Regulations on the legal status of a pedagogical worker. academic rights and freedoms of teaching staff

REGULATIONS ON THE LEGAL STATUS OF THE PEDAGOGICAL WORKER. ACADEMIC RIGHTS AND FREEDOM OF PEDAGOGICAL WORKERS.

1. General Provisions

2. Academic rights and freedoms

3. Labor rights and social guarantees

4. Working hours

5. Professional development

6. Responsibilities

7. Responsibility

1. General Provisions

1.1. This provision has been developed in accordance with the Constitution of the Russian Federation, the Law "On Education in the Russian Federation" No. 273-FZ of December 29, 2012, the Labor Code of the Russian Federation, as amended. No. 90-FZ of 30.07.2006, Decree of the Government of the Russian Federation of 04.30.2003 No. 191 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers”, order of the Ministry of Education and Science of the Russian Federation of 03.27.2006 No. 69 "On the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions", by order of the Ministry of Education and Science of the Russian Federation dated December 24, 2010 No. 2075 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers

1.2. The legal status of a teacher is a set of rights and freedoms (including academic ones), labor rights, social guarantees and compensations, restrictions, duties and responsibilities, which are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

1.3.According to the law on education, "a pedagogical worker is an individual who is in an employment, service relationship with an organization that carries out educational activities, and performs the duties of training, educating students and (or) organizing educational activities." Therefore, this is a teacher, educator, teacher of additional education, teacher, teacher-organizer, teacher-speech therapist, teacher-psychologist, etc.

1.4. Persons with a secondary vocational or higher education and who meet the qualification requirements specified in the qualification reference books and (or) professional standards have the right to engage in pedagogical activities. Qualification requirements and professional standards are specified in the job descriptions of teachers.

2. ACADEMIC RIGHTS AND FREEDOM OF PEDAGOGICAL WORKERS.

2.1. Pedagogical workers have the right to freedom of teaching, free expression of their opinion, freedom from interference in their professional activities.

2.2. Pedagogical workers are free to choose and use pedagogically sound forms, means, methods of teaching and education.

2.3. Pedagogical workers have the right to creative initiative, development and application of author's programs and methods of teaching and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module).

2.4. Pedagogical workers have the right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program of the school and in the manner prescribed by the legislation on education.

2.5. Pedagogical workers have the right to participate in the development of educational programs, including curricula, academic calendars, working subjects, courses, disciplines (modules), methodological materials and other components of the educational programs of the school.

2.6. Pedagogical workers have the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, developments and innovations.

2.7. Pedagogical employees have the right to free use and access, in the manner prescribed by the local regulations of the school, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the quality implementation of pedagogical activities.

2.8. Pedagogical workers have the right to free use of educational, methodological and scientific services of an organization engaged in educational activities, in the manner prescribed by Russian law and local regulations.

2.9. Pedagogical workers have the right to participate in the discussion of issues related to the organization and provision of the educational process of the school.

2.10. Pedagogical workers have the right to association in public professional organizations.

2.11. Teachers have the right to apply to the commission for the settlement of disputes between participants in educational relations.

2.12. Pedagogical workers have the right to protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of pedagogical workers.

2.13. The academic rights and freedoms of teachers must be exercised with respect for the rights and freedoms of other participants in educational relations.

3. Labor rights and social guarantees

3.1. Pedagogical workers enjoy the following labor rights and guarantees: the right to a shorter working week, to an annual basic extended paid leave, to a long vacation for up to one year at least every ten years of continuous teaching work, to early appointment of an old-age labor pension , to provide pedagogical workers out of turn with residential premises under social rental agreements, the right to provide residential premises of a specialized housing stock, as well as other labor rights, social support measures established by federal laws and legislative acts of the constituent entities of the Russian Federation.

3.2. The subjects of the Russian Federation are legally entitled to establish additional measures of state support for graduates of professional educational organizations and educational organizations of higher education involved in pedagogical activities (young specialists).

