The education sector is one of the most important in the entire life of the state. All employees who are employed in it make an invaluable contribution to the future of the country and its population. That is why the state guarantees the special legal status of teachers. What does it consist of and what elements does it consist of? About it further.
General concept
The legal status of teachers means a combination of the entire spectrum of possible freedoms and rights guaranteed by the state. In addition, the concept of legal status also includes social guarantees, additional opportunities, special types of responsibility reflected in the legislative framework of the Russian Federation.
The legal status of a teacher is a set of special guarantees that makes it possible for these individuals to carry out their professional activities in society. The state provides all the opportunities necessary to maintain and develop the level of each employee in the field of education. In addition, the country regularly holds events aimed at maintaining and increasing the social significance of workers in this field.
Legislation
The rights of teachers of education are enshrined in the provisions of various regulatory documents. An example of this is the norms specified in the articles of the Labor Code of the Russian Federation. This issue is also widely disclosed in the Law of the Russian Federation "On education" - in article 47 "The legal status of teachers". This article contains a large number of provisions that reflect the full range of rights, freedoms and guarantees that the country guarantees to employees in this field.
Who are the teachers
All elements that are understood by the legal status of teachers can only be used by persons belonging to this category. So, who can be called a teacher? The legislator clearly defines the circle of persons who may be so named. Article 46 of the Law "On Education" states that those who are engaged in educational activities are in employment relations with the relevant organizations registered in the established manner. In addition, this employee must engage in the organization of the educational process, its conduct or carry out educational work. Only an individual may be recognized as an education worker.
In accordance with the concept given in this article, we can conclude that the category of educational workers include educators of preschool institutions, teachers at school, as well as in higher education institutions. These include teachers who provide additional education: speech therapists, psychologists, organizers, etc.
Of freedom
Under the legal status of a teacher is understood as a set of certain freedoms that can be realized only by carrying out their professional activities. A list of such is proposed in the legislation, these freedoms are inalienable and inherent in any employee in the field of education.
The legislator in his acts prescribes that each employee in the field of education is free to engage in his own teaching activities and express his opinion, regardless of circumstances.In addition, all teachers are protected by the state from any interference in the conduct of their activities related to the performance of professional duties.
Among the rights and freedoms of teachers is also determined the freedom of their right to choose in the use of materials that are necessary for the transfer of knowledge to pupils and students. Within this opportunity, he can choose any teaching technology, as well as use his own personally developed techniques.
The rights
As already mentioned above, the legal status of a teacher is a combination of not only his freedoms, but also his rights.
In accordance with the provisions of the legislation on education, any teacher has the right to creative initiative in the process of developing various training programs and technologies. In this area, the legislator welcomes innovation, for which employees in the field of education are often awarded various insignia. Any employee in this field has the right to develop new teaching methods in their industry, however, these techniques should not contradict the law. In the learning process, they can offer students and students to use books of certain authors and literature, which is the easiest to perceive, in their opinion. However, here the legislator also notes that their content should be consistent with the recommended program and not contradict the law.
Any teacher has the right to conduct his own scientific activities, as well as engage in creativity, as well as the creation of individual educational areas and programs. This activity, subject to its usefulness to society, is also marked by the state with various types of awards. In the process of their education, they have free use of library resources, as well as educational services that the state offers.
An employee in this field has the right to participate in the management of educational organizations. However, as practice shows, exclusively outstanding employees are elected to such posts, especially, this applies to higher educational institutions. Occupying senior positions, employees of institutions have the right to participate in resolving organizational issues related to its activities, as well as discuss issues related to educational activities, participating in collegial meetings.
The professional rights of teachers include the ability to protect professional honor and dignity. They also have a special opportunity to participate in the resolution of disputes that are held in a special commission between participants in educational relations, as well as become their initiators.
Labor rights
If we talk briefly about the legal status of teachers in the labor sector, it should be noted the increased duration of leave for them. In addition to the main annual vacation, each teacher has the right to take an annual vacation to rest, and the legislator obliges him to do this no less than once every 10 years. As for the additional duration of the main vacation, it ranges from 42 to 56 days.
