Mykola Tomenko, Deputy Chairman of the Verkhovna Rada of Ukraine addressed the President with a request to explain the norms of the labour laws to L. Chernovetskyi.
M. Tomenko reminded of an active discussion whether to go or not to go to work. "As the proverbial wisdom says: "an evil example is infectious" and this situation can be observed with Kyiv mayor Leonid Chernovetskyi who is convinced that he has a right to go or not to go work depending on his mood", declared M. Tomenko. He reminded that Kyiv mayor Leonid Chernovetskyi had recently made a declaration that he might come to work whenever he wants, as he was not appointed but elected to his office.
Moreover, M. Tomenko considers it abnormal that the Prime Minister supports this opinion, as he claimed that L. Chernovetskyi might occupy the mayor office as long as he had an intention to work as a mayor.
Instead, M. Tomenko reminded that effective legislation envisages right the opposite. Pursuant to clause 12 of the Law "On the Local Self-Government in Ukraine", a city mayor is a principal official figure of the territorial city community and their authorities are permanent.
Pursuant to clause 14 of the Law "On Service in the Local Self-Government Bodies", the office of Kyiv mayor belongs to the first category of local self-government offices. Thus, pursuant to clause 7, the local self-government office holders are under jurisdiction of the Ukrainian labour laws.
"Thus, according to the effective legislation, office of Kyiv mayor is a primary employment of L. Chernovetskyi, where he shall perform his authorities and take relevant consequences of his work", stressed M. Tomenko.
Pursuant to clause 40 of the Code of Labour Laws of Ukraine, the causes of dismissal include absence from work (in particular, for more than 3 hours during the working day) without valid excuse or absence from work for 4 consecutive months caused by temporary disability.
However, clause 78 of the Law "On the Local Self-Government" states that the authorities of the city mayor can be early terminated in case the mayor fails to discharge their functions or if a court admits illegality of his actions.
Thus, the Deputy Chairman of the Parliament addressed the President with a request to explain the norms of labour laws to L. Chernovetskyi.
"Still, it would be an ideal situation if L. Chernovetskyi decided to stop being a burden for Kyiv citizens and voluntarily submit his resignation", added M. Tomenko.