Immoral behavior as grounds for dismissal of an employee

Terms of dismissal and work off

Recording in labor

Payments upon termination of an employment contract for immoral behavior

“Working out” upon dismissal for immoral behavior

And finally...

The Labor Code allows the employer, under certain exceptional circumstances, to terminate the employment relationship with the employee unilaterally, that is, on his own initiative. Most of the grounds for dismissal without the consent of the employee are related to his negative behavior, incompatible with the relationship of trust within the framework of the employment contract. Along with other circumstances, the legislator provided for the commission of immoral acts by some employees as grounds for dismissal.

Labor Code on immoral acts

Labor legislation identifies the commission of an immoral act as an independent reason for separation from employees, providing for it in paragraph 8 of Article 81 of the Labor Code of the Russian Federation.

The wording of the code norm implies some restrictions in the use of this basis in practice and poses the following questions to lawyers and personnel officers:

what action is considered immoral;
to which persons it can be applied;
what actions are compatible and incompatible with further work.

The allocation of additional grounds for termination of work for teaching staff is justified by the mission assigned by society to this category of workers. The responsibilities of teachers extend far beyond teaching and also include:

adherence to generally accepted rules of ethics and morality;
respect for the student’s personality;
development of various abilities and positive character traits, stimulation of the formation of values and priorities;
show an individual approach to students.

Attention

The tasks assigned to the teacher require impeccable behavior at work and outside the institution.

Summarize

In conclusion, let us remind you that since dismissal for the reasons considered quite often ends in a labor dispute, you need to prepare all the documents, as well as stock up on sufficient evidence of the employee committing an immoral offense or using educational methods related to violence against the personality of students. After all, Resolution No. 2 places the responsibility on the employer to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal ( clause 23 ).
[1] Next – Resolution No. 2.

[2] Approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary documentation for labor accounting and its payment.”

[3] Federal Law of December 23, 2010 No. 387-FZ “On Amendments to Article 22.1 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” and the Labor Code of the Russian Federation.”

What can be considered an immoral act or behavior

Important

The concept of an immoral act is evaluative and has no legal definition.

This is the case when the manager is responsible not only for following the letter of the law, but also for the subjective assessment of a particular behavior of employees.

If we generalize the meaning of this word, offered by explanatory dictionaries, and correlate it with modern practice, we can assume that an immoral act is behavior (action, inaction) that contradicts generally accepted ideas about morality and ethics. The assessment must be made in the context of a particular society and time, since moral principles vary in different countries, religious communities, etc.

Concretizing this concept in the context of the topic of the article and the category of workers who can be dismissed under paragraph 8 of Article 81, we will try to list the actions recognized as a violation of ethical rules:

insult and other actions degrading dignity and honor;
swearing;
violent actions, participation in fights and brawls;
indecent behavior;
appearing in a state of obvious alcohol or drug intoxication, alcohol abuse or use of prohibited substances;
exerting psychological pressure on students;
actions of a sexual nature towards students (pupils), including statements on this topic;
actions that go beyond the framework of the relationship between teacher and student (student, pupil);
actions that discredit the honor and dignity of colleagues or institutions;
any criminal acts.

Attention

The use of violence in the implementation of education is also an independent basis for dismissal, specified in Article 336 of the Labor Code. The choice of a specific article of the Labor Code is made by the manager.

Before determining an act as immoral, it is necessary to take into account the personality of the employee, his reputation, experience and professionalism, motives and circumstances, the severity of the act and the degree of guilt.

Attention

The only criterion for applying dismissal as the most severe punishment is the incompatibility of the act with the continuation of the same activity.

It is important to determine what impact the transition of acceptable rules of behavior on the part of the teacher has on his future work, relationships in the team, the reputation of the institution, and, most importantly, on students.

So, for example, an insult in some circumstances can be recognized as immoral behavior (rude expression or speech in the presence of strangers, accompanied by a scandal), and in others it can simply receive a negative assessment without consequences (said once, without witnesses, without the intention of causing moral damage to a person or humiliate him).

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Pravo-info » Articles from magazines » WHO AND WHEN CAN BE FIRED FOR IMMORAL OFFENSE

Based on materials from the magazine "Glavnaya Ledger"

M.G. Sukhovskaya, senior lawyer

Only those workers who are directly involved in the education of children and youth can be fired for immoral misconduct. It does not matter where the offense was committed - at work or outside of it.