In addition to special conditions for vacation, employees of educational institutions are presented with a shorter working day. In total, the number of working hours for this category of workers is 36 per week. If we talk about teachers of musical institutions, then for them a total duration of 20 hours is established, and for educators and persons supervising children - 25.
Working time
The working hours of educational workers are calculated according to a special plan.Different types of work may be included in this period: teaching, educational work, organizational or methodological, as well as other types of activities that are related to the implementation of professional duties. The period of the exam, as well as the time spent on retraining and advanced training is also considered to be working, and is paid at a separate established tariff (this rate is determined individually by the territorial units of the Russian Federation). As for the advanced training procedure, in the course of the recent legislative changes, education staff can carry out their training more often than before - once every three years (previously - once every five years). The employer must take all costs associated with additional training at his own expense.
The legal status of teachers includes a whole range of labor rights, within the framework of which an agreement must be concluded with each employee. It is in its content that an individual work schedule should be indicated, on the basis of which all payments of funds are made.
Social guarantees
What are the features of the legal status of teachers? First of all, it consists in providing special social guarantees peculiar only to certain categories of workers.
In particular, for employees in the field of education, early retirement is proposed, in some cases, long before they reach the age established by law. This right is established by the Law "On Pension Payments", which is the same for the whole of Russia. To assign cash benefits under social security, you must have at least 25 years of work experience in the field of education.
A number of social guarantees for teachers also provide for the possibility of an extraordinary receipt of housing under social rental agreements. Specialized housing funds for such a group of people also provide housing out of turn. In addition, all educational personnel who live in remote areas, but who work in the city themselves, are entitled to receive monetary compensation for expenses associated with renting housing near their place of work. In addition, the state is obliged to provide funds for utility bills in this dwelling (water, electricity, as well as expenses associated with heating the room).
Federal laws of certain territorial units of the Russian Federation may also prescribe special social guarantees for educational workers. The essence of additional opportunities should not contradict the legislation that is valid within Russia.
A huge range of social and other guarantees for educational workers is established by the state not only in order to support existing workers and provide them with normal living conditions. In addition, one of the country's tasks is to attract new personnel to the structure of teachers who will be well educated and able to pass on the knowledge they have received to other generations. Future teachers are trained at higher and middle-level educational institutions. Practically in each of them there is a significant share of training places, which are financed from funds taken from the federal or local budgets.
Duties
The legal status of teachers is also constituted by certain duties that are prescribed by law for mandatory performance. All of them are directly related to the professional activities of employees.
First of all, any employee in the field of education is obliged to carry out all his actions at a high professional level, providing the maximum possible amount of knowledge in the most accessible form. Any teacher must fully provide the set of knowledge prescribed for the curriculum in a specific academic discipline.
What is prohibited for educational staff
All teaching staff have the right to conduct training activities and teach in educational institutions. However, if these actions are carried out on a paid basis and such activity is contrary to the interests of the educational institution, that is, it is not established by its charter or orientation, then, in this case, proportional punishment measures may be applied to this employee.
The legislator also prohibits all teachers from using their position for agitation. In the event that an education worker forces pupils or students to adopt a certain faith or become an adherent of a particular political party, he may be subject to the punishment established by law. In addition, teachers are prohibited during the submission of teaching materials to provide information that can incite hatred on various principles: religious, racial, sexual, etc. Encouraging pupils and students to those actions that are prohibited by law are also punishable by the measures specified in the articles Criminal and Administrative Codes.
A responsibility
The legal status of teachers also includes such an element as responsibility. This concept implies certain consequences that occur as a result of the commission of any illegal actions. Thus, the employees of the education system bear the responsibility established by law in full, in the event that they commit crimes or offenses in any sphere of public life. In addition, such employees, along with everyone, may be subject to disciplinary liability for violation of internal regulations, as well as labor discipline.
As for misconduct in the professional sphere, all of them are taken into account in the process of passing certification by employees of the educational sphere. It is during this period that an analysis is made of all actions related to the failure to fulfill one's official duties.