Volume 04 Issue 12-2024
55
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
55-59
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article delves into the unique features of labor relations in Uzbekistan’s civil service as defined by Articles 30 and
33 of the 2022 Law on Civil Service. It investigates the rationale behind the exclusion of labor contracts for political
positions and explores the practical implications of adopting labor contracts for other civil service roles. The study
employs a robust methodological framework, including historical-legal analysis, comparative legal analysis, and
normative-analytical methods, to examine both national and international practices. Comparative insights are drawn
from the European Union, the United States, the United Kingdom, Canada, Germany, and the UAE, focusing on
innovative approaches to structuring civil service labor relations. The findings highlight critical areas for aligning
Uzbekistan’s labor legislation with global standards and propose actionable recommendations for enhancing
transparency, accountability, and efficiency within the civil service framework. The study’s conclusio
ns aim to
contribute to the modernization of Uzbekistan’s civil service, offering a pathway to harmonize domestic practices
with international norms while addressing specific national challenges. The findings aim to enhance the regulatory
framework for civil service and address key challenges in its application.
KEYWORDS
Civil service, political positions, labor contract, service relations, legislation, comparative analysis, international
standards.
INTRODUCTION
Research Article
TRANSFORMING LABOR RELATIONS IN UZBEKISTAN'S CIVIL SERVICE:
INSIGHTS FROM INTERNATIONAL PRACTICES
Submission Date:
December 12, 2024,
Accepted Date:
December 17, 2024,
Published Date:
December 22, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue12-09
Ibragimova Mukhlisa Paridunovna
PhD student at the Academy of Public Administration, under the President of the Republic of Uzbekistan
ORCID: https://orcid.org/0000-0002-7490-1587
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
56
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
55-59
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The civil service is one of the fundamental pillars of any
governance system. Through this structure, public
institutions safeguard societal interests, ensure the
rule of law, and implement government policies
effectively. Civil servants act as a bridge between the
state and society, playing a crucial role in the efficient
functioning of public administration. The legal
regulation of their labor relations not only affects the
performance of individual employees but also impacts
the broader stability and efficiency of governance
structures.
In Uzbekistan, the introduction of the Law on Civil
Service in 2022 marked a significant step toward
modernizing public administration. This law establishes
the foundational framework for civil service
operations, introducing key provisions aimed at
enhancing professionalism and institutional integrity.
Articles 30 and 33 of the law are particularly notable, as
they exclude labor contracts for political positions
while mandating structured service relations for other
roles. Such provisions underscore the importance of
delineating responsibilities and ensuring legal clarity in
civil service operations.
The current study seeks to provide an in-depth analysis
of these developments, highlighting the unique
characteristics of labor relations within Uzbekistan’s
civil service. By examining the advantages and
limitations of service relations over traditional labor
contracts, this research offers critical insights into how
these frameworks can be aligned with international
standards. Furthermore, the study incorporates a
comparative analysis of labor practices in countries
such as the United Kingdom, the United States,
Canada, Germany, and the UAE to identify best
practices that could inform future reforms in
Uzbekistan. The findings aim to address key challenges
in labor regulation while contributing to the broader
discourse on public sector modernization.
METHODS
This study employed a comprehensive methodological
approach to thoroughly analyze labor relations within
Uzbekistan’s civil service. The following methods were
utilized: a) Historical-Legal Analysis: This method was
used to trace the evolution of legislative regulation
concerning civil servants in Uzbekistan. Particular
emphasis was placed on understanding the
implications of Articles 30 and 33 of the 2022 Law on
Civil Service. The analysis included a review of historical
contexts, legal amendments, and their alignment with
administrative reforms. B)Comparative Legal Method:
To provide a broader perspective, the study examined
labor legislation and civil service practices in Latvia,
Russia, Kazakhstan, Germany, the United Kingdom, the
United States, Canada, the UAE, and Georgia. This
comparison allowed for identifying commonalities and
divergences, highlighting best practices that could be
adapted to Uzbekistan’s context. C) Norma
tive-
Analytical Method: This involved an in-depth review of
Uzbekistan’s Constitution, the Labor Code, and other
relevant laws regulating civil service operations. The
study assessed how these legal frameworks define the
rights, duties, and responsibilities of civil servants,
focusing on gaps and inconsistencies in the current
legislation. D) Content Analysis: The research
incorporated a systematic review of scholarly works
from international and Uzbek legal experts.
