Dismissal of the school principal. Who appoints the school director Responsibilities of the head of the educational institution

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 written translation was invited new employee to the position of director and has already managed to resign from his main job, according to the law it is impossible to refuse him employment.

That's why former director, even if by this time he has changed his mind about terminating the employment relationship, he 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:

• upon retirement;
• in case of admission to a full-time form of study;
• or in cases where it is not possible to continue working, upon provision of the relevant documents.

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:

• according to clause 8, part 1, art. 81 Labor legislation for behavior that is considered immoral in society and is incompatible with the activities of a teacher;
• according to clause 13, part 1, article 83 of the Labor Code of the Russian Federation, if facts are established that do not allow engaging in pedagogical, much less leadership, activities;
• Article 336 of the Labor Code of the Russian Federation makes it possible to terminate an employment contract with a teaching employee, including the school director, since, first of all, he remains a teacher, in case of violation of the charter in force in the educational institution, as well as the use of moral or physical violence against students in learning process.

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 principal was caught using cash, collected by parents of students for the needs of the school to improve the learning process and create more comfortable conditions, for personal purposes, the school-wide parent committee, which must control where extra-budgetary receipts of voluntary parental contributions are spent, has the right to 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 dismissal

The 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:

• according to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation - liquidation of an organization, or, more simply, closure educational institution;
• if it is discovered during 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 where a disciplinary sanction has been imposed and during calendar year, while it has not yet been lifted, the director again does not fulfill his duties assigned to him (clause 5 of article 81 of the Labor Code of the Russian Federation);
• in case of gross violation of official duties, one identified fact is enough for the school director to be dismissed (clause 6 of article 81 of the Labor Code of the Russian Federation);

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 record in 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 that is incompatible with the principles of morality accepted in society is impossible for the continuation of activities of a pedagogical nature (clause 8 of Article 81 of the Labor Code of the Russian Federation);
• upon dismissal in accordance with clause 2 of Art. 278 of the Labor Code of the Russian Federation, the authorized body has the right to terminate an employment contract with the head of an educational institution without explaining the reasons;
• The school director may be dismissed on the grounds of Art. 351.1 Labor Code of the Russian Federation,

providing for early termination labor relations with workers 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 regarding 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 basis for the dismissal of a school director (as well as all teachers) is the use of teaching methods using violent methods of physical or mental influence on a student (Clause 2, Part 1, Article 336 of the Labor Code of the Russian Federation).

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

Instructions

1. 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 a school is liquidated, 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 fails to cope with his duties, or behaves immorally, violates the school charter and standards of behavior.

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 own desire the director terminates 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.

"Budget institutions education: accounting and taxation", 2009, N 4
Question: Does the director have the right to oblige the teacher secondary school leave your vacation early to prepare the school for the new school year?
Answer: In accordance with Art. 125 of the Labor Code of the Russian Federation, recalling an employee from vacation is allowed only with his consent. The unused part of the vacation must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year. At the same time, workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation at all.
Thus, a number of employees generally educational institution it is generally impossible to recall from vacation (all those who are engaged in work with harmful conditions labor and receives appropriate compensation). Such workers include, for example, laboratory assistants, cleaners office premises, whose responsibilities include cleaning toilets, and others.
As for other employees, the key condition for recalling an employee from another vacation is not the need of the administration of the institution, but the consent of the employee. The procedure for obtaining such consent is not clearly defined by law, so the school administration should obtain it in writing to avoid disagreements with the employee. In turn, the employee has every right not to give such consent, and the school administration has no right to apply any sanctions for this.
After receiving the employee’s consent, the administration of the educational institution issues an order to recall him from leave. The order may set out the procedure for the employee to use the remaining part of the vacation. The contents of this order must be communicated to the employee against signature.
We also note that labor legislation provides for the possibility of replacing monetary compensation part of the vacation in the manner established by Art. 126 Labor Code of the Russian Federation. Considering that the duration of a school teacher’s vacation is 56 calendar days, then, upon the written application of the employee, the part of the annual paid vacation exceeding 28 calendar days, may be replaced by monetary compensation.
It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of 18, as well as annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions, for work in appropriate conditions (except for payment of monetary compensation for unused vacation upon dismissal).
If, after the employee is recalled from vacation, the annual paid leave is summed up or transferred to the next working year, the part of each annual paid leave exceeding 28 calendar days, or any number of days from this part, can be replaced with monetary compensation. Calculation of monetary compensation for vacation is carried out according to the rules of Art. 139 Labor Code of the Russian Federation.
A.Bethlehemsky
D. e. n.,
director
Nizhny Novgorod center
economics of education
Signed for seal
24.03.2009

