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Forced sending of pedagogical workers on vacation at their own expense

Forced sending of pedagogical workers on vacation at their own expense

We invite readers to get acquainted with the views of the Education Ombudsman Sergei Gorbachev on the outlined problems.

These four days from the beginning of the quarantine were extremely stressful for the Education Ombudsman and the Education Ombudsman Service.

Despite the fact that since Thursday, at my order, the Service has been working remotely, the amount of work we perform has increased almost many times.

We received dozens of complaints about real and possible violations of the rights of participants in the educational process, which is directly related to quarantine, and responded to most of them.

There were dozens of conversations with the Ministry of Education and Science, heads of education authorities in the regions, school principals, teachers, school graduates …

As a result of this communication, tomorrow morning I am ready to submit to the Cabinet of Ministers and the Ministry of Education and Science my analysis of the problems and proposals for their solution.

Some of these proposals may seem very unexpected and provoke discussion. I am ready for this: an unusual situation requires non-standard solutions.

Because I am deeply convinced that every person in public office should not only pass down the decision "from above" but also have their own beliefs, ability and determination to offer solutions in difficult situations.

Immediately after the description of the problem, I propose a model for its solution.

Discrimination against employees of educational institutions regarding wages

Problem. In connection with the introduction of quarantine, some local authorities are taking measures that contain signs of discrimination against employees of educational institutions, which is manifested in ignoring the recommendations contained in the letter of the MES No. 1 / 9-161 from 13.03.2020 " On remuneration of employees of educational institutions during the suspension of training due to quarantine ", which leads to the establishment by local authorities of salaries for teachers in the amount of 2/3 of the salary rate. Such actions directly contradict the norm of Art. 113 of the Labor Code of Ukraine, which states that “during downtime, when there is a production situation that is dangerous to life or health of the employee or to the people around him, and the environment through no fault of his, he retains the average earnings ”. The current situation is clearly "dangerous to the life or health of the employee or to the people around him," so the average salary must be maintained. Especially since teachers do not "stand still", but work remotely.

Offer. Immediately, with the participation of the Ministry of Finance of Ukraine, the State Audit Office, and other authorized institutions to determine the principles and mechanisms of accounting for employees‘ working hours and payroll during quarantine, ensuring unconditional observance of the rights of teachers and research and teaching staff.

Record that during the quarantine for all employees of institutions and education authorities, the average salary is maintained, taking into account all surcharges and allowances.

Lack of payroll procedures for part-time employees and technical staff during long-term quarantine

Problem. There is no clear understanding of the procedures and mechanism for calculating salaries during quarantine for part-time employees and technical staff of educational institutions.

Offer. Provide unambiguous explanations to local authorities regarding the accrual of salaries for the period of quarantine to part-time employees and technical staff of educational institutions.

Forced sending of pedagogical workers on vacation at their own expense

Problem. Forcing teachers to write statements "on leave at their own expense" during quarantine.

Offer. I am aware of the controversy of what I am proposing now, but something needs to be done about it: it is impossible to do so.

As such coercion on the part of school leaders (more precisely, local authorities) is virtually impossible to document, and most educators refuse to file formal appeals, quite rightly fearing retaliation from local officials, asymmetric actions are needed that may look extraordinary.

For example – to temporarily limit the number of employees of an educational institution who can simultaneously take leave at their own expense. The number of such employees should be set in a certain proportion to the total number of employees of the educational institution, say – 1:20.

There are other options that may arise during the discussion of these proposals.

Violation of the right of employees of educational institutions to safe and harmless working conditions

Problem. Local authorities decide to significantly reduce or even disconnect from the heating supply of buildings of educational institutions, which leads to a sharp decrease in air temperature, sometimes – up to 7-8 degrees.

At the same time, employees of educational institutions are required to have a "daily presence at work", without the possibility of remote work, which exposes them to a triple risk:

a. increases the likelihood of infection on the way to work and home;

b. the risks of infection directly during communication in the educational institution increase;

c. low temperature in the premises of educational institutions provokes the occurrence of colds in employees and can be the cause of many other diseases.

