The Ministry of Education and Science of Ukraine and the Central Committee of the Trade Union of Education and Science Workers of Ukraine draw the attention of the heads of education and science bodies, institutions and educational institutions, subordinate enterprises and organizations to the need to comply with the requirements of the Law of Ukraine "On the Protection of the Population from Infectious Diseases", in particular in the part of administrative, preventive, anti-epidemic and other measures, establishment of temporary restrictions on the rights of individuals and legal entities, imposition of additional duties applied to prevent the spread of particularly dangerous infectious diseases, under quarantine conditions.
In connection with the situation related to the announcement of quarantine from March 12 to April 2020, the terms of which may change depending on the epidemiological situation in Ukraine, the timely implementation and implementation of preventive and anti-epidemic measures in accordance with the specified law and the resolution of the Cabinet of Ministers of Ukraine dated March 11, 2020 No. 211 "On preventing the spread of the SARS-19 coronavirus on the territory of Ukraine", the Ministry of Education and Science of Ukraine and the Central Committee of the Trade Union of Education and Science Workers of Ukraine recommend:
- ensure the partial transfer of employees of institutions and educational and scientific institutions, as well as other subordinate organizations to work in a flexible and/or remote mode, postpone the holding of meetings, meetings and other collective events until the situation stabilizes, if necessary, ensure that they are held online;
- to ensure, in the presence of appropriate conditions, that training classes are held using remote technologies;
- prevent forced sending of employees on vacation, in particular without salary, for the period of suspension of education;
- to keep the average salary for employees for the period of quarantine, the amount of which is determined in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated February 8, 1995 No. 100 "On approval of the Procedure for calculating the average salary";
- prevent eviction of students from dormitories, etc.;
- to ensure the application of the provisions of the Sectoral Agreement between the Ministry of Education and Science of Ukraine and the Central Committee of the Trade Union of Education and Science Workers of Ukraine for 2016-2020 regarding the performance of organizational, methodical, scientific work outside the institution;
- to consider employees who actually do not go to work during quarantine as those who do not go to work due to downtime; according to Article 34 of the Code of Labor Laws of Ukraine, simple is a suspension of work caused by unavoidable force or other circumstances;
- to keep for employees the average earnings during idle time, when an industrial situation has arisen that is dangerous for the life or health of the employee or for the people surrounding him and the natural environment through no fault of his, in accordance with Article 113 of the Code of Labor Laws of Ukraine.
According to Clause 5.2.1 of the Industry Agreement, periods during which the educational process (educational activity) is not carried out in educational institutions due to sanitary-epidemiological or other circumstances independent of the employees are working hours of pedagogical, scientific-pedagogical and other employees.
In accordance with clause 77 of the Instruction on the procedure for calculating the salary of education workers, approved by the order of the Ministry of Education of Ukraine dated 15.04.1993 No. 102, in the case when classes are not held on certain days for reasons beyond the teacher's control, payment for his work is carried out based on the calculation the salary established at the time of tariffing, provided that the teacher (lecturer) performs other organizational and pedagogical work.
According to Article 9 of the Law of Ukraine "On Collective Agreements and Agreements" and Clause 1.4 of the Sectoral Agreement, the provisions of the agreement are directly applicable and are mandatory for inclusion in collective agreements.
