Ілюстрація «Нова українська школа»
The plaintiff was mobilized for military service in February 2022. In July of the same year, his salary was stopped — as the court found, illegally.
The Chervonohrad City Court of Lviv Oblast ruled to pay the mobilized man 380 thousand UAH in case No. 459/2482/24. The teacher worked at gymnasium No. 10 in Sheptytsky, and after being called up from the reserve, he was fired with his average salary for the duration of his military service. On July 19, 2022, the payments were suspended. The court stated that mobilized pedagogical and scientific-pedagogical workers are entitled to receive their average salary:
«Part two of Article 57 of the Law of Ukraine «On Education» contains a special rule regarding the provisions of Article 119(3) of the Labor Code of Ukraine, as it applies to pedagogical or scientific-pedagogical workers; the special rule (Article 57(2) of the Law of Ukraine «On Education») prevails over the general rule (Article 199(3) of the Labor Code)».
According to the court ruling, the Education Department of Sheptytska City Council is obliged to pay the teacher his unpaid average salary from July 2022 to December 2023 in the amount of UAH 380 thousand. This is the full amount, excluding fees and taxes that should be deducted from it.
Source: «Judicial and legal newspaper»