The Central Committee of the Trade Union of Education and Science Workers of Ukraine provided explanations on the lawfulness of reappointment of heads of educational institutions in amalgamated hromadas.
The relations that arise in the process of voluntary amalgamation of hromadas of villages, rural settlements and towns, are regulated by the Law of Ukraine “On Voluntary Amalgamation of Hromadas” dated 05.02.2015 No 157-VIII.
The law stipulates that AH is the successor of all property, rights and responsibilities of hromadas, that have amalgamated, since the day the powers were acquired by a village, rural settlement, town council elected by such amalgamated hromada.
In case of renaming educational institutions of AHs and leaving their personnel lists unchanged, only the record about renaming of the educational institution is added to column 3 of the educators’ employment record books.
In case of change of the enterprise owner, as well as in case of its reorganisation (merger, accession, division, allocation, transformation), the employee’s employment contract is prolonged.
In the case of establishment of an education management body within the AH and transfer of educational institutions to the sphere of its management, the provision of point 5 of Article 36 of the Labour Code, that envisages the possibility of termination of an employment contract, does not apply to the settlement of labour relations between the heads and employees of these educational institutions.
In addition, it should be borne in mind that provisions of Articles 21 and 40 of the Law “On Trade Unions, Their Rights and Guarantees of Activity” grant the right to authorised representatives of trade union organisations to exercise public control over the observance of labour legislation, file submission on the elimination of violations of labour legislation, that are obligatory for consideration, to employers, executive authorities and local self-government bodies.
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