I. General Terms and Conditions
1.1. According to the Constitution of Ukraine and the current legislation the citizens of Ukraine have the right to work with a guaranteed work payment according to its quantity and quality and not below the controlled minimum basic wage, including the right to choose a profession, occupation, according to their inclinations, abilities, skills, training, education and taking into account social needs.
In State Higher Educational Institution “I. Horbachevsky Ternopil State Medical University of the Ministry of Public Health of Ukraine” (the University) the work order, conditions and discipline are based on thorough and persistent duties performing by academic, pedagogical, scientific and other staff and students and is a prerequisite for effective organization of work and educational process. Work discipline is ensured by means of persuasion and encourage for persistent work. Disciplinary community sanctions are applied to violator of labour discipline.
1.2. These Regulations apply to all staff and students of State Higher Educational Institution “I. Horbachevsky Ternopil State Medical University of the Ministry of Public Health of Ukraine” (University Code of Conduct) developed according to the Constitution of Ukraine, the Law of Ukraine “On Higher Education” and other laws and regulations, the Charter of the University.
1.3. The aim of this Regulation is to define the responsibilities of academic, pedagogical, scientific and other university staff and students.
1.4. All matters on applying of internal code of conduct are solved by the Rector of the University within his power, and in cases currently statutorily required and due to internal code of conduct, in cooperation or after consultation with the trade union committee.
II. Employment and Dismissal Procedure for Academic, Pedagogical, Scientific Employees
2.1. The citizens of Ukraine chose freely their legal occupation, profession and place of work due to their abilities.
Academic, pedagogical, scientific staff is employed due to the fixed term employment agreements (contracts) and by application competition in accordance with the current legislation and of Article 21, 24 of the Labor Code of Ukraine. An employee is not allowed to start work without a written employment agreement (contract), issued by the order of the University Rector.
The employee is hired by the Rector’ order, and is acquainted with it against his/her signature.
2.2. When hiring the university administration should require the following from the employee: to submit their proper employment book, to submit their passport, diplomas or other certificates on education or qualification and other necessary documents in accordance with the current legislation.
Persons applying for a job, which requires special knowledge, should submit the relevant documents on education or qualification (diploma, certificate), copies of which should be duly witnessed and are attached to the personal file of an employee.
2.3. Vacancy for professors and lecturers (academic staff) is by application competition according to the Law of Ukraine “On Higher Education” Regulations on the academic staff approval and employment procedure at higher educational institutions of the third and fourth accreditation levels, approved by the Ministry of Science and Education and Science of Ukraine from December 24, 2002 No 744 and corresponding regulations approved by the University Academic Board.
2.4. Transfer to another job at the university is allowed only with by agreement of the employee, except the cases provided in Article 33 of the Labor Code of Ukraine and in other cases in accordance with the current legislation.
The transfer of the employee into another workplace, division within the profession, qualification or position, due to the employment agreement (contract) is not a transfer to another to another job and does not require the approval of the employee. The Rector of the University has no right to transfer the employee to a job which is against medical advice for health reason.
Due to changes in production organization and work the change of working conditions, while continuing to work at the same specialty, qualifications or position, is allowed. The employee must be informed no later than two months in advance about the changes in working conditions: changes in wages, benefits, work schedule, part-time, combining of professions, category and titles and others.
If it is impossible to preserve the previous working conditions, and the employee does not agree to continue their work under new conditions, the employment contract is terminated due to the paragraph 6 of Article 36 of the Labor Code of Ukraine.
2.5. University staff can work part-time in accordance with the current legislation.
2.6. For people who have worked for more than five days, employment books are recorded.
Those who work part-time, employment books are recorded at the main job. For people who are paid by the hour, employment book is recorded only if this is their main job.
Employment books are recorded at a part-time job at the request of the employee in the HR department of the main job.
Employment books are recorded at the university according to the approved Regulations on the employment books recording in enterprises, institutions and organizations, approved by joint order of the Ministry of Labor, Ministry of Justice and Ministry of Social Protection of Ukraine from July 29, 1993 No. 58.
Employment books are kept as confidential documents in the HR department of the university.
The Deputy Rector for Human Recourses of the university is responsible for recording, storage and issue of employment books.
