Is it correct for a teacher to cut class and hire a new employee to the school?
Question
Is it true that, despite the lack of additional workplaces at the school, a new employee will be hired at the expense of the teacher's lesson hours?
Reply
The teacher's tariff rate is a quantity determined based on the basic tariff rate established for one rate based on the class hours assigned to the teacher.
According to Article 186 of the Labor Code, by agreement of the parties to the employment contract, an employee may be appointed part-time at the time of employment and subsequently.
That is, due to insufficient learning in the school, teachers can be assigned 0.25, 0.50 or 0.75 work rates. However, these rates cannot be reduced without the employee's consent.
Despite the lack of a vacancy in the school, reducing the teacher's wage rate by hiring a new employee is considered a change in working conditions.
According to Article 135 of the Labor Code, labor conditions cannot be changed at the request of one of the parties to the employment contract.
This situation is considered a violation of labor and labor protection legislation.
This entails imposing a fine on the employer in the amount of 5 to 10 times the base calculation amount according to the norm provided for in Article 49 of the Code of Administrative Responsibility.
Note: Based on the sequence of indicators in paragraph 15 of the Regulation "On the procedure for compiling classes and forming tariff lists in general education institutions," teachers with preferences may also be assigned maximum number of class hours.
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