Principal rights and obligations of a school principal. Job description and duties of the school director Duties of the head of the educational institution

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 headmaster does not react in any way, can we, the parents, change the situation?

(Pavlova Irina)

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

The child is studying at a public school. The director monthly for several years requires payment for the security of the school and an additional surcharge for the work of a cleaner. In case of refusal to pay, a receipt-statement is required from me. Is the director right and can I refuse? Will my refusal to pay affect my child's progress?

The director is wrong. Legally refusing to pay will not affect your 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 a school check would not allow a pregnant schoolgirl and she would be kicked out. 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 must 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 general education, for example, external studies, family education, etc. In case of illegal expulsion, your friend (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 the school lunches for which they have to pay? And yet, 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 is it necessary to pay for the food in it? In general, this issue and the procedure for participation in its decision by the school government should be regulated by the school charter. 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 if the parents do not agree to have their child left for the second year? And in general, does their opinion have any effect on this issue?

(Balyakina S.)

In accordance with the Law of the Russian Federation "On Education", this depends on the level of education, but the opinion of the 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 debt in two or more subjects at the discretion of their parents (legal representatives) are left for repeated training, are transferred to compensatory education classes with a smaller number of students per 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 academic debt in two or more subjects or conditionally transferred to the next class and have not eliminated 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 homeroom teacher and teach children in a class with their own child?

(Olga V.)

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

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

(Polina Goryacheva)

Doesn't have. A necessary precondition for medical intervention (including examination) is the informed voluntary consent of the citizen. Legal representatives (parents) give consent to medical intervention for minors.

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 get an extension, they will take it. Work in the traffic police is not such a basis.

In our school, the question arose of installing CCTV cameras. Does the district administration have the right to demand the installation of video cameras, is it not infringing on the rights of students?

(Ekaterina)

In principle, the installation of video surveillance cameras in the school is legitimate, however, parents and students have the right to oppose and, in accordance with the charter of the educational institution, demand the cancellation of this decision.

In a physical education lesson, as a result of non-observance of safety precautions, the child was injured (fractured). What is the degree 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 head of the school issues a corresponding order.

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

The school charter 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 system. The list of entrance examinations is determined by the educational institution, and may differ depending on the specialty or direction of training, the form of education, the period of mastering the implemented professional educational program (full or reduced) and the course for which the admission is carried out. For more information, you should contact the internal affairs bodies at your place of residence.

I'm a 10th grade student. We are forced to work in the school cafeteria instead of lessons. All classes must work, two people per class per day. The principal says this is written in the school charter. I personally do not eat in this cafeteria. Is it legal to make us work in the cafeteria?

(Vladimir P.)

Even if it is written in the school charter, and even if you ate in this canteen, the school administration has no right to force you to work in it, all the more, 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 10.07.1992 No. 3266-1 "On Education", it is prohibited to attract students from civil educational institutions without the consent of students and their parents (legal representatives) to work not provided for by the educational program. ...

Does the school have the right to write a letter to the mother's enterprise about the failure and truancy of a 6th grade child, 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 recommend that you file a complaint with the education committee.

I am 14 years old and they refuse to let me into the digital equipment store. When I asked to provide me with a document on the basis of which they would not let me in, I was told that the private security company, responsible for ordering the store, is 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's security are signs of arbitrariness (Article 19.1 of the Administrative Code), 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 was taken to the hospital. Can I file a lawsuit against his parents for compensation for moral and material damage. And what do I need to do for this?

(Anna Aleksandrovna)

In accordance with paragraph 3 of Article 1073 of the Civil Code of the Russian Federation, 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 did not arise from their fault in the exercise of supervision.

Minors between the ages of fourteen and eighteen are independently liable for the harm caused on a general basis.
Thus, depending on how old the perpetrator of harm is, you should recover damages from him or from the school. You can go to court with a 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 Learning Conditions in General Education 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 - 20 ° C with their usual glazing and 19 - 21 ° C - with tape glazing;
• in training workshops - 15 - 17⁰C;
• in the assembly hall, lecture hall, singing and music class, club room - 18 - 20⁰С;
• in informatics rooms - optimal 19 - 21⁰С, permissible 18 - 22⁰С;
• in the gym and rooms for section classes - 15 - 17⁰С;
• in the locker room of the sports hall - 19 - 23⁰С;
• in doctors' offices - 21 - 23⁰С;
• in recreation - 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.

