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How to remove a school principal. The school principal is trying to fire me in any way |
As we know, any officially employed person has a guaranteed right to terminate the employment relationship at will (Article 77 of the Labor Code of the Russian Federation), for a number of reasons, when the employer is not satisfied with the performance of the assigned duties to the employee, he can be dismissed in accordance with the provisions of Art. 81 Labor Code of the Russian Federation. The school director is a rather responsible position, since it is directly related to the upbringing of the younger generation and the level of their education. The selection of teachers depends on the school director. The level of education of school graduates and their upbringing depend on teachers who have high moral values, who set an example to follow 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 we looked forward to some lessons, and went to others with obvious reluctance. Having grown up and analyzing, we understand well that everything depended on the teacher. One teacher could be interested in listening, listening to every word, while another could follow the textbook as the new material was presented, which caused complete boredom. The school director must directly listen to the opinions of students and parents about the teaching staff and their professional skills. Persons with higher pedagogical education and sufficient work experience are appointed to the position of school director by the Ministry of Education and Science of the Russian Federation by concluding a contract for a period of 5 years. Upon expiration of the contract, it can be extended or terminated. In the event that the director wants to terminate the contract before 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 the application, so that they can find a suitable candidate for the vacant position. During this month, the director also has the right to change his mind about resigning and submit a withdrawal letter of resignation. However, this must be done in writing. If a new employee has been invited in writing to replace the director by transfer and has already resigned from his main job, he cannot be refused employment by law. Therefore, the former director, even if by this time he has changed his mind about terminating the employment relationship, will be fired under Part 1 of Clause 3 of Art. 77 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 required period. The school principal is no exception. He may be dismissed within the period specified in the application:
This could be certificates from medical institutions about the need for constant care for a close relative, a copy of the order to transfer the husband (wife) to work in another city and other documents. Among other things, the school director, like any teacher who directly performs the function of raising children, can be fired:
It is important to note here that the director can be dismissed, even in cases where it was not he himself who personally used violent methods against students, but someone from the teaching staff, about which the director received complaints, but he did not take any effective measures to eliminate this violation and disciplinary punishment of those responsible. If the school director was caught using funds collected 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 extra-budgetary receipts of voluntary parental contributions are spent, has the right write a complaint to the Department of Education. To conduct an inspection, the complaint must not be anonymous; it is necessary to first collect the signatures of the students’ parents. Based on the results of the investigation of these facts, if repeated violations are revealed on the part of the school director, taking into account his written explanations, he may be dismissed from his position. Reasons for dismissalThe grounds for dismissing a director may vary. 1. Application to resign of your own free will. It is not necessary to indicate reasons in this case, unless there are significant obstacles to the need to work for one month after submitting the application. If there are circumstances that force the director to resign, they must be indicated in the application with documentary evidence provided. Typically, the reasons for voluntary dismissal are family troubles, which do not need to be detailed in the application. 2. When dismissing a director for violations, according to the norms of current legislation, the reason may be:
The school director being drunk at work does not fit into any legal or moral framework, so he will be fired as a matter of course. In case of theft of school property, the school director 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;
providing for early termination of labor relations with employees in the field of education in the event that persons engaged in teaching 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;
