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Conducting lessons or groups by the director is not part-time work: clarification of the Ministry of Education and Culture

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Ostapulia Andriy
Ostapulia Andriy
Lawyer
Ukraine / Kyiv

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Publication date: 22.05.2024

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Conducting lessons or groups by the director is not part-time work: clarification of the Ministry of Education and Culture

 

Are managers and other employees of educational institutions allowed to perform teaching or group work in the same educational institution during their working hours in their main position? Should such work be considered part-time?

The Ministry of Education and Science of Ukraine provided an explanation at the request of the Kyiv city organization of the Trade Union of Education and Science Workers regarding the teaching work of managers of educational institutions, which is performed in accordance with paragraph 91 of the Instructions on the procedure for calculating the wages of education workers, approved by the order of the Ministry of Education of Ukraine dated April 15 No. 102 of 1993 (hereinafter - Instruction No. 102).

 

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Therefore, in accordance with Instruction No. 102, managers of educational institutions are given the right to teach or conduct classes with groups in this institution, but not more than 9 hours and a week (360 hours per year), if they receive a full salary for their main position (rate ).

 

Also, other employees of educational institutions are given the right to conduct teaching work or classes with groups in this institution, but on average no more than 12 hours per week (480 hours per year), if they receive a full official salary (rate) for their main position.

 

For the number of hours specified in this clause, the named employees are paid in addition to the basic salary (rate) in the manner provided for teachers, lecturers and group leaders (according to the tariff).The Ministry of Education and Science of Ukraine notes that:

1) the performance of teaching or group work, within the limits defined by clause 91 of Instruction No. 102, is allowed to managers and other employees of educational institutions in the same educational institution within the limits of their working hours according to their main position, therefore such teaching or group work is not part-time;

2) the performance of the specified teaching or group work is not a combination, because for the performance of such work, payment is made in addition to the basic salary (rate) in the manner provided for teachers, lecturers and group leaders (according to the tariff), and no additional payment is established, which is provided for for combining positions by Resolution of the Cabinet of Ministers of Ukraine dated August 30, 2002 No. 1298 "On remuneration of employees based on the Unified tariff grid of grades and coefficients for remuneration of employees of institutions, establishments and organizations of certain branches of the budget sphere" and the order of the Ministry of Education and Science of September 26 No. 557 of 2005 "On streamlining the terms of payment and approving schemes of tariff levels for employees of educational institutions, educational institutions and scientific institutions" and the establishment of which is prohibited for managerial employees.In view of the above, the adoption of Resolution No. 1306 of the Cabinet of Ministers of Ukraine dated November 22, 2022 "On recognizing as invalid certain resolutions of the Cabinet of Ministers of Ukraine on part-time work of employees of state enterprises, institutions and organizations" and the order of the Cabinet of Ministers of Ukraine dated November 22, 2022 No. 1047-r "On the cancellation of the order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Finance of Ukraine dated June 28, 1993 No. 43" does not limit the right to carry out the work provided by clause 91 of Instruction No. 102 by the relevant employees of educational institutions.

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