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

(Alexey Vinnikov)

It's illegal. As a general rule, the person who caused the damage (or, in this case, the parents) must compensate for the damage.

Can you please tell me 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 within the framework of an online consultation without other information. I will only say that, firstly, witnesses may still be found (someone took out the trash, someone smoked on the balcony), and secondly, the court also takes into account other evidence - perhaps, for example, that the fight was recorded by an external surveillance camera , of which there are a lot in the city.

Hello, I have one question, I don’t know where to go? The teacher refused to teach an English lesson in the eighth grade because of the bad behavior of the students, and has not been present for three lessons in a row. Due to the absence 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 between 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 truancy).

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 is rarely resolved by purely legal methods, it is necessary to negotiate and look for 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 for scientific, polemical, critical or informational purposes in an amount justified by the purpose of the publication (Article 1274 of the Civil Code of the Russian Federation).

Please tell me what the fine is 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 does not drive it as part of a training ride. Article 12.7 of the Administrative Code for driving a vehicle by a driver who does not have the right to drive a vehicle provides for a fine of 2,500 rubles. In addition, a fine of 2,500 rubles may also be imposed on a person who has transferred control of a car to a person who knowingly 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, a prerequisite is signing a written contract + getting insurance. Until how old should parents sign for a child?

(Alena K.)

As a general rule, the ability of a citizen by his actions to acquire and exercise civil rights, create civil obligations for himself and fulfill them (civil legal capacity) arises in full with the onset of majority, that is, upon reaching the age of eighteen. Minors between the ages of 14 and 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 dispose of their earnings, scholarships or other income. Small transactions, as a rule, are understood as transactions concluded for a small amount for cash, executed at their conclusion and with the aim of satisfying personal needs (purchase of groceries, office supplies, etc.).

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 school director refused to give such a certificate. Are the actions of the owner of the sink and the director lawful?

(Roman Parshin)

Hello! The school director simply cannot issue such a certificate, because this is not provided for by the current legislation, and the owner of the sink, apparently, incorrectly formulated his demand. In accordance with the Labor Code of the Russian Federation (Article 63), with the consent of one of the parents (guardian) and the guardianship and guardianship authority, an employment contract can be concluded with a student who has reached the age of fourteen years, in order to perform light work in his free time that does not harm him health and non-disruptive learning process. To conclude an employment contract, you need to provide the employer with the specified consent.

My new shoes were stolen from my school locker room (which is not guarded in any way). The parents wrote a statement to the police. Is it possible to obtain compensation from the school for the damage?

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 am serious about basketball. I train every day, there are often camps and competitions in other cities. There is very little time left for lessons. Can I study with a lightweight program?

You will not be able to study under the lightweight program, since general education is compulsory and there is a single federal state educational standard for it. However, you have the right to choose a more suitable form of education (evening, external 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 for the full 11 years. At the end of the 11th grade, all males will turn 18 years old. Final exams at the school are held until June 25, and the call 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, bypassing the summer call?

Hello! In accordance with Federal Law No. 53-FZ of 28.03.1998 "On Military Duty and Military Service", a deferral from conscription is granted to citizens enrolled in 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 the university, you must be called up, 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 truancy, I could not come to school for family reasons. The next day, the class teacher began to demand from me a certificate or some kind of document, which would explain why I was absent. Notes from parents are not accepted. Then the class teacher threatened me that if this happened again, I would be expelled from school. I have a question, does he have the right to demand a certificate if I was absent for 1-2 days, and raise the issue of excluding me from school?

Hello! In this case, it is necessary to study the charter of your educational institution, it is quite possible that it contains the need for documentary confirmation of the reasons for absence from class. However, it seems unlikely that they will be expelled from school for one missed school day. I think it makes sense for your parents to personally explain to the homeroom teacher that the reason you missed class is valid.

