The legal status of higher education teachers. Legal status of teaching staff

REGULATION ON THE LEGAL STATUS OF A PEDAGOGICAL WORKER. ACADEMIC RIGHTS AND FREEDOMS 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.Liability

1. General Provisions

1.1. This provision was developed in accordance with the Constitution of the Russian Federation, the law "On Education in the Russian Federation" No. 273-FZ dated December 29, 2012, the Labor Code of the Russian Federation as amended by From 30.07.2006, No. 90-FZ, by the decree of the government of the Russian Federation of 30.04.2003, No. 191 "On the duration of working hours (the norm of hours of pedagogical work per rate wages) pedagogical workers ", by order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69" On the peculiarities of the 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 of December 24, 2010 No. 2075" On the duration of working hours (norm of hours 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), 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 teacher is an individual who is in labor, service relations with an organization that carries out educational activities, and performs the duties of teaching, 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 secondary vocational or higher education and who meet the qualification requirements specified in qualification guides and (or) professional standards have the right to engage in teaching activities. Qualification requirements and professional standards are indicated in the job descriptions of teachers.

2. ACADEMIC RIGHTS AND FREEDOMS OF PEDAGOGICAL WORKERS.

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

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

2.3. Pedagogical workers have the right to creative initiative, the development and use of copyright programs and methods of teaching and upbringing within the framework of the educational program, a separate academic subject, course, discipline (module).

2.4. Pedagogical workers have the right to choose textbooks, teaching aids, materials and other means of teaching 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, calendar educational schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of the school's educational programs.

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

2.7. Pedagogical workers have the right to free use and access, in accordance with the procedure established by local regulations of the school, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of ensuring educational activities necessary for the high-quality implementation of pedagogical activities.

2.8. Pedagogical workers have the right to free use of educational, methodological and scientific services of an organization carrying out educational activities in the manner prescribed by Russian legislation 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 unite in public professional organizations.

2.11. Pedagogical workers have the right to appeal to the commission for the settlement of disputes between participants in educational relations.

2.12. Pedagogical workers have the right to the 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. Academic rights and freedoms of pedagogical workers should be exercised in compliance with the rights and freedoms of other participants in educational relations.

3. Labor rights and social guarantees

3.1. Teaching workers enjoy the following labor rights and guarantees: the right to a shortened working week, to an annual basic extended paid leave, to long leave for a period of up to one year at least every ten years of continuous pedagogical work, to early assignment of an old-age labor pension , to provide teachers with residential premises out of turn under social tenancy agreements, the right to provide residential premises with 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 constituent entities of the Russian Federation have the right to establish additional measures of state support for graduates of professional educational institutions and educational institutions of higher education who are involved in teaching (young specialists).

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

4. Working hours

4.1. In the working hours of teachers, depending on the position held, educational (teaching), educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work stipulated by labor (official) duties and (or) individual plan, - methodological, preparatory, organizational (preparation and conduct of work with students, parents, the public, participation in meetings, meetings, duty, etc.), diagnostic, monitoring work, work provided for by plans for educational, physical education and health , 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 pedagogical workers - 36 hours per week. The working time of a pedagogue consists of standardized and non-standardized parts. The norm of hours of academic work 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 (babysitting in the office), preparing for the next lesson, including airing the office, organizing meals for children, educational, individual, etc. work. The salary 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 official duties and qualifications.

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

4.4. The unregulated part of the working time is not performed on certain working days of the week, but is calculated for longer periods by school work plans for a year, a month, MO plans, class teacher plans, calendar schedule, etc. the establishment of any time norms for its implementation, artificially increasing the working time of pedagogical workers in excess of the standardized part of it associated with teaching work, with the exception of the time standard for on-duty during the educational process.

4.5. Working hours and rest are 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. The employee, 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 grounded and providing high quality education forms, methods of teaching 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 employee is also obliged to systematically improve his professional level; pass certification for compliance with the position held, medical examinations (upon admission to work, 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. A pedagogical worker 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 or reject political, religious or other beliefs, to incite social, racial, national or religious hatred, for agitation promoting the exclusivity, superiority or inferiority of citizens on the basis of social, racial, national , religious or linguistic affiliation, their attitude to religion, including by informing students of inaccurate information about the historical, national, religious and cultural traditions of peoples, as well as to encourage students to take actions that contradict the Constitution of the Russian Federation.

7.Liability

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

7.2. The employees are responsible for non-fulfillment or improper fulfillment of the duties assigned to them in the manner and in the cases established by the legislation of the Russian Federation.

7.3 The period of validity of the provision is not limited. When the legislation changes, the act is amended in accordance with the established procedure.

