See more
Publication date: 21.04.2024
active and purposeful military lawyer with more than 4 years of experience
Provision of additional leave during the war to teachers
Article 57 of the Law of Ukraine dated September 5, 2017 No. 2145-VIII "On Education" (hereinafter - Law No. 2145) establishes state guarantees for teaching and scientific-pedagogical workers, in particular:
• proper working conditions;
• payment for professional development;
• legal, social, professional protection;
• differentiation of official salaries (salary rates) according to qualification categories, establishment of increased official salaries (salary rates) for teaching positions, allowances for honorary titles, additional payments for scientific degrees and scientific titles;
• payment to pedagogical workers of an annual monetary reward in the amount of one official salary (salary rate) for conscientious work, exemplary performance of the duties assigned to them;
• payment of medical and scientific-pedagogical health benefits in the amount of a monthly official salary (salary rate) when annual leave is granted.
New state guarantees in conditions of martial law for the field of education are provided for by the Law of Ukraine of March 15, 2022 No. 2126-IX "On Amendments to Certain Laws of Ukraine Regarding State Guarantees in Conditions of Martial Law, State of Emergency or State of Emergency" (hereinafter - Law No. 2126 ).Law No. 2126 supplemented Law No. 2145 with Article 57-1, by which employees of educational institutions, educational institutions, scientific institutions, including those who were forced to change their place of residence (residence) under martial law, to leave their workplace are guaranteed:
• organization of the educational process in remote form or in any other form that is the safest for its participants;
• preservation of the place of work, average earnings, payment of stipend and other payments provided for by law;
• place of residence (boarding house, dormitory, etc.) and provision of food (if necessary).
The provision of the specified state guarantees, the creation of a safe educational environment, the organization of education and the educational process under martial law, within the limits of their competence, are carried out, in particular, by: executive power bodies, military command bodies, military, military-civilian administrations and local self-government bodies, their representatives, officials, management bodies in the field of education; educational institutions, educational institutions, scientific institutions, their founders.
The specified bodies have the right to make decisions within their competence, which are binding on the relevant territory, for the implementation of the above-mentioned state guarantees in the conditions of martial law.
The Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations under martial law" (hereinafter - Law No. 2136) establishes certain limitations and features of the organization of labor relations.
This Law shall be in force exclusively during the period of martial law and shall cease to be effective from the date of its termination or repeal. During the period of martial law, the norms of labor legislation are not applied in the part of relations regulated by the specified Law.
In accordance with Article 12 of Law No. 2136, during the period of martial law, annual basic paid leave is granted to employees for a duration of 24 calendar days.
The State Labor Service of Ukraine clarifies that additional vacations during martial law are granted without restrictions.
Thus, the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations" provides for the following types of additional vacations:
• annual additional leave for work with harmful and difficult working conditions (Article 7);
• annual additional leave for the special nature of work and its duration (Article 8);
• additional leave in connection with studies, creative leave, leave for preparation and participation in competitions, additional leave for certain categories of citizens and injured participants of the revolution of dignity (year III, articles 13-16).
Therefore, the norms of the special Law No. 2136 on labor relations during the war do not limit the employee's right to receive annual additional and other holidays provided for by law.
At the same time, during the period of martial law, the employer may deny the employee any type of leave (except for pregnancy and childbirth leave and leave to care for a child up to the age of three), if such an employee is involved in the implementation works on critical infrastructure facilities.
We draw your attention to the fact that teaching staff have the right to financial aid for rehabilitation when taking annual leave during martial law in accordance with the state guarantees established by Article 57 of Law No. 2145.
