USING OF LABOR HOURS BY ACADEMIC STAFF OF HIGHER EDUCATIONAL ESTABLISHMANTS AND ITS NORMING IN THE CONTEXT OF LAW OF UKRAINE «ON HIGHER EDUCATION»
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The introduction of the European credit transfer-accumulative system in higher education in Ukraine involves the increase of independent work of students and decrease of teaching load of academic staff. The specificity of scientific and pedagogical (academic) work is the need to perform different by its content and direction types of work carried out through the significant intellectual and mental stress, with using the creative energy. All this leads to the problem of effective using of labor hours and the actual accounting of all types of work, without the violation of the labor legislation. Labor hours of such category of employees have its own characteristics that caused by its duration, distribution and using. Target of research. The aim of the article is to analyze the new provisions of the Law of Ukraine «On Higher Education» and the development of proposals aimed at the improving of the educational legislation. Analysis of recent research and publications. The theoretical basis of the conclusions of the research is the works of such scholars as L. J. Ginzburg, G. S. Goncharova, N. N. Khutoryan, S. V. Lysenko and others. Article’s main body. The legal status of academic staff and the specificity of their employment functions related to the issues of work day and labor hours. This causes the peculiarities of the legal regulation of labor of this category of employees compared with other employees. The general concept of labor hours allotted to the employee for the fulfillment of their duties during the working day does not meet the definition of labor hours of academic staff in relation to its specific nature. It means that the part of the labor hours during the working day is associated with the fulfillment of the work outside of the workplace. Therefore, it is impossible to apply the daily recording of labor hours, due to the fact that the duration of work day of specified category of the employees may be different, just as the number of worked hours for each day for a week. Conclusions and prospects for the development. In the terms of European credit transfer-accumulative system, given the characteristics of the academic staff, there is a need to review and approval of the new regulations of their working hours. For the rational use of labor hours of the academic staff the Ministry of Education and Science of Ukraine should: 1) review and supplement the list of the main types of academic staff employees and bring them into line with the new provisions of the Law of Ukraine «On Higher Education»; 2) require higher educational establishments to develop and approve the regulations of labor hours for methodical, scientific, (scientific, technical, artistic) and organizational activities.
Authors and Affiliations
T. V. KRASIUK
Keywords
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