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Publication date: 22.05.2024
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About the right of educators to teach in their institution
The Ministry of Education and Science of Ukraine issued a letter of clarification on the right of employees of educational institutions, who receive a full official salary (rate) for their main position in the institution, to engage in teaching activities in the same educational institution during their working hours for their main position.
In accordance with paragraph 91 of the Instruction on the procedure for calculating the salary of education workers, approved by the order of the Ministry of Education of Ukraine dated April 15, 1993 No. 102 (hereinafter - Instruction No. 102), managers of educational institutions are given the right to conduct teaching work or classes with groups in this institution, but no more than 9 hours and a week (360 hours per year), if they receive a full official salary (rate) for their main position.
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 accordance with the procedure provided for teachers, lecturers and group leaders (according to the tariff). For hours of teaching work or classes with circles, performed, as an exception, due to production necessity in excess of the norm specified in this clause, hourly payment is made for the actual number of hours, but not more than 240 hours per year.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.
The Ministry of Education emphasized that Instruction No. 102 is currently valid and has been applied since September 1, 2005 in the part that does not contradict the terms of payment of labor, determined by the order of the Ministry of Education and Science of Ukraine dated September 26, 2005 No. 557.
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In view of the above, the adoption of Resolution No. 1306 of the Cabinet of Ministers of Ukraine dated November 22, 2022 and Resolution No. 1047 of the Cabinet of Ministers of Ukraine dated November 22, 2022, according to which the Resolution of the Cabinet of Ministers of Ukraine No. 245 dated April 3, 1993, "On part-time work of employees of state enterprises, institutions and organizations" and 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 "On approval of the Regulations on the conditions of part-time work of employees of state enterprises, institutions and organizations", no restricts the rights to carry out the work provided by Clause 91 of Instruction No. 102 by relevant employees of educational institutions.Regarding the involvement of employees of other institutions, institutions, enterprises and organizations in pedagogical (teaching) work in educational institutions, the performance of which, according to the list of non-part-time jobs (order No. 43), was allowed during working hours with the permission of the head of the enterprise, institution, organization without withholding wages (in particular, teaching work with hourly wages in the amount of no more than 240 hours per year), then such right is lost with the cancellation of the above-mentioned normative acts on co-working.
Taking into account that the specified normative acts were used not only in the educational sector, but concerned employees of the entire budgetary sphere, the Ministry of Education and Science turned to the Ministry of Economy, which is the main body in the system of central executive bodies, which ensures the formation and implementation of state policy in the sphere of labor , employment of the population, labor relations, with the need to develop a draft decision of the Cabinet of Ministers of Ukraine, which would regulate the specified issue, allowing certain types of teaching (pedagogical) activity in certain volumes and with hourly payment within the main working hours.
Education format: distance learning. Maximum flexible schedule.Currently, in order to continue the performance of such pedagogical work in educational institutions by engaged employees from other institutions, institutions, enterprises and organizations (in the amount of no more than 240 hours per year with hourly wages), and since such work was performed with the permission of the head of the enterprise, institution, organization under the main place of work, the Ministry of Education recommends adjusting the work schedules of such employees according to the main place of work, guided by the norms of Article 60 of the Labor Code (application of flexible work schedules), in order to with the need to develop a draft decision of the Cabinet of Ministers of Ukraine, which would regulate the specified issue, allowing certain types of teaching (pedagogical) activities in certain volumes and with hourly payment within the main working hours.
Education format: distance learning. Maximum flexible schedule.
Currently, in order to continue the performance of such pedagogical work in educational institutions by engaged employees from other institutions, institutions, enterprises and organizations (in the amount of no more than 240 hours per year with hourly wages), and since such work was performed with the permission of the head of the enterprise, institution, organization under the main place of work, the Ministry of Education recommends adjusting the work schedules of such employees according to the main place of work, guided by the norms of Article 60 of the Labor Code (application of flexible work schedules), in order to enable them to carry out teaching (pedagogical) activities according to the schedule approved in educational institutions.
