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

S. V. Vasyliev; M. V. Bratko

doi:10.32631/pb.2022.1.10

S. V. Vasyliev Municipal establishment «Kharkiv Humanitarian-Pedagogical Academy» https://orcid.org/0000-0002-1470-4426
M. V. Bratko Borys Grinchenko Kyiv University https://orcid.org/0000-0001-7162-2841

DOI: https://doi.org/10.32631/pb.2022.1.10

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

Abstract

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.

References

Cherednychenko, K. Yu. (2017). Legal regulation of working time of pedagogical workers in Ukraine: problem aspects. Young Scientist, 11(51), 1018-1021.

Chernous, S. M. (2017). Problems of legal regulation of additional free from work days in the Labor Code of Ukraine. Social Law, 1, 126-133.

Inshyn, M. I., Vavzhenchuk, S. Ya., & Moskalenko, K. V. (2021). Protection of labour rights by trade unions in separate post-soviet countries. Journal of the National Academy of Legal Sciences of Ukraine, 2(27), 222-233. https://doi.org/10.37635/jnalsu.28(2).2021.222-233.

Khomyshyn, I. Yu. (2018). Regulatory regulation of preschool education in Ukraine. Actual Problems of Native Jurisprudence, 1, 178-181.

Kucher, S. A. (2021). Legal restrictions on the free expression of views and beliefs that violate public morality. Bulletin of Luhansk State University of Internal Affairs named after E. Didorenko, 2(93), 41-49. https://doi.org/10.33766/2524-0323.94.40-49.

Malyshevska, Z. Ya. (2016). Classification of working hours. Entrepreneurship, Economy and Law, 2, 82-86.

Popova-Koriak, K. O. (2017). Features of realization of the right to work of scientific and pedagogical workers: modernity and prospects of legal regulation through the prism of international human rights standards. Entrepreneurship, Economy and Law, 11, 79-84.

Prolux, K., & Aboud, F. (2019). Disaster risk reduction in early childhood education: Effects on preschool quality and child outcomes. International Journal of Educational Development, 66. https://doi.org/10.1016/j.ijedudev.2019.01.007.

Pylypchuk, N. P. (2019). Problems of realization of the constitutional right of a person and a citizen to rest in Ukraine and proposals for their solution. Scientific Bulletin of Public and Private Law, 4(1), 90-96. https://doi.org/10.32844/2618-1258.2019.4-1.14.

Rozhkova, M. G. (2017). About the question of determining the essence of administrative and legal principles of preschool education in Ukraine. Subcarpathian Law Herald, 1(4), 196-200.

Savelieva, M. O. (2018). Labor law significance of the target nature of some vacations. Actual Problems of Native Jurisprudence, 2(2), 38-42.

Sevastianenko, K. O. (2018). Remuneration: social, economic and legal aspects. Law and Society, 5, 110-114.

Taran, L. V. (2018). Features of economic activity of private preschool institutions. The South Ukrainian Law Journal, 3, 85-89.

Yaroshenko, O. M., Lutsenko, O. Ye., & Vapnyarchuk, N. M. (2021). Salary optimization in Ukraine in the context of the economy Europeanization. Journal of the National Academy of Legal Sciences of Ukraine, 3(28), 224-237. https://doi.org/10.37635/jnalsu.28(3).2021.224-237.

Yuzko, T. M. (2015). Working time and time to resl as an inalienable category of the right of a person to live. Legal Scientific and Electronic Journal, 6, 102-104. http://lsej.org.ua/6_2015/29.pdf.