At risk are workers involved in educational activities

The list of grounds on which an employer can terminate an employment contract on its own initiative includes the commission of an immoral offense by an employee performing educational functions that is incompatible with the continuation of this work <1>. As the Supreme Court explained at one time, on this basis, the dismissal of only those employees who are engaged in educational activities is allowed. For example, teachers, teachers of educational institutions, masters of industrial training, teachers of children's institutions <2>.

Thus, it is formally impossible to dismiss employees on this basis who, although they work in an educational institution, are far from the educational process (for example, a security guard, a cook, an electrician, a legal adviser <3>).

However, in a controversial situation, what will matter to the court is not only the position of the dismissed employee, but also what is written in his job description. Let us illustrate this with a specific case from life.

A ward nurse working in a children's psychiatric hospital was fired for committing an immoral offense. When one of the young patients did not obey her order to return to bed, the nurse “... repeated her demand in a rude and offensive manner, degrading the dignity of the child, and used profanity towards the patient and his mother, in response to which the patient protested... "

In court, where the nurse went to challenge her dismissal “under the article,” it was found that according to her job description, she “is obliged, in the absence of a teacher, to be in the room with the children and work according to the plan, to perform educational functions during routine activities.” At the time of the incident, the teacher was not in the department, so the court recognized the dismissal of the nurse on “immoral” grounds as legal <5>.

What offense is considered immoral?

As rightly noted in one court decision, the Labor Code of the Russian Federation does not define an immoral offense and does not establish any criteria by which the offense of a person performing educational functions can be considered immoral. Thus, the employer has the right to independently resolve this issue depending on the specific circumstances of the case <6>.

Reference. Immoral offenses may include scandals, fights, appearing in public places under the influence of alcohol, drugs or other toxic substances, inappropriate behavior in everyday life, cruelty to animals, etc. <4>

At the same time, any violation of moral principles and generally accepted norms of behavior in society can be considered an immoral offense <7>.

But let’s not forget that the misconduct committed by the employee must be recognized not only as immoral, but also incompatible with the continuation of educational work <8>. And, according to the courts, a conclusion about such incompatibility can be made by the employer only in two cases <9>:

or the immoral offense committed by the employee had a detrimental effect on the person being educated;
or there is every reason to believe that the employee may in the future commit a similar or other offense that will have a detrimental effect on the employee.

In both cases, dismissal is a way to eliminate negative influence on the person being raised in the future, as well as a method of demonstrating to the person being brought up and other persons the inevitability of punishment for immoral behavior.

These are the situations that courts most often classify as immoral offenses incompatible with further educational work.

Situation 1. Manifestation of rudeness in communication with students or pupils, humiliating, offensive and discriminatory statements addressed to them <10>. Here are some examples:

“[the teacher]... screamed and humiliated the group member every day... told the other children that he was of a different nationality, and did not allow them to play with him...” <11>;
“[the teacher]... made offensive statements towards students, used profanity in lessons, and made approving statements about the use of drugs...” <12>;
The teacher of the children's department in the anti-tuberculosis dispensary, during a quiet hour, threatened and insulted a minor patient, said that the girl's aunt abused alcohol, no one needed the girl, neither her mother nor her father, that the teacher would lock her in the locker room and leave her there... < 13>.

Situation 2. An unacceptable form of communication between an employee and his colleagues that offends their honor and dignity, conflicts, scandals and even fights between teachers or educators in the presence of children <14>:

“[the teacher]... used obscene language in the presence of witnesses... raised his voice, which could be heard by school students. [The teacher’s] behavior was inappropriate, intrusive and rude... several times he touched [the deputy director’s] shoulder, pushing her, thereby provoking a conflict” <15>;
“The kindergarten teacher... left her workplace and began to sort things out with the teacher... during which a fight broke out between them. At the same time, both teachers used obscene language towards each other... in the presence of kindergarten students and their parents” <16>.

Attention. If during the trial it is established that there was even one-time physical and (or) mental violence against a student or pupil, the court may change the grounds for dismissal from “immoral” to special pedagogical <17> - use, including one-time , methods of education associated with physical and (or) mental violence against the personality of the student, pupil <18>.

