Legislation on dismissal of a teacher
Situations in which we are talking about dismissal are recorded in Article 77 of the Labor Code of the Russian Federation. Its provisions apply in particular to those whose profession is to be a teacher. However, working with children is a complex and responsible matter, and in the process of educational activities, complex situations often arise that need to be properly understood.
Sometimes parents are dissatisfied with the way the teacher acts and write complaints against him. It is important to know whether this may cause the termination of an employment contract with a teaching employee. In order to understand this, we must take into account that the Labor Code of the Russian Federation in Article 336 provides additional grounds for the dismissal of teaching staff.
If a complaint has been received against a teacher, then first of all it is necessary to figure out whether there are objective grounds for it. If it is true, then this may cause termination of the employment contract. If the complaint is not confirmed, then this should not affect the teacher’s work.
Articles 192 and 193 of the Labor Code of the Russian Federation indicate what should be understood as disciplinary violations, which may be followed by dismissal.
If a violation is identified, an internal investigation may be conducted to ensure that it is supported by the facts. The basis for such proceedings may be a complaint filed against the teacher. The first step in the investigation is for the supervisor to demand that the teacher provide an explanation for what happened.
It is important to consider that if the procedure for considering a disciplinary sanction is violated, this means that the violation that occurred loses its legal force as a basis for punishment.
Dismissal is possible only if the violation is reasonably qualified as gross. If this is not the case, then milder disciplinary measures, such as a reprimand or reprimand, are applied.
It must be understood that disciplinary measures can only be carried out in cases where a specific and proven violation has occurred, the proceedings for which have been properly formalized.
It is necessary that the punishment be proportionate to the severity of the violation committed. In this case, the specific circumstances of the incident must be taken into account.
If a teacher was required to do something that he was not obliged to do, that was not provided for by the charter, employment contract and other regulatory documents, then this cannot be considered a disciplinary offense.
Article 77 provides the grounds for termination of an employment contract. They may be as follows:
- at the request of the employee;
- based on an agreement concluded by the parties;
- on the initiative shown by the employer.
In the latter case, it is necessary to show the teacher a violation of Article 81 of the Labor Code of the Russian Federation.
Arbitrage practice
Current legislation allows teachers to resign at any time, including mid-year or while on vacation. Refusal on the part of the employer is unlawful, even if it is motivated by the lack of a replacement (the law allocates 2 weeks for the search for a new employee, which the resigning person must work). In such a situation, a person can write a corresponding statement to higher authorities and the court. In this case, strict adherence to the limitation period is required - 3 months from the date of violation of the employee’s rights. By decision of the court, a fine may be imposed on the employing organization.
If the employee is not given documents and funds in a timely manner, the person can file a complaint with the Labor Inspectorate. Based on the results of its inspection, a decision will be issued that is binding. If a citizen is not satisfied with the result of the inspection, he can file a claim in court in compliance with all deadlines. By a court decision, the employing organization will be held administratively liable and ordered to pay the employee moral compensation in the amount of average earnings for the entire period of delay.
The legislation stipulates that forced labor is prohibited in Russia, which allows all employees to quit on their own initiative at any time. This right also applies to employees of educational institutions. Termination of labor relations with teachers is carried out on general grounds. If the norms of current legislation are violated, the injured party may file an application with the court in compliance with the statute of limitations.
Read on the topic: Dismissal at your own request by mail
Voluntary-forced dismissal
A teacher, if he does not want to continue working at the school, has the right to resign on his own initiative. This procedure is described in detail in labor legislation. However, this formulation may hide other reasons for the teacher leaving his position.
In practice, when working in any team, it is important that all employees comply with unspoken standards. Which have developed in this institution. For the most part, they are not formal in nature, but are considered as important requirements for the work of employees.
If a teacher does not comply with the unwritten rules, sooner or later the director will call him and tell him that they will not work. In this case, the employee is usually given a choice of two options: either he resigns himself, or an unbearable situation will be created for him and, as a result, he will be fired under the article.
Why are unwanted teachers fired?
Photos of women in swimsuits flooded Russian social networks. Ladies of different ages exposed themselves at the dacha, at the sea, on the river, at staged photo shoots. Different photos with the same hashtag - #teachersarepeople. All the women in the pictures are school teachers. In this way, the teachers supported their colleague from Omsk, history teacher Victoria Popova.
Last Friday, one of the local media reported that a history teacher from school No. 7 in Omsk was fired for taking a photo in a swimsuit. The girl did not publish the shots themselves; they were posted on Instagram by representatives of the modeling school for curvy girls where Victoria studied. The administration of the educational institution stated that the teacher “with her behavior damaged the image of the school, and most importantly, the high rank of the teaching staff.”
instagram.com/@katuushhaa
The idea of a campaign in support of the fired teacher belongs to the administrator of the VKontakte group “Education Ombudsman” Ivan Platonov. In the comments to the post about Popova’s dismissal, he suggested “launching a flash mob with the hashtag #teachersarepeople and posting photos from vacation.”
