The personality of the teacher at all times remained the main tool for raising and educating children. A high-level professional in any specialty is not able to convey his extensive knowledge to students without the desire and ability to do this.
Professional unsuitability is manifested in different areas of the teacher. Often her assessment becomes subjective. However, there is a category of citizens whose permission to communicate with children and engage in their education is simply unacceptable. The personality of the teacher leaves an imprint on the future life of the child and, if negatively affected, can cause irreparable harm.
Therefore, the state legally protected students from individuals who may cause moral, physical and psychological damage, and deprived such people of the right to engage in pedagogical activities.
Educational activities
Pedagogical activity is the process of transferring spiritual and applied knowledge as a result of conscious education and upbringing. The competence of the teacher consists of his theoretical and practical readiness for his profession. It requires organizational, analytical, communicative, projective skills.
The need for pedagogical activity is said when society needs to transfer knowledge and experience from generation to generation. The society makes high demands on the personality of the teacher, his culture, moral qualities, physical and mental health.
The teacher must love the children and want to engage in their upbringing. He possesses knowledge of developmental psychology and has an idea about the planning of the educational and educational process, taking into account the individual characteristics of the student. Being a professional in a certain scientific field, the teacher understands his subject and can pass this knowledge on to children at all stages of training.
But sometimes such a certified teacher is deprived of the right to work as a teacher or cannot be employed in an educational institution.
Article 331 of the Labor Code of the Russian Federation
The new edition of the article clarifies who has the right to work in pedagogy.
Admission is subject to educational qualifications. This is the level of professional education and qualification of the teacher, corresponding to the requirements of the educational institution for the position for which the candidate is applying. Experts who are invited to conduct classes are exempt from compliance with the educational qualifications.
This article concerns the conclusion of an employment contract with a teacher in the institutions mentioned in the approved list.
She also indicates that the following persons are not allowed to participate in pedagogical activities:
- deprived of the right to teach;
- convicted under certain criminal articles;
- convicted under serious penalties for any offenses;
- incapacitated and persons with certain diseases.
Separately, the possibility of a return to pedagogical activity for persons with a canceled conviction for crimes that do not constitute a danger to society is stipulated.
Who is deprived of the right to be a teacher
The leadership of the educational institution removes the teacher from work when the court deprives him of the right to engage in teaching activities for a specified period as the main or additional form of punishment.
A teacher cannot be allowed to work if law enforcement authorities have notified the administration of the Shelter that he has been prosecuted for crimes against:
- life, health, freedom, honor and dignity of a person;
- sexual freedom and integrity;
- families and minors;
- public health;
- public morality;
- the foundations of the constitutional system and state security;
- peace and security of mankind;
- public safety.
Temporary suspension from work may occur at the initiative of the management of the educational institution until the circumstances of the teacher’s illegal actions are clarified, that is, before administrative or criminal liability is incurred. But to deprive him of the right to be a teacher is possible only on the basis of a court decision that has entered into legal force.
Who will not be hired as a teacher
The state decided that persons with a criminal past are not allowed to engage in pedagogical activities. A certificate of no criminal record is now compulsorily requested from everyone who gets a job in the field of education.
According to the law, they will not be allowed to work in the field of education:
- if there is an unexpunged or outstanding conviction for intentional grave and especially grave crimes;
- if there was a criminal record for crimes against the person;
- if previously there was a deprivation of the right to engage in pedagogical activities;
- if the fact of incapacity is officially established;
- if there are diseases from the list specified in federal law.
For certain crimes, citizens of the Russian Federation have a life-long ban on any work in educational institutions.
What is the prosecution?
The fact of criminal prosecution becomes a force majeure obstacle for employment in the field of education. The fact of persecution is said when a criminal case has been instituted against a specific person.
It may be closed for objective reasons. The law also provides for cases when a crime is re-classified from criminal to administrative.
There is a difference between persecution and deed. The criminal case may continue, as there has been a crime, but the suspect is exempted from prosecution because of his innocence. Only a court convicts a citizen of the Russian Federation or withdraws criminal prosecution from him. Therefore, a court decision is the basis for the prohibition to engage in pedagogical activities or to restore the teacher in his rights.
Teacher disability
Disability is established by the court at the request of relatives with the participation of a representative of the guardianship authorities. A citizen may be declared incompetent in full or in part. Minors under 16 years of age are considered to be completely incompetent by age, from 16 to 18 years of age - in part, judicial confirmation of this fact is not required.
Partial incompetence with the mandatory appointment of a guardian is recognized by the court in the event that a citizen uses drugs or alcohol to such an extent that this entails a significant deterioration in the financial condition of the family and threatens the life and health of dependent children.
If a person has developed a mental disorder and he cannot adequately perceive reality, bear responsibility for his actions, then he can be recognized as incompetent in full. In this case, the court sends the citizen in respect of whom the application has been submitted for a mandatory psychiatric examination in order to receive a certificate of his condition from the medical commission.
When a teacher is hired, the administration of a public institution cannot require a certificate of legal capacity and does not have the right to make a corresponding request to a court or psychiatric clinic.When revealing the fact of concealment of partial or complete incapacity established in court, the employment contract is terminated, because people with mental disabilities are not allowed to engage in teaching activities.
