Засгийн газрын ням гаригийн шийдвэр хүчинтэй юу?

9-12-3-550x300Засгийн газар 2018 оны наймдугаар сарын 12-нд ээлжит бусаар хуралдаж ЗТХ-ийн сайд Ж.Бат-Эрдэнийг чөлөөлсөн. Тэр өдөр нь ням гариг байв. Ням гариг бол Монгол Улсын Хөдөлмөрийн тухай хуулиар “Амралтын өдөр” юм. Энэ нь ням гаригт ажиллаж болохгүй гэсэн үг биш. Харин Засгийн газар ням гаригт буюу амралтын өдрөөр ийн сайдыг чөлөөлсөн шийдвэр гаргасан нь бас л хууль зөрчсөн асуудал болж таарахаар байна.

Ер нь бол ажил олгогч ням гаригт ийм шийдвэр гаргах нь хуулиар хориотой. Энэ асуудлаар хөдөлмөрийн маргаан буюу ажлаас үндэслэлгүй халсан гэсэн гомдол гарахад мөнөөх ажил олгогч шүүх дээр шууд буруутдаг хуультай.

Хэрэв ингэвэл Засгийн газрын 2018 оны наймдугаар сарын 12-ны ням гаригийн шийдвэр асуудал дагуулна гэсэн үг. Өөрөөр хэлбэл, үүгээр зөвхөн ЗТХ-ийн сайд Ж.Бат-Эрдэнэ ч бус ЗТХ-ийн дэд сайд Б.Цогтгэрэл, Төрийн нарийн бичгийн дарга Ж.Бат-Эрдэнэ, тус яамны Газрын дарга нарыг чөлөөлсөн нь хууль бус болох юм.

Нөгөөтэйгүүр, Засгийн газрын ээлжит бус хуралдаанаар томилгоо болоод эдийн засгийн ач холбогдол бүхий шийдвэр гаргах нь хориотой байдаг байна. Засгийн газрын хуралдааны журмаар үүнийг зохицуулж өгсөн байгаа юм.

Ингээд ирэхээр ЗТХ-ийн сайд Ж.Бат-Эрдэнийг чөлөөлсөн Засгийн газрын шийдвэр нь Үндсэн хууль, Засгийн газрын тухай хуулийг зөрчиж, УИХ-ын онцгой бүрэн эрхэнд халдсанаас гадна Хөдөлмөрийн тухай хууль, Засгийн газрын хуралдааны журамтай харшилсан болж таарах нээ.

Товчхондоо, Үндсэн хуулийн Цэцээс гадна шүүхэд очиж ч болзошгүй нь.

Эх сурвалж: “Зууны мэдээ” сонин

Б.ДАМДИН-ОЧИР


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