Situation 3. Other actions unworthy of the title of teacher, for example:

consumption of alcoholic beverages by a teacher on the premises of the university <19>, where students could see him;
demanding material assets from students in exchange for good exam grades <20>;
transfer to applicants of task banks for those entering the university’s master’s program <21>;
providing assistance to some students when taking the Unified State Exam (“...[the teacher] during the exam period... repeatedly approached the students at the first and second desks of the first row, stayed nearby for a certain time, covering their bodies from the rest of the Unified State Exam participants... encouraged the actions of students who used cell phones ..." <22>).

When there is no immorality

We must understand that not every offense committed within the walls of an educational institution is considered immoral. To complete the picture, we will give examples of situations where the court did not see anything immoral in the employee’s actions, declared the dismissal illegal and ordered compensation for wages for the period of forced absence and moral damage:

In order to separate the fighting students and avoid them injuring each other, the teacher took water from a glass into her mouth and splashed it on the boys. The court said that the teacher's actions to stop illegal actions between students and impose discipline in the classroom are not covered by the concept of immoral misconduct <23>;
A child in kindergarten fell and broke his forehead. The teacher herself treated his wound with hydrogen peroxide, without informing the health worker and the child’s parents about what happened. She explained later that she did not see anything terrible in what had happened, and besides, the baby was cheerful and active during the walk. But the management of the kindergarten considered that the teacher violated the provisions of the Law on Education and the charter of the preschool institution by the fact of failure to report, and fired her under the “immoral” article. However, the court said that the lack of proper control over children while they were in kindergarten, which led to injury to the child, indicates the teacher’s improper performance of official duties, but not the commission of an immoral offense. In addition, the teacher took all possible measures to provide the child with first aid <24>.

Immoral offense at work or at home - what's the difference?

For dismissal on “immoral” grounds, it does not matter where the immoral offense was committed - at the place of work or at home <25>.

However, these two cases must be separated, because the dismissal procedure will be different.

Case 1. The offense was committed by an employee at the place of work and in connection with the performance of his job duties.

In this case, dismissal on “immoral” grounds is a disciplinary sanction <26>. This means that the employer must comply with the established deadlines and the procedure for imposing such a penalty <27>:

record the offense, for example in an act;
request an explanation from the employee;
within a month from the date of discovery of the misconduct, issue an order to terminate the employment contract and familiarize the employee with this order. At the same time, as Rostrud explained, there is no need to issue an additional order to apply a disciplinary sanction in the form of dismissal <28>.

Case 2. An immoral offense was committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his job duties. The employer may then not follow the procedure mentioned above. In addition, the employer has 1 year from the date of discovery of the misconduct <29> to dismiss under an “immoral” article (in the first case, this period is 6 months).

Attention. Even those employees who belong to the so-called preferential categories can be fired for immoral misconduct, in particular <30>:

single mothers raising a disabled child under the age of 18 or a child under the age of 14;
women with a child under 3 years of age;
workers who are the sole breadwinners in a family with three young children.

But the dismissal of pregnant women on “immoral” grounds is not allowed <31>.

* * *

We must not forget that when imposing a disciplinary sanction, the employer must take into account the severity of the offense committed and the circumstances under which it was committed <32>.

Thus, in one case, the university management was unable to clearly explain why students filed a complaint about the teacher’s inappropriate behavior a year after finishing their studies with her. In addition, the court took into account the teacher’s certificates of honor from the regional Ministry of Education, her numerous scientific publications, and constant participation in seminars to improve the skills of educators and scientific conferences. The teacher, who was dismissed for an “immoral” article, was reinstated with compensation for the period of forced absence and for moral damage <33>.

———————————

<1> clause 8, part 1, art. 81 Labor Code of the Russian Federation

<2> clause 46 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 N 2

<3> Appeal ruling of the Moscow City Court dated October 30, 2014 N 33-38027

<4> Appeal ruling of the Supreme Court of the Republic of Karelia dated January 17, 2017 N 33-173/2017(33-5072/2016;)

<5> Appeal ruling of the Moscow City Court dated January 22, 2015 N 33-1702

<6> Determination of the Primorsky Regional Court dated 07/08/2014 N 33-5877

<7> Appeal rulings of the Sverdlovsk Regional Court dated October 3, 2017 N 33-17016/2017; Stavropol Regional Court dated March 11, 2014 N 33-693/2014; Determination of the Primorsky Regional Court dated 07/08/2014 N 33-5877