Diseases incompatible with educational work
The Labor Code of the Russian Federation in 2006 was supplemented by a provision stating that persons with diseases specified in the approved list are not allowed to work in educational institutions.
To date, this list has not been created by lawmakers, therefore, they are guided by a list of psychiatric diseases in which activities associated with increased danger are contraindicated and instructions of the USSR Ministry of Health on the prohibition of working with children for people with open tuberculosis.
In order to identify unsuitability for psychiatric reasons, professional educators should be examined every 5 years. Other diseases, including infectious and infectious, are detected during the annual examination, the results of which are entered in the employee’s personal medical book.
Exceptions for convicted by decision of the commission
If the convicted teachers believe that their past will not affect working with children, their criminal punishment did not imply a life deprivation of the right to engage in pedagogical activities and there is no outstanding criminal record, that is, the opportunity to allow them to work in the field of education. This issue is considered individually on a personal statement.
The Commission on Juvenile Affairs under the administration of the village studies all the circumstances of the loss of the right to work with children and assesses the degree of danger of the applicant to society at the moment. If a person has been convicted of a sexual offense or any serious one, his statement cannot be accepted and considered by the commission, since according to the law, persons who have lost this right for life are not allowed to be involved in teaching.
After 30 days, a written response is issued to the hands. In case of refusal, the former teacher may challenge the decision of the commission in court.
Legal status of a teacher
The legal status of a teacher is the system of rights and freedoms adopted by law, which includes:
- labor rights, social guarantees and compensation;
- academic rights and freedoms;
- duties and responsibilities;
- restrictions.
The special position of teachers in society and the prestige of their work is recognized by the state. To increase the importance of education, raise the level of teaching and culture, teachers are given a number of academic rights and freedoms, including the choice of forms of teaching, the manifestation of creativity, the development of curricula, the protection of professional honor and dignity, and participation in scientific and educational associations.
Teacher Requirements
The requirements for a teacher are not limited to professional ones. Society expects from him high moral qualities, intelligence, culture, erudition and sociability.
While all pedagogical activity is classified and evaluated according to a strictly established system, part of it is based on the ability to create and improvise in the learning process. With the talent of a teacher and a creator, not everyone is born. But you can develop the required pedagogical abilities:
- organizational;
- scientific and educational;
- didactic;
- communicative;
- perceptual suggestive;
- research.
A great role in education and upbringing is played by the teacher’s human qualities, such as mental sensitivity, friendliness, optimism, hard work and patience. Pupils, their parents and the leadership of the OS require only positive personality traits from the teacher.
Educational Positions
The positions of educators are divided into three levels:
- Managers: directors, superiors, managers.
- Teachers: teachers, teachers, psychologists, speech therapists, methodologists and others.
- Support staff: attendant, secretary, assistant teacher, etc.
Support staff is not required to have a teacher education.
Depending on the level of the position held, employees must meet certain requirements in terms of qualifications, which is checked by regular certifications.
Certification of teachers
Workers in the field of education, which belong to the group of teachers, are periodically tested for compliance with their positions. This is called teacher certification.
Certification Objectives:
- stimulate professional and personal growth;
- to improve the quality of pedagogical work;
- identify the need for continuing education;
- evaluate untapped potential;
- determine the qualification category for establishing the level of remuneration.
The task of the leadership of the educational institution is to conduct certification of teachers in an open form in compliance with the conditions of transparency and collegiality for objectivity in assessing and eliminating discrimination.
A teacher who wishes to undergo certification for advanced training submits an application at any time when he considers himself ready for this. Certification is mandatory every 5 years, even if the teacher has not expressed his desire.
In the certification of teachers, the main focus is on 3 areas:
- Performance of duties related to a specific position.
- Compliance with the level of knowledge of the established requirements.
- The level of professional training and work experience.
Refusal to the teacher in the employment
For employment in an educational institution, applicants apply directly to the employer or to the employment service. The presence of a vacancy and the direction of an interview from a recruitment agency do not guarantee a job. In this case, a candidate for a vacant position has the right to request a written refusal from the employer.
If the employment did not take place for subjective reasons and in violation of the Labor Code of the Russian Federation, this can be appealed in court. All reasons for refusal, not related to the business qualities of the candidate, can be challenged.
All reasons provided for by Art. 331 of the Labor Code of the Russian Federation.
It is impossible to refuse to conclude an employment contract:
- to citizens upon previously agreed transfer from another DT;
- young professionals if there is an application at the educational institution that distributed them;
- disabled persons sent to vacant places on account of the quota.
Violation of the Labor Code of the Russian Federation in employment
The head of the public institution does not have the right to hire a person who:
- does not correspond to a vacant post in educational qualification or level of qualification;
- Is deprived of the right to engage in pedagogical activities;
- does not have a certificate of passing a preliminary medical examination;
- did not provide a certificate of criminal record;
- has or had a previous conviction for certain offenses;
- has an outstanding or unexpunged criminal record for serious crimes;
- did not submit a full package of documents for employment.
An applicant may also violate the law during employment if he provides fake education documents or a certificate of criminal record that does not correspond to reality. The teacher is also responsible for concealing the fact of his full or partial incapacity or the presence of a disease both when applying for a job and during the implementation of educational pedagogical activity.