Should teachers be on duty in school shelters? The educational ombudsman explains
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Education ombudsman Serhiy Gorbachev began to receive appeals regarding the legality of involving educators on duty in shelters, in particular at night. In this regard, he explained when and under what conditions teachers can engage in such activities. “I would like to point out that during the martial law regime, certain rights of citizens may be limited in accordance with the Constitution and current legislation,” Serhii Gorbachev asserts. However, he adds that it is important that the involvement of teachers in rotations takes place strictly within the legal space and in compliance with the current legislation. Photo: Spaces/Depositphotos The ombudsman notes that the founders of educational institutions are obliged to ensure the readiness of shelters for their intended use. For the maintenance and operation of storage facilities, it is necessary to create so-called civil defense units and appoint responsible persons. According to the Cabinet of Ministers Resolution No. 787, it is not possible to form civil defense formations in educational institutions, “because they do not have the necessary conditions and equipment.” At the same time, Gorbachev adds that such formations are formed in all regions of Ukraine on the territory of urban, village and rural territorial communities. Employees can be included in their composition on a voluntary basis with their consent. There is a certain list of persons who can be involved in civil protection: men from 18 to 60 years old; women aged 18 to 55 years. They must be able to perform work in emergency situations due to their health. It is not possible to attract: pregnant women; women with children up to 8 years of age; people with disabilities of groups I and II; persons who are members of professional emergency and rescue services. As the ombudsman explains, during martial law, an employer can transfer an employee to another job, not stipulated by the employment contract, without his consent. In addition to transfer to work in another area, on the territory of which active hostilities are ongoing. “Teachers cannot be forced to be on duty in a shelter. They can be transferred, in fact, to such a job. The salary should not be lower than the average, than it was in the previous position,” the ombudsman notes. According to the legislation, overtime work is prohibited in Ukraine (Articles 52, 53 and 61 of the Labor Code). The employer can involve employees in overtime work only in exceptional situations: if it is necessary to carry out work necessary for the defense of the country (in the event of a natural disaster, a certain industrial accident, etc.); when carrying out works on water supply, gas supply, heating, lighting, sewage, transport, communication (in case of unexpected circumstances); if necessary, finish the work started due to unforeseen circumstances; if it is necessary to unload the transport at its departure and destination points. Overtime work can be carried out only with the permission of the trade union representative of the enterprise (Article 64 of the Labor Code). It is forbidden in Ukraine to demand the performance of work that is not stipulated by the employment contract (Article 31 of the Labor Code). Therefore, if the employer wants to expand the scope of the employee’s duties, he must either obtain his consent or use the procedure established by the law (Part 3 of Article 32 of the Labor Code). It is about a change in essential working conditions in case of changes in the organization of production and work. The employer is obliged to notify the employee about them no later than two months in advance. It is forbidden to engage in night work: pregnant women and women with children under the age of three (Article 176 of the Labor Code); persons under 18 years of age (Article 192 of the Criminal Code); other categories of employees provided for by law. It is forbidden to engage in extracurricular activities (Article 62 of the Labor Code): pregnant women and women with children under the age of three (Article 176 of the Labor Code); persons under 18 years of age (Article 192 of the Criminal Code); employees studying in secondary schools and vocational schools. It is forbidden to tear them away from production on training days (Article 220 of the Labor Code). Women with children from three to fourteen years of age or a child with a disability may engage in overtime work only with voluntary consent (Article 177 of the Labor Code). As well as persons with disabilities, if it does not contradict medical recommendations (Article 172 of the Code of Criminal Procedure). We would like to remind you that in order to conduct face-to-face training in Ukrainian schools, shelters must be located in the basement or on the first floor of the educational institution. Read also: Basements “for their own” and closed bomb shelters. Kyiv residents complain en masse about the quality of shelters
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