3.3. According to the law on education, the salaries (official salaries) of teachers include the amount of monthly monetary compensation for the provision of book publishing products and periodicals, established as of December 31, 2012

4.Working time

4.1. The working hours of teaching staff, depending on the position held, include educational (teaching), educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work provided for by labor (official) duties and (or) individual plan, - methodological, preparatory, organizational (preparation and work with students, parents, the public, participation in meetings, meetings, duty, etc.), diagnostic, monitoring work, work provided for by plans for educational, sports and recreational , sports, creative and other events held with students.

4.2. Article 333 of the Labor Code of the Russian Federation establishes a reduced working time for teachers - 36 hours per week. The working time of a teacher consists of normalized and non-standardized parts. The norm of study hours for the wage rate is set in astronomical hours - 18 hours, so the breaks between classes, with a 45-minute lesson, are the teacher's working time, which he uses on duty (looking after the children in the office), preparing for the next lesson, including airing the classroom, catering for children, educational, individual, etc. work. The wage rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by job duties and qualification characteristics.

4.3. The mode of performing teaching work is regulated by the schedule of training sessions.

4.4. The non-regulated part of the working time is not performed on certain working days of the week, but is calculated for longer periods by the school's work plans for the year, month, MO plans, class teacher plans, calendar schedule, etc. the establishment of any norms of time for its implementation, artificially increasing the working time of pedagogical workers in excess of its normalized part related to teaching, with the exception of the norm of time for duty during the educational process.

4.5. The mode of working time and rest is determined by the employment contract, local regulations, work schedules and class schedules.

5. Professional development

5.1. Pedagogical workers have the right to additional professional education in the field of pedagogical work at least once every three years.

6. Responsibilities

6.1.. A teacher, having certain rights, also bears certain duties, incl. he must carry out his activities at a high professional level, ensure the full implementation of the work program, develop students' cognitive activity, independence, initiative, creativity, form a civic position, the ability to work and live, form a culture of a healthy and safe lifestyle.

6.2..At the same time, he is obliged to apply pedagogically sound and high-quality education forms, methods of education and upbringing; take into account the peculiarities of the psychophysical development of students and their state of health, observe the special conditions necessary for education by persons with disabilities, interacting, if necessary, with medical organizations; comply with legal, moral and ethical standards, requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

6.3. The teacher is also obliged to systematically improve his professional level; undergo certification for compliance with the position held, medical examinations (when applying for a job, periodic, extraordinary), training and testing of knowledge and skills in the field of labor protection, comply with the charter, internal labor regulations and other local acts of the educational organization.

6.4. Specific job responsibilities for the profile of pedagogical work are established by the job description.

6.5. The teaching staff is prohibited from:

provide paid educational services to students of the educational organization in which he works;
use educational activities for political agitation, forcing students to accept political, religious or other beliefs or renounce them, to incite social, racial, national or religious hatred, for agitation promoting exclusivity, superiority or inferiority of citizens on the basis of social, racial, national , religious or linguistic affiliation, their attitude to religion, including by providing students with false information about the historical, national, religious and cultural traditions of peoples, as well as to encourage students to take actions that are contrary to the Constitution of the Russian Federation.

7. Responsibility

7.1. Non-fulfillment or improper fulfillment by teachers of their duties is taken into account when they pass certification.

7.2. Teachers are responsible for non-performance or improper performance of their duties in the manner and in cases established by the legislation of the Russian Federation.

7.3. The term of the provision is not limited. When legislation changes, changes are made to the act in the prescribed manner.

Ph.D. Merkushin A.V.

FGBOU VPO "Mordovia State

Institute named after M.E. Evsevyeva"

2) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the educational program being implemented, a separate academic subject, course, discipline (module);

3) the right to participate in the development of educational programs, including curricula, academic calendars, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;

4) the right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;

5) the right to free use of educational, methodological and scientific services of an organization engaged in educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;

6) the right to free use of libraries and information resources, as well as access, in the manner prescribed by local regulations of an organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations engaged in educational activities;

7) the right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.

A number of academic rights of a teacher are associated with the educational organization in which he carries out his activities. Among them:

- the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization;

- the right to participate in the discussion of issues related to the activities of an educational organization, including through management bodies and public organizations;

– the right to join public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

- the right to apply to the commission for the settlement of disputes between participants in educational relations.

