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.
Most common mistakes
Mistake #1. An employer may dismiss a subordinate who has committed a violation without requiring an explanatory note.
This cannot be done, because explanatory language helps to objectively assess the situation and make the right decision. If it is not there, the dismissed person will be able to be reinstated through the court.
Mistake #2. If an employee allows himself to be rude to other employees, he can be fired.
No, this is impossible if there are no grounds specified in Art. 81 Labor Code of the Russian Federation. Another option is to agree with him to terminate the employment relationship by agreement, or to reprimand him, and then, after repeated violation, terminate the contract with him, because he will already have disciplinary action.
If there is an outstanding disciplinary sanction in the form of a reprimand and the offense is repeated, the employer may terminate the employment relationship with the subordinate if he has violated labor discipline.
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.
What example are they setting?
The Labor Code does allow for the dismissal of teachers for “committing an immoral act” and “using, including once, educational methods associated with physical and (or) mental violence.” However, nowhere in the documents is it stated what exactly is considered immoral. If such a code existed, then the requirement not to be photographed in a swimsuit or not to wear bright clothes outside of school would turn many young professionals away from the teaching profession.
teachers
Photo: Depositphotos
“If the state sets such requirements for a certain profession, then a person, before going to study, should know what awaits him. The teacher becomes powerless and disrespected, has a low salary, and in order to survive, is forced to combine jobs. At the same time, he must not forget about his family life and children; in such conditions, the profession becomes not only unattractive, but also dangerous. You can be beaten by high school students, fired for a photo that one of the parents thought was frivolous,” notes the chairman of the national parent committee, Irina Volynets.
Let's face it: working at school is becoming more and more dangerous
How to cope with the growing aggression of adolescents in educational institutions
In her opinion, such situations arise because some mothers have too much free time, which they spend monitoring other people’s pages on social networks. The chairman of the parent committee is convinced that a photograph of a sports teacher in a swimsuit would look appropriate even on the school honor board.
“I want to urge school leaders not to succumb to the provocations that parents are engaged in. One gets the feeling that these people have nothing else to do. Instead of taking care of their children and their affairs, they rummage through teachers' accounts. I have four schoolchildren, and I simply don’t have time to look through the profiles of their teachers. Even if the children themselves showed that the teacher posted a photo in a swimsuit, especially if she has an athletic figure, then this could be regarded more as propaganda of a healthy lifestyle. Such a photo would be appropriate to place even on the school honor board. If the woman in the photo were older and less fit, then no one would even think of complaining about her showing off in a swimsuit. So there may also be elementary envy of the mother, who does not take care of herself and she splashes out her inadequacy in this way,” adds Volynets.
It is not only the teacher who remains at the extreme end of such scandals, but also the child whose parent was the initiator of the scandal. Other teachers, parents and, of course, the children themselves will immediately learn about the situation. According to Volynets, in recent years the number of unlawful complaints against teachers has only begun to gain momentum. In Soviet times, the authority of the teacher was unquestioned. Parents did not come to school without an invitation, and at meetings they were afraid that the teacher would make a remark about their child’s behavior.
teacher
Photo: RIA Novosti/Evgeny Odinokov
Noted on the desk: teachers are fired due to scandalous videos
Why are school conflicts made public?
“Today there is a bias in the opposite direction. Parents are sure that they have the right to everything, they run to complain to the prosecutor’s office, the director, and write letters to the president. The director, as a rule, instead of thoroughly understanding, hires and fires a person at the slightest scandal and succumbs to provocations. This attitude on the part of management further reduces the authority of the profession. On the one hand, the administration is constantly putting pressure, and on the other hand, there are parents who come to show who is the power here,” the chairwoman of the public organization emphasized.
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.
The teacher has not passed certification
Working with children requires a certain level of professional training. In order to verify the teacher's qualifications, it is envisaged to carry out his certification.
He can pass it successfully and then he will continue to work in his position. However, sometimes a teacher cannot confirm his professional level and cannot pass certification. It's an unpleasant situation though. However, dismissal in this case is not mandatory.
The question of his future fate is decided by the head of the educational institution. In this case, one of the following options can be applied:
- dismissal is possible if the boss deems it necessary to do so;
- sometimes transfer to another position is applied;
- in some situations, a person who has not passed the certification is sent to advanced training courses so that he can correct his shortcomings.
The teacher may not agree to the opportunities provided to continue working in this team. As a result of such a decision, dismissal will be applied to him.
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.
Is it possible to fire a teacher due to parental dissatisfaction?
