Retired teachers cannot be deprived of the right to an open-ended employment contract – ombudsman
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A teacher who works at a school on the basis of an open-ended employment contract cannot be deprived of this right only due to the fact that he has reached retirement age and received a pension. This is stated in the explanation regarding the conclusion of labor contracts with retired teachers in schools, published on the website of the educational ombudsman. There are no differences between the employment of a teacher who has completed his studies at an institution of pre-higher or higher education, a teacher with a certain length of work, or a teacher of retirement age. Accordingly, there are no differences in concluding employment contracts with such employees. Photo: Educational Ombudsman of Ukraine As a reminder, in February, the requirement that retired teachers of state and communal institutions of general secondary education should work on the basis of employment contracts concluded for a period of one to three years became invalid. Heads of educational institutions and education management bodies began to ask for clarification regarding the conclusion of labor relations with teachers of retirement age who worked on the basis of labor contracts. The Education Ombudsman Service explains that this refers to fixed-term contracts concluded with retired teachers for the period from 03/18/2020 (from the date of entry into force of the Law) to 02/07/2023 (from the date of recognition of the relevant provision as invalid). The relevant fixed-term employment contracts must be brought into line with the current labor legislation. The employee can write an application for transfer to work under the terms of an open-ended employment contract, or the employer can do it with the help of a decision of the Constitutional Court of Ukraine. Photo: AndrewLozovyi/Depositphotos When fixed-term contracts are concluded with teachers In accordance with Article 23 of the Labor Code of Ukraine, a fixed-term employment contract is concluded only in the following cases: when the work is not performed permanently and labor relations cannot be established indefinitely; there are appropriate conditions for the performance of the work (that is, the work is of a permanent nature, but due to certain conditions it is necessary to conclude a fixed-term contract); the employee himself initiates the conclusion of a fixed-term contract, etc. In addition, the management of educational institutions should inform teachers who work under a fixed-term employment contract about vacancies that provide for the possibility of concluding an indefinite employment contract. If, after the end of the term of the contract, the employment relationship continues and none of the parties demands its termination, then the validity of this contract is considered to be extended for an indefinite period, i.e. indefinite. It will be recalled that the educational ombudsman offered an alternative to the destroyed schools. Read also: Is it necessary to reduce the number of subjects in school: the opinion of the educational ombudsman
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