<8> clause 8, part 1, art. 81 Labor Code of the Russian Federation

<9> Appeal rulings of the Moscow City Court dated June 20, 2018 N 33-19194/2018; Supreme Court of the Republic of Tatarstan dated March 21, 2016 N 33-3706/2016; Sverdlovsk Regional Court dated October 3, 2017 N 33-17016/2017

<10> see, for example, Decision of the Vsevolozhsk City Court of the Leningrad Region dated April 19, 2018 N 2-2626/2018~M-448/2018

<11> Decision of the Yuzhno-Sakhalin City Court of the Sakhalin Region dated 05/03/2017 N 2-662/2017(2-8698/2016;) ~M-7074/2016

<12> Determination of the Zheleznodorozhny District Court of Yekaterinburg dated May 11, 2016 N 2-2475/2016~M-1947/2016

<13> Appeal ruling of the Supreme Court of the Komi Republic dated February 18, 2016 N 33-1125/2016

<14> Decision of the Tushinsky District Court of Moscow dated 04/11/2018 N 2-773/2018; Appeal rulings of the Sverdlovsk Regional Court dated May 31, 2016 N 33-8915/2016; Chelyabinsk Regional Court dated March 22, 2016 N 11-3310/2016

<15> Appeal ruling of the Moscow City Court dated September 18, 2017 N 33-36508/2017

<16> Appeal ruling of the Moscow City Court dated November 26, 2014 N 33-35067/2014

<17> clause 2 art. 336 Labor Code of the Russian Federation

<18> Appeal ruling of the Moscow Regional Court dated May 25, 2016 N 33-14198/2016

<19> Determination of the Primorsky Regional Court dated 07/08/2014 N 33-5877

<20> Appeal ruling of the Supreme Court of the Chuvash Republic dated February 19, 2018 N 33-898/2018

<21> Appeal ruling of the Vologda Regional Court dated July 19, 2017 N 33-3918/2017

<22> Appeal ruling of the Penza Regional Court dated September 27, 2016 N 33-3457/2016

<23> Appeal ruling of the Sverdlovsk Regional Court dated 10/03/2017 N 33-17016/2017

<24> Appeal ruling of the Sverdlovsk Regional Court dated November 17, 2016 N 33-19993/2016

<25> clause 46 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 N 2

<26> art. 192 Labor Code of the Russian Federation

<27> art. 193 Labor Code of the Russian Federation; clause 47 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 N 2

<28> Letter of Rostrud dated 06/01/2011 N 1493-6-1

<29> clause 47 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 N 2

<30> part 4 tbsp. 261 Labor Code of the Russian Federation

<31> part 1 art. 261 Labor Code of the Russian Federation

<32> art. 192 Labor Code of the Russian Federation

<33> Decision of the Oktyabrsky District Court of Samara dated September 25, 2017 N 2-4011/2017~M-3673/2017

Read the full version of the article in the Main Book magazine, N 03, 2019

Who can be fired for an immoral act?

The Labor Code limits the circle of persons with whom working relationships can be severed for committing an immoral act.

Important

These include workers performing educational functions.

Education is work on personal development, promoting the cultivation of moral, spiritual and ethical values, as well as the socialization of the pupil and his adaptation to life in society and family.

Education can be either an independent activity or an integral part of education. It follows that the category under consideration includes the following employees:

educational institutions;
other organizations, if the person’s job responsibilities include education.

Attention

To clarify the range of educational institutions, you should refer to the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (as amended on June 27, 2018).

The legislation names the following categories of institutions:

preschool organizations;
general educational organizations;
professional educational organizations;
higher education institutions;
organization of additional education (regular and vocational).

Important

The emergence of restrictions on engaging in certain types of work activities

Law No. 387-FZ [3] introduced a new article into the Labor Code. 351.1 , which establishes restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and health improvement. In addition, Art. 331 Labor Code of the Russian Federation . According to these standards, the following persons are not allowed to engage in teaching activities:

have or have had a criminal record, are or have been subject to criminal prosecution (except for persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insult ), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public safety;
having an unexpunged or outstanding conviction for intentional grave and especially grave crimes.

