Tell me how to defend the rights of children to a normal education. Our class teacher does not fulfill his duties, is rude to children. The principal of the school does not react in any way, can we, the parents, change the situation?

(Pavlova Irina)

If the teacher does not fulfill his duties, the employer (director) has the right to bring him to disciplinary responsibility up to and including dismissal, but this is not his duty. However, it is the Principal's responsibility to ensure the learning process and the rights of the students in the school. If he does not do this, you can file a complaint with territorial body education management.

The child is studying at a public school. For several years, the principal has demanded monthly payment for the security of the school and additional payment for the work of a cleaning lady. In case of refusal to pay, a receipt-application is required from me. Is the director right and can I refuse? Will my refusal to pay affect my child's academic performance?

The director is wrong. Refusal to pay legally cannot affect the child's academic performance.

A friend became pregnant at school in the 10th grade, the director gave her the documents and told her to enter the evening school until she gave birth, referring to the fact that the school check would not allow a pregnant schoolgirl and she would be expelled. Is the director right and where should I go to continue my studies at school?

(Marina R.)

The procedure and grounds for the expulsion of students should be enshrined in the charter of the school, however, pregnancy in any case cannot be such a basis. In addition, there are other forms of obtaining general education e.g. external studies, family education, etc. In case of illegal expulsion, your girlfriend (her parents) can apply to the territorial education authority and (or) the prosecutor's office.

Does the headmaster have the right to close the school cafeteria and force the children to eat school meals that have to be paid for? And does the school government have the right to challenge the director's decision?

(Christina M.)

The question is not clear - is the buffet closed or do you have to pay for food in it? In general, this issue and the procedure for the participation of school self-government in its decision should be regulated by the charter of the school. Please note that in accordance with the law on education, on the basis of full state support, only orphans and children left without parental care (legal representatives) are supported.

What to do if the parents do not agree that their child is left for the second year? And does their opinion have any validity in this matter?

(Balyakina S.)

In accordance with the Law of the Russian Federation “On Education”, this depends on the level of education, however, the opinion of parents is taken into account in any case. Students at the levels of primary general and basic general education who have not mastered the educational program of the academic year and have academic debts in two or more subjects at the discretion of their parents (legal representatives) are left for re-education, transferred to compensatory education classes with a smaller number of students per one teacher educational institution or continue to receive education in other forms.

Students at the level of secondary (complete) general education who have not mastered the educational program of the academic year in full-time education and have an academic debt in two or more subjects or are conditionally transferred to the next grade and have not eliminated their academic debt in one subject continue to receive education in other forms . The transfer of a student to the next class is carried out by decision of the governing body of the educational institution.

Can a teacher be a class teacher and teach children in the class where his own child is studying?

(Olga V.)

Perhaps the law does not provide for restrictions on this basis.

Does a school psychologist have the right to test a child without the knowledge of the parents and send them to a neurologist for examination?

(Polina Goryacheva)

Doesn't have. A necessary prerequisite for medical intervention (including examinations) is the informed voluntary consent of the citizen. Consent to medical intervention in relation to minors is given by legal representatives (parents).

I recently turned 18 years old. After school, I'm going to go to work in the traffic police, will they take me into the army?

(Andrey M.)

If you have no reason to receive a deferment, they will take it. Work in the traffic police is not such a basis.

Our school had a question of installing CCTV cameras. Does the district administration have the right to demand the installation of video cameras, is the rights of students infringed?

(Catherine)

In principle, the installation of CCTV cameras in a school is legal, but parents and students have the right to oppose and, in accordance with the charter of the educational institution, demand that this decision be canceled.

At a physical education lesson, as a result of non-compliance with safety precautions, the child was injured (fractured). What is the measure of responsibility of a physical education teacher, and how can one be brought to this responsibility?

(Vladimir Vityushkin)

The teacher can be brought to disciplinary responsibility (reprimand, reprimand, dismissal) by the school administration. For this, it is necessary that the principal of the school issues an appropriate order.

Does the charter of a general education institution (school) provide for fines? For example, for not wearing changeable shoes or for smoking on school grounds?

The charter of the school cannot provide for fines, their establishment is illegal.

Hello, I would like to enter the police school after the 9th grade. What is needed for that?

(Svetlana)

Hello. After the 9th grade, you can only enter a secondary specialized educational institution of the Ministry of Internal Affairs. Scroll entrance examinations is determined by the educational institution, and may differ depending on the specialty or field of study, the form of education, the period for mastering the implemented professional educational program (full or reduced) and the course for which admission is carried out. For more detailed information You should contact the internal affairs authorities at the place of residence.

I am a 10th grade student. We are forced to work in the school cafeteria instead of lessons. All classes are required to work, two people per class per day. The principal says it's written in the school charter. I personally don't eat at this canteen. Is it legal to force us to work in the cafeteria?

(Vladimir P.)

Even if it is written in the charter of the school, and even if you ate in this canteen, force you to work in it, all the more so instead of lessons, the school administration has no right. Remind them that in accordance with paragraph 14 of Article 50 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”, it is prohibited to involve students in civilian educational institutions without the consent of students and their parents (legal representatives) in work not provided for by the educational program .

Does the school have the right to write a letter to the enterprise of the mother about the poor progress and absenteeism of the child of the 6th grade, thereby creating problems at work?

(Polina Marina)

An educational institution does not have such a right. However, there is no liability for such actions. However, I can recommend that you file a complaint with the education committee.

