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Is it right for the inspectors to recover the money paid for overtime from the teacher?
14:20 / 26.06.2024
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Question
Currently, an "audit" is being conducted in our district. Alleged wrongful payment of bonus under Decision 823. The reason is that at the end of the academic year, the overtime must be stopped. Now he has allocated 20-30 million to all schools. It is said that it was incorrectly paid for the months of June and August.
Please help to clarify this issue, that is, whether the overtime is paid to the teacher from September to August or from September to May.
Answer
According to the regulation approved by the decision of the Cabinet of Ministers No. 823 of September 30, 2019, the basic tariff rates of the teaching staff of general education institutions will be monthly increments from the Fund for the new academic year at the end of the previous academic year determined by.
So, what exactly is meant by the academic year?
According to Chapter 4, Clause 24 of the Regulation "On General Secondary Education" approved by the Cabinet of Ministers Resolution No. 140 dated March 15, 2017, the 2nd academic year in general education institutions lasts from September to May 25 of the next year and is divided into four quarters.
That is, the academic year means the period from September 2 to May 25 of the next year.
Should teachers not be paid bonuses in June-August?
It is true that the statute approved by Resolution No. 823 of September 30, 2019 provides for the determination of bonuses for the academic year. However, there is no clear rule on suspending these increases for a certain period of time.
Also, in the Regulation "On Remuneration of Public Education Employees" approved by the Cabinet of Ministers Decision No. 275 of December 21, 2005, teachers are given a new salary after returning from the annual summer vacation. Until the beginning of the academic year, it is decided that additional fees will not be paid only for checking notebooks and written works and for the head of the computer science office.
That is, this regulation does not provide for the suspension of bonuses assigned to pedagogues at the expense of the director's fund for a certain period of time.
The editors of Xalqtaliminfo.uz will send a letter of inquiry to the Ministry of Preschool and School Education in order to clarify this issue, and upon receiving an appropriate response, will provide additional details on this topic.
If the demand of the "Audit" inspectors turns out to be correct, will the money paid for the previous years be recovered from the pedagogues?
No, it is against the law to demand a refund in such cases.
Because, according to Article 269 of the Labor Code, overpaid wages to an employee (including when labor legislation or other legal documents on labor are incorrectly applied) cannot be recovered from him.
That is, even if it is confirmed that it is a wrong practice to pay extras to pedagogic employees in June-August, the extra extras paid to teachers cannot be returned.
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