Even with a single insult, humiliation, unreasonable criticism of a student, or assault, the director will be fired. Instructions1. When the school director dismisses of his own free will, he must submit an application with a warning to terminate the employment relationship one month before the termination of the contract, unless there are reasons when he can be dismissed earlier, which must be documented. 2. When liquidating a school, the governing body must notify the director in writing two months before the intended dismissal. 3. Upon dismissal for any disciplinary violations, all documents must be collected confirming the fact that the director is unable to cope with his duties, or is behaving immorally, violating the school charter and standards of conduct. In addition, it is necessary to take written explanations for such behavior. If you refuse to write an explanatory note, an act signed by witnesses is drawn up. 4. Dismissing the director under clause 2 of Art. 278, he is not notified in advance and may not explain the reasons for termination of 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. If complaints are received from children and their parents about the use of violence, both physical and moral, an investigation must be conducted and a written explanation must be taken from the director. 7. Complaints from the parent committee about the misappropriation of funds collected by student parents must be reviewed and verified. 8. If there is an application, in the event of the director’s own desire to terminate the employment contract or documents confirming violations of official duties assigned to the head of the school, an order for his dismissal is issued. 9. The school director is presented with the order of dismissal against signature. In case of refusal to sign the document, an act signed by two witnesses is drawn up. 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. Hello. Your qualified help and support is greatly needed. I have been working as a Ukrainian language teacher for 18 years. I have never changed my place of work, I have category 1. She was hired for a permanent position with a full weekly workload. Then I simply won’t have enough money to support and educate my children. Of my parents, only my mother is alive. She is retired, but still working. The new director has a position: if you want to protect yourself, look for the law. I know that she cannot fire me for three reasons: 1 - I am the only working breadwinner in the family, 2 - I am a supported student and 3 - I have worked at this job for quite a long time. At the beginning of this school year, through threats and pressure, she forced me to write a statement of consent to work with an incomplete weekly load. She only gave 12 hours. Of these, 3 hours of individual teaching of a child (I have a certificate, I took courses for this and can teach children with health problems or mentally retarded) + 1 hour of health basics (I am not an expert in this subject). Despite the fact that I remained underloaded, the headmistress takes someone from the outside and gives her 6 hours of basic health (despite the fact that that woman is also not an expert in this subject). I asked the director of another school and they told me that this was not legal and not humane. But I can’t complain to anyone: the headmistress is the best friend of the headmistress, and the mayor of the city 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 I can protect myself under an article of the Law, what I should do in this situation. One more thing. After me, two people were hired: one with a partial weekly workload, and the second on maternity leave and under a contract. The maternity leaver is going to go to work in 2013. The number of children in school is decreasing&hellip. children leave school because they need to pay a lot of money for repairs, etc. I’ll somehow get through this year with grief, but what should I do next??? Help. I really count on you. Tell me, please advise. Thank you very much in advance. I'm looking forward to your answer. Goodbye. Answer: Hello. Actually, from the letter of the law - you are protected. They won't be able to fire you. However, there are legal norms, and there are social moral norms that are not regulated by law. Here, lawyers are powerless, since when they arise and are subsequently resolved, the personal psychological aspect prevails more than any norms of behavior. For example, lawyers will not be able to increase the number of children studying in a given school, than to help create working hours and workload for teachers with the corresponding formation of rates, and so on. Therefore, in this situation, from the point of view of the law, you are protected. From a moral point of view, decide for yourself whether it’s worth staying at this school at all. Sincerely, lawyer Sergei Kholodov. They want to fire me: what should I do?Dismissal is the loss of a position caused by a statement of resignation or a violation of the labor code. Without knowing your rights, you will make this ill-fated process easier for your superiors. Probably, many of us have encountered the unpleasant thought: “I’m losing my job, I’m being fired, what should I do without employment?” The main thing is not to panic. Gather your thoughts so as not to lose your job. What to do if they want to fire you
Another situation works out if you were fired under an article. What to do in such a situation? First, let's figure out in what cases an employer has the right to terminate an employment contract with you: 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 school principal is a real tyrantParentsParents and the PTA can have a great influence on the principal. The school provides educational services to children, and the consumers of these services are the parents. Parents have the right and must check the purpose of the money donated “for repairs”, the level of organization of the educational process, and the degree of safety of children in school. If parents are not satisfied with something, they have every right to complain to the city (district) education department. Officials are obliged to accept the complaint for consideration and respond adequately. If there is no response, continue to complain. Collect signatures in