Thus, as soon as the management of an educational organization learns about the existence of restrictions on engaging in certain types of work activities established by the Labor Code of the Russian Federation and other federal laws that exclude the possibility of an employee fulfilling his duties under an employment contract, the employment contract is subject to termination due to circumstances beyond the control of the parties - by clause 13, part 1, art. 83 Labor Code of the Russian Federation .
When dismissing on this basis, it should be taken into account that dismissal on this basis can only be made after receiving an official certificate from the Ministry of Internal Affairs.

For your information

The administrative regulations for the provision of public services for issuing certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution were approved by Order of the Ministry of Internal Affairs of the Russian Federation dated November 7, 2011 No. 1121 .

You should not think that if a teacher was convicted of crimes named in Art. 331 of the Labor Code of the Russian Federation , before the entry into force of Law No. 387-FZ , then there is no need to dismiss the employee. As judicial practice confirms, it does not matter when the teacher was convicted, the fact itself is important. So, P., believing that he was fired from the MBOU “Youth Sports School” illegally, went to court. He justified the requirements by the fact that the restrictions provided for in Part 2 of Art. 331 and art. 351.1 of the Labor Code of the Russian Federation for the implementation of teaching activities, in this case are not subject to application, since he was hired before the introduction of these restrictions into labor legislation.

Meanwhile, the court found that in 2005 P. was convicted under Part 1 of Art. 111 of the Criminal Code of the Russian Federation and the criminal record has been expunged. Taking into account the legal position set out in the Resolution of the Constitutional Court of the Russian Federation dated July 18, 2013 No. 19-P , the court noted that the provisions of these articles of the Labor Code provide for an indefinite and unconditional ban on engaging in professional activities in the areas specified in these provisions for persons who have a criminal record or whose criminal record has been withdrawn or expunged, those found guilty. Therefore, the dismissal was recognized as legal and justified ( Appeal ruling of the Supreme Court of the Republic of Mordovia dated July 22, 2014 in case No. 33-1253/2014 ).

In addition, some heads of educational organizations “in the old fashioned way” believe that this basis for dismissal applies only to those employees who directly carry out teaching or educational activities. That is, a janitor, watchman, supply manager cannot be fired under clause 13, part 1, art. 83 Labor Code of the Russian Federation . However, the current edition of the Labor Code of the Russian Federation is formulated in such a way that the restriction is established not in relation to a specific labor function, but in relation to the field of activity. This means that on this basis it is possible to dismiss a watchman, a cleaner, and other workers who are not directly involved in teaching or educational work, that is, the restriction applies to all personnel of educational organizations, including technical and support staff, since they also carry out labor activities in the above areas ( appeal rulings of the Judicial Collegium for Civil Cases of the Chelyabinsk Regional Court dated July 24, 2014 in case No. 11-7669/2014 , Kurgan Regional Court dated June 13, 2013 in case No. 33-1596/2013 , Krasnoyarsk Regional Court dated August 20, 2012 in case No. 33-6847/2012 , etc.).

However, simply firing a teacher will not work. As with dismissal for committing an immoral offense, a certain procedure must be followed. In particular, termination of the employment contract under clause 13, part 1, art. 83 of the Labor Code of the Russian Federation is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. The employer is obliged to offer all vacancies available in the local area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

The procedure for dismissal for an immoral act

In order to avoid legal disputes, management should take care to strictly comply with not only the material, but also the procedural rules for dismissing an employee for committing an immoral act.

The procedure depends on where the offense was committed.

Dismissal for immoral behavior at work and in the performance of official duties

Immoral behavior at work is a disciplinary offense, and therefore necessarily entails penalties in accordance with Article 193 of the Labor Code.

Important

Dismissal in this case is the strictest penalty.

The step-by-step procedure for dismissal for anti-moral behavior at work involves the following mandatory actions:

recording the fact of an immoral act . The procedure is initiated by drawing up a memo addressed to the manager or an act notifying the employee’s actions that are assessed as immoral. The reason for dismissal may also be a complaint from the student, his parents or other persons;
receiving within two days . If he evades in every possible way, it is necessary to draw up an act of refusal;
formation of a commission to conduct an internal investigation;
conducting an audit of the facts stated in the documents;
drawing up a report on the results of the inspection and making a decision on dismissal if the fact of an immoral act is confirmed and the impossibility of continuing the employment relationship, taking into account the nature of the act. The employee must be familiarized with the document;
issuance of an order on bringing the employee to disciplinary liability in the form of dismissal. The document must indicate exactly what action took place. Some labor law experts believe that it is necessary to draw up two orders: an order to impose disciplinary liability and an order to dismiss for committing an immoral act;
Additionally
In practice, this approach has not received widespread acceptance or support from the courts.
familiarizing the employee with the order , calculating and issuing a work book and other documents if necessary.