The legislator emphasizes that the above academic rights and freedoms should be exercised on the basis of a number of principles:

- with respect for the rights and freedoms of other participants in educational relations;

– requirements of the legislation of the Russian Federation;

- the norms of professional ethics of pedagogical workers, enshrined in the local regulations of the organization carrying out educational activities.

The last principle in the context of its practical implementation often leads to conflict situations between students and teachers. This is largely determined by the subjective perception of the norms of professional ethics by a particular teacher. Thus, the academic rights and freedoms of teaching staff cannot be exercised in violation of the norms of professional ethics, the rights and freedoms of other participants in the educational process. Academic freedom corresponds to the obligation to use it conscientiously and in accordance with the professional duty of a teacher, aimed at solving modern problems facing society, ensuring the preservation of historical and cultural heritage.

Literature

1. Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” // Collection of Legislation of the Russian Federation. - 2012. - No. 53. - Art. 7598.

2. Ageshkina, N. A. Protecting the interests of schoolchildren and students in obtaining education / N. A. Ageshkina. - M. : Omega-L, 2008. - 160 p.

3. Andreev, A. A. Problems of university teachers in the eLearning environment / A. A. Andreev // Higher education in Russia. - 2009. - No. 9. - P. 15–23.

1. Persons with a secondary vocational or higher education and who meet the qualification requirements specified in the qualification reference books and (or) professional standards have the right to engage in pedagogical activities.

2. The nomenclature of positions of teaching staff of organizations engaged in educational activities, positions of heads of educational organizations is approved by the Government of the Russian Federation.

1. The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities, which are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

2. The Russian Federation recognizes the special status of teaching staff in society and creates conditions for them to carry out their professional activities. Pedagogical workers in the Russian Federation are granted rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing the social significance and prestige of pedagogical work.

3. Pedagogical workers enjoy the following academic rights and freedoms:

1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;

2) freedom of choice and use of pedagogically sound forms, means, methods of education and upbringing;

3) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module);

5) the right to participate in the development of educational programs, including curricula, calendar study schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;

6) the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, developments and implementation of innovations;

7) the right to free use of libraries and information resources, as well as access, in the manner prescribed by local regulations of an organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations engaged in educational activities;

8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;

9) the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization;

10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;

11) the right to associate in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

12) the right to apply to the commission for the settlement of disputes between participants in educational relations;

13) the right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.

4. The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the norms of professional ethics of teachers, enshrined in the local regulations of the organization carrying out educational activities.

5. Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;

2) the right to additional professional education in the profile of pedagogical activity at least once every three years;

3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;

4) the right to a long vacation for a period of up to one year at least every ten years of continuous pedagogical work in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of education;

5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;

(as amended by Federal Law No. 216-FZ of July 21, 2014)

6) the right to provide teaching staff who are registered as in need of residential premises, out of turn residential premises under social rental agreements, the right to provide residential premises of a specialized housing stock;

7) other labor rights, measures of social support established by federal laws and legislative acts of the constituent entities of the Russian Federation.

6. The working hours of teaching staff, depending on the position held, include educational (teaching) and educational work, including practical training of students, individual work with students, scientific, creative and research work, as well as other pedagogical work provided for by labor (official ) responsibilities and (or) an individual plan, - methodological, preparatory, organizational, diagnostic, monitoring work, work provided for by plans for educational, physical culture, recreation, sports, creative and other activities conducted with students. Specific labor (official) duties of teachers are determined by labor contracts (service contracts) and job descriptions. The ratio of educational (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee.

(as amended by Federal Law No. 389-FZ of December 29, 2015)

8. Pedagogical workers living and working in rural settlements, workers' settlements (urban-type settlements) are entitled to compensation for the cost of paying for housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses related to the provision of these measures of social support to pedagogical workers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of the budgetary allocations of the federal budget, and pedagogical workers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the subjects of the Russian Federation and are provided at the expense of budget appropriations of the budgets of the constituent entities of the Russian Federation.