To what extent is it legal to bring a student to disciplinary responsibility for “disgraceful behavior and irresponsible attitude to study”?

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 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 prosecution, of course, should be formulated more specifically.

We have a regular school, but there is a disabled person in our class. Is this a violation of the rules?

The Russian Constitution and the Law "On Education" guarantee everyone the right to receive education without any restrictions due to health conditions.

Are children from a large family entitled to free education at a music school?

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

Please help me figure out the situation. Let's say I took a photo of people at a school or club and posted these photos on the site without the knowledge of these people. Did you need to get permission from these people to publish? And can these people present me with any legally substantiated claims in this regard?

It is difficult to unequivocally answer your question, since there is not enough information. The procedure for protecting images of citizens is governed 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 for free visits, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events) , except when such an image is the main object of use. I suggest you evaluate the compliance of the pictures 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 their "uniform" are sent home from school. 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 have no right to deny you the opportunity to attend lessons due to the fact that your appearance does not correspond to the statutory one. By the way, you can try to find like-minded people in the school and seek changes or abolition of the provision of the charter on school uniforms.

My friends and I recently painted graffiti on a nearby school and several apartment buildings. Can we be held accountable for this? If so, which article of the Criminal Administrative Code could we have violated?

Your actions may be qualified under article 7.17 of the Code of Administrative Offenses - destruction or damage to someone else's property, which did not entail 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 recovered compensation for the damage caused in full, which in practice means compensation for the costs of eliminating the "arts".

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

Article 20 of the Federal Law of August 15, 1996 "On the procedure for leaving the Russian Federation and entering the Russian Federation" states that if a minor citizen of the Russian Federation leaves the country unaccompanied, he must have a passport and notarized consent parents (guardians, trustees) to leave, indicating the date of departure and the state he intends to visit. Such consent can be formalized 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 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 begins from the age of 14, and the punishment is imprisonment for up to 8 years. 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 agencies. In addition, the headmaster of the school, as an official, is responsible for what happens at the school. Therefore, I recommend that you first contact him, and then submit an application to the police.

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

Hello! Of course, neither the class teacher nor the headmaster of the school have such a right. Of course, your parents can make a contribution, for example, for the renovation of the school, but this is entirely voluntary. The law on education states that a school has the right to raise additional funds only through the provision of paid additional educational services, as well as through voluntary donations and earmarked contributions. Moreover, they also do not have the right to impose paid services on you - they are additional, that you yourself and your parents should decide whether these services are needed and whether the parents are ready to pay for them.

Does the teacher have the right not to let me go to lessons because I have piercings and non-standard appearance?

The teacher, of course, has no right not to let you go to the lesson because you do not look quite usual. The Constitution of Russia and the Law "On Education" guarantee everyone the right to receive education without any restrictions on appearance, so that a golden nose ring cannot become a reason for removing you from class. Even if the school charter stipulates that students must wear steel armor, spurs and swords, you still have the right to attend classes in a modest quilted 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 you should shock the old teacher, because in the end you are also probably interested in a friendly atmosphere in the classroom, or am I mistaken?

Every year we have a so-called "industrial practice" at our school, when for 2 weeks we paint floors, windows, chairs and desks in the school. Is this the exploitation of child labor?

In accordance with paragraph 14 of Article 50 of the Law of the Russian Federation "On Education", it is prohibited to attract 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. According to paragraph 16 of this article, students, pupils of civil educational institutions have the right to freely attend events not provided for in 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, it is responsible for the life and health of students, pupils and employees educational institution during the educational process and for violation of the rights and freedoms of students, pupils and employees of the 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 take it. In any case, in this case, conditions must be created to ensure the safety of life and health of students.

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

Yes it is possible. This form of education is called external studies. Currently, the conditions for passing it are regulated by the Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1 (article 10) and the Regulation on obtaining general education in the form of external studies, approved by Order of the Ministry of Education of the Russian Federation No. 1884 dated June 23, 2000. Application Your parents must submit to the school principal about passing the midterm or final certification as an external student, and the requirements of the school charter must be taken into account. As an external student, you have the right to receive the necessary consultations (within 2 academic hours before each exam), to take educational literature from the school library; attend laboratory and practical classes; take part in various Olympiads and competitions, centralized testing.