Committing an immoral act outside of work

Immoral behavior of a worker not at his place of work and not in connection with his duties also gives the employer the right to dismiss him under Article 81.

Attention

It is important that such behavior be proven. If the act is recorded by any document of the authorized bodies (for example, a protocol on an administrative violation), you can do without an official check. Otherwise, you need to do the work of collecting evidence - find witnesses, ask for an explanation from the offender.

A peculiarity of termination of employment relations for immoral behavior outside the walls of the organization is the absence of requirements for compliance with Article 193 of the Labor Code and the deadlines specified therein. Guilty actions of the employee in this case cannot be considered a disciplinary violation. In all other respects, the procedure is similar to that described above.

Is it possible to challenge?

If an employee believes that he was fired unlawfully for moral misconduct, he can appeal the employer's actions. This can be done by filing a complaint with the prosecutor's office or the labor inspectorate, or by filing a claim in court.

The dismissed person must prove the groundlessness of termination of the employment agreement on this basis. For example, an internal check was not thoroughly carried out or not all documents were drawn up and completed. Any doubt is interpreted in favor of the dismissed employee.

When contacting a supervisory authority, you must file a complaint. According to Art. 7 of Law No. 59-FZ, it must be:

written
– oral appeals from citizens are not a reason to initiate an investigation into violations of labor rights;
signed by the applicant
– anonymous complaints are not accepted for consideration;
reliable
and relevant.

There are no statutory deadlines for contacting supervisory authorities. And you need to go to court in accordance with Art. 392 Labor Code of the Russian Federation. When appealing a wrongful termination, an employee has 1 calendar year to file a claim. The period begins from the moment of familiarization with the dismissal order or from the moment the labor certificate is issued. The claim is drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. It is accompanied by evidence that the dismissal was carried out illegally or that such an offense was not committed by the plaintiff.

Important! Immoral acts can be committed not only against minors.

As judicial practice shows, the justice authorities consider the following offenses to be legal grounds for terminating an employment contract:

Conversing with colleagues in a raised voice, using obscene words, provoking another employee to retaliate. Both teachers can be fired - the one who started the conversation in a raised voice, and the one who responded to the provocation.
Drinking alcoholic beverages in the workplace, even after hours.
Demanding money or things from students in exchange for good grades. Such offenses “thrive” in universities and educational institutions of secondary professional or technical fields.
Increased attention to one of the students (especially girls), which can be regarded as sexual harassment.
Scandals with relatives in a state of alcohol or other intoxication, resistance to law enforcement officers.
Driving a vehicle while intoxicated or otherwise intoxicated, if these actions of the teacher led to an accident. A protocol will be drawn up on the spot and then sent to the management of the educational institution. The teacher will be fired under Art. 81 of the Labor Code of the Russian Federation, and the court recognizes the termination of labor relations as legal.

Unfortunately, parents believe that they can independently interpret the concept of “immoral misconduct” in relation to teachers and educators. Often complaints are sent to higher authorities with a demand to fire a particular teacher or educator for not providing (in the opinion of the parent) adequate attention to a particular child. Such behavior will not be considered immoral; if the teacher is fired, he will be able to appeal the actions of his superiors.

Terms of dismissal and work off

One of the main conditions for dismissal at the initiative of management is compliance with deadlines, if they are provided for by law.

You need to terminate the contract for “anti-moral” actions:

within one month if the dismissal is a disciplinary sanction. The period is counted from the moment the act became known. As a general rule, this period does not include time of illness and vacation. However, even in the case of a long-term absence of an employee for good reasons, the code sets a limitation on the period for dismissal by six months;
before the expiration of one year, if the act did not take place at work.

Recording in labor

Before issuing a work book to an employee, a personnel service employee or other authorized person is faced with the task of correctly completing the dismissal record.

In general, the procedure for filling out this document is regulated by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books.”

