Specialists of the Department of Social and Economic Protection of the Central Committee of the Trade Union of Education and Science Workers of Ukraine answer the following questions:
"The teacher has a higher qualification category. Based on this qualification category, he is paid for teaching chemistry and physics. Since September 2017, this teacher has been teaching jurisprudence (he did not take advanced training courses for this subject). Should the existing higher qualification category be taken into account when paying for hours of teaching law?"
In accordance with clause 3.25 of the Standard Regulation on the Certification of Pedagogical Workers, approved by the Order of the Ministry of Education and Science of Ukraine dated 6.10.2010 No. 930 "On Approval of the Standard Regulation on the Certification of Pedagogical Workers", as amended by the order of the Ministry of Education and Science, Youth and of Sports of Ukraine dated 12/20/2011 No. 1473 "On Approval of Amendments to the Standard Regulation on Certification of Pedagogical Workers", teachers who have a pedagogical load of several subjects are certified in the subject they teach as a specialty. In this case, the assigned qualification category applies to the entire teaching load.
A necessary condition for this is the improvement of qualifications in the subjects of the invariant component of the content of general secondary education.
According to clause 5 of the order of the Ministry of Education and Science, Youth and Sports of Ukraine dated 12.20.2011 No. 1473, it shall enter into force from the day of its official publication. The order entered into force on January 23, 2012.
The Ministry of Education and Science of Ukraine in the letter dated January 26, 2011 No. 1/9-44 emphasized that education management bodies, together with institutes of postgraduate pedagogical education, should plan professional development courses for teachers who teach two or more subjects, using face-to-face, distance learning , variable and other forms of education, which would be organically coordinated with the procedure of attestation of pedagogical workers.
According to Clause 6.1 of the Standard Regulation on attestation of salary calculation in accordance with the assigned qualification category based on the results of the attestation, it is carried out from the day of the adoption of the decision by the attestation commission.
Therefore, the qualification category assigned by the attestation commission applies to the entire teaching load for teachers who have advanced their qualifications in subjects of the invariant component of the content of general secondary education.
As for the subjects of the variable component, the Standard Regulation on certification does not provide for the requirement that the teachers who teach these subjects undergo advanced training. In this case, the qualification category applies to the pedagogical load of the variable component, regardless of qualification improvement.
In accordance with Clause 6.1 of the Regulation, the calculation of wages in accordance with the assigned qualification category based on the results of the attestation is carried out from the day of the decision of the attestation commission.
Clause 5 of the Instruction on the procedure for calculating the wages of education workers, approved by the order of the Ministry of Education of Ukraine dated 15.04.1993 No. 102, provides for cases when it is allowed to change the rates of wages and salaries of pedagogical workers during the year. In particular, when obtaining an education, the change is made from the date of submission of the relevant document.
Therefore, for teachers who have advanced their qualifications in other subjects and have submitted a relevant document on postgraduate education to the head of the educational institution and to the accounting service, the amount of the salary rate changes from the day of its submission.
According to Clause 4 of Instruction No. 102 and Clause 2 of the Order of the Ministry of Education and Science of Ukraine dated 26.09.2005 No. 557 "On streamlining the terms of remuneration and approving schemes of tariff levels for employees of educational institutions, educational institutions and scientific institutions" salaries and wage rates employee salaries are set by managers.
According to clause 6.10, the provisions on the issue of certification of teaching staff, which are not regulated by this Standard Regulation, are decided by level III certification commissions in accordance with the current legislation of Ukraine. Therefore, the possibility of solving the issue of establishing a teacher who, in addition to the main subject, reads other subjects outside of his specialty, and who passed advanced training courses after regular attestation of the corresponding qualification category by the III level attestation commission, is not excluded.
