Publication date: 16.05.2024
active and purposeful military lawyer with more than 4 years of experience
The legality of declaring a layoff in an educational institution
SITUATION
The educational institution announced a simple. In the documents announcing the layoff, that is, in the acts and the order, the reason for the layoff is stated: "due to the lack of organizational conditions for activity and a reduction in the burden on the wage fund." Is it legitimate to announce a layoff for such reasons when the process of ending the academic year was taking place? Who exactly has the authority to issue an order to declare downtime in an educational institution: the head of the education department or the director of the institution? Does a teacher have the right to express his disagreement with the announcement of a layoff in writing?
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DECISION
Regarding the grounds for declaring idleness
According to Article 34 of the Code of Labor Laws of Ukraine, a simple stoppage of work caused by the lack of organizational or technical conditions necessary for the performance of work, force majeure or other circumstances.
In the documents related to the declaration of downtime, a specific organizational reason that prevents the performance of work must be indicated. Under the conditions of the period of martial law, these can be:
• conducting active hostilities in the area where the institution is located;
• occupation of the territory where the facility is located;
• destruction or destruction of the premises of the institution as a result of hostilities;
• the completion of the educational process and the impossibility of providing work to teaching staff under the conditions of limiting the duration of annual leave;
• lack of technical conditions for performing works (lack of electricity supply, communication, etc.).Such a reason as reducing the burden on the payroll fund cannot be a simple reason, as it does not belong to either the organizational or the technical conditions of work.
Regarding the issuance of the layoff order
In accordance with the order of the Ministry of Education and Science of March 28, 2022 No. 274 "On some issues of the organization of obtaining general secondary education and the educational process in the conditions of martial law in Ukraine", management bodies in the field of education of local executive bodies, local self-government bodies, in particular under in which general secondary education institutions and educational institutions are located, must ensure and organize the remuneration of employees of educational institutions and educational institutions, regardless of their current place of residence (stay) in Ukraine or abroad, including by making a decision (order, order ) about declaring a shutdown in educational institutions that cannot carry out educational activities as a result of the armed aggression of the Russian Federation.
Therefore, if there are reasons for declaring a layoff, the department of education can, by its decision, declare it.
Regarding the employee's disagreement with the announcement of downtime
The employer makes the decision to declare a layoff. If the employee disagrees with this decision, he has the right to appeal it to the court, the commission for labor disputes, as well as to file a complaint with the bodies of the State Labor Service (hereinafter referred to as the State Labor Service).
In order to effectively protect his rights, the employee can first write a complaint to the territorial body of the State Labor Service, and then apply to the court for the response materials.
