Why remove the headmaster of the school. How to fire a school principal. Can a teacher be fired and on what grounds? Reasons for the dismissal of a teacher

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 fired 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, while 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 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 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 of Clause 3 of Art. 77 of the Labor Code of the Russian Federation.

Labor legislation (Art. 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 Code 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 can 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 found to use 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 submitting 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 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 case 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 hid 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. When dismissing 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.

How to remove a school principal from office?

Hello! The headmaster forced our primary school teacher to write a letter of resignation.

How to fire a school principal

Children have become very attached to the class teacher for half a year. The headmaster has forced 13 people to resign over the past year. She destroyed the whole team. The teachers themselves hint at this to us, but they are afraid to talk about it openly, because they say there is someone to stand up for her. She so intimidated our teacher that she begs us not to report anywhere, because she does not want to remain disabled !!! This is not a director, but a tyrant! How to proceed in such cases? We, as representatives of our children, do not want to see this woman as a director. Thank you in advance!

Lawyers' answers

8735 lawyers are waiting for you Quick response, is free!

Degtyareva A.G. (03/04/2017 at 18:50:52)

Hello! Under the circumstances you have outlined, it is time for you to write a collective statement to the prosecutor's office to conduct a prosecutor's check on the fact of violations and claims on the part of the school principal. You also have the right to submit an application (complaint) to the labor inspectorate, Rosobrnadzor and the Ombudsman in your region. Believe me, the tyrant director will not seem a little! If you find it difficult to write a complaint (statement) yourself with circumstances justified by law, please contact.
I wish you good luck and a successful fight! If you have any more questions or new ones, please contact us.
Please leave a rating for my answer, I hope it was useful to you.
Sincerely, [email protected]

Novikov Dmitry Alexandrovich (03/06/2017 at 09:26:23)

Hello.

You should file a collective complaint with the prosecutor's office for an inspection. If you need help in resolving your issue, please contact me, I will be glad to help you.

The headmaster is trying to fire me in any way. What to do?

Hello. Your qualified help and support is very necessary. I have been working as a Ukrainian language teacher for 18 years. I have never changed my place of work, I have 1 category. She was hired for a permanent job with a full weekly workload.

Then I simply will have nothing to support and teach children. Of my parents, only my mother is alive. She is retired but still employed. The new headmistress has a position: if you want to protect yourself, look for the law.

I know that she cannot fire me on three counts: 1 - I am the only working breadwinner in the family; 2 - I have a student, and 3 - I worked at this job for quite a long time. At the beginning of this school year, she forced her through threats and pressure to write a letter of consent to work part-time. Gave only 12 hours. Of these, 3 hours of individual training for the child (I have a certificate, I took courses for this and I can teach children with health problems or mentally retarded) + 1 hour of the basics of health (I am not a specialist in this subject).

Despite the fact that I remained underutilized, the headmistress takes a person from the outside and gives her 6 hours of the basics of health (despite the fact that that woman is also not an expert in this subject). I asked the headmaster of another school and they told me that it was not legal and not human. But I can’t complain to anyone: the headmistress’s best friend is over the city, and the mayor is her godfather.

A vicious circle and complete hopelessness. I tried to find a job at another school. But there are no free bets anywhere. We have a lot of working pensioners in education, the town is small. Please tell me how to protect myself with an article of the Law, what should I do in this situation.

One more point. After me, two people were hired: one with a part-time weekly workload, and the second for a maternity place and under a contract. The maiden in 2013 is going to go to work.

The number of children in the school is decreasing & hellip. children leave school because they have to donate a lot of money for repairs, etc. This year I will somehow live with grief, but what to do next ??? Help.

I am counting on you very much. Prompt, advise. Thank you very much in advance.

I look forward to hearing from you. Goodbye. Answer: Hello.

Actually, with the letter laws - you are protected. They won't be able to fire you. However, there are norms of law, and there are social norms of morality that are not regulated by law. Here lawyers are powerless, since when they arise and further solve them, the personal psychological aspect prevails more than any norms of behavior. For example, lawyers will not be able to increase the number of children enrolled in a given school, than to help create working hours and a workload for teachers with the appropriate formation of rates, and so on.

Therefore, in this situation, from the point of view of the law, you are protected. From the point of view of morality - decide for yourself whether it is worth staying in this school at all. Yours faithfully, lawyer Sergei Kholodov.

They want to fire: what to do?

Dismissal is the loss of a job caused by voluntary resignation or a violation of the labor code. Not knowing your rights, you will facilitate this unfortunate process for your bosses. Probably, many of us have come across an unpleasant thought: "I am losing my job, I am fired, what can I do without employment?" The main thing is not to panic. Collect your thoughts so you don't lose your job.