class and at school, involve 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, don’t 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 a careless director than to endure an influx of parental complaints for years. You can also submit a complaint via the Internet. There is a special form on the website of the Ministry of Education, by filling out which you can submit a complaint to a high authority directly, bypassing local officials. You can also submit a complaint directly on the president’s website by sending an appeal through the Kremlin’s contact system. All these requests are considered without fail. For teachersTeachers should not be blamed for not conducting active hostilities against the school principal. Teachers are mostly women, burdened with families and fearing dismissal. Pedagogical education drives them into the narrow framework of choosing a job, and they have nowhere to leave this framework: they shouldn’t go into sales after five years of college. However, there are such tyrant directors who infuriate even timid teachers. They fire you left and right, they find fault with you, they force you to work beyond the norm, they take away your hours. Tyrants do not tolerate dissidents and get rid of those who complicate their lives. It is impossible to defeat such a director alone. There are two options left: either leave school (before you get fired), or find like-minded people and conduct underground activities. “Throwing out a fishing rod” in the teachers’ room to find those who have been offended by the director must be done very carefully so as not to arouse suspicion. There have been cases in recent history when teachers, who joined forces with parents, managed to oust a tyrant principal from his position. Next in the section:
Hello! I think that with my appeal I will express the opinion of the majority of ordinary teachers in Russian schools. How long will the arbitrariness of the heads of secondary schools in relation to ordinary teachers continue?! The situation is as follows: the school director, having too much power in his hands, gathers around himself a group of people who are especially close, these people receive huge salaries, thanks to all sorts of additional functions that they supposedly perform, they receive huge bonuses, and ordinary teachers are interrupted by penny after penny, without any opportunity to earn money. This group of people close to the leader is not subject to the same requirements as other members of the team. I work at the Municipal Budgetary Educational Institution “Secondary School No. 13” named after. D.I. Kashigina in the city of Miass, Chelyabinsk region from March 1, 2012. My total teaching experience is 23 years. During all this time, I have not received a single complaint about the quality of my work. In 2015, I defended my 1st qualification category, having only good characteristics from the administration, colleagues and parents of students. The quality of my work has always been and is above the average for the institution; my students actively participate in various Olympiads and competitions, often taking prizes. Director of MBOU "Secondary School No. 13", Elena Aleksandrovna Fedorova, took this position in 2014. And since 2015, real chaos and lawlessness began in our school. Trying to protect our rights, I and several other colleagues found ourselves in a situation of constant psychological pressure from the manager and her deputies. They use all the methods, and the managers have quite a lot of them, to put pressure on us; they tell us in plain text that it would be better for us to quit, that we won’t be able to work together anyway. We are assigned numerous checks without any serious grounds; the results of these checks are falsified, having nothing to do with the real picture. In October of this year, a full comprehensive inspection was carried out against me, my work was found to be extremely unsatisfactory, and I was given a reprimand. But at the same time, at the end of the month, based on the results of the end of the quarter, I received a bonus in the amount of 2000 rubles for the high quality of my work. How could I achieve such high results with such test results? On December 1, I have been scheduled for another similar check, but I think that the results of this check will be similar to the results of the first check. I believe that all checks, as well as the results of these checks, are aimed only at “surviving” me from work, because... I am an undesirable member of the team for our administration, because I believe that it is necessary to defend my rights and protect them in every possible way, and I actively do this. I ask you to help protect my honor and dignity, because mobbing is being carried out against me by the head of our school. I really hope for your help. Thank you. We publish a response to our reader’s “personal experience” “Don’t turn your children against people like my mother”. - ed. My child studies in a regular school - regular both in terms of fees (the parent committee does not collect more than 1000), and in terms of recruitment of enthusiastic teachers and outright extortionists (we have an amazing Russian and mathematician, but the biology major constantly asks the children to “bring a flower to class” , then asks parents for help “in decorating the classroom with butterflies”). The English teacher, by the way, demanded that we collect money for a photocopier. In general, a little bit of everything. We also have a director. I don’t know if this lady teaches lessons, but, in my opinion, she doesn’t fulfill her functions at all. Examples: First: our school is