Can a female teacher with children under three years of age work without obtaining a professional certificate?

Question

If the trainee teacher who entered the work in the 2023/2024 academic year has a child under 3 years of age and has passed the examination for a professional certificate, but has not passed it, can he continue working without obtaining a professional certificate until his child reaches the age of 3?

Reply

According to the Resolution of the Cabinet of Ministers dated February 2, 2024 No. 87, from the 2023/2024 academic year, it is planned to involve in professional certification tests trainees-teachers who are employed for the first time in the pedagogical profession in general secondary educational organizations, and from the 2024/2025 academic year, gradually, pedagogical personnel of general secondary educational organizations who do not have the relevant category.

However, according to paragraph 10 of the regulation approved by this decision of the Cabinet of Ministers, the following are exempted from professional certification for a certain period:

• pregnant women, women in maternity leave, during the period of their leave and for one year after leaving work;

• women with children under the age of three who are engaged in pedagogical activities (until their child reaches the age of three);

• pedagogical personnel undergoing long-term (more than three months) treatment, during the period of their treatment and for six months after their employment;

• pedagogical personnel sent to study, retraining and advanced training courses in the republic and foreign countries for a period of three and more months, within six months after their employment.

So, in the above situation, despite the fact that the employee has a child under the age of three, the employer was involved in professional certification. This contradicts the Resolution of the Cabinet of Ministers No. 87.

Therefore, a female teacher who has not passed professional certification and has children under the age of three can continue her work in an educational institution until her child reaches the age of three.

Because, according to Article 409 of the Labor Code, it is prohibited to terminate the employment contract at the initiative of the employer with employees who have children under three years of age.