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Protecting the rights of educational workers


2014.12.23  Акція протесту освітян

In recent times, educational workers have many questions to safeguard their rights and professional interests, particularly in the context of trade union protection. On protection of labor, social and economic rights of Education and Science of Ukraine in terms of changes in the socio-political life, crisis, economic decline and others. We are talking with the head of the trade union of employees NTUU"KPI" V.I.Molchanov.

- Vitaliy Ivanovych, how to describe the current situation in the educational sector and trade unions, including after-VIII Reporting elected Congress Trade Union of Education and Science of Ukraine, where you are a member of the Presidium of the Central Committee?

В.І.Молчанов- Despite the recognition of the leadership of the Central Committee during the reporting period satisfactory, the Congress sharply criticized on shaky position of branch unions were almost all representatives of regional organizations. As a result of open discussions, particularly with student issues were formed working bodies of the union, its leadership and the Secretariat for the next 5 years. Congress has discussed and approved the statement on inadmissibility narrowing labor, social and economic rights and interests of educators in the law of Ukraine "About Education", the Labour Code of Ukraine, the need to raise the minimum social standards of their financial support, recovery at the expense of social insurance fund spa treatment, work release site of the President of Ukraine to accommodate electronic petitions and decided to direct them to the President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, Ministry of Education and Science of Ukraine, Federation of Trade Unions of Ukraine.

It was decided to demand from the legislative and executive authorities to ensure the implementation of statutory basic state social guarantees as minimum wage, minimum pension age and salaries of the first tariff category Unified tariff in the amount not lower than the revised subsistence level . It delegates, recognizing the most promising social dialogue and constructive way to address socio-economic issues of trade union members, left the right to conduct collective action of protest under the laws of Ukraine.

- What are the risks in taking the new Law of Ukraine "About education"?

- As known, Parliament is considering a bill authorship Ukraine Cabinet of Ministers "About Education", reported on Nov. 19, 2015 for № 3491. Trade union "KPI" believes that the bill in terms of financing, guarantees, pay teachers and teaching staff, labor relations, implementation of contracts, certifications, contests, extended working hours, payment for training does not correspond to civilized rules of the educational sector, and the legal provisions of the bill are aimed at general deterioration and narrowing the rights and freedoms of teachers, compared to current law. Therefore, during the week of trade union bureau units collected 3.5 thousand signatures workers "KPI" against the law "About education", which together with almost 650 thousand signatures of teachers were sent to Ukraine to the Cabinet of Ministers of Ukraine.

November 25, 2015 an enlarged meeting of the Committee on Science and Education to discuss the draft Law of Ukraine "About Education", developed by the Government. After discussion and an indication of the position of trade unions, as well as information L.M.Hrynevych Chairman of that working group found flaws document that will not fully solve the tasks assigned to it to improve the legal mechanisms of realization of citizens' constitutional right to equal access to educational quality at all levels, ensuring decentralization of the education system, the Committee recommended that the VR of Ukraine the draft Law of Ukraine "About Education", submitted by the Cabinet of Ministers of Ukraine, to return to the subject of legislative initiative for revision.

- In early November, the Parliament was made in first reading by the Labour Code (LC) of Ukraine. Does it corresponds international norms?

-  The consolidated position of branch trade unions and Federation of Trade Unions of Ukraine (FPU) is the need for harmonization of labor law in Ukraine to Ukraine ratified the current provisions of the Conventions of the International Labour Organization, the European Social Charter, the International Covenant on Economic, Social and Cultural Rights and the EU legislation. To do this, the government and trade unions Recommend Parliament voted to send the bill for examination to the European Commission and other institutions for the proper evaluation of provisions which, according to unions, significantly worsen the legal and socio-economic situation of working people.

In particular, trade unions:

  • Totally against Article 30 of the draft rules of the LC, which provides monitoring of workers job duties using technical means, since such a rule creates conditions for unlawful interference with privacy, the possibility of uncontrolled publication of photos, videos and others. information officer;
  • Offer to extend worker rights in TK predict his right to refuse to perform work when not paid within the prescribed period wages when there is a direct threat to the life or health of the employee (in such cases worker has kept average wage for the whole period of forced failure to work);
  • It is proposed to include employer contributions to the duties of primary trade union funds for recreational, sports and cultural mass work;
  • Insist on maintaining the mandatory rules of the current Article 45 of the Labor Code on mandatory termination of employment contract with the head of the company in case of violation of labor laws, deviation from the conditions stipulated in the collective agreement or refusal to perform the collective agreement;
  • Support the retention of employer need prior approval from the elected body of the trade union organizations of their decisions, including the dismissal of an employee;
  • Propose to change the regulations for the establishment of the minimum wage, which should take into account not only the needs of the worker and his family, and the consumer price index;
  • It is considered that in the case of disciplinary action to the employer the worker has to document his guilt or violations of labor discipline and the employee, in turn, has the right to direct their own arguments and documentary evidence in his defense;
  • It is considered that the decision of the commission on labor disputes should be binding, not voluntary, as provided TC project.

- And finally, please, a few words about the preparations for the conclusion of the agreement between the Government, employers and trade unions.

- In October 2015 at the level of the social dialogue held consultations to seek compromise solutions and determine the position of each of the parties concerning the conclusion of the agreement for another term. The results of these consultations and surveys FPU affiliates consolidated position of general support necessary conclusion of the agreement for a new term. However, since the fundamental issues remain unresolved wages of public sector employees and the principles of forming minimum wage, joint trade union association has decided on the impossibility of the General Agreement.

Taking into account words above, 11 November 2015 sent an open letter signed by heads of national profassociations to the Prime Minister demanding A.P.Yatseniuk holding consultations with its participation Parties negotiating process to develop a mutually acceptable decisions on these differences in time to November 30, that is the nationwide meeting of heads of primary trade union organizations, are invited to participate in trade union and the representative of "KPI".

In the resolution nationwide meeting of heads of primary trade union organizations of large industrial and budgetary organizations in particular noted that the 1.5 year of government A.P.Yatseniuk economy has deteriorated sharply: in fact lost 2 million jobs, no job program, the program is not executed employment etc. The Prime Minister has initiated numerous anti-social decisions, ignoring the proposals of trade unions; not working Tripartite Social and Economic Council and others. It was also formulated demands to the Government, President and Parliament of Ukraine.  (The document available on the site of the trade union http://profkom.kpi.ua.)

Prepared by M.Bezuhlyy

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