I am 14 years old and they refuse to let me into the store digital technology. When I asked for a document on the basis of which they would not let me in, I was told that the private security company responsible for the order in the store was guided by its own code. Please tell me if these actions are legal?

These actions are illegal. In this case, the actions of the store guards show signs of arbitrariness (Article 19.1 of the Code of Administrative Offenses), for which liability is established in the form of an administrative fine in the amount of 300 to 500 rubles.

During a fight at school with a classmate, my son suffered a spinal injury and ended up in the hospital. Can I sue his parents for moral and material damages. And what do I need to do for this?

(Anna Aleksandrovna)

In accordance with paragraph 3 of Article 1073 Civil Code RF, if a minor citizen (under 14 years of age) caused harm during the time when he was temporarily under the supervision of an educational organization, this organization is responsible for the harm caused, unless it proves that the harm occurred through no fault of theirs during supervision.

Minors between the ages of fourteen and eighteen are independently responsible for the harm caused on a general basis.
Thus, depending on how old the perpetrator is, you should seek damages from him or from the school. You can apply to the court with the corresponding claim.

It has been very cold in our school since December (from 10 to 15 degrees, in the gym about 8 degrees). Parents wrote to the head of the city, but he replied that everything was fine at school. Where should you complain? I am 14 years old, can I write a statement to the prosecutor's office or should my parents do it?

(Natasha Maltseva)

In accordance with the Hygienic requirements for the conditions of education in educational institutions (Sanitary and epidemiological rules SanPiN 2.4.2.1178-02), the air temperature, depending on climatic conditions, should be:

• in classrooms, classrooms, laboratories - 18 - 20⁰С with their usual glazing and 19 - 21⁰С - with tape glazing;
• in training workshops - 15 - 17⁰С;
• in the assembly hall, lecture hall, singing and music class, club room - 18 - 20⁰С;
• in computer science classrooms - optimal 19 - 21⁰С, permissible 18 - 22⁰С;
• in the gym and rooms for sectional classes - 15 - 17⁰С;
• in the locker room of the gym - 19 - 23⁰С;
• in doctors' offices - 21 - 23⁰С;
• in recreations - 16 - 18⁰С;
• in the library - 17 - 21⁰С;
• in the lobby and cloakroom - 16 - 19⁰С.

If these conditions are not met, and the responsible persons refuse to take action, your parents should apply to the prosecutor's office.

Our school adopted new rules, since students often break plastic walls, the director decided to appoint duty officers, that is, students who should monitor the corridors. Moreover, if the attendants did not keep track of who broke the wall, then their entire class pays and restores it at their own expense. Is it legal?

(Alexey Vinnikov)

It is illegal. By general rule the tortfeasor (or, in this case, the parents) must compensate for the damage.

Tell me, please, how to prove in court that I did not start a fight, but only defended myself when there were no witnesses to the incident?

(Dmitry R.)

It is impossible to answer this question in the framework of an online consultation without other information. Let me just say that, firstly, there can still be witnesses (someone took out the garbage, someone smoked on the balcony), and secondly, the court takes into account other evidence - it is possible, for example, that the fight was recorded by a surveillance camera of which there are many in the city.

Hello, I have one question, I do not know where to turn to? The teacher refused to teach an English lesson in the eighth grade because of the students' misbehavior, and has not been present for three lessons in a row. Due to the lack of a teacher, the whole class just sits in the office without changing the lesson. Is it legal?

(Katerina)

Hello. This situation has two aspects - on the one hand, the school is obliged to provide a teacher and provide lessons. On the other hand, it is necessary to take into account the labor relations of the teacher and the school (it is quite possible that in this case the teacher allows a violation of labor discipline in the form of absenteeism).

However, it seems to me that the main problem here is not a legal one (although it certainly exists), but a pedagogical one. The conflict between the teacher and the class can rarely be resolved by purely legal methods, it is necessary to negotiate and seek a compromise, everyone will benefit from this, and first of all, the students.

The consent of the persons about whom it is written in the essay is not required in any case. The consent of the authors of essays for publication is not required if the publication is carried out in scientific, polemical, critical or information purposes to the extent justified by the purpose of publication (Article 1274 of the Civil Code of the Russian Federation).

Please tell me what is the fine for a minor driving a car?

Apparently, in this case we are talking about a minor who does not have the right to drive a car and who does not drive it as part of a driving lesson. Article 12.7 of the Code of Administrative Offenses for management vehicle a driver who does not have the right to drive a vehicle is punishable by a fine of 2,500 rubles. In addition, a fine in the amount of 2,500 rubles may also be imposed on a person who transferred control of a car to a person who obviously does not have the right to drive.

Please tell me at what age a teenager can conclude a contract? For example, a teenager is going to buy a subscription to a sports club, prerequisite is the signing of a written contract + receiving insurance. Up to what age do parents have to sign for a child?

(Alena K.)

As a general rule, the ability of a citizen to acquire and exercise civil rights by his actions, create for himself civil duties and fulfill them (civil capacity) arises in full with the onset of adulthood, that is, upon reaching the age of eighteen. Minors aged 14 to 18 make transactions with the written consent of their legal representatives - parents, adoptive parents or guardian. However, adolescents who have reached the age of 14 have the right to independently manage their earnings, scholarships or other income. As a rule, small transactions are understood as transactions concluded for a small amount for cash, executed at their conclusion and aimed at satisfying personal needs (purchase of products, stationery and so on.).

It seems that the purchase of a gym membership and the conclusion of an insurance contract cannot be classified as small transactions and must be made with the consent of the parents (other legal representatives).