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

Clear business! Moreover, you can start, for example, with the police. Or complain to the headmaster. Or the education committee. Much, of course, depends on how hard you were hit and what kind of physical and mental suffering you experienced. The Criminal Code contains a whole set of wonderful articles for every taste - causing various degrees of harm to health, beatings, torture ...

But seriously, it is impossible to leave such a matter unattended in any case. If your health is injured, there are wounds, abrasions, some kind of internal damage, or just after a blow you feel unwell, the first thing to do is seek medical help. Record the harm caused to health in the clinic or emergency room. Be sure to report the incident to the school principal, he is obliged to take action. And only after that, decide if you want the teachers 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, the investigation will have to prove that the teacher really hit you, so it's worth stocking up on evidence. Testimony, as well as a certificate from a medical institution, will do.

The post of a school director is quite responsible and serious, and only a real professional with relevant experience in the pedagogical field can manage such a system. In today's article, we will talk about the job description and the main responsibilities of the director, failure to comply with which can lead to disciplinary responsibility.

General Provisions

The section of the job description called "general provisions" contains the following points:

• during vacation or in the presence of serious health problems, all duties of the director for educational and educational work are automatically transferred to his deputy;
• a school principal cannot hold office without a higher professional education diploma and 5 years of experience in teaching positions. He also needs to pass the appropriate certification;
• he is not allowed to combine other management positions;
• all deputy directors report directly to him. The director has the right to give a binding task to any school employee or student. He can also revoke the orders of his deputies and other employees;
• in his work, the head of the school observes the laws of the Russian Federation, decrees of the President of the Russian Federation and the Government of the country, as well as the Charter of the educational institution and its local legal acts.

Functions

The school director performs the following functions:

• coordinates the educational and educational work of the educational institution, provides administrative and economic activities;
• creates conditions for the correct implementation of safety standards and rules at school.

Obligations of the head of an educational institution

The duties of the head of the school include:

Rights

The director's competence allows him to:

A responsibility

Relationships by position

School manager:

• performs his duties on an irregular working day according to the schedule fixed by the School Council and constituting a 40-hour working week;
• the head of the school keeps in touch with:

1. With the Council of the educational institution
2. With the Pedagogical Council
3. With some local governments

• every year he independently draws up his work schedule for each academic quarter;
• at the appointed time and in the prescribed form, he maintains reports, which he provides to the municipal (or other) bodies or the founder;
• accepts from the municipal (or other) bodies the proper information on regulatory, organizational and methodological matters, gets acquainted with these documents and gives a receipt.

Thus, the job description contains all the basic functions, rights and obligations of the school director. Each educational institution has the right to change or add some provisions, but all this must be done in accordance with the Charter of the school.

A school director is the head and "face" of an educational institution. In the modern sense, a school director is, in fact, a hired educational institution. This position is appointed, not elective. The director is in charge of many issues directly related to the activities of the institution: management of pedagogical and other personnel, students, economic, financial and legal aspects.

There are certain requirements for a person applying for this position. These include: the presence of higher professional education, work experience of at least 5 years in teaching and management positions, the appropriate level of qualifications and certification. When appointing a school director, not only higher pedagogical, but also managerial education is encouraged. The director of the school is appointed and dismissed by the founder of the educational institution. The headmaster can be appointed through the promotion of acting deputies, or "from the outside".

Control over the activities of the director of an educational institution

If the school is public, then the founder is the education department of the city or municipality represented by the head of this department. The employer for the school director is the Department of Education, it is it who concludes an employment contract with him and sets the amount of wages. The size of the director's salary is determined based on the average salary of the teaching staff. If the school is private, then private legal entities and individuals can be the founder. In this case, the founder also concludes an employment contract with the director and sets the amount of wages. An employment contract with a school director can be either fixed-term or unlimited. The founder exercises control over the activities of the director and the institution as a whole.