In the appropriate columns, indicate in order the record number, the date of termination of the contract, the reason for dismissal, and details of the dismissal order.

The key point is to enter information in column 3 about the grounds for dismissal. According to the above resolution, the wording includes the reason for dismissal in strict accordance with the specific paragraph of Article 81 of the Labor Code and a link to this paragraph.

For example:

“Dismissed for the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work, paragraph 8 of Article 81 of the Labor Code”

Attention

The completed information is certified by the signature of an authorized employee and the seal of the institution.

How to correct an error in the text of a document

Factual errors, such as, for example, incorrectly indicated time, employee's last name and other data, must be corrected. In this case, there is a standard algorithm of actions:

Cross out the word or fragment of text containing the error with one line so that it can be read.
The correct option should be written at the top.
Next to write: “Believe the corrected.”
The commission members put their signatures there.

Important! There should be no spelling or grammatical errors in the text of the act.

Payments upon termination of an employment contract for immoral behavior

The final settlement with the dismissed person is a mandatory stage of termination of the employment relationship. A huge number of disputes are initiated by former employees due to incomplete or late payment.

Attention

In the event of dismissal due to an employee’s guilty behavior, as well as for any other reasons, no delays in the issuance of due funds are allowed.

Payment is made on the last day of work. If the employee is absent on this day, money is paid the next day after receiving a request for payment from him.

Upon dismissal for immorality, an employee is entitled to the following payments:

earnings for the period worked before dismissal;
compensation for the remainder of the vacation period.

The employee cannot count on severance pay or compensation.

Arbitrage practice

On the one hand, accusing any employee of immoral behavior is not difficult. On the other hand, such an accusation without evidence and if the investigation procedure is not followed is worthless.

Example 1

Fine arts teacher O. made a remark to a student during a drawing lesson. The latter responded rudely and tried to get up to hit his neighbor on the desk. O. grabbed the boy by the shoulder, trying to stop him, and hit him in the face with her hand. The incident ended and the teacher continued the lesson.

Having learned about the situation, the director of the gymnasium where O worked, issued an order to remove O. from teaching lessons, and organized a meeting of students to discuss the conflict. O. was not notified about this. However, the next day the director demanded an explanation from her. A day later, O. was fired under clause 8. Art. 81 TK.

O. went to court, motivating the director’s actions with personal hostility and conflicts at work. After considering the case, the court reinstated O.’s rights, declaring the dismissal illegal. The following reasons:

there were no grounds for registration - no complaint was received from the parents, no written complaint was submitted from the student;
During the investigation, the testimonies of the students interviewed changed and contradicted each other;
O. was not familiar with the order, the director did not have a preliminary conversation with her.

Example 2

Persons whose responsibilities include educational functions include home nannies and tutors, if such a clause is included in the employment contract.

Nanny N, hired through an agency, went to work drunk, behaved cheekily and rudely with the spouses who hired her. The latter refused her place and demanded that she be fired for immoral behavior. N. appealed the agency’s decision in court, citing the illegality by the fact that she did not perform educational functions as a nanny. However, the contract contained a direct reference to them: the nanny was obliged to instill in the child the skills of cultural behavior. N. lost the case.

The video below will tell you why teachers are actually fired under the article “immoral behavior”:

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“Working out” upon dismissal for immoral behavior

Labor legislation does not contain such a concept as “working off” upon dismissal. However, in some cases the code establishes an employee’s obligation to notify management of his intention to stop working in advance. In case of leaving of one's own free will, employers must be notified of this at least two weeks in advance, and in case of dismissal during the probationary period - three days in advance. If the work is performed on the basis of a fixed-term contract, then the date of dismissal is determined by the end date of the contract or an agreement between the parties.

Attention

In the event of termination of employment due to immoral behavior, the issue of “working off” is not relevant at all. The date of dismissal is determined by the manager, taking into account the deadlines indicated above.

Consequences of appeal

If a dismissed employee proves that the employment contract for committing an immoral offense was terminated unreasonably, the employer will have to:

on the same day when the court makes the appropriate decision, reinstate the employee to his previous position;
pay compensation for forced absenteeism, based on the number of days of absence from work and average earnings for the last year.

The employer himself will have to pay a fine. He will be held accountable under Art. 5.27 Code of Administrative Offenses of the Russian Federation. First, documents related to the process of terminating employment relations with a specific employee will be checked.