Youth Sports School Coach Mobilized: Supreme Court Explained the Period for Retaining His Average Earnings

A coach-teacher at a youth sports school is classified as a pedagogical worker, and as such, is entitled to the guarantees outlined in part 2 of article 57 of the Law "On Education." A pedagogical worker called up for military service during mobilisation retains their previous average earnings for the period up to 24 December 2023. This conclusion was reached by the Supreme Court, specifically by the panel of judges of the First Judicial Chamber of the Cassation Civil Court.

On 10 June 2026, the Cassation Civil Court of the Supreme Court, under simplified proceedings, reviewed a cassation appeal filed by an individual. The case was brought by the individual against the Regional Youth Sports School of Field Hockey of the Zhytomyr Regional Council, an entity later renamed the Zhytomyr Regional Youth School of Team Sports of the Zhytomyr Regional Council, operating under the Department of National-Patriotic Education, Youth and Sports of the Zhytomyr Regional State Administration. The appeal sought the recognition and cancellation of an order as unlawful, and the obligation to undertake specific actions.

The plaintiff asserted that he was employed as a coach-teacher in field hockey. In February 2022, he was called up for military service during mobilisation. His average earnings were paid until 19 July 2022, at which point the employer's order ceased these payments, citing amendments to article 119 of the Labour Code of Ukraine. The plaintiff considered these actions unlawful, arguing that as a pedagogical worker, he was entitled to retain his earnings according to special legislation.

The court of first instance, whose conclusions were upheld by the appellate court, denied the claim. The court decisions were based on the premise that the plaintiff was not a pedagogical worker called up for military service during mobilisation on 26 February 2022, and who served until 20 January 2025; therefore, there were no legal grounds to retain his average earnings.

The Supreme Court disagreed with the conclusions of both the first and appellate instance courts, annulled their decisions, and issued a new ruling that satisfied the claim for the following reasons.

According to the Law of Ukraine "On Extracurricular Education" and the Regulation on Youth Sports Schools, approved by the Cabinet of Ministers of Ukraine on 5 November 2008, No. 993, participants in the educational, training, and sports activities at a sports school include coach-teachers. Furthermore, work experience in this position counts towards pedagogical work experience.

Part two of article 57 of the Law "On Education" is a special provision that takes precedence over article 119 of the Labour Code of Ukraine. In accordance with the principle of priority of a special norm over a general one (lex specialis derogat generali), pedagogical workers retain their previous average earnings during mobilisation, notwithstanding changes in the Labour Code. This guarantee remained effective until 24 December 2023, which was the date when amendments came into force that cancelled these payments in the special law.

The Supreme Court affirmed that the plaintiff falls under the category of pedagogical workers, as he is a coach-teacher of an extracurricular educational institution, on whom laws, regulatory acts, and the employment contract impose educational and pedagogical functions. Therefore, the guarantees provided by part 2 of article 57 of the Law "On Education" apply to him, which the defendant violated. Consequently, the order of the Regional Youth Sports School of the Zhytomyr Regional Council dated 19 July 2022, which ceased the payment of average earnings to the plaintiff from 19 July 2022 during his military service, is unlawful and subject to cancellation. The plaintiff is thus entitled to the accrual and payment of salary for the period from 19 July 2022 to 23 December 2023.

Further details and the full text of the Supreme Court ruling dated 10 June 2026, in case No. 274/1838/25 (proceeding No. 61-4376св26) can be accessed via this link.

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