Yagmyr NURIYEV, Director of the Institute of State, Law and Democracy of Turkmenistan, Doctor of Law
Esteemed President pays close attention to ensuring the realization of the rights of citizens to work, which is one of the basic constitutional human rights. The efforts of the Head of State stimulate citizens to creative work and social activities on a democratic basis. The role of the state in ensuring the rights of citizens in the labour sphere is multifaceted. It comes down to the following factors: the state prohibits forced labour; ensures healthy and safe working conditions; takes measures for full employment; guarantees the right of a person to protect his economic and social interests (Constitution of Turkmenistan, Article 49).1 The constitutional right to work is universal and involves various forms of implementation. The most important ones are directly specified in the Constitution: the right to remuneration, corresponding to the quantity and quality of work (Article 49), engaging in business and other economic activities not prohibited by law (Article 47), freedom of artistic, scientific and technical creativity (Article 56). In addition, the right to work can be realized through such forms of employment as craft activities, folk art, the provision of services and the execution of civil and labour contracts, etc. The main form of realization of the right to work is the conclusion of an employment contract. The procedure for the conclusion, amendment and termination of a labour contract is regulated by the Labour Code of Turkmenistan.2 At present, the labour legislation of Turkmenistan is being improved on the basis of accumulated experience and generally accepted international standards. Legal norms are systematically modernized, aimed at the realization of the right to work, the choice of profession, occupation and place of work. The program of the President of Turkmenistan for the socio-economic development of the country for 2019-2025 provides for a wide range of measures to modernize labour relations and expand cooperation with international organizations on labour protection, on the basis of improving labour legislation, creating a modern labour market, a system of social guarantees of employment.3 Guided by the tasks outlined in the Presidential Program, “Youth Adaptation Program on the Labour Market in Turkmenistan and Improving its Employment” and the Implementation Plan for this document were adopted on June 14, 2019.4 The objectives of Programme are to study the demand for specialists in economic sectors and make science-based decisions, to improve the professional skills of young people, to create decent social conditions for young personnel and to stimulate their interest in working. It is also envisaged to increase the number of workplaces where knowledge of advanced information and communication, digital technologies is necessary.The use of modern legal means in labour relations is one of the main areas of the development of society. Labour legislation is the basis for creating conditions for effective work, the intellectual development of person, his desire for creativity, and the improvement of professional skills. Ensuring the employment of the population has a significant impact on the overall economic and social development of the country. Turkmenistan has been a full member of the International Labour Organization (ILO) since September 24, 1993. By joining the main regulatory acts of this organization and introducing them into the national labour legislation, our country conducts consistent work on solving modern problems of improving labour relations. The principle of the ILO’s work is based on tripartite cooperation, namely, on ensuring a combination of the interests of the employee, the employer and the government. In accordance with this, the participation of the representatives of employees, employers and the government in the creation, management of labour, activities of all the bodies of this organization. Participation in the work of the management of labour assists in the development of labour law norms based on international practice, the development of entrepreneurship and the improvement of employment. The labour law of Turkmenistan and the management of labour relations adhere to the principle of tripartite cooperation of the ILO. The adoption of the Law of Turkmenistan “On the tripartite commission for the regulation of social and labour relations” on October 20, 2018 and its entry into force on January 1, 2019 became an important step in the implementation of the principle of tripartite cooperation. According to this Law, the activities of the Commission are based on: the voluntary participation of a representative of employees and a representative of employers in the activities of the Commission; powers of the parties; independence of the parties; equality of the parties; respect for and consideration of the interests of the parties; freedom to choose a list of issues submitted for discussion; voluntary acceptance of obligations by the parties; obligation to fulfil the obligations assumed by the parties; responsibility of the parties for failure to fulfil obligations (Article 4).5 It is known, an international ILO conference was held on June 10-21, 2019, which was held at the ILO headquarters in Geneva, Switzerland. The 108th session of the conference was the culmination of the celebration of the 100th anniversary of the ILO, which was established in 1919. The International Labour Organization is one of the UN specialized agencies, with 178 member states. The supreme body of the ILO is the annual international labour conference, which consists of representatives of the ILO. The International Labour Organization is mainly engaged in the adoption of international labour standards, the development of international policies and programs aimed at ensuring basic human rights, improving working and housing conditions and increasing employment, occupational safety issues, protecting migrant workers, setting appropriate minimum wages. It is also mandated to provide technical assistance to developing countries, the ultimate goal of which is to form an international employment program, as well as creating norms and providing technical cooperation based on intensive research, training, education and publications programs. As stated in the preamble of the ILO charter, it should contribute to the establishment of universal and lasting peace through the promotion and