Due to the Article 29 of the Labor Code of Ukraine, before the employee starts work due to the employment agreement (contract) or is transferred to another job according to the regulations, the university administration should:
- explain the employee their rights and obligations and inform against receipt about working conditions, their presence at the workplace, dangerous and harmful factors not removed yet, and possible consequences of their impact on health, their rights to benefits and compensation for work in such conditions in accordance with the current legislation;
- inform the employee about the university code of conduct and union agreement;
- provide a workplace and necessary means for work to the employee;
- brief the employee against receipt on occupational safety, sanitation, health and fire protection;
- obtain the agreement of their personal data use according to the regulations.
2.7. Termination of an employment agreement (contract) takes place only according to the regulations and employment agreement (contract).
2.8. Termination of employment agreement (contract) initiated by the university administration is according to the regulations.
Lay off of academic, pedagogical, scientific staff takes place due to the results of certification and in case of liquidation of the university, or staff redundancy according to the regulations and regulatory acts of the University.
2.9. Termination (cancellation) of employment agreement (contract) is executed by the order of the Rector.
2.10. The University Administration is obliged to issue the properly registered employment book on the day the employee is laid off and pay off according to the regulations.
The records of the dismissal reasons in the employment book should be conducted according to the regulations with reference to the applicable paragraph, the article of the law. The dismissal day is the last day of work.
III. The main commitments of the University
3.1. The University is obligated to:
1) provide necessary organizational and economic facilities for the educational process due to the state standards of education quality for the effective work of academic, pedagogical, scientific and other university staff according to their speciality or qualification;
2) provide work places and everything necessary for work for academic, pedagogical, scientific and other staff;
3) improve the educational process, implement the best experience and projects of academic, pedagogical, scientific and other university staff for its further development;
4) conclude and terminate a written employment agreements (contracts) with academic, pedagogical, scientific and other staff according to the regulations;
5) inform academic, pedagogical, scientific and other staff at the end of the academic year (before the holiday leave) about teaching load for the next academic year;
6) pay salary to academic, pedagogical, scientific and other staff in a timely manner. Provide all university employees with a holiday leave due to the vacations schedule;
7) provide occupational safety, sanitation, proper technical equipment of all workplaces, create healthy and safe labour conditions, necessary to perform job duties;
8) follow the regulations, use the management development tools, improve the labour discipline;
9) observe the terms of collective agreement;
10) submit to the central executive authorities the statistical and accounting reports and other relevant information on the work of the university;
11) provide proper maintenance of premises, heating, lighting and ventilation equipment, keeping the outer garments of university staff and members of the educational process of the university.
Duty officers and guards store the keys to the rooms, laboratories and classrooms which are issued to employees against receipt (recorded in the journal of keys issuance and return). Duplicate keys to the rooms in student dormitories and all rooms in buildings are kept in boxes ‘under glass’ and controlled by dormitories and buildings superintendents.
ІV. The main rights and duties of employees and persons enrolled at the University
4.1. The duties performed by each employee due to their speciality, qualification or position are defined in job descriptions, terms of employment agreement (contract) and regulations approved in due order.
4.2. Academic, pedagogical, scientific staff of the university is entitled to:
1) scholastic freedom, realized for benefit of the person, society and the whole mankind;
2) academic mobility for professional development;
3) protection of professional honor and dignity;
4) participate in the management of the university, to elect and be elected a delegate to a conference of the university labour, the Academic Board of the University or its structural subdivision;
5) choose techniques and means of training to provide the quality educational process;
6) providing with the appropriate conditions for work, skills improvement, recreation and services according to the regulations, regulatory legal acts of the university, the terms of the employment agreement (contract) and union agreement;
7) use the library facilities, information resources, services of educational, scientific, sporting, cultural and educational departments of the university for free;
8) protect intellectual property and personal data;
9) train and develop their professional skills at least once per five years;
10) participate in associations of citizens;
11) social welfare and retirement benefits in accordance with the current legislation.
Academic, pedagogical, scientific and teaching university staff also has other rights in accordance with the current legislation and the Charter of the University.
Academic, pedagogical and scientific staff of the University is entitled to retirement benefits according to the Law of Ukraine “On research and scientific and technological activities”.
4.3. Academic, pedagogical and scientific staff of the University must:
1) provide teaching of subjects due to the curriculum in the specialty according to a high scientific, theoretical and methodological level, carry out research (for academic and pedagogical staff);
2) improve professional, teaching and scientific skills (for academic and pedagogical staff);
3) follow ethical, moral rules, respect honor and dignity of persons enrolled in the university, cultivate love of Ukraine, educate them due to the spirit of Ukrainian patriotism and respect for the Constitution of Ukraine and the state symbols of Ukraine;
4) develop independence, initiative and creativity in people, who are studying at the university;
5) follow the Constitution of Ukraine, current legislation, the Charter of the University, this Code of Conduct and other laws and regulations;
6) enforce regulations of labor discipline.