Topic: Standard child tax deduction From September 2014 to June 1, 2015, I worked as a teacher at a school, then I quit and was on vacation (resting) for 2 months, now I got a new job and found out that I was pregnant.
read answers (2) Topic: How to apply for alimony Please answer, on what basis will I be fired if my hours were given to another teacher? read answers (1) Topic: Housing issue Can a teacher be fired if he was absent from work in the summer.
read answers (1) Topic: Labor responsibilities Is it possible to fire a teacher if he fainted at a teachers' meeting.
read answers (1) Topic: School administration Why can the school administration fire a teacher who has two minors (0 adopted children? read answers (1) Topic: Fire due to layoffs I worked at a school as a teacher, since September 3, 2015 I was fired due to layoffs, I received more vacation pay in summer.
If a teacher has used violence against students, termination of an employment contract on this basis is possible if a teacher uses the following methods against students or pupils: - physical violence in the form of deliberately causing injury and/or damage to a child that causes serious (requiring medical attention) physical impairment, mental health, developmental delays;
– mental violence in the form of threats, insults and humiliation, excessive demands, systematic unfounded criticism, etc. This basis again refers to the so-called disciplinary dismissals. During the disciplinary investigation, the employer must establish the fact of use of violence, its purpose, time, place, and the presence or absence of intent.
Subject: Dismissal A retired teacher wrote a letter of refusal to work in the 1st grade in the next academic year. There are no teaching vacancies at the school. Other work tooread answers (1) Under what article can a teacher be dismissed from school at the age of 70? Please help, otherwise 1st grade will fall apart.
Parents don’t want to go, they take away the applications. read answers (1) Topic: Terminate an employment contract. Can I, as a school director, fire a teacher if he categorically refuses to undergo recertification, citing the fact that certification is not mandatory.
read answers (1) Topic: Current criminal legislationCan I be fired?
I work as a teacher. Convicted under Article 131. Insult in 1994. Punishment: deduction of 20% of wages for three months. read answers (1) Topic: Crimes against life In 2007, he was sentenced to a suspended sentence of 2 years under Article 166. Now I got a job as a school teacher.
But you correctly outlined your position, showing that you will protect your child. When I was a director, I fired one such teacher. According to a written statement from the parents. If there was no statement, I would not have the right to fire.
Agata May 11 2009, 02:34 PM Warn the teacher and school administration that the next time there is an attempt (or even a hint of an attempt) to humiliate a child, further proceedings on this situation will be conducted at the level of the district or city education department.
The teacher was fired
Rights of employees of educational institutions and measures of their social support (as amended by Federal Law of August 22, 2004 N 122-FZ)2.
A disciplinary investigation into violations by a teaching employee of an educational institution of the norms of professional conduct and (or) the charter of this educational institution can only be carried out upon a complaint received against him, submitted in writing. A copy of the complaint must be given to the teacher in question.
This means that official proceedings are possible only upon a written application. Otherwise, only verbal assurances and a demonstration of sincere bewilderment on the part of the administration are possible. I believe that you will choose a solution that takes into account the specifics of the situation as much as possible and protects the child’s rights to normal development and comfortable learning.
Most likely, you will stay to study.
Fire the teacher
And your task is to try to make sure that the teacher matches. Talk first in the parent-teacher format, if you feel “impenetrable”, involve the head teacher again. And also, despite the fact that the teachers are friends, their working style can be completely different.
If you decide to transfer, talk to the prospective new teacher first. This way she won’t have the feeling that she was forced into the child of a “scandalous mother.” I remember a friend of mine, a labor teacher for girls, had a conflict with my student.
Honestly, my friend is a good teacher, I also liked the girl, but there was some kind of fatal discrepancy here, they could not tolerate each other, I had to negotiate so that the girl would go to an interschool plant instead of labor lessons.
Please note that an investigation into whether a teacher has violated the standards of professional conduct or the charter of an educational institution can only be carried out based on a complaint filed against him in writing. In this case, a copy of such a complaint is handed to the employee himself (clause 2 of Article 55 of the Education Law).
We invite you to read: Extended sick leave days are included in compensation upon dismissal
When a repeated disciplinary offense is committed by an employee who already has a disciplinary sanction, an order to apply a penalty in the form of dismissal is issued, which is drawn up in any form.
Although Rostrud, in a letter dated June 1, 2011 No. 1493-6-1, noted that such an order need not be issued. The termination of the employment contract itself is formalized by order in form No. T-8 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). In it, in the “Bases” column, reports, acts and explanatory statements of the employee are indicated.
She says that she considers the conflict to be settled and does not know why the teacher behaves this way (to be honest, this surprised me - not knowing what your own teachers are doing behind your back is strange, especially with such close cooperation) and promised to talk.
What should I do in such a situation? How to get out of it with dignity and without damage to the child’s psyche? Plakamoto May 8 2009, 02:11 PM For me, it’s better to run away from such a gymnasium or change classes (I understand that only your teacher is inadequate).
The child will definitely never feel good in this class. Even if the head teacher talks to her again and disciplines her, the teacher will always find ways to make the child feel bad, the same non-verbal person you are talking about.