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

General provisions

The section of the job description entitled “ general provisions"contains the following items:

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

Functions

The school director performs the following functions:

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

Responsibilities of the head of an educational institution

TO job responsibilities Heads of the school include:

Rights

The director's competence allows him to:

Responsibility

Relationships by position

School Manager:

• performs his duties during irregular working hours according to the schedule established by the School Council and amounts to a 40-hour work week;
• The head of the school maintains contact with:

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

• Every year he independently draws up his work schedule for each academic quarter;
• within the prescribed time frame and in the established form, he maintains reports, which he provides to municipal (or other) bodies or the founder;
• receives from municipal (or other) bodies the necessary information about regulatory, organizational and methodological matters, gets acquainted with these documents and gives a receipt.

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

Basic rights and responsibilities of the school director

1. The school director has the right to:

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

Conclusion and termination of labor, civil and other contracts with employees;

Creation, together with other leaders, of associations to protect their interests and to join such associations;

Organization of working conditions for employees, determined by agreement with the owner of the organization;

Encouraging employees and applying disciplinary measures to them.

2. The school director is obliged:

Pay wages in full within the terms established in collective agreement, internal labor regulations, employment contracts;

Provide medical and other types of compulsory insurance for employees;

Create jobs for people with disabilities within the established quota;

Carry out measures to preserve jobs;

Create conditions that ensure the protection of the life and health of students, pupils and workers, prevent their incidence of injuries, monitor employees’ knowledge and compliance with the requirements of safety instructions, industrial sanitation and hygiene, and fire safety rules.

3. Basic rights and responsibilities of school employees

The employee has the right to:

A job that suits him vocational training and qualifications;

Industrial and social conditions that ensure safety and compliance with occupational hygiene requirements;

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

5.16. Teaching staff are prohibited from:

Change the lesson (lesson) schedule and work schedule at your own discretion;

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

Remove students (pupils) from lessons (classes);

Smoking on school premises.

5.17. School employees and administration are prohibited from:

Distract teaching staff from their
direct work to perform various types

events and assignments not related to production activities;

Convene in working hours meetings, meetings and all kinds of meetings on public affairs;

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

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

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

6. Rewards for success at work.

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

Declaration of gratitude;

Issuing a bonus;

Rewarding with a valuable gift;

Awarding a certificate of honor;

Nomination for the title of the best in the profession;

Nomination for state awards for special labor services to society and the state.

6.2. Incentives are announced in the school order, brought to the attention of the staff and entered into the employee’s work book.

7. Labor discipline.

7.1.Employees of an educational institution must obey the school director and his deputies and follow their instructions related to labor activity, as well as orders and instructions communicated through official instructions or announcements.

7.2. Workers, regardless of official position, are obliged to show
mutual politeness, respect, tolerance, respect official
discipline, professional ethics.

7.3. For violation of labor discipline, i.e. failure to comply or
improper performance due to the fault of the employee of the duties assigned to him
labor duties (documents establishing labor
the responsibilities of employees of educational institutions are listed above),
The administration has the right to apply the following disciplinary sanctions
(Article 192 of the Labor Code of the Russian Federation):

Comment;

Rebuke;

Dismissal for appropriate reasons.

7.4. Legislation on disciplinary liability may be
provided for individual categories workers as well as others
disciplinary sanctions (Article 192 of the Labor Code of the Russian Federation).