4.4. The other employees of the university are entitled to:
1) protection of professional honor and dignity;
2) participation in public self-government;
3) paid vacation and other vacations in accordance with the current legislation;
4) proper and safe working conditions;
5) wages in accordance with the current legislation.
Other employees of the University enjoy other rights in accordance with the current legislation.
4.5. The other employees of the university must:
1) work diligently, follow labor discipline, the Charter of the University, this Code of Conduct, timely and efficiently fulfill orders and instructions of the rector and their supervisor (if applied), to use the whole working time for productive work, to refrain from actions that create difficulties for execution of duties by other employees of the university;
2) to follow the regulations on occupational safety and health engineering, industrial health, fire safety due to certain rules and regulations, to take measures for immediately elimination of the causes and conditions that interrupt or impede the normal work (delays, accidents) and immediately notify the immediate supervisor, and if he is absent – the university administration;
3) keep in working order the materials, tools, supplies, etc. they use.
4.6. The university students are entitled to:
1) safe studying, working and living conditions;
2) extracurricular work;
3) additional paid vacation at primary employment because of studies, shortened work time and other benefits in accordance with the current legislation for those who combine work and studies;
4) use the library facilities, information resources, educational, scientific and sporting services of the university for free;
5) use the production, cultural, educational, housing and recreational services of the university as provided by the Charter of the University;
6) dormitory for a period of studying in accordance with the current legislation;
7) participate in the discussion and decision on improvement of the educational process, scientific research, scholarships, leisure, housing and recreation;
8) make proposals on the stipulations and amount of tuition fees;
9) take part in non-governmental associations;
10) participate in public government of the University, institutes, faculties, the Academic Board of the University, the student government;
11) get social support in cases in accordance with the current legislation;
12) enrollment of pension insurance in accordance with the Law of Ukraine “On Compulsory State Pension Insurance” of periods of full-time study at university, postgraduate, doctoral, clinical residency, internship, residency studying due to voluntary payment of contributions;
13) study leave or break with reservation of specific rights of the university student and readmission for studying in accordance with the procedures established by the MES of Ukraine;
14) moral and / or financial incentive for success in teaching, research and public work, artistic and sporting achievements, etc.;
15) protection from all forms of exploitation, physical and psychological violence;
16) unpaid internships at enterprises, institutions and organizations, and paid labor for work in accordance with the current legislation;
17) vacation leave for at least eight calendar weeks per a school year;
18) receive special-purpose grace public loans for higher education in accordance with the procedures established by the Cabinet of Ministers of Ukraine;
Persons who are university students are eligible for scholarships in accordance with the current legislation.
4.7. Persons who are university students must:
1) follow the current legislation, the Charter of the University and the University Code of Conduct, and also other University regulations;
2) follow the occupational health, safety, sanitation, fire safety in accordance with the applicable rules and regulations;
3) follow the requirements of the curriculum, systematically and profoundly acquire theoretical knowledge and practical skills in the chosen specialty;
4) to attend compulsory classes and complete all the tasks on time due to the curriculum and training programs;
5) ensure the compliance of training and labour discipline, good order, maintenance the supplies, educational equipment, books, premises and their documents (student card, test book, a dormitory pass, etc.);
6) follow the ethical, moral rules and principles of interpersonal relations, behave themselves honourably, to refrain from actions create difficulties for execution of duties by other university students or employees;
7) to keep the university facilities clean and tidy, follow ethical and moral rules of conduct and communication;
8) inform the group prefect about the excusable absence during classes;
9) not to use mobile devices during the educational process if there is no necessity.
In cases of systematic unauthorized absence during the classes, failure of curriculum and training programs, not following the University Code of Conduct, the Rector of the University may impose a disciplinary sanction to a student, and, if there are justifiable reasons, a student may be expelled from the university.
V. Working time arrangements
5.1. For the academic, pedagogical, scientific and other staff of the University a five-day working week with two days off is determined, besides those employees working in shifts (on duty).
At a five-day working week the working time does not exceed 40 hours per week in accordance with the Article 50 of the Labor Code of Ukraine.
Working time of teaching staff is 36 hours per week (shortened working week).
For the employees working in harmful conditions working time is not more than 36 hours per week in accordance with current legislation.
The list of professions and positions with harmful working conditions, which entitle the employee to shortened working hours, is approved in accordance with the procedure established by the legislation (Article 51 of the Labor Code of Ukraine).
