Citizens can conduct teaching activities in specialized educational institutions or individually. The current legislation provides for a number of requirements and restrictions for people wishing to work in the field of education. The main ones are established by Art. 331 of the Labor Code of the Russian Federation .
Limitations
To teaching activities are not allowed:
- Persons recognized as legally incompetent.
- Citizens with diseases specified in a special list. This is a List approved by Government Decree No. 377.
- Citizens to whom a sentence has imposed a ban on pedagogical activity .
- Subjects who have been / are under criminal prosecution for violations of freedom, health, dignity, honor of an individual (not including illegal placement in a psychiatric hospital, insults, slander), sexual immunity, family and minors, public morality and safety. An exception is made by citizens in respect of whom prosecution for rehabilitating circumstances is terminated.
- Persons having a criminal record (or currently having one) for the above acts.
- Citizens with an unexpunged / outstanding conviction for serious / especially serious offenses committed intentionally.
These restrictions are enshrined in paragraph 2 of Art. 331 of the Labor Code of the Russian Federation .
Prohibition of teaching
If the right to engage in pedagogical activity was limited, and the citizen did not serve the imposed punishment, upon termination of the contract with the tenant, an entry is made in the work book about the reason and duration of the restriction.
According to the Criminal Code, such a sanction is provided for 1-5 years as the main punishment and for 6 months. - 3 years as an extra. In some cases, the duration of the restriction as an additional sanction can be up to 20 years (article 47 of the Criminal Code).
Criminal record and prosecution
A citizen convicted of an act shall be recognized as convicted from the date the sentence enters into force until the withdrawal / cancellation of the conviction. The relevant provisions are enshrined in 86 articles of the Criminal Code. A subject released from punishment shall be recognized as not convicted.
From the above it follows that the fact of a criminal record for certain types of assault by a citizen, regardless of repayment / withdrawal, is considered a qualifying sign in determining the basis for restricting the right to conduct teaching activities.
Outstanding / Unrequited Conviction
Confirmation of the fact of the absence of a criminal record, its cancellation / removal of a person may special certificate. It can be obtained at the SIAC (Main Information and Analytical Center) of the Ministry of Internal Affairs or at information centers of the Internal Affairs Directorate and the Main Directorate of Internal Affairs of the regions.
For grave acts, the guilty person may be sentenced to a maximum sentence of no more than 10 years, and for especially grave acts - more than 10 years or life imprisonment.
The conviction is paid off for citizens convicted of grave assaults - after 6, for especially grave ones - 8 years after serving the sentence.
In the case of faultless behavior after the expiration of the term imputed by the sentence, the criminal record may be withdrawn before the periods indicated above at the request of the person.
Incapacity
Persons who are not able to acquire and exercise civil rights, as well as create civil duties and fulfill them through their actions, are not allowed to be engaged in pedagogical activities .
It must be noted that the circumstances in connection with which the subject was declared legally incapable can be eliminated. In such cases, the court may decide to recognize the legal capacity of the person. For this, an application is submitted:
- guardian;
- family member;
- administration of a neuropsychiatric / psychiatric institution;
- guardianship / guardianship authority.
The final decision by the court is carried out taking into account the medical conclusion issued based on the results of a forensic psychiatric examination.
Diseases
In the list of pathologies approved by the Government, there are general medical psychiatric contraindications for employees:
- children's homes;
- educational institutions;
- DOE;
- boarding schools;
- orphanages;
- boarding schools.
Contraindications are protracted and chronic mental disorders with often exacerbating or severe persistent painful manifestations. An example of such a disease is epilepsy.
Persons suffering from acute and chronic infectious diseases, including open syphilis and tuberculosis, are not allowed to engage in pedagogical activities .
Surveys
Contraindications are detected during medical examinations. According to current standards, teachers are required to undergo preliminary and periodic examinations. They are organized at the expense of the founder. The procedure for examinations using regional budget funds is determined by the laws of the Russian Federation. Information on the results of surveys is entered in the medical books of employees.
Expressed manifestations of borderline states in mental disorders are considered individually in each case.
Features of admission to teaching
In accordance with the Federal Law No. 489, from January 1. In 2015, the CLC (Commission on Minors) was given new powers. They make decisions on the admission of certain categories of people to teaching activities.
These powers apply to cases of admission of citizens:
- having / having a criminal record;
- in relation to which criminal prosecution was conducted for acts against health, honor, life, dignity, sexual freedom and inviolability of the person, minors and family, public health, constitutional foundations, public morality, state security.
The determining factors in making decisions are:
- severity and type of crime;
- the period that has elapsed since the commission of the act;
- form of guilt;
- personality characteristics;
- circumstances reflecting the attitude towards the performance of professional duties, etc.
Important points
The employer is obliged to remove the citizen from teaching if he receives information from the law enforcement agencies about the criminal prosecution opened against him for the crimes specified in article 331 of the Labor Code. In this case, the suspension is valid for the entire period of prosecution until its end or the entry into force of the court decision.
The authority of the KDN does not include consideration of questions on the admission of citizens suffering from pathologies provided for in the List approved by the Government. These persons are not allowed to pedagogical activities in accordance with the Labor Code.
Preliminary interview
According to general rules, before a citizen is admitted to an educational institution as an employee, a conversation is held.
During the interview, the employer determines whether a citizen is suitable for work in an educational institution. Answers to asked questions make it possible to assess the level of professional training and the personal qualities of the applicant.
Of particular practical importance is the questionnaire. Employees with an educational qualification are accepted to work in an educational institution. It is referred to in paragraph 1 331 of the article of the Labor Code. In the questionnaire, the applicant, among other things, indicates the specialty, information about the institute in which the education was received, as a teacher.
The pedagogical qualification is established by qualification characteristics, which are approved by order of the Ministry of Health and Social Development No. 761n and are given in the CEN (Unified Qualification Guide). They suggest not only the presence of a certain level of professional education among teachers, but also a number of requirements for the profile of the specialty obtained at the university.
Refusal to hire
The reasons why the employer decides not to accept the applicant must be expressed in writing. Meanwhile, for a legally correct registration of a refusal, the head or another employee authorized by him must have certain knowledge and skills.
To avoid such a situation, when placing a vacancy, it is necessary to describe in detail all the requirements for the applicant.
Documents
When applying for a job at an educational institution, a citizen provides:
- Passport (other identification document).
- Labor book. An exception is cases of applying for a job for the first time or part-time.
- Insurance certificate.
- Documents on military registration (if a citizen is liable for military service or is subject to draft).
- A diploma of education, a document of qualification or special knowledge (if necessary).
- Certificate of no criminal record.
The employer is not entitled to require other documents from the applicant.