9. Pedagogical workers of educational organizations participating, by decision of authorized executive authorities, in conducting a unified state exam during working hours and released from their main work for the period of conducting a unified state exam, are provided with guarantees and compensations established by labor legislation and other acts containing labor law norms . Pedagogical workers participating in the unified state exam are paid compensation for their work in preparing and conducting the unified state exam. The amount and procedure for payment of the specified compensation are established by the constituent entity of the Russian Federation at the expense of budgetary appropriations from the budget of the constituent entity of the Russian Federation allocated for the conduct of the unified state exam.

10. In order to attract graduates of professional educational organizations and educational organizations of higher education to teaching activities, state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support.

1. Pedagogical workers are obliged:

1) carry out their activities at a high professional level, ensure the full implementation of the taught subject, course, discipline (module) in accordance with the approved work program;

2) comply with legal, moral and ethical standards, follow the requirements of professional ethics;

3) respect the honor and dignity of students and other participants in educational relations;

4) to develop in students cognitive activity, independence, initiative, creative abilities, to form a civic position, the ability to work and live in the conditions of the modern world, to form a culture of a healthy and safe lifestyle among students;

5) apply pedagogically sound forms and methods of education and upbringing that ensure a high quality of education;

6) take into account the peculiarities of the psychophysical development of students and their state of health, comply with the special conditions necessary for the education of persons with disabilities, interact, if necessary, with medical organizations;

7) systematically improve their professional level;

8) undergo certification for compliance with the position held in the manner prescribed by the legislation on education;

9) undergo, in accordance with labor legislation, preliminary medical examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer;

10) undergo training and testing of knowledge and skills in the field of labor protection in accordance with the procedure established by the legislation of the Russian Federation;

11) comply with the charter of the educational organization, the regulation on the specialized structural educational unit of the organization providing training, the internal labor regulations.

2. A pedagogical worker of an organization carrying out educational activities, including as an individual entrepreneur, is not entitled to provide paid educational services to students in this organization if this leads to a conflict of interests of a teaching worker.

3. Pedagogical workers are prohibited from using educational activities for political agitation, forcing students to accept political, religious or other beliefs or renounce them, to incite social, racial, national or religious hatred, for agitation promoting exclusivity, superiority or inferiority of citizens on the grounds of social, racial, national, religious or linguistic affiliation, their attitude to religion, including by providing students with false information about the historical, national, religious and cultural traditions of peoples, as well as to encourage students to act contrary to the Constitution of the Russian Federation.

4. Pedagogical workers are liable for non-fulfillment or improper fulfillment of their duties in the manner and in cases established by federal laws. Non-fulfillment or improper fulfillment by pedagogical workers of the duties provided for by part 1 of this article is taken into account when they pass certification.

1. Certification of teaching staff is carried out in order to confirm the compliance of teaching staff with their positions based on an assessment of their professional activities and at the request of teaching staff (with the exception of teaching staff from among the teaching staff) in order to establish a qualification category.

2. The certification of teaching staff in order to confirm the compliance of teaching staff with their positions is carried out once every five years on the basis of an assessment of their professional activities by certification commissions, independently formed organizations engaged in educational activities.

3. Carrying out attestation in order to establish the qualification category of pedagogical workers of organizations engaged in educational activities and being under the jurisdiction of federal executive authorities is carried out by attestation commissions formed by federal executive authorities in whose jurisdiction these organizations are, and in relation to pedagogical workers of organizations engaged in educational activities and are under the jurisdiction of the subject of the Russian Federation, pedagogical workers of municipal and private organizations engaged in educational activities, this attestation is carried out by attestation commissions formed by authorized state authorities of the constituent entities of the Russian Federation.

4. The procedure for the certification of teaching staff is established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of education, in agreement with the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of labor .

1. In organizations carrying out educational activities for the implementation of educational programs of higher education and additional professional programs, the positions of teachers and scientists who are related to scientific and pedagogical workers are provided. Pedagogical workers belong to the teaching staff of these organizations.