Ph.D. A. V. Merkushin

FSBEI HPE "Mordovian State

Institute named after M.E. Evseviev "

2) the right to creative initiative, the development and use of copyright programs and methods of teaching and upbringing within the educational program, a separate academic subject, course, discipline (module);

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

4) the right to choose textbooks, teaching aids, materials and other means of teaching 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 carrying out 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 accordance with the procedure established by local regulatory acts of the 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 high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities;

7) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

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

- the right to participate in the management of an educational organization, including in collegial governing 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 unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

- the right to appeal 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:

- 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 teaching staff, 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 specific 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 pedagogical worker, 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" // Collected Legislation of the Russian Federation. - 2012. - No. 53. - Art. 7598.

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

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

An important component of the legal status of teaching staff is their academic rights and freedoms.

The concept of academic freedom is quite widespread in modern European states and the United States. Academic freedom is understood primarily as the right of faculty, research workers and students to freely conduct scientific research, as well as freely dispose of information obtained in the course of such research.

There is an international non-governmental organization "Academy for Academic Freedoms". It formulated two basic principles of academic freedom:

  • both inside and outside the educational institution or research organization, complete freedom is allowed to pose any questions and strive for the truth, including about conflicting and unpopular views, regardless of whether one or another point of view hurts anyone;
  • educational institutions and research organizations have no right to restrict academic freedoms for their staff members, or use their public statements as a reason for disciplinary action or dismissal 1.

Academic freedom stems from the specifics of scientific and teaching activities. They are necessary to ensure adequate protection of teachers and researchers from excessive pressure from government agencies. Academic freedoms are aimed at ensuring that the teacher has the opportunity to independently choose programs and teaching methods, freely express their opinions, freely participate in scientific research etc. In addition, academic freedoms provide for the right of teachers to use information resources free of charge and the right to participate in the management of educational organizations.

At the same time, the use of academic freedoms should not violate the rights and legitimate interests of others, the norms of the current Russian legislation, as well as the requirements of the professional ethics of teaching staff.

Academics for academic freedom [Electronic resource]: http://www.afaf.org. uk / (Date of access: 23.12.2016)

In the Russian Federation, teaching staff 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 grounded forms, means, methods of teaching and upbringing.
  • 3. The right to creative initiative, the development and application of copyright programs and methods of teaching and upbringing within the educational program, a separate academic subject, course, discipline (module).
  • 4. The right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education.
  • 5. The right to participate in the development of educational programs, including curricula, educational schedules, working academic subjects, courses, disciplines (modules), teaching 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, development and implementation of innovations.
  • 7. The right to free use of libraries and information resources, as well as access, in accordance with the procedure established by local regulations of an educational organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of support educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out 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 governing 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 an educational organization, including through management bodies and public organizations.
  • 11. The right to unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation.
  • 12. The right to appeal to the commission for the settlement of disputes between participants in educational relations.
  • 13. The right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

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 that 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 pedagogical workers in society and creates conditions for them to carry out their professional activities. Pedagogical workers in the Russian Federation are provided with rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing social significance, and the prestige of pedagogical work.

3. Educational 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 grounded forms, means, methods of teaching and upbringing;

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

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

7) the right to free use of libraries and information resources, as well as access, in accordance with the procedure established by local regulatory acts of the 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 high-quality implementation of pedagogical, scientific or research activities in organizations carrying out 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 governing 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 unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

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

13) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

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 teaching staff, enshrined in the local regulations of the organization carrying out educational activities.

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

2) the right to additional professional education in the field 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 long leave 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 in charge of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of general education;

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

(see text in previous edition)

6) the right to provide teachers who are registered as needing residential premises out of turn with residential premises under social rental contracts, the right to provide residential premises with specialized housing stock;

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

6. During the working hours of teaching staff, depending on the position held, educational (teaching) and educational work is included, 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 education, sports, creative and other activities conducted with students. Specific labor (job) duties of teaching staff are determined by labor contracts (service contracts) and job descriptions. The ratio of academic (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, specialty and qualifications of the employee.

(see text in previous edition)

7. The working hours and rest hours of teaching staff of organizations engaged in educational activities are determined by the collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established depending on the sphere of competence by the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of higher education.

(see text in previous edition)

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

9. Pedagogical workers of educational organizations participating, by decision of the authorized executive authorities, in conducting state final certification for educational programs of basic general and secondary general education during working hours and who are released from their main job for the period of the specified state final certification, are provided with guarantees and compensations established labor legislation and other acts containing labor law norms. Pedagogical workers participating in the state final certification for educational programs of basic general and secondary general education are paid compensation for the work on the preparation and conduct of the specified state final certification. The amount and procedure for payment of such compensation are established by the constituent entity of the Russian Federation at the expense of budgetary allocations from the budget of the constituent entity of the Russian Federation allocated for state final certification for educational programs of basic general and secondary general education.