What to do if they want to fire you

If the bosses want to illegally fire you, they can use a clever method. How it's done? A rumor about your dismissal is brought into the team, everyone quietly discusses it, making you feel uncomfortable. You lose confidence in the future, fearing its coming. How to proceed: do not trust gossip, rely solely on verified information. You should not be unsettled by idle chatter. Do not try to satisfy the desire of your boss - to come and personally write a letter of resignation, without waiting for you to be asked to leave.
If a person has grown to the rank of director, it means that he is definitely well versed in psychology. So what will he do? Competently! He will begin to provoke you: often call you into his office and scold you for any work done, criticize and publicize your mistakes with the whole team. What to do: want to be fired? Your endurance will tell you what to do in a situation of open provocation. You don't have to fight, raise your voice, complain or feel sorry for yourself in other ways. Don't show your negative attitude and your weakness. You must be steadfast so that the leader sees that it is useless to terrorize you. On the contrary, shock the dictator with your increased efficiency, listen to everything they tell you and correct mistakes so that it is impossible to find fault with you.
The company management may put pressure on you, telling you that you are not able to carry out your direct duties correctly and that your level of professionalism is zero. How to proceed: do not raise a scandal. Ask for instructions on exactly what actions you should take or an act containing such information. Argument all your actions, make your suggestions on various issues. Make all inquiries to the management in writing and do not forget to leave a copy for yourself with the director's signature. The signed papers will be your insurance against dismissal, the reason for which is aptitude. It will be easier for you to conduct any negotiations, knowing that you have confirmation of your words in your hands. Remember, if you have violated labor laws, your boss is obliged to demand an explanatory letter from you. You must write it and give it to him no later than two days from the moment of its demand. Until that time, the employer has no right to punish the subordinate with disciplinary action. If you do not submit an explanatory note within two days, an appropriate act will be drawn up about this. Next to your signature, indicate the time when you received the order, otherwise it will be difficult to prove your case.
If you follow this path, and pass the tests prepared for you by your employer, then his patience may run out. Most likely, he will call you to him and simply ask you to write a letter of resignation of his own free will. How to proceed: do not listen to him, he openly presses on you. Ask any lawyer, they will all tell you one thing: "Never agree to write this statement, it will exclude the possibility of proving in court that you were unlawfully dismissed." If you find it difficult to refuse, take the time, say that you will think about it until tomorrow. Prepare yourself mentally for such a conversation, stock up on arguments and arguments that will help you keep this position. You can contact the inspectorate that defends labor disputes or a lawyer who professionally understands such matters.
The management can also cut your hours of work, reduce your salary. This prepares you to be fired. How to proceed: Invite your colleagues to create an initiative group, contact your union organization, or create a protest action. Fight for your rights by any means. Prepare carefully for negotiations, weighing and thinking over every word, drawing a clear plan of action for yourself. Remain calm, it will be decisive in the successful resolution of the problem. If you have children under three years old, or your child is not more than fourteen years old, and you are not married, it is impossible to fire you without liquidating the enterprise. In case of pregnancy, it will be even easier to keep your job. They can expel you under legal circumstances only because of theft or other strong violations of labor laws.

Another situation works out if you were fired under the article. What to do in such a situation?

Is it possible to remove the new headmaster from his post and how?

First, let's figure out in which cases the employer has the right to terminate the employment contract with you:

Test result unsatisfactory

Liquidation of an enterprise

Reduction of staff (the boss is obliged to notify about this no later than 2 months before dismissal and on receipt, notifying the employment service and the trade union about his actions)

Inadequacy for the position held due to insufficient qualifications (this is confirmed by attestation)

Repeated failure to perform labor duties without a valid reason, etc.

After dismissal under the article, register with the employment service no later than 14 days later.

We sincerely wish you not to find yourself in such situations, but if you have already been fired from your job, you know what to do.

What to do if the headmaster is a real tyrant

For parents

Parents and the parent committee can have a big impact on the principal. The school provides educational services to children, and it is the parents who are the consumers of these services. Parents have the right and must check the purpose of the money handed over "for repairs", the level of organization of the educational process, the degree of safety of children at school.

If parents are not satisfied with something, they have every right to complain to the city (district) department of education. Officials are obliged to accept the complaint for consideration and respond adequately. If there is no reaction, keep complaining. Collect signatures in the classroom and at school, connect the class teacher.

Even if the teacher is afraid to openly speak out against the tyrant director, he will certainly be able to give you good advice. Take action, do not give up, and the result will not be long in coming: in the end, officials will understand that it is more profitable for them to get rid of the negligent director than to endure the influx of parental complaints for years.

You can also file a complaint online. There is a special form on the website of the Ministry of Education, by filling out which you can file a complaint with a high authority directly, bypassing local officials. You can also file a complaint directly on the president's website by sending an appeal through the Kremlin's contact system. All these appeals are considered without fail.

For teachers

Do not reproach teachers for not conducting active hostilities against the school principal. Teachers are mostly women, burdened by families and fearing dismissal. Pedagogical education drives them into a narrow framework for choosing a job, and they have nowhere to go out of this framework: not to go to salesmen after five years of institute.

However, there are such tyrant directors who annoy even timid teachers. They fire left and right, find fault, make people work in excess of the norm, take hours. The tyrants do not tolerate dissidents and get rid of those who make their life difficult. It is impossible to defeat such a director alone.

There are two options left: either to leave school (they have not been fired yet), or to find like-minded people and conduct underground activities. "Casting a fishing rod" in the teacher's room to search for the offended by the director must be very careful so as not to arouse suspicion. In recent history, there have been cases when teachers, who joined forces with their parents, managed to dismiss the tyrant director from the post.