Open AccessLEAVE OF SCIENTIFIC AND PEDAGOGICAL EMPLOYEES AND THE PROCEDURE FOR PROVIDING THEM
Author(s) -
К. М. Крічфалушій-Степанова
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-106-4-1.31
Subject(s) - legislator , relevance (law) , legislation , democracy , quality (philosophy) , work (physics) , labour law , rest (music) , law and economics , law , political science , fundamental rights , labor relations , state (computer science) , human rights , sociology , computer science , engineering , medicine , mechanical engineering , philosophy , epistemology , algorithm , politics , cardiology
The relevance of the article is that Ukraine is a democratic state that establishes as a fundamental principle the rule of human and civil rights and freedoms. The Basic Law of our state regulates the limits of permissible behavior of all subjects of law, as well as establishes guarantees of observance and realization of their legitimate interests. The effectiveness of legal guarantees in labor law depends on the theoretical justification and justification of their choice and enshrined in labor law with further application in practice. The article substantiates the content and significance of leave of scientific and pedagogical workers and suggests ways to improve the procedure for their provision. The novelties of the draft Labor Code of Ukraine are considered: first - in contrast to the current legislation, fixed not one, two types of basic leave - the minimum and extended duration; secondly, the legislator singled out two new types of leave, in particular, additional leave for work on non-standard working hours; additional leave for work experience. It is established that the right to rest of scientific and pedagogical workers is directly related to the quality of educational services and the development of domestic science. Achieving positive results is impossible without realizing the labor, scientific, intellectual potential of scientific and pedagogical workers, and therefore their rest time, as a legal means of recovery, needs to be rethought and improved in accordance with the new requirements for education and science in Ukraine. The peculiarities of granting the main leave during the school year in case of necessity of sanatorium treatment of scientific and pedagogical workers are covered. However, if sanatorium-and-spa treatment of scientific and pedagogical workers is necessary, the annual basic leave or its part may be granted to these workers during the school year, if provided by the collective agreement, in order to comply with current legislation and ensure social protection of workers and creating a favorable psychological climate to continue working. The procedure for granting creative leave is outlined and ways to improve its legal regulation are proposed. The rationality of application of the norm on monetary compensation payment for unused part of the annual basic leave for scientific and pedagogical workers is proved, in the presence of confirmation of actual performance of work in the corresponding period, which coincides with the vacation period of the school year, which makes it impossible to exercise the right to annual basic leave in the period specified by applicable law and use its full duration of 56 days in the current year. Provisions to the draft Labor Code of Ukraine in terms of leave for research and teaching staff and the procedure for their provision are proposed.