Hello, I recently turned 15 years old. During the summer holidays, I wanted to get a job as a car washer. The owner of the car wash asked me to bring a certificate from the school that I was allowed to work. The principal of the school refused to give such a certificate. Are the actions of the owner of the car wash and the director legal?

(Roman Parshin)

Hello! The principal of the school simply cannot issue such a certificate, because it is not provided for by the current legislation, and the owner of the car wash, apparently, formulated his requirement incorrectly. In accordance with Labor Code of the Russian Federation (Article 63), with the consent of one of the parents (trustee) and the guardianship and guardianship authority, an employment contract may be concluded with a student who has reached the age of fourteen, to be performed in their free time from study light labor that does not harm his health and does not violate the learning process. For conclusion employment contract You need to provide the employer with said consent.

In my school locker room (which is not guarded in any way) they stole new shoes from me. The parents filed a complaint with the police. Is it possible to get compensation from the school for damages?

In this case, compensation for harm will have to be sought from the thief. There is no reason to complain to the school.

I go to a regular school, but I'm serious about basketball. I train every day, there are often training camps and competitions in other cities. There is very little time for lessons. Can I study in any light program?

You will not be able to study under a light program, since general education is compulsory and there is a unified federal state educational standard for it. However, you have the right to choose a form of education that is more suitable for you (evening, external study or other), as well as an educational institution, the curriculum and schedule of which will be more consistent with your sports activities.

Hello, I have a question. Secondary education in our school is a full 11 years. At the end of the 11th grade, all males turn 18 years old. Final exams at the school are held until June 25, and the draft until July 15. Entrance exams to universities begin no earlier than July 1. We all want to go to universities. How can we do this without going through the summer draft?

Hello! In accordance with the Federal Law of March 28, 1998 No. 53-FZ “On military duty and military service”, a deferment from conscription for military service is granted to citizens studying full-time education in state-accredited educational institutions for educational programs of secondary (complete) general education only for the duration of training. Therefore, after graduating from school and receiving a certificate, before entering a university, you are subject to conscription, and you can be called up until July 15.

Hello! I'm in the 10th grade. I was absent from school for one day. It was not absenteeism, I could not come to school for family reasons. The next day, the class teacher began to demand from me a certificate or any document that would explain why I was absent. Letters from parents are not accepted. Then the class teacher began to threaten me that if this happens again, I will be expelled from school. My question is, does he have the right to demand a certificate if I was absent for 1-2 days, and raise the issue of expelling me from school?

Hello! In this case, it is necessary to study the charter of your educational institution, it is quite possible that it fixes the need for documentary confirmation of the reasons for absence from classes. Although, it seems unlikely to be expelled from school for one missed school day. I believe that it makes sense for your parents to personally explain to the class teacher that the reason why you missed classes is good.

How legal is it to bring a student to disciplinary responsibility for “ugly behavior and irresponsible attitude to learning”?

It is difficult to answer this question without knowing the details. How was the disciplinary action expressed, what measures were taken? In principle, disciplinary action against a student is legal if it is carried out in accordance with the provisions of the institution's charter, and the charter itself complies with the requirements of the law. In your case, the basis for holding liable, of course, should be formulated more specifically.

We have an ordinary school, but there is a disabled student in our class. Isn't that breaking the rules?

The Constitution of Russia and the law "On Education" guarantee everyone the right to receive education without any restrictions due to the state of health.

Are they eligible for free education? music school children from a large family?

This issue is regulated by the legislation of the subject of the Federation, in principle, this is possible. I recommend that you clarify the details with the city education department.

Please help me understand the situation. Let's say I took photos of people at a school or club and posted those photos on a website without those people knowing. Did you have to get permission from these people to publish it? And can these people present me with any legally justified claims in this regard?

It is difficult to answer your question unequivocally because there is not enough information. The procedure for protecting images of citizens is regulated by Article 152.1 of the Civil Code of Russia. In accordance with this article, it is not required to obtain permission from a citizen to use his photograph if the shooting was carried out in places open to the public, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events) , unless such an image is the primary object of use. I suggest you evaluate the compliance of the photographs taken with this criterion.

Hello! In our school, everyone is forced to come to class in the same clothes. Those who are not dressed according to the “uniform” are sent home from lessons. Do teachers have the right to do this?

Hello! The Constitution of Russia and the Law "On Education" guarantee everyone the right to receive education, regardless of appearance. The charter of an educational institution may provide for the wearing of a uniform school uniform by students, however, teachers do not have the right to deny you the opportunity to attend classes due to the fact that your appearance does not correspond to the charter. By the way, you can try to find like-minded people in the school and seek to change or cancel the provisions of the charter on school uniforms.

My friends and I recently graffitied a neighboring school and several residential buildings. Can we be held accountable for this? If so, which article of the criminal-administrative code could we have violated?

Your actions can be qualified under Article 7.17 of the Code of Administrative Offenses - destruction or damage to someone else's property that did not cause significant damage. This offense is punishable by a fine of 300 to 500 rubles. In addition, you or your parents (legal representatives), in accordance with Article 1064 of the Civil Code of the Russian Federation, may be charged compensation for the harm caused in full, which in practice means compensation for the costs of eliminating "art".

I want to go on summer holidays to the Crimea with my friend's parents (now I'm 14 years old). What documents will I need to present when crossing the border?

