If a substitute employee is dismissed due to redundancy, are they paid guaranteed payments?
2025-04-11 08:45:00 / News
According to Article 100 of the Labor Code, if employees are dismissed on special grounds, including due to redundancy, they must be paid their average wage for the 2 months following the dismissal, and if information is provided by the labor authority, for the 3rd month as well.
These payments are listed in Article 100 of the Labor Code as guaranteed payments.
However, Article 440 of the Labor Code states that “when terminating an employment contract on special grounds, the average wage for the period of employment of employees is preserved only when the employment contract at the main place of work is terminated.”
According to this rule, if an employee is dismissed from a substitute position due to redundancy, he should not be paid the average wage for the 3-month job search period specified in Article 100 of the Labor Code.
Employers who have paid such fees will bear the cost and will not be able to recover these amounts from the employee under Article 269 of the Criminal Code, as they were paid due to an incorrect application of the law.
Shokirjon Dadaboev,
Chief legal consultant of the Uychi District Justice Department.