Recommendations from prominent international
organizations, such as the International Labor
Organization (ILO) and the Organisation for Economic
Co-operation and Development (OECD), were analyzed
to understand global trends in civil service labor
relations.
Key documents analyzed in this study include:
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Publisher:
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Servi
1.
The Constitution of Uzbekistan
: Establishes
the
foundational
principles
governing
public
administration and the civil service.
2.
The Law on Civil Service (2022)
: Defines critical
aspects of labor relations, including the exclusion of
labor contracts for political positions and structured
service relations for other roles.
3.
International Frameworks
: Includes labor
legislation from Latvia, Lithuania, Germany, the UK, the
USA, Canada, and the UAE, which emphasize merit-
based recruitment, transparency, and professional
development.
4.
Guidelines
and
Recommendations
:
Recommendations from international bodies like the
ILO and OECD on public sector governance and labor
relations.
The research design ensured that the analysis was not
limited to a theoretical review but also included
practical considerations and implications, enabling the
formulation of actionable recommendations for
Uzbekistan. By integrating these methodologies, the
study provided a robust foundation for understanding
and improving civil service labor relations.
RESULTS
The Constitution and the 2022 Law on Civil Service form
the basis of labor relations for civil servants in
Uzbekistan. While labor contracts are excluded for
political appointees, they are essential for other
categories, ensuring legal clarity in employment terms.
United Kingdom: The UK’s civil service system is a well
-
structured and transparent institution governed by the
Civil Service Code and the Constitutional Reform and
Governance Act 2010. It emphasizes impartiality,
integrity, and merit-based recruitment, ensuring
fairness and efficiency. The system includes clear
hierarchical categories of civil servants, such as
administrative, executive, and professional roles.
These roles are regulated by service contracts
specifying duties, rights, and performance standards.
The Civil Service Commission plays a pivotal role in
overseeing appointments and maintaining ethical
standards. This hierarchical structure ensures a clear
division
of
responsibilities
and
accountability
mechanisms. URL
United States: The U.S. civil service system operates
under the framework of the Civil Service Reform Act
(CSRA) of 1978. This legislation introduced mechanisms
such as the Merit Systems Protection Board (MSPB)
and the Office of Personnel Management (OPM) to
enforce merit-based principles and protect employee
rights. Federal civil servants are classified into
hierarchical categories, including General Schedule
(GS) employees and Senior Executive Service (SES)
members. These categories are regulated by
employment contracts outlining specific roles and
responsibilities. The system ensures a clear career
path, with promotions based on performance and
experience. This structure fosters professional growth
while
maintaining
accountability
and
ethical
governance. URL
Canada: Canada’s civil service system is governed by
the Public Service Employment Act (PSEA), which
emphasizes equity, transparency, and meritocracy. The
Public Service Commission oversees the recruitment
and promotion of civil servants, ensuring adherence to
these principles. Civil servants in Canada are
categorized into groups such as executive,
operational, and technical roles, each with specific
responsibilities and performance expectations. These
categories are regulated through service agreements
that detail job descriptions, ethical standards, and
evaluation criteria. The hierarchical structure supports
Volume 04 Issue 12-2024
58
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
55-59
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
a fair and efficient public administration system while
providing avenues for professional development and
accountability. URL
G
ermany: Germany’s civil service system is one of the
most structured and hierarchical systems globally,
governed by the Federal Civil Service Act
(Beamtenstatusgesetz). It categorizes civil servants
into federal, state, and local levels, each with distinct
roles and responsibilities. Civil servants are further
classified into career groups, such as administrative,
technical, and judicial roles. Their activities are
regulated primarily through lifelong service contracts,
ensuring job security and professional stability. This
hierarchical system is complemented by rigorous
performance evaluations and a strong emphasis on
neutrality and ethical governance. Such a framework
promotes both efficiency and trust in public
administration. URL
United Arab Emirates (UA
E): The UAE’s civil service
system is managed by the Federal Authority for
Government
Human
Resources
(FAHR)
and
emphasizes performance-based management. Civil
servants are categorized into various levels, including
managerial, technical, and operational roles, each
regulated by tailored employment contracts. These
contracts include provisions for performance metrics,
professional development, and flexibility to adapt to
strategic objectives. The hierarchical structure ensures
clarity in responsibilities and aligns individual roles with
national development plans. This system reflects a
modern and adaptive approach to civil service
management, integrating international best practices
with local administrative needs. URL
The comparative analysis highlights opportunities to
adapt international best practices for improving the
efficiency and transparency of civil service in
Uzbekistan. Each country’s unique approach provides
valuable insights into aligning Uzbekistan’s legal
framework with global standards.