Article 20 federal law dated August 15, 1996 "On the procedure for leaving Russian Federation and entry into the Russian Federation” states that if a minor citizen of the Russian Federation leaves the country unaccompanied, he must have a passport and a notarized consent of his parents (guardians, trustees) to leave, indicating the date of departure and the state he intends to visit. Such consent can be issued at any notary office. In addition, I recommend that you contact the Embassy of Ukraine in Russia and clarify if there are any obstacles in the Ukrainian legislation.

What should I do if high school students beat me and take my money? Can I contact the police?

In this case, you must definitely contact the police. What you described clearly fits into two very serious articles of the Criminal Code - robbery (Article 161) and robbery (Article 162). Criminal liability for them comes from the age of 14, and as a punishment, imprisonment for up to 8 years is provided. Even if these high school students are younger, educational measures can be applied to them. In general, the investigation of these and the preliminary qualification of these crimes is the competence of law enforcement. In addition, the school principal, as an official, is responsible for what is happening in the school. Therefore, I recommend that you first contact him, and then file a complaint with the police.

The class teacher collects money from us to repair the school, does she have the right to do so?

Hello! Of course, neither the class teacher nor the principal of the school have such a right. Of course, your parents can make a contribution, for example, to repair a school, but this is an exclusively voluntary matter. The law on education states that the school has the right to attract additional financial resources only through the provision of paid additional educational services, as well as through voluntary donations and earmarked contributions. Moreover, to impose paid services You also don't have the right - for that they are additional, that you and your parents should decide if these services are needed and if the parents are willing to pay for them.

Does the teacher have the right not to let me into class because I have a piercing and a non-standard appearance?

The teacher, of course, has no right not to let you go to class because you look unusual. The Constitution of Russia and the law "On Education" guarantee everyone the right to receive education without any restrictions on appearance, so a gold nose ring cannot be grounds for removing you from class. Even if the school charter states that students must wear steel armor, spurs and swords, you still have the right to attend classes in a modest padded jacket, since such a condition is illegal.

However, if you look at the matter from the other side, think about whether you need an extra conflict and whether it is worth shocking an old teacher, because in the end you are also probably interested in a friendly atmosphere in the classroom, or am I mistaken?

Every year at our school there is a so-called " Internship when we paint floors, windows, chairs and desks at school for 2 weeks. Isn't this the exploitation of child labor?

In accordance with paragraph 14 of Article 50 of the Law of the Russian Federation "On Education", the involvement of students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) to work not provided for by the educational program is prohibited. According to paragraph 16 of this article, students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum.

Moreover, in accordance with paragraph 1 of Article 51 of the Law of the Russian Federation "On Education", an educational institution creates conditions that guarantee the protection and strengthening of the health of students, pupils, and in accordance with paragraph 3 of Article 32 of the same Law is responsible for the life and health of students, pupils and employees educational institution during educational process and for violation of the rights and freedoms of students, pupils and employees of an educational institution. Thus, if the educational program of your school does not provide for such a "practice", the school administration has no right to oblige students to undergo it. In any case, conditions must be created to ensure the safety of the life and health of students.

Is it possible to get an independent education at home, and at the end of the year only pass the necessary exams?

Yes it is possible. This form of education is called external education. At present, the conditions for its passage are regulated by the Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1 (Article 10) and the Regulations on Obtaining General Education in the Form of External Study, approved by Order of the Ministry of Education of the Russian Federation dated June 23, 2000 No. 1884. Application about passing the intermediate or final attestation as an external student, your parents must submit to the principal of the school, while taking into account the requirements of the charter of the school. As an external student, you have the right to receive the necessary consultations (within 2 study hours before each exam), to borrow educational literature from the school library; visit laboratories and practical lessons; take part in various olympiads and competitions, centralized testing.

I was hit by a teacher in class, can I sue him?

Sure thing! Moreover, you can start, for example, with the police. Or complain to the principal. Or to the education committee. Much, of course, depends on how hard you were hit and what physical and mental suffering you endured. The Criminal Code has a whole set of wonderful articles for every taste - infliction of varying degrees of harm to health, beatings, torture ...

Seriously though, this should never be left unattended. If your health has been harmed, there are wounds, abrasions, some kind of internal damage, or you just feel bad after the impact, the first thing to do is seek medical help. Record the harm caused to health in a clinic or emergency room. Be sure to report the incident to the principal of the school, he is obliged to take action. And only then decide whether you want the teacher to be held criminally liable, and write a statement to the police.

Just keep in mind that in our country the principle of the presumption of innocence operates, that is, it will be necessary for the investigation to prove that the teacher really hit you, so it’s worth stocking up on evidence. Witness testimony, as well as a certificate from a medical institution, will do.