The founder of an educational institution can also appoint a Supervisory Board, which oversees the director's professional activities, educational process, financial resources, major transactions, and so on. The composition of the Supervisory Board is approved by the founder of the educational institution in the form of an order.

The headmaster bears administrative and criminal responsibility. The director can also be dismissed from his post by a court decision.

As we know, any officially employed person has a guaranteed right to terminate labor relations 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 fulfillment 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 director of the school is quite a 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 director of the school.

The level of education of school graduates and their upbringing depend on teachers who have high moral values, who set an example for imitation by their behavior, who know and love their subject, which they teach so well that they can convey their knowledge to children.

We all went to school and remember that some lessons were looking forward to, others were obviously reluctant.

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

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

The headmaster should directly listen to the opinions of students and parents about the teaching staff and their professional skills.

Persons with higher pedagogical education who have sufficient experience in the work of the Ministry of Education and Science of the Russian Federation by concluding an agreement for a period of 5 years are appointed to the position of a school director.

Upon the expiration of the contract, it can be extended or terminated.

In the event that the director wants to terminate the contract ahead of the expiration date, he has the right to submit an application.

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 be able to find a suitable candidate for the vacant position.

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

If a new employee was invited to the director's place in writing by transfer and has already managed to quit his main job, he cannot be denied employment according to the law.

Therefore, the former director, even if by this time has changed his mind to terminate the employment relationship, will be dismissed 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 out the due period.

The headmaster is no exception.

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

• upon retirement;
• in case of admission to the stationary form of study;
• 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, a school director, like any teacher who directly performs the function of raising children, can be fired:

• according to clause 8, h. 1, Art. 81 of the Labor Law for behavior that is considered immoral in society and incompatible with the activities of a teacher;
• according to clause 13 of part 1 of article 83 of the Labor Code of the Russian Federation, if facts are established that do not allow to engage in pedagogical, especially managerial activities;
• Article 336 of the Labor Code of the Russian Federation makes it possible to terminate an employment contract with a pedagogical worker, including with a school director, since, first of all, he remains a teacher, in case of violation of the statute in force in an 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 may be dismissed, even in cases when it was not himself who personally used violent methods against the 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 the school principal has been caught using funds raised by the 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 income of voluntary parental contributions is spent, has the right write a complaint to the Department of Education.

To carry out the verification, the complaint must not be anonymous; it is necessary to collect the signatures of the pupils' parents in advance.

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

Reasons for dismissal

The grounds for dismissing a director may vary.

1. Application to resign of your own free will.

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

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 their own accord are family troubles, which do not have to be detailed in the application.

2. When a director is dismissed for committed violations, according to the norms of the current legislation, the reason may be:

• according to clause 1 of Art. 81 of the Labor Code of the Russian Federation - 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 fails to fulfill his duties assigned to him (clause 5 of article 81 of the Labor Code of the Russian Federation);
• in case of a gross violation of official duties, one revealed fact is enough for the school director to be fired (clause 6 of article 81 of the Labor Code of the Russian Federation);

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

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

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

• committing an act incompatible with the principles of morality accepted in society is impossible to continue the activities of a pedagogical nature (clause 8 of 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 school director can be dismissed on the grounds of Art. 351.1 Labor Code of the Russian Federation,

providing for the early termination of labor relations with employees in the field of education in the event that persons engaged in pedagogical activities have been convicted of criminal acts directed against the life and health of people, as well as freedom, honor, and 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 director (as well as all teachers) is the use of teaching methods with the use of violent methods of physical or mental impact on the student (clause 2, part 1 of article 336 of the Labor Code of the Russian Federation).

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

Instructions

1. Upon dismissal of the headmaster of his own free will, he must submit an application with a warning about the termination of employment one month before the termination of the contract, if there is no reason when he can be dismissed earlier, which must be documented.

2. When a school is liquidated, the governing body must notify the principal in writing two months before the scheduled dismissal.

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

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

If you refuse 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 be explained 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 school director, the employment contract with him must be terminated.

6. In case of receipt 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 from the director should be taken.

7. Complaints from the parent committee about the misappropriation of funds raised by the parents of students should be reviewed and audited.

