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Publication date: 22.05.2024
active and purposeful military lawyer with more than 4 years of experience
Regarding the preservation of the average salary of part-time teachers for the period of military service under the draft during mobilization
The Law of Ukraine dated July 1, 2022 No. 2352-IX "On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labor Relations", which entered into force on July 19, 2022, amended Article 119 of the Labor Code of Ukraine (hereinafter - the Labor Code) in part of the exclusion of the norm regarding the retention by the employer of the average salary of employees called up for term military service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription of reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of a special period for the period before its expiration or until the day of actual release.
At the same time, the Law of Ukraine dated September 5, 2017 No. 2145-VIII "On Education" (hereinafter - Law No. 2145) regulates social relations that arise in the process of realizing the constitutional human right to education, the rights and obligations of individuals and legal entities that take participation in the realization of this right, and also determines the competence of state bodies and local self-government bodies in the field of education.The second part of Article 57 of Law No. 2145 provides for state guarantees for teaching and scientific-pedagogical workers, in particular, the previous average earnings are retained for such workers, in the event that they undergo military service under conscription during mobilization, for a special period, or military service under conscription of persons with the number of reservists in a special period.
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According to Article 102-1 of the Labor Code, 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. Part-time employees are paid for the work actually performed.
Therefore, this norm allows employees, in addition to the main employment contract, to conclude part-time employment contracts.
We wrote earlier: It is planned to change the rules for the formation of salaries for teachers
Part three of Article 56 of the Labor Code stipulates that part-time work does not entail any restrictions on the scope of labor rights of employees.
Taking into account the above, as of today, for pedagogical and scientific-pedagogical employees of educational institutions, who undergo military service under conscription during mobilization, for a special period, or military service under the conscription of reservists in a special period, the previous average salary is kept as the main place of work, as well as part-time.