"Budget institutions education: accounting and taxation", 2009, N 4
Question: Does the director have the right to oblige a teacher of a general education school to take early leave to prepare the school for the new academic year?
Answer: In accordance with Art. 125 of the Labor Code of the Russian Federation, the recall of an employee from vacation is allowed only with his consent. The unused part of the vacation must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. At the same time, workers under the age of 18, pregnant women and workers employed in jobs with harmful and (or) dangerous working conditions are generally not allowed to be recalled from vacation.
Thus, a number of employees of a general education institution cannot be recalled from vacation at all (all those who are employed with harmful conditions work and receive appropriate compensation). Such workers include, for example, laboratory assistants, office cleaners whose duties include cleaning toilets, and others.
As for the rest of the employees, the key condition for recalling an employee from the next vacation is not the need of the administration of the institution, but the consent of the employee. The procedure for obtaining such consent is not clearly defined by law, so the school administration should obtain it in writing in order to avoid disagreements with the employee. In turn, the employee has every right not to give such consent, and the school administration is not entitled to apply any sanctions for this.
After obtaining the consent of the employee, the administration of the educational institution draws up an order to recall him from vacation. The order may fix the procedure for the employee to use the rest of the vacation. The content of this order must be brought to the attention of the employee against signature.
We also note that labor legislation provides for the possibility of replacing part of the vacation with monetary compensation in the manner prescribed by Art. 126 of the Labor Code of the Russian Federation. Considering that the duration of a school teacher's vacation is 56 calendar days, then, at the written request of the employee, a part of the annual paid vacation exceeding 28 calendar days can be replaced by monetary compensation.
It is not allowed to replace with monetary compensation the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of 18, as well as the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, for work in appropriate conditions. (except for the payment of monetary compensation for unused vacation upon dismissal).
If, after the employee is recalled from vacation, the annual paid leave is summed up or transferred to the next working year, a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation. The calculation of monetary compensation for vacation is carried out according to the rules of Art. 139 of the Labor Code of the Russian Federation.
A. Bethlehem
D. e. n.,
director
Nizhny Novgorod center
economics of education
Signed for print
24.03.2009

As we know, any officially employed person has a guaranteed right to terminate the employment relationship at will (Article 77 of the Labor Code of the Russian Federation), for a number of reasons, when the employer is not satisfied with the performance of the assigned duties to the employee, he can be dismissed in accordance with the norms of Art. 81 of the Labor Code of the Russian Federation.

The principal of the school is a rather responsible position, since it is directly related to the upbringing of the younger generation and the level of its education.

The selection of teachers depends on the principal of the school.

From teachers with high moral values Those who set an example to follow with their behavior, who know and love their subject, which they teach so well that they can convey their knowledge to children, the level of education of school graduates and their upbringing depends.

We all went to school and remember that some lessons were looking forward to, others went with obvious reluctance.

Having risen as adults, analyzing, we understand well that everything depended on the teacher.

One teacher could be interested in listening, listening to every word, while another could follow the textbook for the presentation of new material, which caused complete boredom.

The principal of the school should directly listen to the opinion of students and parents about the teaching staff and their professional skills.

Persons with the highest teacher education who have sufficient experience in working with the Ministry of Education and Science of the Russian Federation by concluding an agreement for a period of 5 years.

At the end of the contract, it can be extended or terminated.

In the event that the director wants to terminate the contract ahead of time graduation, he is eligible to apply.

Based on the requirements of Art. 280 of the Labor Code of the Russian Federation, he must work for one month after submitting an application in order to find a suitable candidate for a vacant position.

During this month, the director also has the right to change his mind about resigning and file a resignation letter. However, this must be done in writing.

In the event that the translation was invited in writing new employee to the position of the director and has already managed to quit his main job, it is impossible to refuse employment to him according to the law.

That's why former director, even if by this time he has changed his mind about terminating the employment relationship, he will be fired under Part 1, Clause 3, Art. 77 of the Labor Code of the Russian Federation.

Labor legislation (Article 80 of the Labor Code of the Russian Federation) provides for cases when dismissal is possible without working off the prescribed period.

The school principal is no exception.

He can be dismissed within the period specified in the application:

• upon retirement;
• in case of admission to stationary form learning;
• or in cases where it is not possible to continue working, upon presentation of the relevant documents.

These can be certificates from medical institutions about the need for constant care for a close relative, a copy of the order to transfer the husband (wife) to work in another city and other documents.

Among other things, the headmaster, like any teacher who directly performs the function of raising children, can be fired:

• according to paragraph 8 of part 1 of Art. 81 Labor law for behavior that is considered immoral in society and is incompatible with the activities of a teacher;
• according to clause 13, part 1, article 83 of the Labor Code of the Russian Federation, if facts are established that do not allow them to engage in pedagogical, especially managerial activities;
• article 336 of the Labor Code of the Russian Federation makes it possible to terminate the employment contract with a teacher, including the director of the school, since, first of all, he remains a teacher, in violation of the charter in force in educational institution, as well as the use of moral or physical violence against students in the learning process.

It is important to note here that the director can be fired, even in cases where he did not personally use violent methods against students, but someone from the teaching staff, about which the director received complaints, but he did not take any effective measures to eliminate this violation and disciplinary punishment of those responsible.

If a school principal has been found to be using Money, collected by parents of students for the needs of the school to improve the learning process and create more comfortable conditions for children, for personal purposes, the school-wide parent committee, which should control where the extra-budgetary receipts of voluntary parental contributions are spent, has the right to write a complaint to the Department of Education.

For verification, the complaint should not be anonymous, it is necessary to collect the signatures of the parents of the students beforehand.

Based on the results of the investigation of these facts, if repeated violations are revealed on the part of the principal of the school, taking into account his written explanations, he may be dismissed from his position.

Reasons for dismissal

The grounds for the dismissal of a director may be different.

1. Application for own will quit.

It is not necessary to indicate the reasons in this case, unless there are significant obstacles to the need to work out after submitting the application for one month.

If there are circumstances that force the director to resign, they must be indicated in the application with the provision of documentary evidence.

Usually the reasons for dismissal of one's own free will are family troubles, which do not need to be detailed in the application.

