Soatbay teacher is not given holiday pay?

11:50 / 04.06.2024 7.68k

Question

Student (full-time) 4th year joined the school on September 4, 2023. Currently, the employer said that you will not be paid for your vacation, that you are unemployed, but the student will not work anywhere else. The one who asked the justice said that the justice will not give it either. Where else should the employee apply in the document that he considered to be the main one for employment?

Answer

Some employers believe that students should be hired only on the basis of placement. This is absolutely wrong. According to Article 432 of the Civil Code, temporary work is the performance of regular paid work by an employee in his free time from his main job, in addition to his main job, under the terms of a separate employment contract.

Also, according to the appendix to the decision of the Ministry of Labor and Social Affairs of Ukraine No. 297 dated October 18, 2012, temporary work is the performance of another paid work by an employee on the basis of an employment contract in his free time from his main job. The student's educational process is not considered work.

Therefore, the organization where the student works on the basis of an employment contract and where the employment record is kept is his main place of work. In the case of the question, the student was probably hired on an hourly basis, not on a temporary basis.

According to Clause 8 of the Regulation of the Cabinet of Ministers dated December 21, 2005 No. 275, Appendix 3 "On Remuneration for the Work of Public Education Employees", full-time, evening, part-time students of the higher education institution persons studying in the pedagogic directions of the forms of education can be hired as the main workplace in general education institutions to carry out pedagogic work without interfering with their studies from the 3rd year, and they are given secondary special, professional education the basic tariff rate is determined as the basic tariff rate of the employee in the corresponding position.

According to clause 12 of the regulation:

hourly payment for the labor of pedagogic employees in the period of no more than two consecutive months in the case of compensation for hours worked in the order of replacement of employees who are absent due to illness or other reasons;
in paying for the pedagogical work of teachers and other specialists recruited from other institutions, including teachers and specialists recruited from other schools on the basis of placement;
it is used to pay for the training hours spent by the heads of general education institutions in the order of substitution.

Appendix to the decision No. 3-2019, 19-qq and 15-2019-qq of April 10, 2019 of the Ministry of Higher and Secondary Special Education, Ministry of Public Education, Ministry of Employment and Labor Relations of the Republic of Uzbekistan " According to the amount of hourly wage payment for training, the amount of hourly wage payment is included in the amount of work leave.

So, if we conclude from the above, a teacher who works hourly is not given holiday pay, the amount of hourly pay includes vacation pay. That is, the student who was hired on an hourly basis only fulfilled the educational workload, in simple words, only passed the class, but did not fulfill the pedagogical workload.

For example, for a teacher working at the rate of 1, the weekly study load in primary I-IV classes is 18 hours and the pedagogical load is 18 hours, and the weekly study load in upper V-XI classes is 20 hours and the pedagogical load is 16 hours. (registered by the Ministry of Justice on June 30, 2020, list number 3271)

Attention: If a student is hired not on an hourly basis, but on the basis of the above Regulation, with educational and pedagogical burdens, say 0.5 rate, then vacation pay is given.