Educational ombudswoman Nadiia Leshchyk reported numerous appeals regarding violations of labor rights of pedagogical workers, whom local authorities and heads of educational institutions involve in work in shelters and 'points of invincibility,' and also force to go on vacation or agree to downtime. She announced this on Facebook, writes UNN.
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According to Leshchyk, there are cases when managers refuse to declare remote work and force educators to stay in educational institutions at low temperatures in the premises. At the same time, the authorities of these cities publicly call on people to leave, introduce flexible schedules, and, if possible, transfer employees to a remote form of work.
I want to note that the main place of work for a teacher is an educational institution. Teachers have their working hours, which include both pedagogical load and other methodological or organizational activities. During holidays, the duration of working hours remains the same as during the educational process. Replacing work at the main place of employment with duty or adding work in a shelter or 'point of invincibility' is unlawful
Leshchyk explained that the state has provided clear legal mechanisms for involving employees in other work during martial law. In particular, Article 3 of the Law of Ukraine "On the Organization of Labor Relations under Martial Law" allows the transfer of an employee to work not provided for by the employment contract, without their consent, only to eliminate the consequences of hostilities or to prevent threats to people's lives and health, while wages must not be lower than the average salary for the previous job.
The employee is notified of a change in essential working conditions and payment conditions before such conditions are introduced, meaning there is currently no requirement to give two months' notice.
At the same time, Leshchyk notes that numerous complaints from educators about violations of their rights are being received. According to them, school principals and education authorities direct employees:
- to organize work at night in 'points of invincibility';
- to be on duty according to the point's work schedule;
- to go on duty without being in the educational institution for a full working day;
- to use part of their vacation or establish downtime during the January holidays.