(see text in previous edition)

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

educator right duty

Pedagogical workers enjoy the following academic rights and freedoms within the limits established by the Federal Law on Education:

  • - the right to freedom of teaching and discussion, freedom to conduct research, disseminate its results, freedom of expression of their opinions in relation to the organization - the employer or the educational system, freedom from interference in professional activities;
  • - freedom of choice and use of pedagogically grounded forms, methods, methods and techniques of teaching, upbringing and assessment of the development by students of curriculum programs, subjects, disciplines, modules;
  • - the right to creative initiative, the development and application of copyright programs and teaching and education methods within the educational program being implemented;
  • - selection of textbooks, teaching aids, materials and other teaching aids in accordance with the educational program and in the manner prescribed by the legislation on education;
  • - participation in the development of educational programs, including curricula, educational calendar schedules, teaching materials and other components of the educational program of the employer organization;
  • - unimpeded access to educational and methodological materials, material and technical means of ensuring the educational process necessary for the high-quality implementation of professional activities;
  • - free use of libraries and information resources, access to information and communication networks, satellite channels and databases necessary for teaching, scientific or research activities;
  • - the right to working conditions, to the maximum extent, conducive to effective teaching and educational work, scientific and research activities, ensuring the possibility of high-quality performance of professional tasks;
  • - free access to the use of the services of educational, teaching, methodological, scientific, social, medical and other departments of the organization - the employer;
  • - the right to carry out scientific, scientific and technical, research activities, participate in experimental and international activities, development and implementation of innovations in the manner prescribed by law and (or) local regulations of the employer organization;
  • - participation in the management of an educational organization, including in collegial self-government bodies in the manner determined by the charter of this organization;
  • - participation in the discussion and resolution of issues related to the activities of the educational organization, including through self-government bodies and public organizations;
  • - the right to unite in public professional organizations, pedagogical communities in the forms and procedure established by the legislation of the Russian Federation;
  • - engaging in individual teaching activities, including for a fee, provided that such activities are carried out outside of working hours.

Academic rights and freedoms 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 pedagogical worker, aimed at solving modern problems facing society, ensuring the preservation of historical and cultural heritage.

Labor and social rights and guarantees.