The administrator's idea met with warm support among community members.
“Why can everyone take pictures in a swimsuit, but teachers can’t?? This is hypocrisy, the girl has a very beautiful figure,” user Olga Mashkina is indignant.
“I have a photo from the sea on my page. So what?! I am human!!!!!" — Svetlana Chernova echoes her.
“This is pure hypocrisy. During my pioneer childhood, some of my teachers worked in the camp. Seeing them in a swimsuit when the whole group of us went to sunbathe was a common thing. It never occurred to anyone to focus their attention on such nonsense,” this is the argument of user Olga Krivtsova.
English teacher Olesya Dorozhko from the city of Kemerovo posted a photo in her underwear in support of Victoria Popova. She told News.ru that she herself faced a similar situation. The girl was fired from the educational institution after bullying organized by the parents of the students. Even the school principal, who was initially on the teacher’s side, could not save her.
— Before working at school, I did acrobatics on the pole. Many people confuse this sport with striptease. I had photos on social networks, and although I closed my profile from children, those who were especially curious still created fake pages and meddled in my personal life,” Olesya complained.
instagram.com/@suvorovalexa
Parents grabbed their heads and said to each other: “Our children are taught by a stripper.” They wrote anonymous letters to the regional education department and claimed that Olesya Dorozhko “carries propaganda of debauchery.” The story ended sadly: the whole class abandoned the teacher. The conflict reached a dead end, management asked her to resign. Now Olesya works at another school, so far there have been no attacks on her privacy.
It’s not just young teachers who are fired for “immoral” behavior. At the end of last year, the director of Moscow school No. 1256 fired 59-year-old geography teacher Svetlana Kolyadova, who allegedly engaged in striptease in class. Two deputy directors saw how a teacher lifted her skirt during class and showed her naked body to the students. The teacher herself does not agree with the management’s accusations - according to her version, the reason for the dismissal was a protracted conflict with the school administration.
The code of conduct for teachers is prescribed in the school charter or local regulations adopted in educational institutions. Usually there is a ban on teachers from a riotous/immoral lifestyle.
vk.com/Elizaveta Mitrofanova
Elizaveta Mitrofanova in support of Victoria Popova
“And the whole danger is that everyone determines the degree of immorality for themselves. This becomes a kind of tool for the administration to deal with inconvenient teachers,” this opinion was voiced by Ivan Platonov, himself a lawyer by training.
In the case of Victoria Popova, this seems to be true. The girl told local media that the photo in a swimsuit was only a reason for her dismissal - in fact, she had a serious conflict with management. The young teacher fell out of favor with one of the head teachers.
- Either my hair is not dyed that way, or I wear jeans. And then a person caught me just doing this, and that’s all,” she believes.
Irina Terentyeva, a psychologist who leads therapeutic groups, reminds us that a teacher is a person whose values children are guided by.
“He must not only know the subject, his views on life must coincide. It is important for teenagers to match themselves with a mentor. Of course, a teacher cannot promote drinking alcohol, smoking, a dissolute lifestyle, participating in fights, or getting drunk to the point of unconsciousness. But in the case of Victoria Popova and Olesya Dorozhko, this is not the case. In the first case, such an image, on the contrary, can inspire teenage girls who do not fit into modern beauty standards; in the second, it can inspire them to take up sports,” she told News.ru.
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Changing the terms of the contract
When working conditions (organizational or technological) change, management has the right to unilaterally change a number of conditions of a previously concluded employment contract. It is not allowed to make only those changes that change the employee’s labor function. For example, this rule can be used by the manager to ensure that the teacher signs documents that impose additional responsibilities on him.
As an example, we can mention the rules for assessing the performance of teaching staff.
The employee has the right to refuse to work under the new conditions. However, the employer is obliged to offer him another job among those available in the organization. This does not have to be a job in your specialty. Sometimes this may translate into opportunities to work as a dishwasher or janitor.
The employee must be notified in writing that a reorganization is planned two months before it takes place.
If an employee refuses the offered vacancies, he is fired.
The changes made cannot worsen the position of the teacher in comparison with the rules provided for by the collective agreement.
Is it possible to choose a class teacher?
On the one hand, the class teacher cannot be chosen, just like. The methods of interaction here are the same - conversations, presence at class hours, communication with the school administration.
On the other hand, there are additional responsibilities of a teacher. The class teacher does not need to be fired, you can simply remove his responsibilities. The administration meets parents halfway and changes the class teacher if most of the class is dissatisfied with him. But reasons are needed: the class teacher does not communicate with students and parents, does not monitor academic progress, does not conduct class hours, and does not engage in educational work.
Rough treatment of children
When working with children, the teacher acts not only by conviction or by example, but is also forced to apply punishment to the extent permissible. However, sometimes a teacher’s sense of proportion may fail, and he allows himself to treat students rudely.
The following indicates what may qualify as such actions:
- If a teacher raised his hand to a student and did it intentionally, then this is an unacceptable situation. It is especially bad when the child is injured as a result.
