The trade union of education and science workers provided clarifications regarding the improvement of teachers' qualifications, in particular remotely, during the annual vacation.
According to the Law of Ukraine "On Vacations", vacations are granted to employees to restore working capacity, strengthen health, as well as to raise children, satisfy their own vital needs and interests, and comprehensive personal development.
According to Article 2 of the Law "On Vacations", citizens of Ukraine who are in labor relations with enterprises, institutions, and organizations, regardless of the forms of ownership, type of activity, and industry affiliation, have the right to vacations.
The right to vacations is ensured by the guaranteed granting of a vacation of a certain duration with retention of the place of work (position), wages (benefits) in the cases provided for by this Law.
According to the fourth part of Article 11 of the law, in case of postponement of annual leave, the new term of its provision is established by agreement between the employee and the owner or the body authorized by him. If the reasons that led to the postponement of the vacation to another period occurred during its use, then the unused part of the annual vacation is granted after the expiration of the reasons that interrupted it, or by agreement of the parties, it is transferred to another period in compliance with the requirements of Article 12 of this Law.
Article 12 of the law stipulates that the annual leave can be divided into parts of any duration at the request of the employee, provided that the main continuous part of it will be at least 14 calendar days.
The unused part of the annual leave must be given to the employee, as a rule, before the end of the working year, but no later than 12 months after the end of the working year for which the leave is granted.
Withdrawal from annual leave is permitted with the consent of the employee only to avert a natural disaster, industrial accident or immediate elimination of their consequences, to avert accidents, downtime, death or damage to the company's property in compliance with the requirements of part one of this article and in other cases provided for by law.
In the case of recalling an employee from vacation, his work is paid taking into account the amount that was accrued for the payment of the unused part of the vacation.
Clause 4 of the Procedure for granting annual basic leave, approved by Resolution No. 346 of the Cabinet of Ministers of Ukraine, also provides that the transfer of annual basic leave, its division into parts and withdrawal from leave shall be carried out in accordance with the conditions provided for in Articles 11 and 12 of the Law of Ukraine "On Leave".
It is also established that, as a rule, the unused part of the annual basic leave, subject to its division, should be granted to teaching staff during the summer vacation period, and in certain cases stipulated by the collective agreement, during another vacation period.
Therefore, upgrading the qualifications of a pedagogical worker within the annual plan of an educational institution, in particular remotely, during his annual main vacation is unacceptable.