In our gymnasium there are only 3 third grades - one is ours, the second is a teacher, with whom our class teacher is on very friendly terms, but the third... - I don’t know, they don’t seem to communicate, but in my opinion she has an overload in terms of students Olgushkin May 11, 2009, 06:43 PM Find those parents and talk to them. Mom Alena May 11 2009, 07:21 PM Talk less about this with your child. Don't focus her attention, this will cause stress even more.
Attention
In other words, you “wind up” the child, making her experience negative emotions again and again. It’s better to gather a group of parents and talk to the teacher, it would be nice if the children didn’t even know about it. At least if you decide to leave the girl in the class.
Whatever the teacher, respect for him is necessary, first of all, for the child.
Teachers teach children, but you need to find a common language not only with them. Sometimes it's harder to get along with your parents. Especially with those who love to give advice on how to teach their child. They know better. Russian language and literature teacher, author of a telegram channel about school life, Daniil Lyakhovich, explains what situations one has to face and what to do.
Mela newsletter
We send our interesting and very useful newsletter twice a week: on Tuesday and Friday
This is what parents-teachers or people with specialized education like to do. If suddenly a parent also has a degree in philology, that’s all, they think that they can tell their child’s teacher what to do and how to do it. As a result, either the parent begins to dislike the teacher, who for some reason does not listen to advice. Or the child begins to persistently hate the teacher’s subject, which mom or dad is unhappy with.
This is about anxious parents. For them, any deviation from the plan or insufficient control over the child is like a volcanic eruption. Any non-standard lessons are a threat to stability and academic performance. Where has it been seen that there is a creative process in the class, and notebooks are not checked? Such parents are convinced that everything needs to be controlled.
I think this is due to the Soviet legacy, when in some schools a pen was tied to the student’s sleeve so that he could write with the correct hand.
As a result, children completely lose the habit of fantasizing, and the teacher, under pressure from such parents, turns in the child’s eyes into a weakling and part of the gray mass, which gives kilometers of incomprehensible and standard tasks.
Such parents do not trust teachers at all and look for tricks everywhere. They examine the teacher under a magnifying glass and interpret every wrong move as a blunder and a sign of incompetence.
Particularly desperate parents spy on teachers and secretly record lessons on their phones, that is, they teach their children to snitch, use earphones, and other vile things. As a result, the child himself stops believing the teacher’s word. And sometimes he even tries to correct him and argue with him.
When they try to put such a student in his place, he gets offended, complains to his parents, and they complain to the administration, and all the trouble goes to the teacher again. They say they are low qualified.
This case is much less common, but still common. Mom remembers her wonderful Russian or history lessons and wants her child to be allowed to write classical essays, but complex material is clearly not in grades 5-6.
Here the inertia of Soviet education and the idea that back then education was better than others comes into play. And today we must leave everything as it was then.
As a result, the child becomes monstrously out of date (hello to the loser complex) or, conversely, rejects parental rules.
This applies to grade-focused parents. For them, a bad mark in an electronic journal is a serious problem. If there are a lot of such grades, according to parents, it means the teacher is unfair and underestimates grades. Such parents, as a rule, are afraid of acquiring a reputation as “parents of poor students.”
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:
Conflict with other teachers
In the teaching environment, you can find the division of the team into certain groups, but open irreconcilable conflicts on this basis rarely arise.
Most often, such a conflict arises between the head of the educational department and a regular teacher. It may be associated with unreasonable nagging or with an unfair (in the opinion of teachers) distribution of the teaching load.
A conflict of this kind is not formal in nature and is not grounds for dismissal. However, creating an unhealthy environment in the work of the team forces the boss to figure out who is to blame and look for workarounds to solve the problem.
Noticed a mistake? Select it and press Ctrl Enter to let us know.
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.
Anonymous complaint against a teacher
Worried about the well-being of the child and his future relationship with the teacher, parents seek to write an anonymous complaint. However, such claims are usually not considered. This is due to the fact that the response to the received document must be sent to a specific address. If it is missing, employees of authorized bodies will not be able to report on the measures taken.
Attention
There are exceptions to the rule. If the document reports information about serious violations by teachers, an audit may still be carried out.
Such situations include:
- threats of terrorist acts;
- crime against the life of a student;
- crime against the health of students.
An anonymous complaint is drawn up according to a standard template, but the personal data of the applicant is not indicated.
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.
Complaint against a teacher to the Department of Education
It is necessary to contact the Department of Education in a situation where a teacher gives grades that do not correspond to the child’s knowledge and uses incorrect educational methods. Having received the paper, employees of the Department of Education will study it and then conduct an inspection at the school.
A complaint sent to a government agency does not differ significantly from a similar paper sent to the educational institution itself. The only difference will be the address of the claim. The order and structure of the document remains the same. You can download a ready-made claim sample here.
