Publication date: 22.05.2024
active and purposeful military lawyer with more than 4 years of experience
Restoration of the List of jobs that are not part-time: the Central Committee of the Trade Union expressed its position
The Central Committee of the Trade Union appealed to the Ministry of Education and Science of Ukraine, the Government and the specialized Committee of the Verkhovna Rada of Ukraine regarding the need to restore the List of jobs that were not considered part-time, in connection with the cancellation of the Resolution of the Cabinet of Ministers of Ukraine dated November 22, 2022 No. 1306 "On recognition as such, that have become invalid, some resolutions of the Cabinet of Ministers of Ukraine on issues of part-time work of employees of state enterprises, institutions and organizations" Resolution of the Cabinet of Ministers of Ukraine dated April 3, 1993 No. 245 "On part-time work of employees of state enterprises, institutions and organizations".
Order of the Cabinet of Ministers of Ukraine No. 1047 also canceled 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, which, in addition to the conditions of part-time work, regulated the list of jobs that were not considered part-time, the main of which there is teaching work with hourly payment in the amount of no more than 240 hours per year, supervision of graduate students, head of the department, etc.
You may be interested in reading articles on the following topics: collection of debt from wages recovery of wages through court recovery of wage arrears recovery of wages recovery of wages in court recovery of wages through court
The cancellation of this List deprives many highly qualified specialists, including pedagogical, scientific and pedagogical workers, as well as employees of departments and administrations of education, other bodies, who are mostly teachers and lecturers, of the opportunity to perform the specified types of work during the main working hours, ensuring an established educational process.After all, it is often not possible to carry out such pedagogical work under conditions of co-operation outside the main job due to the coincidence of the time of the main job with the schedule of classes, lessons, management of graduate students, departments, etc. But the need, especially during the 2022/2023 academic year, when all academic subjects, courses, classes, graduate students are already distributed and assigned to the relevant specialists, is huge.
Therefore, supporting the legislative norms enshrined in Article 102-1 of the Labor Code of Ukraine regarding the lifting of restrictions on part-time work, the Central Committee of the Trade Union believes that it is absolutely necessary to restore the List of jobs that are not part-time, improving it in accordance with the requirements of the present moment.
________________________________________
SEPARATE OPINION OF THE EDITOR-IN-CHIEF
The cancellation of restrictions and the ban on part-time work for employees of state-owned enterprises, institutions, and organizations is generally a positive moment. However, unfortunately, many employees and employers could not find their way around how to work after such lifting of restrictions. Reinstating the list of non-part-time jobs would effectively make such work a job with an unclear "status" because it would not be a primary job and would not be part-time work.
Today, the cancellation of such a list gives the employee the opportunity to realize his opportunities by concluding part-time employment contracts and to perform work in his free time from the main job. And if it is necessary to perform additional work next to the main work, arrange such additional work by introducing combined work.Therefore, it is necessary not to return to the outdated norms of the repealed legislation, but to improve the norms that relate to the payment of labor, in particular, teaching staff, regarding work in combination, to make changes to normative legal acts, such as:
• 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";
• Instruction on remuneration and salary rates of professors and teaching staff of higher educational institutions, approved by Order of the Ministry of Education and Culture of April 2, 1993 No. 90 (applied in the part that does not contradict Order No. 557);
• 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, 1993 No. 102;
• "Unified tariff grid of grades and coefficients for the remuneration of employees of institutions, establishments and organizations of certain branches of the budget sphere" — Appendix 1 to the Resolution of the Cabinet of Ministers of Ukraine dated August 30, 2002 No. 1298.
