What academic rights do teachers have? Legal status of teaching staff. Labor rights and social guarantees

An important component of the legal status of teachers 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 the teaching staff, researchers and students to freely conduct scientific research, as well as freely dispose of the information obtained in the course of such research.

There is the International Non-Governmental Association “Academy for Academic Freedom”. It formulated two basic principles of academic freedom:

both inside and outside the educational institution or research organization, there is complete freedom to raise any questions and seek the truth, including about controversial and unpopular views, regardless of whether someone is offended by one or another point of view;
educational institutions and research organizations have no right to restrict the academic freedoms of their staff members, nor to use their public statements as a pretext for disciplinary measures or layoffs 1 .

Academic freedoms arise from the specifics of scientific and teaching activities. They are necessary to ensure proper protection of teaching and research workers from excessive pressure from state structures. Academic freedoms are aimed at ensuring that the teacher has the opportunity to independently choose programs and teaching methods, freely express his opinion, freely participate in scientific research, etc. In addition, academic freedoms provide for the right of teachers to free use of information resources and the right to participate in the management of educational institutions.

At the same time, the use of academic freedoms should not violate the rights and legitimate interests of other persons, the norms of the current Russian legislation, as well as requirements professional ethics pedagogical workers.

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

IN Russian Federation educators use the following academic rights and freedoms:

1. Freedom of teaching, freedom of expression, freedom from interference in professional activity.
2. Freedom of choice and use of pedagogically sound forms, means, methods of education and upbringing.
3. 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).
4. The right to choose textbooks, teaching aids, materials and other means of training and education in accordance with the educational program and in the manner established by law about education.
5. The right to participate in the development of educational programs, including curricula, calendar training 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, participation in experimental and international activities, developments and innovations.
7. The right to free use of libraries and information resources, as well as access in the manner prescribed by local regulations educational organization providing educational activities, to information and telecommunication networks and databases, educational and teaching 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 engaged in educational activities.
8. 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.
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 an educational organization, including through management bodies and public organizations.
11. The right to association 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.

what is the difference between academic and labor rights of a pedagogical worker and got the best answer

Answer from
Article 47 Legal status pedagogical workers. Rights and freedoms of teachers, guarantees of their implementation
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 implementation of professional tasks, increasing the social significance, 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);
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 participate in the development of educational programs, including curricula, calendar training schedules, working 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 engaged in 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. Academic rights and freedoms specified in part 3 of this article must be exercised with respect for the rights and freedoms of other participants

1. Persons with a secondary vocational or higher education who meet the qualification requirements specified in qualification guides and/or professional standards.

2. Nomenclature of positions of teaching staff of organizations engaged in educational activities, positions of managers educational organizations 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);

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 participate in the development of educational programs, including curricula, calendar training schedules, working 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 engaged in 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 by profile 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 up to one year at least every ten years of continuous pedagogical work in the manner prescribed by the federal authority executive power that performs the functions of generating public 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 employment contracts, the right to provide residential premises with specialized housing stock;

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

6. In work time teaching staff, depending on the position held, includes educational (teaching) and educational work, including practical training of students, individual work with students, scientific, creative and research, as well as other pedagogical work provided for by labor (official) duties and (or) individual plan, - methodical, preparatory, organizational, diagnostic, monitoring work, work provided for by the plans of educational, sports, recreational, sports, creative and other events held 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 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)

7. The mode of working time and rest time of pedagogical workers of organizations engaged in educational activities is determined by the collective agreement, the rules of the internal work schedule, other local regulations of the organization carrying out educational activities, employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.

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 budgetary allocations from 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 the authorized executive authorities, in conducting a unified state exam during working hours and released from the main work for the period of the unified state exam, the guarantees and compensations established by labor law and other acts containing labor law norms. Pedagogical workers participating in the unified state exam are paid compensation for the work on 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. To attract graduates of professional educational organizations and educational organizations higher education to pedagogical activity, the state authorities of the subjects 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 in students a culture of a healthy and safe lifestyle;

5) apply pedagogically sound and providing high quality education forms, methods of education and upbringing;

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) pass, in accordance with labor legislation, preliminary examinations upon admission to work and periodic medical examinations, as well as extraordinary medical examinations in 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 rules of internal labor regulations.

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

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 qualification category.

2. Certification of teaching staff in order to confirm the compliance of teaching staff with their positions is carried out once every five years based on an assessment of their professional activities attestation commissions, independently formed organizations carrying out 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 engaged in educational activities for the implementation of educational programs of higher education and additional professional programs, provides for the positions of pedagogical workers and scientific workers who belong to scientific and pedagogical workers. 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, meeting security measures, most fully corresponding to the characteristics of scientific research and ensuring 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 in students professional quality in the 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 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 engage in pedagogical activities 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 clauses 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 filling positions, appointing 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 termination of 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 structural divisions and their deputies are granted, in accordance with the procedure established by the Government of the Russian Federation, the rights, social guarantees and measures of social support provided for pedagogical workers by paragraphs 3 and 5 of part 5 and part 8 of article 47 of this Federal Law.

ACADEMIC FREEDOM ACADEMIC FREEDOM is a common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. Federal Law "On Higher and Postgraduate Vocational Education" dated July 19, 1996, teachers from among the teaching staff, researchers and students of a higher educational institution are provided with A.S., including the freedom of a teacher of a higher educational institution to state the educational subject at their own discretion, choose topics for scientific research and conduct them by their own methods, as well as the student to acquire knowledge according to their inclinations and needs. Provided by A.S. entail academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

See what "ACADEMIC FREEDOM" is in other dictionaries:

ACADEMIC FREEDOM- the common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. In accordance with the Federal Law of the Russian Federation "On Higher and Postgraduate Professional Education" dated July 19, 1996 ... Legal Encyclopedia

Academic freedom principles according to which the freedom of research for students, researchers and faculty of higher educational institutions and research organizations is necessary for them to perform ... ... Wikipedia

Common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. In accordance with the Federal Law of the Russian Federation On Higher and Postgraduate Professional Education of July 19, 1996 ... ...

academic freedom- the generally accepted name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. Federal Law On Higher and Postgraduate Vocational Education dated July 19, 1996 to teaching staff from among ... ... Big Law Dictionary

ACADEMIC FREEDOM- the right of university teachers to conduct academic work, relying only on their conscience, without restrictions from the state or the church, as well as the right of students to self-government and to organize their studies at their own discretion ... Professional education. Dictionary

FREEDOM ACADEMIC- ACADEMIC FREEDOM... Legal Encyclopedia

- (see ACADEMIC FREEDOM) ... Encyclopedic Dictionary of Economics and Law

Rights Theory Natural and legal rights Rights of claim and rights of freedom Negative and positive rights ... Wikipedia

Rights Theory Natural and legal rights Demand rights and freedom rights Negative and positive rights Individual and group rights ... Wikipedia

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Memoirs: From the life of the State Council 1907 1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) `From the life of the State Council 1907-1911` were not known to researchers for a long time. Valuable records were found only in ...
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