Features of labor relations legal regulation of the preschool education institutions employees

Keywords: labor relations, preschool education, employee, legal regulation, dismissal.


The scientific research is devoted to the problems of legal regulation of labor relations of preschool education employees. The legislative and by-laws that regulate the labor relations of kindergarten workers are analysed. The works of individual scientists in the field of law, who investigated the problems of legal regulation of preschool education are studied.
The methodological basis of the study was general scientific and special legal cognitive methods. To study the problem, we used the systemic, theoretical-legal, formal-dogmatic, comparative legal methods of cognition, as well as the state-legal modeling method.
The status of teaching staff in a preschool education institution is held by the director, his or her deputy, educators, and the teacher's assistant. In addition, assistants to the educator and nanny, who do not have the status of a pedagogical worker, can work in the kindergarten. At the same time, the legislation does not fix the criteria for distinguishing the functions of an assistant and an assistant educator. The law does not allow distinguishing between a caregiver and a nanny.
The following features of the legal regulation of the labor activity of workers in preschool education can be named. The legislation establishes the requirements for persons who wish to work at preschool education institutions. A reduced working time has been established, and an increased duration of the annual basic leave is provided. Legislative and by-laws establish the specifics of remuneration in the field of preschool education. An additional ground is provided for the dismissal of teachers in preschool education - committing an immoral offense.
It was proposed to make a list of amendments to the Law of Ukraine On Preschool Education. The rules of law that enshrine the duration of reduced working hours or the leave duration in the field of preschool education should be enshrined in law, and not by-laws.
The Law of Ukraine On Preschool Education should provide that teaching staff perform educational and organizational work, and assistants to educators (nannies) - auxiliary. It is proposed to combine the positions of assistants to educators and nannies into one category, to use the term assistant educator (nanny).
It is necessary to develop a detailed list of a teacher's actions that may be considered immoral. Such misconduct can only be committed while performing work duties.


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Author Biographies

S. V. Vasyliev, Municipal establishment «Kharkiv Humanitarian-Pedagogical Academy»

Candidate (Ph.D.) of Law, Associate Professor.

M. V. Bratko, Borys Grinchenko Kyiv University

Doctor of Law, Associate Professor.


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How to Cite
Vasyliev, S. V. and Bratko, M. V. (2022) “Features of labor relations legal regulation of the preschool education institutions employees”, Law and Safety, 84(1), pp. 94-103. doi: 10.32631/pb.2022.1.10.