2. Scientific workers of educational organizations, along with the rights provided for by the legislation on science and state scientific and technical policy, have the right to:

1) be a member of the collegiate management bodies of the educational organization in accordance with the procedure established by the charter of the educational organization;

2) participate in the discussion of issues related to the activities of the educational organization;

3) choose methods and means of conducting scientific research that meet security measures, most fully correspond to the characteristics of scientific research and ensure their high quality;

4) use the educational, methodological and scientific services of an educational organization free of charge in the manner prescribed by the legislation of the Russian Federation or local regulations of an educational organization.

3. Researchers of an educational organization, along with the duties stipulated by the legislation on science and state scientific and technical policy, are obliged to:

1) to form students' professional qualities in their chosen profession, specialty or area of training;

2) to develop students' independence, initiative, creative abilities.

1. The head of the educational organization in accordance with the legislation of the Russian Federation and the charter of the educational organization:

1) is elected by the general meeting, conference of employees (general meeting, conference of employees and students) of the educational organization with subsequent approval by the founder of the educational organization;

2) is appointed by the founder of the educational organization;

3) is appointed by the President of the Russian Federation in cases established by federal laws;

4) appointed by the Government of the Russian Federation (for rectors of federal universities).

2. Candidates for the position of head of an educational organization must have a higher education and meet the qualification requirements specified in the qualification reference books for the relevant positions of heads of educational organizations and (or) professional standards.

3. It is prohibited to occupy the position of the head of an educational organization by persons who are not allowed to teach on the grounds established by labor legislation.

4. Candidates for the position of the head of a state or municipal educational organization and its head (with the exception of the heads specified in paragraphs 3 and 4 of part 1 of this article) undergo mandatory certification. The procedure and terms for attestation of candidates for the position of head and head of a state or municipal educational organization are established by the founders of these educational organizations. In cases established by the legislation of the Russian Federation, candidates for the position of head of a federal state educational organization are also coordinated with the federal state body authorized by the President of the Russian Federation.

5. The official duties of the head of a state or municipal educational organization, a branch of a state or municipal educational organization cannot be performed concurrently.

6. The rights and obligations of the head of the educational organization, his competence in the field of management of the educational organization are determined in accordance with the legislation on education and the charter of the educational organization.

7. The heads of educational organizations are granted, in the manner established by the Government of the Russian Federation, the rights, social guarantees and measures of social support provided for teachers by paragraphs 3 and 5 of part 5 and part 8 of article 47 of this Federal Law.

8. The head of an educational organization is responsible for the management of educational, scientific, educational work and organizational and economic activities of an educational organization.

9. Features of the filling of positions, appointment to positions and the status of the head of a federal state educational organization that trains personnel in the interests of the defense and security of the state, ensuring law and order, are determined in the manner established by federal laws.

10. Features of the election, appointment and status of the head of a private educational organization are determined in the charter of a private educational organization in accordance with labor legislation.

11. In an educational organization of higher education, by decision of its academic council, the position of president of an educational organization of higher education may be established.

12. Combining the positions of the rector and president of an educational organization of higher education is not allowed.

13. The procedure for electing the president of an educational organization of higher education and his powers are determined by the charter of an educational organization of higher education.

14. After the election of the president of a state or municipal educational organization of higher education, an employment contract is concluded between him and the founder of this educational organization for a period of up to five years. Termination of an employment contract with the president of a state or municipal educational organization of higher education is carried out on the grounds established by labor legislation, including the grounds for terminating an employment contract with the head of this educational organization.

1. In educational organizations, along with the positions of pedagogical workers, scientific workers, positions of engineering, technical, administrative, production, educational and auxiliary, medical and other workers performing auxiliary functions are provided.

2. Persons who meet the qualification requirements specified in the qualification handbooks and (or) professional standards have the right to occupy the positions provided for by paragraph 1 of this article.

3. The rights, duties and responsibilities of employees of educational organizations holding the positions specified in Part 1 of this Article are established by the legislation of the Russian Federation, the charter, internal labor regulations and other local regulations of educational organizations, job descriptions and employment contracts.

4. Deputy heads of educational organizations, heads of structural divisions and their deputies are granted, in the manner established by the Government of the Russian Federation, the rights, social guarantees and measures of social support provided for teachers by paragraphs 3 and 5 of part 5 and part 8 of article 47 of this Federal Law.