During the working hours, the academic and pedagogical staff of an educational institution perform all educational, tutorial work, scientific research, management and other employment duties.
During the working hours, the scientific staff of an educational institution perform all scientific research, tutorial and review work, management and other employment duties.
During the working hours, the teaching staff of an educational institution perform all educational, tutorial work, management and other employment duties.
The maximum credit hours per one hourly rate of academic and pedagogical staff cannot exceed 600 hours per academic year. (Article 56 Part 2 Paragraph 3 comes into force on September 1, 2015 – see Article 56 Part 15 Paragraph 1).
The suggested list of educational, tutorial, scientific and management work for academic, pedagogical and scientific staff is established in the Regulations by the Ministry of Health of Ukraine.
Types of educational work for academic and pedagogical staff according to their positions is established by the University after agreement with the trade union committee of the University.
Engagement of the academic, pedagogical, scientific and other staff into the work not specified in the employment agreement (contract) can be carried out only with their agreement or in cases in accordance with the current legislation.
The work on a day off can be compensated by another day off or in cash at double wage rate after the agreement by the parties by a relevant Order of the University Rector.
According to the agreement with the trade union committee, different working day start and end may be set up for some departments and employees.
The working day at the university is established from 9am to 18pm. On a pre-holiday day working hours can be reduced.
Lunch time for the University employees during the working day is from 1pm till 2pm.
5.2. Duties for each department and its employees are regulated by the Regulations on business subdivision and job descriptions for employees developed by heads of departments.
5.3. Schedule of annual vocation leave should be agreed with the trade union committee is made each calendar year.
Vacation leave for the Rector of the University is issued by Approval of the Ministry of Health of Ukraine and for other employees by the University Rector’s Order. Changing the dates of a vacation leave is allowed in accordance with the procedures established by current legislation.
Annual leave is prohibited for two consecutive years, for employees who are under eighteen years old, and employees who are entitled to an additional leave because of harmful working conditions.
VI. Incentive for the University employees and students
6.1. For model performance of duties, long and perfect work, innovation in work and other professional achievements the encouragement can be implemented due to these Code.
6.2. For achieving excellent results in teaching and education the academic, pedagogical, scientific and other staff and students of the University are granted state awards, honorary titles, prizes, honors, certificates and other kinds of emotional and financial incentives.
6.3. These employees are provided with primarily advantages and social benefits from own funds of the University.
6.4. The University provides the following kinds of financial incentives for the employees and students:
– Incentive award;
– Wage bonus for employees;
– Personal allowance to salary assigned to a position for the extra work load due to the proposal by the head of a department;
– Personal allowances to salary assigned to a position for the complicate, intensive and additional work.
An incentive is declared by the Order of the Rector and announced to all staff of the University.
6.5. Financial incentives for the employees for great achievements in work are issued by the recommendation of the head of a department to the Rector of the University in accordance with the current regulation.
6.6. Financial incentives for students, postgraduate and doctoral students for model studying, research and public work by the recommendation of the dean of a faculty, director of an institute is issued by the Rector of the University.
VII. Responsibility for violation of labour and educational discipline
7.1. For violation the employment agreement (contract), labour or educational discipline, improper performance of official duties, stay drunk at work, smoking on campus, alcohol drinking at the University, bringing to responsibility by the officers of the Internal Affairs Agencies at the University or outside it, failing to comply with security service order, the loss of official documents, violation of the Code of Conduct and rules for dormitory residency, the Rector of the University may impose financial, disciplinary sanctions such as notice, reprimand and eviction from dormitory, dismissal or expulsion from the University (depending on the character of violations).
7.2. Disciplinary sanctions are imposed by the Rector of the University and announced by a Rector’s Order.
7.3. In cases of forgery test and exam documents, the following sanctiona are imposed for students: reprimand or expulsion from the University.
7.4. The Rector of the University has the right, instead of imposing a disciplinary sanction, to delegate the matter of discipline violation under consideration of the staff of relevant subdivision, department, faculty, institute or University (depending on the character of violations).
7.5. Before imposing a disciplinary sanction, the violator of labour discipline must provide written pleadings to the Rector of the University. If an employee or a student refuses to provide written pleadings a corresponding formal note is taken.
7.6. When imposing sanctions, guilt severity, circumstances of a violation, results of previous work (studying) and behaviour of an employee (student) are taken into account.
7.7. The Order on Disciplinary sanction imposing is reported to the employee (against their acknowledgement) and announced to the staff if necessary.