2. When dismissing a director for violations, in accordance with the rules current legislation the reason may be:

• according to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation - the liquidation of an organization, or, more simply, the closure of an educational institution;
• if it is revealed in the course of work that the director does not correspond to the position held (clause 3 of article 81 of the Labor Code of the Russian Federation);
• in the case when a disciplinary sanction was imposed and during the calendar year, while it has not yet been lifted, the director again does not fulfill his duties assigned to him (clause 5 of article 81 of the Labor Code of the Russian Federation);
• in case of gross violation official duties one revealed fact is enough for the director of the school to be fired (clause 6, article 81 of the Labor Code of the Russian Federation);

Being drunk at work does not fit into any legal or moral framework, so he will be fired for granted.

In case of theft of school property, the school principal will suffer the same fate - dismissal, with an unpleasant record in work book.

With such a record, it will be difficult for him to find a job, especially in the field of education;

• the commission of an act incompatible with the principles of morality accepted in society is impossible to continue the activities of a pedagogical nature (clause 8, article 81 of the Labor Code of the Russian Federation);
• upon dismissal in accordance with paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, the authorized body has the right to terminate the employment contract with the head of the educational institution without explaining the reasons;
• the principal of the school may be dismissed, on the grounds of Art. 351. 1 of the Labor Code of the Russian Federation,

providing for early termination labor relations with workers in the field of education in the event that persons involved in pedagogical activity, were tried for criminal acts directed against the life and health of people, as well as freedom, honor, dignity of the individual.

Upon receipt of a certificate from the Ministry of Internal Affairs about the presence of a criminal record, which the candidate for the position of director concealed when hiring, the employment contract with him is terminated under clause 13. Part 1 of Art. 83 of the Labor Code of the Russian Federation - for reasons that do not depend on the will of the parties;

• an additional reason for the dismissal of the school principal (as well as all teachers) is the use of teaching methods using violent methods of physical or mental influence on the student (clause 2, part 1, article 336 of the Labor Code of the Russian Federation).

Even with a single insult, humiliation, unreasonable criticism of a student, the use of physical assault, the director will be fired.

Instruction

1. When dismissing the principal of the school of his own free will, he must submit an application with a warning about the termination of labor relations one month before the termination of the contract, if there are no reasons when he can be dismissed earlier, which must be documented.

2. When liquidating a school, the governing body must notify the director in writing two months before the intended dismissal.

3. Upon dismissal for any violations of a disciplinary nature, all documents must be collected confirming the fact that the director is not coping with his duties, or is behaving immorally, violating the school charter and norms of behavior.

In addition, it is necessary to take written explanations of such behavior.

In case of refusal to write an explanatory note, an act is drawn up signed by witnesses.

4. Dismissing the director under paragraph 2 of Art. 278, he is not warned in advance and may not explain the reasons for terminating the employment contract.

5. Upon receipt of reliable information from the Ministry of Internal Affairs about the presence of a criminal record of the director of the school, the employment contract with him must be terminated.

6. In case of complaints from children and their parents about the use of violence, both physical and moral, an investigation should be carried out, a written explanation should be taken from the director.

7. Complaints from the parent committee about misappropriation of funds collected by the parents of students must be considered and verified.

8. If there is an application, in the event of the director's own desire to terminate the employment contract or documents confirming violations of official duties assigned to the head of the school, an order is issued to dismiss him.

9. With the order to dismiss the principal of the school, they are introduced against signature.

In case of refusal to sign the document, an act is drawn up signed by two witnesses.

10. On the day of dismissal, the school principal receives a work book and all guaranteed payments, depending on the article of the Labor Code of the Russian Federation, on the basis of which the employment contract with him was terminated.

Basic rights and duties of the school principal

1. The principal of the school has the right to:

Management of the educational institution and staff and decision-making within the powers established by the Charter of the school;

Conclusion and termination of labor, civil law and other contracts with employees;

Creation together with other leaders of associations to protect their interests and to join such associations;

Organization of working conditions for employees, determined by agreement with the owner of the organization;

Encouragement of employees and application to them disciplinary action.

2. The principal of the school must:

Pay wages in full within the terms established in the collective agreement, the rules of internal work schedule, employment contracts ;

Carry out medical and other types of compulsory insurance of employees;

Create jobs for persons with limited ability to work within the established quota;

Carry out activities to save jobs;

Create conditions that ensure the protection of the life and health of students, pupils and employees, prevent their incidence of injuries, control the knowledge and compliance by employees with the requirements of safety instructions, industrial sanitation and hygiene, and fire safety rules.

3. Basic rights and obligations of school employees

The employee has the right to:

A job that meets it vocational training and qualifications;

Production and social conditions that ensure safety and compliance with occupational health requirements;

Upon a written application, the vacation must be postponed even if the employer did not notify the employee in a timely manner (no later than 14 days in advance) of the time of his vacation or did not pay before the start of the vacation wages during the vacation ahead (clause 17 of the Rules).

5.16. Teachers are prohibited from:

Change the schedule of lessons (classes) and work schedule at your own discretion;

Cancel, change the duration of lessons (classes) and breaks (changes) between them;

Remove students (pupils) from lessons (classes);

Smoking inside the school.

5.17. School staff and administration are prohibited from:

Distract teaching staff during school hours from their
direct work to perform various kinds

event and instructions not related to production activities;

convene at work time meetings, meetings and all kinds of meetings on public affairs;

The presence of unauthorized persons in the lessons (classes) without the permission of the school administration;

Enter the class (group) after the start of the lesson (class). Such a right, in exceptional cases, is used only by the headmaster or his deputies;

Make comments to teachers about their
work during lessons (classes) and in the presence of
students (students).