opposite the tram tracks. The cars of office workers, of whom there are many on the street, are parked around. There is no crossing sign - neither a sign nor a zebra crossing. For many years we have been solving this issue: we call the traffic police ourselves - they ask for a letter from the director. We go to the director - she demands to create an “initiative group of parents.” This year, on September 1, the police representative did not come to us at all; she did not call us. Our children run across the road between cars; for example, I demand that my child call “left school” and call “crossed the street.” Okay, mine is still listening. The director does not want to solve the problem - in my opinion, she is simply waiting for either the child of a father from the traffic police or someone with great connections in the Administration to be at the school. Second: school cafeteria. We don’t have a canteen; there are some sanitary and epidemiological standards for the building. In the buffet there are chocolates, juice for 35 rubles (!), chewing marmalade, crackers. At the beginning of the year there were apples - 52 rubles (!) per apple. The children did not buy them; apples were therefore replaced with “Kitty-Kat”. That is, there are even more chocolates. Last year there was a meeting with the director - I plucked up courage and asked what was wrong with the buffet. They send me to the Department of Education, and the director claims that “the buffet is not her problem.” Third: there are stalls right next to the school. If you're interested, there's beer, cigarettes, and chips... I myself saw many times how students in grades 9-11 went for cigarettes and chips. The director sometimes “arranges a raid.” She stands in front of the gate and “democratically” asks some tenth grader: “Why did you smoke, Petechka?” YOU WAIT, I’LL CALL YOUR PARENTS!!!” I remember when school principal Oleg Ivanovich caught me and my friend smoking behind the school in 1986 (it was interesting!!), he didn’t scare me - he called right away (it was painful and unpleasant!)! I don’t know whether this measure will have an effect now, but the director could “snitch” on the stalls that, contrary to the law, sell cigarettes to schoolchildren. Otherwise, wait until your child grows up and think about whether he will buy a cigarette near the school... And what else does the headmistress allow to sell on the territory next to the school... Fourth: postscripts. At the end of last year, we were amazed to learn that our class had 12 open lessons, including 7 for parents. Our class also took part in a bunch of Olympiads and competitions (alas, no one won anywhere. However, my child, who received another certificate of rank in his sport, which he practices in a private section, was recorded as a “winner of the school sports competition...) The examples can be continued. There will be another meeting at our school soon. Surely the director will speak only to parents of grades 1-4, teaching them “how to raise children.” We can't call the director. Access to it is also difficult - there are security guards at schools. Not every time they will let you in. Please advise how to cope? Do parents have the right to influence the change of principal at school? How to remove a school principal from his position?Hello! Our primary school teacher was forced by the school director to write a letter of resignation. How to fire a school principalThe children became very attached to their class teacher over the course of half a year. The school principal forced 13 people to resign over the past year. She destroyed the entire team. The teachers themselves hint at this to us, but are afraid to talk about it openly, because... they say there is someone to stand up for her. She intimidated our teacher so much that she begs us not to report anywhere, because she doesn’t want to remain disabled!!! This is not a director, but a tyrant! What to do in such cases? We, as representatives of our children, do not want to see this woman as a director. Thanks in advance! Lawyers' answers 8735 lawyers are waiting for you Quick response, for free! Degtyareva A.G. (03/04/2017 at 18:50:52) Hello! Under the circumstances you have described, it is time for you to write a collective statement to the prosecutor’s office to conduct a prosecutor’s investigation into violations and claims on the part of the school director. You also have the right to submit an application (complaint) to the labor inspectorate, Rosobrnadzor and the Commissioner for Human Rights in your region. Believe me, the tyrant director will not find it enough! If you find it difficult to write a complaint (application) yourself with circumstances justified by law, please contact us. Novikov Dmitry Alexandrovich (03/06/2017 at 09:26:23) Hello. You should file a collective complaint with the prosecutor's office for an investigation. If you need help resolving your issue, please contact me, I will be happy to help you. The school director is trying to fire me in any way. What to do?Hello. Your qualified help and support is greatly needed. I have been working as a Ukrainian language teacher for 18 years. I have never changed my place of work, I have category 1. She was hired for a permanent position with a full weekly workload. Then I simply won’t have enough money to support and educate my children. Of my parents, only my mother is alive. She is retired, but still working. The new director has a position: if you want to protect yourself, look for the law. I know that she cannot fire me for three reasons: 1 - I am the only working breadwinner in the family, 2 - I am a supported student