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

  • 1) The right to reduced working hours of no more than 36 hours per week. Also, pedagogical workers have the right to one day off from work a week with payment in the amount of 50% of the received wages;
  • 2) Annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation. The Labor Code of the Russian Federation determines the right to an annual basic extended paid leave for pedagogical workers (Article 334 of the Labor Code of the Russian Federation). Its duration is determined by the Decree of the Government of the Russian Federation of 01.10.2002 N 724 "On the duration of the main annual extended paid leave provided to teaching staff." Depending on the type of educational institution carrying out the educational process and the position occupied by the teaching staff, the duration of such leave ranges from 42 to 56 calendar days. To obtain an extended leave, employees must have work experience that gives the right to such leave, specifically in their specialty and in the institution specified in the Appendix to the Decree of the Government of the Russian Federation N 724. In accordance with Art. 122 of the Labor Code of the Russian Federation, annual paid leave should be provided to the employee for each working year.
  • 3) Long leave of up to one year at least every 10 years of continuous teaching. The long-term leave of teachers is regulated in Art. 335 of the Labor Code of the Russian Federation and in Art. 55 of the RF Law of 10.07.1992 N 3266-1 "On Education". The aforementioned laws establish that the procedure and conditions for granting teachers a long leave of up to one year at least every 10 years of continuous teaching are determined by the founder and (or) the charter of the educational institution. There is a Regulation on the procedure and conditions for granting teachers of educational institutions long leave for a period of up to one year, which was approved by Order of the Ministry of Education of Russia dated 07.12.2000 N 3570 and agreed with the Trade Union of Public Education and Science Workers of the Russian Federation. Its effect applies only to teaching staff of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which it exercises the powers of the founder. This Regulation can be used as an example for the development in municipalities of the procedure and conditions for the provision of long-term leave to teaching staff of educational institutions. The sequence and time of granting long leave, duration, joining the annual paid leave, the possibility of paying for long leave at the expense of extra-budgetary funds and other issues must be provided for in the regulations or charters of educational institutions. A pedagogical worker has the right to a long vacation if two conditions are met simultaneously: work in a certain position and the presence of continuous experience in this position. Like any other vacation, a long vacation is granted to the teacher at his request and is formalized by the order of the educational institution. Long leave may be granted to a teacher at any time, provided that this does not negatively affect the activities of the educational institution. You need to know that a long leave of a teacher is a leave without pay, unless otherwise provided by the founder and / or the charter of the educational institution in which the teacher works. While on vacation, the employee has a number of guarantees that the employer has no right to forget about :
  • 1. The employee retains his place of work (position) in accordance with the established procedure;
  • 2. For the teacher, in the prescribed manner, the pedagogical load is preserved, provided that during this time the number of hours according to curricula and programs or the number of study groups (classes) has not decreased;
  • 3. It is not allowed to transfer a teacher to another job, as well as dismissal at the initiative of the employer, with the exception of the complete liquidation of the educational institution;
  • 4. For a pedagogical employee who falls ill during the period of stay on long leave, long leave is subject to extension by the number of days of incapacity for work certified by a certificate of temporary incapacity for work, or, in agreement with the head of the educational institution, is postponed to another period.
  • 4) Advanced training at the expense of the employer at least once every five years in the manner prescribed by regulatory legal acts. The right of employees to vocational training, retraining and advanced training is established in Articles 22, 197 of the Labor Code of the Russian Federation, however, the mechanism for exercising this right should be determined in the relevant federal laws and other regulatory legal acts. Currently, the state guarantees the creation of the necessary conditions for advanced training at least once every five years for scientific and pedagogical workers of state higher educational institutions and scientific and pedagogical workers of state scientific institutions (organizations) operating in the system of higher and postgraduate vocational education, in accordance with Art. 21 of the Federal Law of 22.08.1996 N 125-FZ "On Higher and Postgraduate Professional Education". The model regulation on an educational institution of higher professional education (higher educational institution) also provides that advanced training of scientific and pedagogical workers of a state higher educational institution and state scientific institutions and organizations of the system of higher and postgraduate professional education is carried out at least once every 5 years in educational institutions additional professional education, higher educational institutions, as well as in leading Russian and foreign scientific organizations.
  • 5) The right to attestation for the qualification category. The procedure for attestation of teaching staff of state and municipal educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation No. 209 dated March 24, 2010 (hereinafter - the Attestation Procedure), comes into effect from January 1, 2011. The adoption of the new Attestation Procedure was preceded by a long-term work of the Trade Union specialists, including within the framework of a specially created working group of the Ministry of Education and Science of the Russian Federation, to determine and agree on the types, approaches, mechanisms for attestation, as well as categories of workers in respect of whom attestation is carried out.
  • 6) The right to monthly monetary compensation in order to facilitate the provision of book publishing products and periodicals. In accordance with paragraph 8 of Art. 55 of the Law of the Russian Federation of 10.07.1992 N 3266-1 "On Education" compensation for the purchase of publishing products and periodicals is paid to teachers of federal educational institutions (including executives whose activities are related to the educational process) in order to improve and organize the educational process at the rate of:
    • - 150 rubles. - in educational institutions of higher professional education and corresponding additional professional education;
    • - 100 rubles. - in other educational institutions. Compensation in other amounts may be paid to teaching staff of state educational institutions under the jurisdiction of the constituent entities of the Russian Federation, by decision of the state authority of the relevant subject, as well as to teaching staff of municipal educational institutions - by decision of the local government.

The procedure for payment of compensation is established in the Letter of the Ministry of Education of Russia dated November 25, 1998 N 20-58-4046 / 20-4 "On payment of monetary compensation for book publishing products and periodicals to teachers of educational institutions." It says that monetary compensation for the purchase of book publishing products and periodicals should be paid monthly to teachers of educational institutions who are in labor relations with an educational institution (including while on regular, additional and other vacations, during the period of receiving temporary benefits. incapacity for work, etc.), as well as those working on a part-time basis, provided that they are not entitled to receive it at their main place of work.

  • 7) The right to early assignment of a retirement pension in the manner prescribed by the legislation of the Russian Federation;
  • 8) Priority provision of living space in case of recognition of an employee in need of improved living conditions;
  • 9) Free provision of heating and lighting services for occupied living quarters in rural settlements, regardless of its size;
  • 10) Guarantees and compensation for labor remuneration;
  • 11) Other labor and social guarantees and compensations established by federal laws and legislative acts of the constituent entities of the Russian Federation.

Thus, the legislation of the Russian Federation provides for a fairly extensive list of the rights and freedoms of pedagogical workers in order to improve the status of this professional activity, improve working conditions and the educational process in general.

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