Legal status of teaching staff.

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

Federation.

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

Teaching staff enjoy the following academic rights and freedoms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;

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

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

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

5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;(as amended by Federal Law No. 216-FZ of July 21, 2014)

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

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

The working hours of teaching staff, depending on the position held, include educational (teaching), educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work provided for by labor (official) duties and (or) an individual plan, - methodical, preparatory, organizational, diagnostic, monitoring work, work provided for by the plans of educational, physical culture and health, sports, creative and other events held with students. Specific labor (official) duties of teachers are determined by labor contracts (service contracts) and job descriptions. The ratio of educational (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee. The mode of working time and rest time of pedagogical workers of organizations engaged in educational activities is determined by a collective agreement, internal labor regulations, other local regulations of an organization engaged in educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account features established by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of education. Pedagogical workers living and working in rural settlements, workers' settlements (urban-type settlements) are entitled to compensation for expenses for paying for housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses related to the provision of these measures of social support to pedagogical workers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budgetary allocations from the federal budget, and pedagogical workers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the subjects of the Russian Federation and are provided at the expense of budget appropriations of the budgets of the constituent entities of the Russian Federation. Pedagogical workers of educational organizations who, by decision of the authorized executive authorities, participate in the conduct of the unified state exam during working hours and are released from their main work for the period of the unified state exam, are provided with guarantees and compensations established by labor legislation and other acts containing labor law norms. Pedagogical workers participating in the unified state exam are paid compensation for the work on preparing and conducting the unified state exam. The amount and procedure for payment of the specified compensation are established by the constituent entity of the Russian Federation at the expense of budgetary appropriations from the budget of the constituent entity of the Russian Federation allocated for the conduct of the unified state exam. In order to attract graduates of professional educational organizations and educational organizations of higher education to teaching activities, state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(see text in previous edition)

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

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

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

(see text in previous edition)

7. The mode of working time and rest time of pedagogical workers of organizations engaged in educational activities is determined by a collective agreement, internal labor regulations, other local regulations of an organization engaged in educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established, depending on the scope of jurisdiction, by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of general education, or by the federal executive body, which carries out the functions of developing and implementing state policy and regulatory legal regulation in the field of higher education.

(see text in previous edition)

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

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

(see text in previous edition)

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

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

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

See what "ACADEMIC FREEDOM" is in other dictionaries:

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

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

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

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

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

    FREEDOM ACADEMIC- ACADEMIC FREEDOM... Legal Encyclopedia

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

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

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

Books

  • Memoirs: From the life of the State Council 1907 1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) `From the life of the State Council 1907-1911` were not known to researchers for a long time. Valuable records were found only in ...
  • Memoirs: From the life of the State Council 1907–1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) "From the life of the State Council 1907-1911." have not been known to researchers for a long time. Valuable records were found only ...
The draft of the new law "On Education in the Russian Federation", which is currently submitted to the State Duma, contains norms that establish a special status for teaching staff.

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

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


3. Pedagogical workers enjoy the following academic rights and freedoms:
1) freedom of teaching, freedom to conduct research, disseminate their results, free expression of one's opinion, freedom from interference in professional activities;
2) freedom of choice and use of pedagogically sound forms, methods, methods and techniques of teaching and educating students to master educational programs, including work programs of individual training courses, subjects, disciplines and modules;
3) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the educational program being implemented, a separate training course, subject, discipline and module;
4) the right to choose textbooks, teaching aids, materials and other teaching aids in accordance with the educational program and in the manner established by the legislation of the Russian Federation on education;
5) the right to participate in the development of educational programs, including curricula, academic calendars, methodological materials and other components of the educational program;
6) the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, development and implementation of innovations in the manner established by the legislation of the Russian Federation and (or) local regulations of the organization carrying out educational activities;
7) the right to free use of libraries and information resources, access to information and telecommunication networks and databases, educational and methodological materials, museum collections, material and technical means of supporting the educational process, necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations, carrying out educational activities;
8) the right to free access to the use of the services of educational, methodological, scientific and other structural units (if any) of an organization carrying out educational activities;
9) the right to participate in the management of an educational organization, including in collegial management bodies and self-government bodies, in the manner determined by the charter of this organization;
10) the right to participate in the discussion and resolution of issues related to the activities of the educational organization, including through the governing bodies and public organizations;
11) the right to join public professional organizations in the forms and procedure established by the legislation of the Russian Federation;
12) the right to apply to the commission for the settlement of disputes between participants in educational relations;
13) the right to protection of professional honor and dignity, to a fair and objective investigation of violations of professional ethics.