Offer. Given that some local governments ignore the recommendations of the letter of the Ministry of Education and Science No. 1 / 9-161 dated 13.03.2020 on the establishment of a remote mode of operation for pedagogical and scientific-pedagogical workers and in order to prevent the spread of coronavirus in Ukraine to oblige pedagogical and scientific – pedagogical staff to work remotely, while providing clarification and assurances that the heads of educational institutions and employees who will work remotely will not suffer in any way as a result of possible inspections.

Conducting classes using remote technologies during quarantine

Problem. Regulations on distance learning, approved by the order of the Ministry of Education and Science of 25.04.2013 No. 466 are outdated and do not comply with the Laws of Ukraine "On Education", "On Complete General Secondary Education" and modern information and communication technologies.

Offer. Do not follow this Regulation, heads of educational authorities and heads of educational institutions to take the initiative and put into practice the principle of academic freedom: to give educational institutions and pedagogical, scientific and pedagogical staff the right to decide on the organization of distance learning , taking into account logistics educational institution: availability of computer equipment, gadgets, Internet for teachers and students at home.

It is also necessary to pay the most careful attention to the fact that the scope of tasks should not exceed the time of completion of the norms established for students of the relevant classes by the current State Sanitary Rules and Norms.

Discrimination against ZSSO graduates who are winners of the third (regional) stage of all-Ukrainian student Olympiads

Problem. ideas for narrative writing The decision of the Ministry of Education and Science to cancel most of the student subject competitions (except for those whose winners can participate in international competitions) is, in my opinion, necessary and justified.

However, this decision deprives graduates who have spent a lot of energy and time preparing for the Olympics, the chance to receive certain benefits, defined – paragraph 8, Section VII "Conditions of admission to higher education institutions of Ukraine in 2020":

"Winners (persons awarded diplomas of I-III degrees) IV stage of the All-Ukrainian Student Olympiads in the year of admission in basic subjects, winners of the III stage of the All-Ukrainian competition-defense of research papers of students – members of the Small Academy of Sciences of Ukraine in the year of admission, defined by the List of specialties to which special support is provided (Appendix 2), the last appendix is ​​set equal to 10, and if the entrant’s competitive score exceeds 200 , it is set equal to 200. Information about them is received by the admissions committee from EDEBO. "

That is, graduates lose the chance to get additional privileged points for winning competitions, for example, in a foreign language or history.

Offer. In order to comply with the principles of responsibility for government decisions and fair treatment of students, I offer all winners of the third (regional) stage, who due to the abolition of the fourth stage of student competitions are deprived of the opportunity to participate in them, to accrue additional 5 points. amending the "Conditions of admission to higher education institutions of Ukraine in 2020".

__________

Please express your thoughts, criticize, offer your options.

Because to protect the rights of participants in the educational process, the situation requires quick, decisive and, perhaps, very unusual actions.

Educational Ombudsman Sergei Gorbachev.

teachers‘ salariescoronavirus

03/16/2020

Joint recommendations of the Ministry of Education and the Central Committee of the Trade Union on actions in quarantine

Conditions and remuneration of educators in quarantine

Ministry Education and Science of Ukraine and the Central Committee of the Trade Union of Education and Science of Ukraine provided joint recommendations heads of education and science, institutions and educational institutions on the conditions and remuneration of employees of educational and scientific institutions in quarantine.

The Ministry of Education and Science of Ukraine and the Central Committee of the Trade Union of Education and Science of Ukraine draw the attention of heads of educational and scientific bodies, educational institutions, subordinate enterprises and organizations to the need to comply with the Law of Ukraine "On Protection of Infectious Diseases". preventive, anti-epidemic and other measures, the establishment of temporary restrictions on the rights of individuals and legal entities, the imposition of additional responsibilities used to prevent the spread of particularly dangerous infectious diseases in quarantine.

Due to the situation related to the announcement of quarantine from March 12 to April 3, 2020, the terms of which may change depending on the epidemiological situation in Ukraine, timely taking and carrying out preventive and anti-epidemic measures in accordance with this law and the Cabinet of Ministers of Ukraine of March 11, 2020