Age and Education Cannot Justify Class Removal

Generate structured, academic-grade coursework with outline, research chapters, and references.

This means that depriving an employee of lessons based on criteria unrelated to work performance and results — such as age and form of education — is against the law. ## Educational Requirements According to the qualification descriptions approved by the order of the Minister of Preschool and School Education dated January 13, 2026, No. 9, a primary school teacher is required to have at least a secondary special pedagogical education or a higher education degree of at least a bachelor's level, as well as to have completed professional retraining courses in primary education; - There is no provision in paragraph 6 of the Cabinet of Ministers' decision dated December 21, 2005, No. 275, and in paragraph 4 of the annex to the decision that prohibits teachers with secondary special education from working in educational institutions. ## Class Leadership and Lesson Distribution According to the job description for class leaders approved by the Minister's order dated June 27, 2023, No. 190, class leadership is assigned to employees working in the school as primary staff and possessing managerial skills; - According to paragraph 15 and heading 19 of the regulation "On the Procedure for Class Formation in General Educational Institutions and the Formation of Tariff Lists" (list number 3271), until teachers with higher education are provided, teachers with secondary special and vocational education may work; - The requirement for class leaders to have higher pedagogical education has been completely abolished by the Minister's order dated October 23, 2025, No. 398. ## Responsibility and Appeal Procedures The illegal termination of the employment contract with a teacher of retirement age and with secondary special education by the school director is considered a violation of labor legislation.

In such cases, an administrative case may be initiated against the director under Article 49 of the Administrative Responsibility Code, and a fine may be imposed ranging from five to ten times the basic calculation amount. If the teacher believes their labor rights have been violated, they can appeal to regional justice or employment departments, as well as to the prosecutor's office.

If they have been unlawfully dismissed, they can seek reinstatement through the court and recover payments for the time of forced absence: according to Article 320 of the Labor Code, the employer is obliged to compensate for all cases where an employee has been unlawfully deprived of the opportunity to work by paying the unpaid wages.

We previously wrote about the illegality of removing a class from a teacher with secondary special education, and separately addressed the priority order of lesson distribution in another article.

Tashkent State Technical University (TSTU)

Tashkent

Algorithms and Data Structures in Python

M.T. Ziyayev, D.N. Rahimov