Rights and obligations
Work of any teacher is especially respected in society. It plays a crucial role in the development of a pupil's personality as a member of the community. Following its responsibility level, this kind of work is regulated by a complicated system of rights and responsibilities which can often overlap with other legal areas. In this article, we offer our readers to look upon the way teachers' rights are exercised and also learn how to prevent their violation.
One of the fundamental rights of teachers stated in the employment contract in Russia is the right to the improvement of professional skill. Under the Federal Act on education in the Russian Federation, "Skill improvement is renewing of theoretical and practical knowledge and mastering of special abilities due to greater demands for such". Thus, the teacher acquires new knowledge on his or her speciality or strengthen one he already possesses. Training courses can be divided into long-term and short-term ones according to their aim and intensity. They can also make a one-time or step-by-step form. The law on education ensures teachers' rights to take such courses not less frequently than once every three years. Realization of the right is ensured by the conditions signed in the employment contract from both sides. The employer, in this case, is obliged to allocate financing from the budget of the organization for the workers to take a training course. He also cannot compel workers to pay for it with their money. Teacher in his turn is guaranteed his previous position and compensation in the form of secondment costs during the whole period of training. In the case of the agreement not being respected, he has a right to defend it with the help of authorities qualified to resolve labour disputes. If the teacher does not receive compensation and conditions he is entitled to, he can turn down the training he was compelled to take by the administration. However he does not have such right if the administration fulfils its obligations, and in the case, if there are no valid reasons because of which he can refuse.
Another important right which is often violated is a strict number of working hours, that is an amount of work teachers can do in one day. By the order of the Ministry of Education and Science, it cannot extend 36 hours a week due to the right of a worker to a shortened working day. This period includes educational and social work, work in the class and one-on-one sessions as well as any other activity included in teacher's obligations or the individual plan of work. Any overtime work must be confirmed with his signed consent and rewarded in accordance with the wage rate and proportionally to the amount of work done. The same applies to the case when the amount of work is under the established rate, the wage then also must be proportional.
Rights and duties of a teacher are of no less importance than such of a pupil, their protection and enforcement guarantee a full-value learning process which brings respective results. Freedom to exercise academic activity is enforced by the teacher's fundamental rights as a worker and as a part of the society. Knowing them and also knowing how to act in related situations would undoubtedly help a teacher to fulfil his work in the best way possible.
17.11.2019