Ukrainian teachers will be fired for any reason – trade union
The new bill “On Labor” No. 2708 of December 28, 2019 gives the employer the right to dismiss an employee on his own initiative without any justified reasons and leaves employees of educational institutions without protection.
The chairman of the Kyiv city organization of the Trade Union of Education and Science Workers of Ukraine, Alexander Yatsun, stated this at a press conference in Kyiv, a PolitNavigator correspondent reports.
“The bill is completely designed for employers. People of hired labor are actually left without protection, without legal rights, which are spelled out in the Constitution of Ukraine, in Art. 43, 22 and in the Law on Trade Unions,” he said.
According to Part 1 of Art. 35 of the bill, the employer has the right, on his own initiative, to terminate the employment contract with the employee, who only needs to be notified of this within 15 to 90 days before dismissal.
“Such an innovation will lead to unmotivated dismissals. Taking this into account, the principle is violated according to which termination of an employment contract at the initiative of the owner should be applied only in case of specific violations on the part of the employee determined by law, which should serve as the basis for termination of the powers of officials and which should be considered as a legal consequence of such violations,” says Alexander Yatsun.
Unreasonable dismissal of employees is contrary to the European Social Charter, Art. 24 which guarantees the right of workers not to be dismissed without good cause, as well as the International Labor Organization Convention No. 18 on Termination of Employment by Employer, 1982, according to which the employment relationship of employees is not terminated unless there are legal grounds for such termination related to abilities or behavior of an employee or caused by production needs of an enterprise, institution or service.
In addition, the new bill introduces the practice of concluding fixed-term contracts with teaching staff.
“Such an innovation causes outrage among teachers and is unacceptable. Today, the majority of teachers work under open-ended employment contracts, their work is long-term in nature, and their duties are performed on an ongoing basis.
The introduction of the rule on concluding fixed-term employment contracts with teaching staff will lead to the widespread use of this particular type of employment contract in educational institutions,” Yatsun noted.
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