Thus, according to the Law of the Russian Federation “On Education” (clause 3. Article 56), in addition to the grounds for termination of an employment contract at the initiative of the administration before the expiration of the employment contract, there are:

Repeated within a year gross violation School Charter;

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

Appearing at work in a state of alcohol, drug or toxic intoxication.

7.5. Only one disciplinary offense can be applied
disciplinary action.

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

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

7.7.1. Disciplinary action is applied directly for
discovery of the offense, but no later than one month from the date of its
detection, not counting the time of illness of the employee or his stay in
vacation.

Penalty cannot be applied later than six months from the date of commission of the offense. The specified time frame does not include the time of criminal proceedings (Article 193 of the Labor Code of the Russian Federation).

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

The progress of a disciplinary investigation and the decisions taken based on its results may be made public only with the consent of this teaching worker, with the exception of cases leading to a ban on engaging in teaching activities, or when it is necessary to protect the interests of students and pupils.

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

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

7.9. An order to apply a disciplinary sanction, indicating the reasons for its application, is announced (notified) to the employee subject to the penalty against receipt (Article 193 of the Labor Code of the Russian Federation).

7.9.1. A disciplinary sanction is not recorded in the employee’s work book, except in cases of dismissal for violation of labor discipline.

7.10. If an employee disagrees with the disciplinary sanction imposed on him, he has the right to appeal to the commission for labor disputes schools and/or to court.

7.11. If within a year from the date of imposition of a disciplinary sanction the employee is not subject to a new disciplinary action, then he is considered not to have been subjected to disciplinary action (Article 194 of the Labor Code of the Russian Federation).

8. Labor protection and industrial sanitation.

8.1. Each employee is obliged to comply with the requirements for labor protection and industrial sanitation provided for by current laws and other regulations, as well as follow the instructions of the Federal Labor Inspectorate (Rostrudinspektsiya), regulations of the authorities labor inspection trade unions and representatives of joint commissions on labor protection.

8.2. When ensuring labor safety measures, the school director must
be guided by Standard provision about the procedure for training and testing
knowledge on labor protection of managers and specialists of institutions,
enterprises of the education system, Regulations on the procedure for investigation,
accounting and registration of accidents with students and pupils
in the education system of the Russian Federation.

8.3. All school employees, including the director, are required to undergo training
briefing, testing knowledge of rules, regulations and instructions on labor protection and
safety precautions in the manner and within the time limits established for
certain types of work and professions.

8.4. In order to prevent accidents and professional
diseases, labor safety instructions must be strictly followed,
violation leads to disciplinary action,
provided for in Chapter VII of these rules.

The school director is the head and “face” of the educational institution. In the modern understanding, a school director is essentially an employee of an educational institution. This position is appointed, not elected. The director is responsible for many issues directly related to the activities of the institution: management of teaching and other personnel, students, economic, financial and legal aspects.

There are certain requirements for a person applying for this position. These include: having a higher vocational education, work experience of at least 5 years in teaching and leadership positions, appropriate level of qualifications and certification. When appointing a school director, not only higher pedagogical education, but also management education is welcome. The founder of the educational institution appoints the school director and dismisses him from his position. The school director can be appointed by promoting his current deputies, or “from the outside.”

Control over the activities of the director of an educational institution

If the school is public, then the founder is the city education department or municipality represented by the head of this department. The employer of the school director is the education department; it is the department that enters into an employment contract with him and sets the amount wages. The director's salary is determined based on the average salary of teaching staff. If the school is private, then the founders may be private legal and individuals. In this case, the founder also enters into an employment contract with the director and sets the salary. Employment contract The contract with the school director can be either fixed-term or indefinite. The founder exercises control over the activities of the director and the institution as a whole.

The founder of an educational institution may also appoint a Supervisory Board, which exercises control over professional activity directors, educational process, financial resources, making major transactions, and so on. The composition of the Supervisory Board is approved by the founder of the educational institution in the form of an order.

The school director bears administrative and criminal responsibility. The director may also be dismissed from his position by court decision.