6. Encouragement for success in work.

6.1.3a conscientious work, exemplary performance job duties, success in training and education of students (pupils), innovation in work and other achievements in work, the following forms of employee promotion are applied (Article 191 of the Labor Code of the Russian Federation):

Declaration of gratitude;

Issuance of an award;

Awarding a valuable gift;

Awarding an honorary diploma;

Presentation to the title of the best in the profession;

Representation for special labor services to society and the state for state awards.

6.2. Incentives are announced in the order for the school, brought to the attention of the team and entered in the work book of the employee.

7. Labor discipline.

7.1. Employees of an educational institution are obliged to obey the director of the school and his deputies, to follow their instructions related to labor activity, as well as orders and instructions brought through official instructions or announcements.

7.2. employees, regardless of official position, are required to show
mutual courtesy, respect, tolerance, observe official
discipline, professional ethics.

7.3. For violation of labor discipline, i.e. non-performance or
improper performance through the fault of the employee assigned to him
labor duties (documents establishing labor
duties of employees of educational institutions are listed above),
the administration has the right to apply the following disciplinary sanctions
(Article 192 of the Labor Code of the Russian Federation):

Comment;

Rebuke;

Dismissal for appropriate reasons.

7.4. Disciplinary legislation may be
other categories of workers are also provided for
disciplinary sanctions (Article 192 of the Labor Code of the Russian Federation).

So, according to the Law of the Russian Federation “On Education” (clause 3, article 56), in addition to the grounds for terminating an employment contract at the initiative of the administration before the expiration of the employment contract, there are:

Repeated within a year gross violation the charter of the school;

Application, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;

The appearance at work in a state of alcoholic, narcotic, toxic intoxication.

7.5. For one disciplinary offense, only one
disciplinary action.

7.6. Application of disciplinary measures not provided for
law is prohibited.

7.7. A disciplinary sanction must be imposed within the time limits
established by law.

7.7.1. Disciplinary sanction is applied directly for
discovery of a misdemeanor, but not later than one month from the date of its
detection, not counting the time of illness of the employee or his stay in
vacation.

The penalty may not be applied later than six months from the day the misdemeanor was committed. The specified periods do not include the time of proceedings in a criminal case (Article 193 of the Labor Code of the Russian Federation).

7.7.2. In accordance with Article 55 (clauses 2.3) of the Law "On Education"
disciplinary investigation of violations by a teacher
educational institution can be carried out only on the received
against him a complaint filed in writing, a copy of which must be
given to this teacher.

The course of the disciplinary investigation and the decisions taken as a result of it can be made public only with the consent of this pedagogical worker, except in cases leading to a prohibition to engage in pedagogical activities, or if it is necessary to protect the interests of students and pupils.

7.7.3. Before the imposition of a penalty from the violator of labor discipline
written explanations must be requested. Employee refusal
give an explanation cannot be an obstacle to the application
disciplinary action, (Article 193 of the Labor Code of the Russian Federation).

7.8. The measure of disciplinary sanction is determined taking into account the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee.

7.9. An order to apply a disciplinary sanction, indicating the motives for its application, is announced (reported) to the employee subjected to the penalty against receipt (Article 193 of the Labor Code of the Russian Federation).

7.9.1. A record of a disciplinary sanction in the work book of an employee is not made, except in cases of dismissal for violation of labor discipline.

7.10. In case of disagreement of the employee with the disciplinary sanction imposed on him, he has the right to apply to the commission on labor disputes of the school and (or) to the court.

7.11. If within a year from the date of imposition of a disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have been subjected to disciplinary action (Article 194 of the Labor Code of the Russian Federation).

8. Labor protection and industrial sanitation.

8.1. Each employee is obliged to comply with the requirements for labor protection and industrial sanitation provided for by existing laws and other regulations, as well as comply with the instructions of the Federal Labor Inspectorate (Rostrudinspektsiya), instructions of the authorities labor inspectorate trade unions and representatives of joint commissions on labor protection.

8.2. The principal of the school, when ensuring labor protection measures, must
guided by model provision on the procedure for training and testing
knowledge on labor protection of managers and specialists of institutions,
enterprises of the education system, Regulations on the procedure for investigation,
accounting and registration of accidents with students and pupils
in the education system of the Russian Federation.

8.3. All school staff, including the principal, are required to undergo training,
briefing, checking knowledge of the rules, norms and instructions for labor protection and
safety precautions in the manner and within the time limits established for
certain types of jobs and professions.

8.4. In order to prevent accidents and professional
diseases, instructions on labor protection must be strictly followed, their
Violation will result in disciplinary action being taken
provided for in chapter VII of these rules.

I am a conscientious class teacher. Does the director have the right to release me from classroom management for refusing to renovate a classroom for which I am not paid How to protect my rights and remain the class teacher of this class?

Does the school principal have the right to take 0.5 librarian rates for work in the afternoon, because on other terms, no one agrees. The librarian worked part-time with us from 14.30 to 18.00 daily

Dear consultant! I am asking you the following question: I am a teacher of additional education at a children's school in Krasnodar. My workload is 36 hours a week. I work 4 days a week. Are the remaining 3 days considered my days off? The director claims that the state pays us 60 minutes. and not 45 minutes of a lesson, so we do not work out the full budget money, and we can be recalled at any time during our days off from work. does my director have the right, without my consent under (the teacher goes on vacation abroad), by order to force me to replace the lessons of this teacher on my days off? in the labor contract of the school it is written: the employer is in duties not stipulated by this labor contract, only in cases provided for by the legislation of the Russian Federation. working hours: the worker is set a 6-day working week, the working hours are according to the schedule of lessons, the day off is Sunday. I am required to provide a paper with a report in writing. Where do I work. Do I have to do this if I do not work in a budgetary organization? thank you in advance. with uv.Violetta Savelyevna.