4. The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the Code of Professional Ethics of Pedagogical Workers, approved by the All-Russian Congress of Pedagogical Workers.

5. The academic rights and freedoms granted entail the responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.
6. Pedagogical workers have the following labor rights and social guarantees:
1) the right to reduced working hours;
2) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;
3) the right to a long vacation for a period of up to one year at least every ten years of continuous teaching work in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education;
4) the right to early appointment of an old-age labor pension in the manner prescribed by the legislation of the Russian Federation;
5) the right to provide those in need of residential premises out of turn with residential premises under social rental agreements or the provision of residential premises of a specialized housing stock;
6) other labor rights, measures of social support established by federal laws and legislative acts of the constituent entities of the Russian Federation.

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

8. The mode of working time and rest time of pedagogical workers of organizations engaged in educational activities is determined by the collective agreement, internal labor regulations, work schedules and class schedules in accordance with the requirements of the Labor Code of the Russian Federation.
Features of the regime of working time and rest time of teaching staff are established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of education.

9. The Government of the Russian Federation, public authorities of the constituent entities of the Russian Federation and local governments have the right to establish, at the expense of budgetary appropriations, respectively, the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, additional guarantees and measures of social support for teaching staff, including the provision of compensation for the costs of paying housing and communal services for teachers living and working in rural areas, workers' settlements (urban-type settlements), as well as retired teachers, if they lived and worked in rural areas, workers' settlements (urban-type settlements ) for at least ten calendar years.

10. To teaching staff of educational organizations participating, by decision of authorized executive authorities, in conducting a unified state exam during working hours and released from their main work for the period of conducting
unified state exam, guarantees and compensations are provided as established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation containing labor law norms.
Pedagogical workers participating in the unified state exam are paid compensation for the work on preparing and conducting the unified state exam. The amount and procedure for payment of compensation are established by the constituent entity of the Russian Federation within the budget allocations of the budget of the constituent entity of the Russian Federation allocated for the conduct of the unified state exam.

11. In order to attract graduates of professional educational organizations and educational organizations of higher education to teaching activities, state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support for persons classified as young specialists in the manner established by the legislation of the constituent entities of the Russian Federation.

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

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

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

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

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

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

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

In the Russian Federation, teaching staff enjoy the following academic rights and freedoms:

  • 1. Freedom of teaching, freedom of expression, freedom from interference in professional activities.
  • 2. Freedom of choice and use of pedagogically sound forms, means, methods of education and upbringing.
  • 3. The right to creative initiative, development and application of author's programs and methods of education and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module).
  • 4. The right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education.
  • 5. The right to participate in the development of educational programs, including curricula, calendar training schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs.
  • 6. The right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, developments and innovations.
  • 7. The right to free use of libraries and information resources, as well as access, in the manner prescribed by local regulations of an educational organization engaged in educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of support educational activities necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations engaged in educational activities.
  • 8. The right to free use of educational, methodological and scientific services of an organization engaged in educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations.
  • 9. The right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization.
  • 10. The right to participate in the discussion of issues related to the activities of an educational organization, including through management bodies and public organizations.
  • 11. The right to join public professional organizations in the forms and in the manner established by the legislation of the Russian Federation.
  • 12. The right to apply to the commission for the settlement of disputes between participants in educational relations.
  • 13. The right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.