“Solidarity” criticizes the idea of ​​the Ministry of National Education for the reform of employing specialists in schools. “Violates the definition of an employment relationship”

The Ministry of National Education project regarding the employment of specialists violates the definition of an employment relationship adopted in universal labor law – assessed the educational “Solidarity”. The Ministry of Education believes that his proposal to change regulations will facilitate the employment of e.g. educators and psychologists in non -public units of the education system.

In mid -June, a draft amendment to the Teacher's Card Act, which assumes the possibility of conducting classes directly with students up to nine hours a week in private kindergartens and schools by specialist teachers, including specialist teachers, including educators and psychologists, on a different basis than an employment contract (mandate contract, b2b contract). Currently, they can be employed up to 4 hours a week.

The ministry indicated that “such employed specialists in the current state are not included in the minimum number of specialists' jobs (…), which after the introduction of the designed legislative changes will also change.” He justified that “the purpose of the deregulation proposal is to facilitate the employment of specialist teachers in private education system (…), which will allow a faster solution to the problem of meeting the standards of employing specialist teachers in these units.”

The idea of ​​the Ministry of National Education was negatively assessed by the national section of the education and upbringing of NSZZ “Solidarność” in the opinion sent to the Minister of Education Barbara Nowacka. According to “Solidarity” The project is “contrary to the principles of legislative technique and violates the definition of an employment relationship adopted in general labor law.”

Trade unionists emphasized, among others, that a detailed way of calculating the total number of full -time jobs is determined by the provisions of the Teacher's Card Act. They added that “it is not included in the jobs of teachers with qualifications in the field of special pedagogy” employed – as they pointed out – in addition, among others to co -organize integration education.

In the opinion of the authors of the opinion, assistance in co -organizing integration education, education of disabled students or socially maladjusted by specialists and teachers “requires absolutely the implementation of these tasks in person and remaining at the disposal of children and adolescents with special educational needs”. In their opinion, the indicated type of work “excludes the use of services in this case.”

KSOiW NSZZ “Solidarność” emphasized that “if it was determined that on the legal relationship between the legal relationship there were foreign elements to a work relationship (e.g. no subordination, the possibility of replacing an employee with a third party), it is not possible to assess that the employment contract was concluded.”

Trade unionists added that:

“The provision of work under an employment contract differs from work performed on the basis of civil law contracts primarily in the fact that the employee is subordinated to the employer as to the time, place and manner of performing work and is subject to other rigors provided for in the provisions on work discipline.”

“Whereas performing the work or order actually works alone. Civil law contracts for the provision of services do not have to be – as a rule – performed personally by a person obliging to perform specific activities or work. In principle, they are performed at the risk of people who accept the order or undertake to perform a specific work ” – they emphasized.

Under the opinion, on behalf of the Presidium of KSOiW NSZZ “Solidarność”, signed by: chairman Waldemar Jakubowski and Krzysztof Wojciechowski.

In the project, the Ministry of National Education proposed to introduce a transitional provision, according to which, by August 31, 2027, when calculating the total number of jobs of specialist teachers, the number of hours of classes carried out by teachers, entrusted with conducting classes on the basis of a person other than an employment contract, treating each completed hour of entrusted classes as one twenty -weekly compulsory teacher's classes in the amount of 20 hours.

The planned amendment to the teacher's card is to enter into force 14 days after its announcement in the Journal of Laws. (PAP)

Pak/ Jann/