Last year, my daughter studied in grade 10. On the eve of participating in the Olympiad, the history teacher took her to prepare for the Olympiad, forgetting to warn the physical education teacher about this, at the next lesson my daughter found out that the physical education teacher gave her a mark of 2, as a result, for the first for half a year she got a grade of 4. I was at school and talked with the director and with the teacher that the teacher does not have the right to grade absenteeism, being late, etc. Having not received a clear answer, I retreated. Now my daughter is already in 11th grade, and if not for this four, then my daughter could have received a silver medal.

I want to know if it is possible to somehow correct this assessment or is it too late, because it was not legal, what is required for this?

Today, the inspector for underage affairs came, explaining his arrival by the fact that throughout the week a man calls her and persuades her to visit me with the children, motivating that we are poor children, hungry and dirty, while not giving our names, we came and looked convinced that this was a far-false call after talking it turned out with us that this was a boyfriend I had rejected. with this, it was a little but understandable some kind of revenge on his part, but that’s the question itself, on what basis did the director and his assistants come to the school where the children have not studied for two years, the children study at a completely different school and in the school where the children study has no complaints against me, but the director of the old school has incomprehensible complaints and again affected my mother, who has been in the first disability group for five years. The question is, do they have the right to do this?

After 4 lessons, my girlfriend and I went to the dining room to eat, came, bought food and sat down at a free table. They sat quietly and ate, the teacher suddenly comes up and says QUOTE "Come on, let's go from here, the children should sit here, let's go quickly" and at that moment she shoved her hand in my girlfriend's back, at that moment when she was eating and she choked. I yelled at that teacher, then we left from there.

The next day, the principal of the school approached me and began to tell me QUOTE "I'm talking about that incident in the dining room. Do you think you did the right thing? Don't you dare yell at the teacher, you had to apologize and leave there at that time, you ate at the wrong time the time it was due." She talked and talked, I could not say anything, then she said she would call my father. When she was leaving, I managed to shout to her that for this you can sue the teacher. She came up and said that I was wrong, that they could sue me every day. I asked "does she have the right to treat us like that" she answered like this: "It's good that you haven't started fighting her yet, you shouldn't have been sitting at someone else's table" and left.

Is this my fault? Why should I apologize to this teacher, for the fact that she treats us like that? We have the right to eat after 4 lessons always, we don’t pay for lunches, but we ourselves buy and eat calmly. There was not a person on the table, there was no coupon (a piece of paper with the amount in the right portions).

What to do in this situation when the father arrives, can you sue for this at all? if so, under what article. As you can see, there is no point in filing a complaint with the director. What to do?

My daughter went to first grade at school number 79, every morning I take her to school. There she changes clothes in front of me, and I escort her to the locker room. She rises to class herself. But in Lately the headmistress of the school herself stands at the entrance and does not let the parents in, arguing that we suddenly turn out to be terrorists and there will be dirt left after us. Although before the school year, she promised to put a plastic partition on our wing (to separate first-graders from high school students), to make a toilet for high school students (while they go to our wing with first-graders).

But so far she has not kept her promise. Senior students (both in women's and men's) smoke in these toilets and do not let first graders in need. The kids have complained to me over and over. Teachers unanimously claim that they are struggling with this, but the director is inactive. We have repeatedly told her about this, but she is all her own, does not react, but forbids us to enter and accompany her child to the locker room. She generally told us parents that we have no rights at all, and our class teacher constantly gets our class teacher for arguing with her.

When I told the director that we would complain and write letters to higher authorities, she simply threatened our class teacher that if we wrote, then our class teacher would be responsible for all this. Please tell us how to be. The school is a complete mess, high school students not only smoke in the toilets, but also go stoned around the school, they don’t change their second shoes, they offend younger students. What should we parents do, tell me please.

Where can I turn, although we parents understand, if we start to write and complain, she will find a reason to fire our class teacher and start stuffing our kids. The school is a complete mess.

My son went to college, studied for 1 month during this time, fell ill twice, I decided to take him out of the school and transfer him to school in the 10th grade, we agreed with the school, but the school administration refuses to expel us of its own free will, citing the fact that we fell under the state order and funding was transferred to us. Their next argument is that we can only move from them to another school, but if we go to school, or just leave, they will not give us the documents. Moreover, they threaten the guardianship service (if the child does not attend classes) or trouble the school principal (if we insist on the transfer).

Please tell me - does the educational institution have the right to refuse us expulsion at its own request, to keep us and our documents in this educational institution? If there is no such right, then what articles of the law are they violating?

I have been working for 2 years in a school English language I'm going on maternity leave in November. Last year at school I had a workload of 19 hours plus 5 hours of homeschooled students. After a vacation this year, despite the fact that I announced the pregnancy. I was put in front of the fact that I now work 24 hours of basic lessons, plus 4 hours of extracurricular work, which does not fit into the schedule at all. Today the director tells me that I have to work with home schooling again, this is another 4 hours. I physically can no longer work, because. 2 shifts. The first week was hard. And she doesn’t even hear me, that I won’t go to homeworkers. Because there is 1 more English teacher. To which they answer me that I am young and God will give you health. Dear lawyer, please help me figure this out. Do I have the right to refuse not only homeworkers, but also part of the load? Pregnancy is very difficult. with complications, but no one wants to understand me. thank you very much for your reply.