DISCUSSION
The exclusion of labor contracts for political positions
in Uzbekistan reflects an effort to maintain objectivity
and independence in these roles. However, service
relations based on contracts provide better legal
protections for administrative positions. Such an
approach ensures that civil servants operate within a
structured framework, enhancing accountability and
reducing the risk of conflicts of interest.
International experiences provide valuable lessons. For
example, Germany’s hierarchical
and statutory system
highlights the benefits of structured career paths and
lifelong employment, which promote stability and
professionalism. The UAE’s performance
-oriented
contracts, on the other hand, demonstrate how
flexibility and adaptability can drive efficiency and align
individual objectives with national goals. Similarly, the
UK’s emphasis on merit
-based recruitment and
transparency in appointments serves as a benchmark
for fostering trust in public administration.
To align Uzbekistan’s labor legis
lation with these
global standards, specific steps can be taken:
1.
Adoption of Structured Hierarchies
: Introduce
clear categories for civil servants based on roles and
responsibilities, similar to Germany’s classification
system. This ensures that duties are well-defined, and
career progression paths are transparent.
2.
Integration of Performance Metrics
: Draw
inspiration from the UAE’s model by incorporating
performance evaluations into employment contracts.
These metrics can be tied to incentives, encouraging
civil servants to achieve both individual and
organizational objectives.
Volume 04 Issue 12-2024
59
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
55-59
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
3.
Transparency and Meritocracy
: Following the
UK’s example, establish independent bodies to
oversee recruitment and promotions, ensuring
decisions are based solely on merit.
4.
Training
and
Development
Programs
:
Canada’s focus on mandatory leadership training
highlights the importance of equipping civil servants
with the necessary skills to adapt to changing
administrative demands. Uzbekistan could implement
similar programs to enhance the competencies of its
workforce.
5.
Statistical
Monitoring
:
Use
data-driven
approaches to assess the effectiveness of reforms. For
instance, measuring public satisfaction with civil
services or tracking employee turnover rates can
provide insights into areas needing improvement.
While these recommendations hold significant
promise, Uzbekistan must also address potential
challenges, such as resistance to change, limited
administrative capacity, and legal inconsistencies.
Overcoming these hurdles will require comprehensive
planning and collaboration among policymakers, legal
experts, and international partners.
By drawing on international best practices and
tailoring them to its unique context, Uzbekistan can
modernize its civil service and create a governance
system that is both efficient and equitable.
CONCLUSION
Labor contracts serve as a vital legal tool in defining the
rights
and
responsibilities
of
civil
servants.
Comparative legal practices in the UK, USA, Canada,
Germany, UAE, Latvia, and Georgia underline the
importance of contracts in ensuring social guarantees
and legal protection. Uzbekistan’s civil service reform
can benefit significantly from these experiences,
fostering a more transparent and effective governance
system.
ACKNOWLEDGMENT
This research was conducted with the support of the
Academy of Public Administration under the President
of the Republic of Uzbekistan. The author thanks
colleagues and reviewers for their valuable feedback.
REFERENCES
1.
Uzbekistan’s Law on Civil Service, 2022, National
Database of Legislation, 03/24/963/0735.
2.
Latvia’s Civil Service Law, Article 5. URL
3.
International
Labor
Organization
(ILO)
Recommendations. URL
4.
OECD Recommendations on Public Governance.
URL
5.
Georgia’s Public Service Law. URL
6.
Marston, S. Public Service Employment Relations in
the United States: Balancing Efficiency and
Employee Rights.
7.
Demmke, C. Civil Services in the EU of 27: Reform
Outcomes and the Future of the Civil Service.
8.
Morrell, A. P. Employment Contracts in Public
Administration: A Comparative Study.
9.
Wilson, L. P. The Legal Framework of Public
Employment in the UK: Challenges and
Developments. URL
10.
Eydoz, J.-M. Public Sector Employment Law in
France: Evolution and Current Trends.
11.
Canada Public Service Commission. URL
12.
UAE Federal Authority for Government Human
Resources. URL
13.
Germany’s Federal Civil Service Act. URL
14.
EU Charter of Fundamental Rights, 2012.
15.
OSCE Recommendations on Transparency in Public
Administration, 2018.