development of social justice. In accordance with this, the main tasks are defined, specific action programs are developed. The ILO’s activities are diverse, but traditionally the basis of its tasks is rule-making activities. According to the content, the international legal acts of the ILO are classified into: acts that protect the fundamental rights and freedoms of person in the field of labour; acts relating to the provision of employment, protection against unemployment; acts regulating working conditions; acts of safety and industrial hygiene; acts regulating the work of workers in need of increased legal protection; acts regulating the cooperation of organizations of workers, employers, the state; and on a number of other issues. In order to properly organize work in any sphere of production activity, it is necessary to know how much work, how many workers of various specialties and qualifications will be needed to perform a particular job. In other words, first of all, it is necessary to establish the measure of labour of each worker, which is expressed in the labour norm. The definition of the required value of labour costs for the implementation of a given volume of work is the essence of the valuation of labour. Rationing and the scientific management of labour are important in all areas of activity. Improving the management of labour on a scientific basis is a complex and multifaceted process. According to the generally accepted definition in special literary sources, the scientific management of labour is the process of improving the management of labour based on the achievements of science and advanced experience. The term scientific management of labour is usually characterized by an improvement in the organizational forms of labour utilization within a single labour collective. The ultimate goal of applying the methods of scientific management of labour is to save time spent in the labour process. In modern conditions, this goal is mainly achieved using digital methods. Scientific nature, complexity, optimality, economic efficiency and humanity are its main principles of the scientific management of labour. This is explained by the fact that in order to obtain objective data on the management of labour, research and analysis of labour processes are being conducted. All the developed complex measures for the management of labour, providing for a certain economic effect are aimed at preserving human health and increasing the content of labour. The tasks that are solved in the framework of organizational management of labour: improvement of the division of labour; improvement of the organization of jobs; rationalization of labour practices; optimization of labour valuation; personnel training. The level of education and qualifications of workers directly involved in the production process significantly affects the quantitative and qualitative results of their work. Education is of particular importance in the reproduction of human intellectual potential. In the modern information age, knowledge becomes the main resource, the subject of production, exchange and consumption. In connection with the development of technology, the diversity of activities that require specialized knowledge and skills, professionalization of knowledge increases. The number of specialties focused on the requirements of digital sustainable economic development is growing in higher educational institutions, relationship between production and education is increasing. Intellectual work, work with information and constant updating of knowledge are factors for increasing the competitiveness of all subjects of labour relations. In this regard, the role of education in public life, economic and labour processes is being rethought. The following list of qualities that characterize a modern employee and give him advantages in the digital economy is generally recognized:
— readiness for constant innovation activity;
— preparedness for the processing and evaluation of digital information as a permanent component of work;
— ability to act in different situations, make optimal decisions, analyse emerging problems;
— readiness for the combination of personal and public interests, establishing contact within one’s own team and with other teams;
— initiative, enterprise;
— inclusion in the system of continuing education and advanced training;
— combination of humanitarian and technical, technological culture;
— professional qualification mobility.
Thus, education performs the function of forming a developed personality capable of creative thinking, developing its abilities. In modern society, the professionalization of knowledge is also increasing. This is due to the development of technology, the diversity of activities that require specialized knowledge and skills. At the same time, scientifically developed labour standards and their correct establishment contribute to increasing the interest of employees in the results of their labour, the development of creative activity and the initiative of employees. The further expansion of the application of scientifically and technically sound standards and the improvement of their quality become the main areas for improving labour rationing. In general, in Turkmenistan active efforts are being made to implement the constitutional right to work through the scientific management of labour. This is confirmed by a number of national legislative acts and plans to improve the management of labour. National programs include comprehensive areas such as improving employment, increasing labour rights, expanding social protection and promoting social cooperation. Programs aimed at improving the social security of citizens in Turkmenistan and benefits provided to employees have a positive effect on improving labour relations and increasing the efficiency of creative work. In Turkmenistan, there is a set of norms defining the relationship and harmonization of international labour law with national labour legislation. This set of norms is systematically implemented in the practice of labour relations.
1. Türkmenistanyň Konstitutiýasy. — A.: Türkmen döwlet neşirýat gullugy, 2016.
2. Türkmenistanyň Zähmet kodeksi. — A.: Türkmen döwlet neşirýat gullugy, 2009.
3. Türkmenistanyň Prezidentiniň ýurdumyzy 2019-2025-nji ýyllarda durmuş-ykdysady taýdan ösdürmegiň
Maksatnamasy. — A.: Türkmen döwlet neşirýat gullugy, 2019.
4. Newspaper “Türkmenistan”. June 15, 2019.
5. Newspaper “Türkmenistan”. November 8, 2018.