In this note answers to questions are given:
– What term of use of the decision on restoration on work is established by the legislation?
– Whether can refuse the employee of state-financed organization with the unrationed working day to work after the normal working day?
WHETHER THE EMPLOYEE OF STATE-FINANCED ORGANIZATION CAN
Question-answer
WHAT DATE OF PERFORMANCE OF THE DECISION ON RESTORATION ON WORK IS ESTABLISHED BY THE LEGISLATION?
According to Art. 236 the Labour Code of Ukraine of the decision on restoration on work are subject to immediate execution. Next day after making decision on restoration on work the employee of state-financed organization is obliged to start performance of the labor duties, and the organization is obliged to create to it conditions corresponding for work.
At a delay administration of state-financed organization of execution of a judgment about restoration on work of worker illegally dismissed or translated to another work the court, made the decision on recovery of the worker on work, takes out definition about payment to it average earnings or a difference in earnings for delay all the time.
WHETHER THE EMPLOYEE OF STATE-FINANCED ORGANIZATION CAN
WITH THE UNRATIONED WORKING DAY TO REFUSE TO WORK
AFTER THE NORMAL WORKING DAY?
The employee of state-financed organization with the unrationed working day hasn’t the right to refuse this work. Refusal without valid excuse to work after the normal working day for performance of the labor duties is violation of labor discipline which can cause application of disciplinary punishment. According to item 25 of the Resolution No. 9 of Plenum of the Supreme Court of Ukraine from November 6, 1992 "About practice of consideration by vessels of labor disputes" for the worker with the unrationed working day stay time on work over the established general duration is the worker.
(On materials The magazine for a ker_vnik)