and 3 - I have worked at this job for quite a long time. At the beginning of this school year, through threats and pressure, she forced me to write a statement of consent to work with an incomplete weekly load. She only gave 12 hours. Of these, 3 hours of individual teaching of a child (I have a certificate, I took courses for this and can teach children with health problems or mentally retarded) + 1 hour of health basics (I am not an expert in this subject). Despite the fact that I remained underloaded, the headmistress takes someone from the outside and gives her 6 hours of basic health (despite the fact that that woman is also not an expert in this subject). I asked the director of another school and they told me that this was not legal and not humane. But I can’t complain to anyone: the headmistress is the best friend of the headmistress, and the mayor of the city 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 I can protect myself under an article of the Law, what I should do in this situation. One more thing. After me, two people were hired: one with a partial weekly workload, and the second on maternity leave and under a contract. The maternity leaver is going to go to work in 2013. The number of children in school is decreasing&hellip. children leave school because they need to pay a lot of money for repairs, etc. I’ll somehow get through this year with grief, but what should I do next??? Help. I really count on you. Tell me, please advise. Thank you very much in advance. I'm looking forward to your answer. Goodbye. Answer: Hello. Actually, from the letter of the law - you are protected. They won't be able to fire you. However, there are legal norms, and there are social moral norms that are not regulated by law. Here, lawyers are powerless, since when they arise and are subsequently resolved, the personal psychological aspect prevails more than any norms of behavior. For example, lawyers will not be able to increase the number of children studying in a given school, than to help create working hours and workload for teachers with the corresponding formation of rates, and so on. Therefore, in this situation, from the point of view of the law, you are protected. From a moral point of view, decide for yourself whether it’s worth staying at this school at all. Sincerely, lawyer Sergei Kholodov. They want to fire me: what should I do?Dismissal is the loss of a position caused by a statement of resignation or a violation of the labor code. Without knowing your rights, you will make this ill-fated process easier for your superiors. Probably, many of us have encountered the unpleasant thought: “I’m losing my job, I’m being fired, what should I do without employment?” The main thing is not to panic. Gather your thoughts so as not to lose your job. What to do if they want to fire you
Another situation works out if you were fired under an article. What to do in such a situation? Is it possible to remove a new school director from his position and how?First, let's figure out in what cases an employer has the right to terminate an employment contract with you: 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 school principal is a real tyrantParentsParents and the PTA can have a great influence on the principal. The school provides educational services to children, and the consumers of these services are the parents. Parents have the right and must check the purpose of the money donated “for repairs”, the level of organization of the educational process, and the degree of safety of children in school. If parents are not satisfied with something, they have every right to complain to the city (district) education department. Officials are obliged to accept the complaint for consideration and respond adequately. If there is no response, continue to complain. Collect signatures in class and at school, involve 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, don’t 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 a careless director than to endure an influx of parental complaints for years. You can also submit a complaint via the Internet. There is a special form on the website of the Ministry of Education, by filling out which you can submit a complaint to a high authority directly, bypassing local officials. You can also submit a complaint directly on the president’s website by sending an appeal through the Kremlin’s contact system. All these requests are considered without fail. For teachersTeachers should not be blamed for not conducting active hostilities against the school principal. Teachers are mostly women, burdened with families and fearing dismissal. Pedagogical education drives them into the narrow framework of choosing a job, and they have nowhere to leave this framework: they shouldn’t go into sales after five years of college. However, there are such tyrant directors who infuriate even timid teachers. They fire you left and right, they find fault with you, they force you to work beyond the norm, they take away your hours. Tyrants do not tolerate dissidents and get rid of those who complicate their lives. It is impossible to defeat such a director alone. There are two options left: either leave school (before you get fired), or find like-minded people and conduct underground activities. “Throwing out a fishing rod” in the teachers’ room to find those who have been offended by the director must be done very carefully so as not to arouse suspicion. There have been cases in recent history when teachers, who joined forces with parents, managed to oust a tyrant principal from his position. |
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