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Publication date: 22.04.2024
active and purposeful military lawyer with more than 4 years of experience
Material assistance for the recovery of an internal part-time worker
Please let me know if financial aid for recovery is paid to an internal part-time worker? The employee goes on vacation with recovery at the main place of work, and also takes vacation as an internal part-time employee. The collective agreement does not specify the moment of recovery.
Decision:
Article 2 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations" defines that the right to vacations is available to citizens of Ukraine who are in employment relations with enterprises, regardless of the form of ownership, type of activity and industry affiliation, as well as work under an employment contract with an individual.
According to Article 102-1 of the Labor Code of Ukraine, part-time work is considered to be the performance by an employee, in addition to the main one, of other paid work under the terms of an employment contract in the time free from the main job at the same or another enterprise, institution, organization or employer — a natural person.
That is, an internal part-time employee performs other paid work at the same enterprise under a different employment contract alongside the main one. Therefore, he has the right to all types of holidays provided for by law, both for the main place of work and for internal part-time work.
As for financial aid for rehabilitation, which is usually paid to employees when they take annual basic leave, there is currently no general regulatory act that would regulate the procedure for its provision for all categories of employees in all spheres of enterprise activity.For some categories of employees and enterprises, there is a legally defined right to financial assistance for rehabilitation when granting annual basic leave, while other enterprises may provide for the right to receive such assistance in their collective agreements.
For example, Article 58 of the Law of Ukraine dated December 10, 2005 No. 889-VIII "On Civil Service" stipulates that civil servants, along with annual basic leave, are provided with monetary assistance in the amount of the average monthly salary.
Also, Article 57 of the Law of Ukraine dated September 5, 2017 No. 2145-VIII "On Education" stipulates that the state provides pedagogical and scientific-pedagogical employees with the payment of health benefits in the amount of a monthly official salary (salary rate) when granting annual leave.
In accordance with sub-clause 5 of clause 4 of the order of the Ministry of Education and Science of Ukraine dated September 26, 2005 No. 557 "On streamlining the terms of payment and approving schemes of tariff levels for employees of educational institutions, educational institutions and scientific institutions" for employees of educational institutions that do not belong to pedagogical and scientific and pedagogical, financial assistance can be provided, including for rehabilitation, in the amount of no more than one official salary per year.
Record book of annual and additional leave of employees
Format (size): 210×297 mm
Volume: 60 p.According to the third paragraph of clause 2 of the Resolution of the Cabinet of Ministers of Ukraine of May 11, 2011 No. 524 "Issues of remuneration of employees of institutions, establishments and organizations of certain branches of the budget sphere", medical and pharmaceutical employees of state and communal institutions (institutions) are provided with the payment of financial aid for recovery in in the amount of official salary during the granting of their basic annual leave.
Also, the legally approved right to receive financial aid for recovery during the annual main vacation is available to:
• employees of state and communal libraries (paragraph 3 of the Resolution of the Cabinet of Ministers of Ukraine dated January 22, 2005 "On approval of the Procedure for paying additional payments for years of service to employees of state and communal libraries");
• employees of state and communal museums (clause 4 of the Resolution of the Cabinet of Ministers of Ukraine dated January 22, 2005 No. 82 "On the implementation of certain provisions of the second part of Article 28 of the Law of Ukraine "On Museums and Museum Matters";
• employees of state and communal club facilities, culture and recreation parks, centers (houses) of folk art, culture and leisure centers, other cultural and educational centers (subparagraph 2 of paragraph 2 of Resolution of the Cabinet of Ministers dated December 9, 2015 No. 1026 "Issue of payment to employees of state and communal club facilities, parks of culture and recreation, centers (houses) of folk art, centers of culture and leisure, other cultural and educational centers of seniority allowance, assistance for rehabilitation and material assistance for solving social and household issues." , which do not belong to pedagogic and scientific-pedagogical ones, may be provided with financial assistance, including for rehabilitation, in the amount of no more than one official salary per year.
Record book of annual and additional leave of employees
Format (size): 210×297 mm
Volume: 60 p.
According to the third paragraph of clause 2 of the Resolution of the Cabinet of Ministers of Ukraine of May 11, 2011 No. 524 "Issues of remuneration of employees of institutions, establishments and organizations of certain branches of the budget sphere", medical and pharmaceutical employees of state and communal institutions (institutions) are provided with the payment of financial aid for recovery in in the amount of official salary during the granting of their basic annual leave.Also, the legally approved right to receive financial aid for recovery during the annual main vacation is available to:
• employees of state and communal libraries (paragraph 3 of the Resolution of the Cabinet of Ministers of Ukraine dated January 22, 2005 "On approval of the Procedure for paying additional payments for years of service to employees of state and communal libraries");
• employees of state and communal museums (clause 4 of the Resolution of the Cabinet of Ministers of Ukraine dated January 22, 2005 No. 82 "On the implementation of certain provisions of the second part of Article 28 of the Law of Ukraine "On Museums and Museum Matters";
• employees of state and communal club facilities, culture and recreation parks, centers (houses) of folk art, culture and leisure centers, other cultural and educational centers (subparagraph 2 of paragraph 2 of Resolution of the Cabinet of Ministers dated December 9, 2015 No. 1026 "Issue of payment to employees of state and communal club facilities, parks of culture and recreation, centers (houses) of folk art, centers of culture and leisure, other cultural and educational centers of seniority allowance, assistance for rehabilitation and material assistance for solving social and household issues."
In none of the above-mentioned normative acts, there is no restriction on the provision of financial aid for recovery to internal part-time workers.
As already noted earlier, enterprises whose employees do not have a legally established right to receive financial assistance for recovery during the annual basic leave can provide for the provision of such an additional guarantee for their employees in the collective agreement.At the same time, in the collective agreement, they can provide for all conditions and restrictions for receiving such material assistance and its amount (including restrictions on receiving such assistance for internal part-time employees).
In our situation, it is stated that in the collective agreement of the enterprise, the moment of providing financial assistance for the recovery of internal part-time employees is not defined, and according to the main place of work, this employee receives financial assistance during the provision of annual basic leave. Therefore, financial assistance for recovery for employees at this enterprise is provided in general. And since an internal part-time employee is the same employee who performs work under an employment contract as others, he has the right to financial assistance for recovery on the same level as others.