- Violence can be not only physical, but also mental. Systematic harassment and humiliation of schoolchildren, constant threats and insults to the dignity of students are a manifestation of rudeness towards children.
- Sometimes violence can occur in a hidden form. One of these cases is the presentation of clearly excessive and unreasonable demands on the student. Often this involves systematic criticism for which there is no real basis.
There may also be other actions or words that could be considered child abuse.
The teacher's actions considered here can reasonably be considered disciplinary violations.
However, it must be borne in mind that although physical or psychological violence towards children is disgusting, nevertheless, disciplinary measures should not be used in cases where it happened accidentally or due to negligence.
However, final conclusions in this regard can be made after an objective official investigation.
This behavior under certain circumstances may become grounds for dismissal by court decision. However, in this case, to substantiate it, investigative actions must be taken and relevant evidence must be presented.
If the review process was violated in any way, the teacher has the right to challenge the dismissal in district court. If he wins the case, he will be reinstated in his previous position and receive monetary compensation for the time he did not work.
Employment registration and payments
Upon dismissal, an entry about the dismissal must be made in the employee’s work book. It must contain information about the reason for termination of the employment agreement specified in the order issued by the directors. In addition, the responsible person must make a reference to the relevant article of the Labor Code (Article 77, paragraph 3 of the Labor Code - termination of the agreement at the initiative of the employee).
The work permit is issued on the last working day. Its owner is required to sign in the appropriate journal confirming receipt of the document. Refusal to issue a work permit is illegal.
Sample entry into employment notice for voluntary dismissal
At the same time, the employee must be given all the required funds, including:
- remuneration for actual time worked;
- compensation for vacation that the employee previously refused or did not have time to take, and sick leave. If the teacher decides to resign during vacation and falls ill after submitting the application, which will be proven by the availability of sick leave, then the employer is also obliged to pay compensation;
It is important to know! If a fixed-term employment agreement was concluded with a person for a period of up to 2 months, then the employer is still obliged to pay unused vacation days, taking into account that 1 month worked is equal to 2.33 days of rest (if not whole numbers are received, rounding is done in favor of the employee).
- bonus, if provided for by an individual or collective agreement or regulations of the organization;
- bonuses, for example, for a high level of qualifications of an employee.
If, during the calculation, the teacher does not agree with any amount, then the director is obliged to pay the person a part of the money that is not subject to dispute. The second part is provided only after reaching an agreement between the parties or by court decision.
Sample of filling out a pay slip - front side
Sample of filling out a pay slip - reverse side
Immoral offense
There is no precise definition in the legislation of what constitutes an immoral act by a teacher. Therefore, determining whether it has occurred is largely subjective. However, such an accusation may serve as grounds for dismissal.
Dismissal under this article is very difficult to challenge. Even if a commission is organized that will carry out the inspection. Its composition and the rules it must follow when assessing the situation are not regulated anywhere.
Why teachers are actually fired under the article “immoral behavior” is explained in this story:
What to do if you are a teacher and they decide to fire you
In this situation, it is recommended to follow these rules:
- Communication with management must necessarily take place in the presence of witnesses.
- It is advisable to record ongoing conversations using a voice recorder. According to the law, the teacher has the right to do this.
- If threats and promises follow, keep in mind that you can only believe them in cases where they are supported by relevant documents.
- You must be attentive to the documentary support of your activities.
- You should try to get support from other teachers, as well as from the students' parents.
- If a teacher is required to sign documents, then this should not be done thoughtlessly. It is recommended that you consult with a professional lawyer regarding this matter.
In this situation, a trade union organization can help. If the school does not have one, it is possible to initiate its creation yourself.
Will Homeschooling Solve Conflicts?
Is not a fact. Homeschooling requires the help of teachers: it is unlikely that parents will be able to provide quality instruction to their child in all subjects. The teachers may be the same as before - and they may be unhappy because they need to spend extra time on the student. In addition, in the classroom, conflicts can be leveled out and shared among everyone. And here the conflict can only flare up.
Before transferring your child to home schooling, you need to make sure of your own abilities and have several conversations with the director. First you need to find out how many students in the school are studying at home, and how successful they are. If there is a positive experience, you need to stipulate all the conditions: take the curriculum, educational programs for each subject, take textbooks from the library and find out how often the teachers will work with the child.
In Russia, 100,000 families choose homeschooling every year. The main reason is dissatisfaction with the quality of education at school.
Reaching a certain age
A teacher who has worked in school for many years sooner or later reaches retirement age. Of course, in most cases he has unique experience and knowledge that can benefit society.
However, as a teacher ages, he or she may wonder whether he or she could be forcibly fired and forced into retirement. In fact, the ground for dismissal cannot be applied to teachers due to the fact that he has reached a certain number of years.
However, upon reaching 65 years of age, the head of an educational institution may be dismissed from his position, but he retains his right to work in another workplace upon transfer. If there are no such options, then he will have to quit.