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

9. The order to dismiss the school director is 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 director 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.

Fundamental rights and obligations of a school principal

1. The headmaster has the right to:

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

Conclusion and termination of labor, civil 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;

Encouraging and disciplining employees.

2. The headmaster is obliged to:

Pay wages in full within the time frame established in the collective agreement, internal labor regulations, labor contracts;

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

Create jobs for people with disabilities within the established quota;

Conduct measures to preserve jobs;

To create conditions that ensure the protection of the life and health of students, pupils and workers, to prevent their incidence of injuries, to control the knowledge and observance by employees of the requirements of safety instructions, industrial sanitation and hygiene, fire safety rules.

3. Basic rights and obligations of school employees

The employee has the right to:

A job that meets his professional training and qualifications;

Industrial and social conditions ensuring safety and compliance with occupational health requirements;

According to a written application, the vacation must be postponed even if the employer did not timely (no later than 14 days) notify the employee about the time of his vacation or did not pay the salary for the vacation in advance before the start of the vacation (clause 17 of the Rules).

5.16. Pedagogical workers are prohibited from:

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

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

Remove students (pupils) from lessons (classes);

Smoking in the school premises.

5.17. School and administration employees are prohibited from:

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

events and orders not related to production activities;

Convene meetings, sessions and all kinds of conferences on public affairs during working hours;

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

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

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

6. Rewards for success in work.

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

Announcement of gratitude;

Award issuance;

Rewarding with a valuable gift;

Awarding with a certificate of honor;

Submission to the title of the best in the profession;

Presentation 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 employee's work book.

7. Labor discipline.

7.1. Employees of an educational institution are obliged to obey the director of the school and his deputies, follow their instructions related to work, as well as orders and prescriptions communicated with the help of official instructions or announcements.

7.2. Employees, regardless of their position, are required to exercise
mutual courtesy, respect, tolerance, respect the official
discipline, professional ethics.

7.3. For violation of labor discipline, i.e. failure to comply 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 on appropriate grounds.

7.4. Disciplinary legislation may include
provided for certain categories of workers also other
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. Art. 56), in addition to the grounds for terminating the employment contract on the initiative of the administration before the expiration of the employment contract, the following are:

Repeated gross violation of the School Charter during the year;

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

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

7.5. Only one disciplinary offense may be imposed
disciplinary action.

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

7.7. Disciplinary action must be imposed within the time limits,
established by law.

7.7.1. Disciplinary action is applied directly for
detection of a misdemeanor, but no 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 cannot be applied later than six months from the day the offense was committed. The specified time limits do not include the time of the criminal case (Article 193 of the Labor Code of the Russian Federation).

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

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

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

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

7.9. An order on the application of a disciplinary sanction with an indication of the motives for its application is announced (communicated) to the employee subjected to the penalty, on receipt (Article 193 of the Labor Code of the Russian Federation).

7.9.1. An entry on a disciplinary sanction is not made in the employee's work book, except in cases of dismissal for violation of labor discipline.

7.10. If the employee does not agree with the disciplinary sanction imposed on him, he has the right to apply to the school's labor dispute committee 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 subject to disciplinary sanction (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 labor protection and industrial sanitation requirements provided for by applicable laws and other regulations, as well as comply with the instructions of the Federal Labor Inspectorate (Federal Labor Inspection), the orders of the labor inspection bodies of trade unions and representatives of joint labor protection commissions.

8.2. The school director, when ensuring labor protection measures, must
be guided by the Model Regulations on Training and Testing Procedures
knowledge on labor protection of managers and specialists of institutions,
enterprises of the educational system, the Regulations on the Investigation Procedure,
registration and registration of accidents with students and pupils
in the education system of the Russian Federation.

8.3. All school employees, including the principal, are required to undergo training,
instruction, testing of knowledge of rules, norms and instructions on labor protection and
safety precautions in order and within the timeframes set for
certain types of work and professions.

8.4. In order to prevent accidents and professional
diseases must be strictly followed by the instructions for labor protection, their
the violation leads to the application of disciplinary measures,
provided for in Chapter VII of these rules.