Teacher's rights
Advice from lawyers:
1. Does a teacher, when returning from maternity leave, have the right to work in a group where her child goes.
1.1. Yes, the law does not establish such restrictions. Sometimes kindergarten managers try to separate children and their parents so that conflict situations do not arise and there are no ethical claims on the part of parents, but these can only be recommendations. It is good that the parents of other children do not accuse you of applying double standards to the children in the group.
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1.2. It has. There is no prohibiting law on this issue.
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2. Does a teacher have the right to take back his portfolio upon dismissal from a kindergarten?
2.1. Good afternoon, Ekaterina! Yes, it has.
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3. Do they have the right to reduce teachers’ leave to 28 days due to coronavirus?
3.1. Hello, no, they do not have the right to shorten their vacation.
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4. Children are transferred to an older group. The teacher refuses to take my child to this group due to personal interests. Allegedly, according to her, I didn’t say hello to her and was rude. The teacher reported this to the head and asked not to transfer my child to her group. She doesn't want to meet herself. We don't know each other personally. Does a teacher have the right not to take a child because of personal interests? How legal is this?
4.1. Valentina, did you enter into an agreement with the kindergarten? There or in the documents regulating the activities of the kindergarten, it must be indicated when and under what circumstances the child is transferred to the next group. You need to go to the manager, apologize for this misunderstanding and ask to transfer the child according to the Rules and Regulations. The teacher is wrong. But you should also behave more correctly. If the child is taken, she may take it out on the child. In my opinion, it is better to resolve the conflict.
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5. I work as a teacher in a family home, now we have been mothballed, am I entitled to any additional payments or not?
5.1. Yes, you have the right to a salary or payment for downtime (if the downtime is imposed by order of the manager).
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6. I am an assistant teacher in a speech therapy group. They want to transfer me to a nursery group. The boss may have the right to transfer me?
6.1. Hello. If you don't want to, then you can't.
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7. I have the right to work as a kindergarten teacher. garden? I am 68 years old, almost 50 years of experience (approximately less than 2 years). She worked in management for 19 years. Passed the position requirements and completed the courses only 1 year ago. A young teacher appeared and they want to fire me. But in our team we have a teacher at 0.5 pay, who has a main job at a gas station and works part-time for us. Which one of us has the advantage? She was only accepted 7 months ago?
7.1. The employer decides who to keep and who to fire. At your age you need to understand this.
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7.2. Hello. You have the right.
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8. I have been working as a teacher for 30 years. of which 19 are at the rate. The rest, according to production needs, (the entire team) are at 0.75 and 0.9 rates. The professional load during this period remained at the level of the rate, but it turns out that years of part-time work are not included in the length of service for early retirement. How can I prove in court that I have the right to early retirement?
8.1. Hello Ekaterina! To answer the question correctly, you need information about the place and periods of work at 0.75 and 0.9 rates. Contact a lawyer/attorney in person with the available documents. Good luck!
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9. Does the teacher have the right to give medicine in kindergarten. If not, then based on what law or regulation.
9.1. Hello. There is no such law or regulation. We need to see if there is such a duty as a teacher in his job description.
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9.2. Good afternoon Siranush! Any medical intervention in the body of a minor is carried out exclusively with the consent of the parent or his legal representative. Basis: Federal Law On the Fundamentals of Protecting the Health of Citizens This norm is applicable accordingly if you did not give informed voluntary consent to medical intervention.
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10. I work as a teacher in a kindergarten. My shift is 6 hours. The manager forces me to work in 2 shifts, but I am against it. What documents are on my side? Where can I complain? After all, I know that the manager has no right to force me. Thank you.
10.1. Hello. In accordance with Article 103 of the Labor Code, working two shifts in a row is prohibited. Contact the state labor inspectorate in your region.
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11. The teacher took my sister’s phone at the boarding school and won’t give it back for more than three months. Does she have the right to do so?
11.1. No, the teacher does not have the right to do this. Appeal his actions to the education department, as well as to the guardianship and trusteeship authorities.
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11.2. Hello, Anastasia! No, this is illegal. I think that you need to file a statement with the police.
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12. I work in a preschool institution as a music director. During the summer period, I am annually “put” to work as a teacher. This year I wrote in advance an application for vacation at my own expense. But the management had a production need to recall me from unpaid leave (the reason is that one of the teachers underwent surgery and is on long-term sick leave). Does my employer have the right to force me to go to work? Thank you!
12.1. Are you on family leave? Leave without pay. For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. Art. 128 of the Labor Code of the Russian Federation.
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13. Yulia: Hello, I have this situation, I work as an assistant teacher in a kindergarten, yesterday I was called to work and told to either quit or become a kitchen worker, I am a mother of many children of 8 years, 7 years and 3 years, my schedule will be from 7 in the morning, what to do? Do they have the right to fire me? There is more than a month left until vacation. Although they need assistant teachers. Why do they do this? I just do not understand.
13.1. Good afternoon Did you sign any documents? They have no right to fire you without sufficient grounds. For what reason were you given the choice of dismissal/transfer?
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14. A child is in an orphanage, a phone was bought for him, the teachers take the phone, do they have the right to do so.
14.1. The teacher does not have such a right.
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14.2. See house rules.
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15. I am a kindergarten teacher, graduated from teaching. College. Now I am a 3rd year student at the institute. Do I have the right to receive a salary similar to a higher education degree? It’s just that the difference in salaries between middle and higher levels is very large.
15.1. No, you haven’t graduated from college yet.
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16. I graduated from a pedagogical college this year and am a preschool teacher. Do I have the right to additional payment as a young specialist?
16.1. A young specialist has a lot of benefits, ranging from salary allowances and so on, additional payments are not provided for by law.
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17. I'll assume the teacher. The children got into a fight and one had a mark from the blow on the other. I didn't finish watching it. What are my rights in court to defend myself if the case suddenly goes to trial?
17.1. You will have to, based on Article 1073 of the Civil Code, prove that you took all measures to prevent such incidents. And you will also refer to the shortcomings of upbringing on the part of the parents of fighters (after all, the best defense is an attack).
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18. I am currently 17 weeks pregnant. I work in a kindergarten as a junior teacher, in Krasnoyarsk there is self-isolation until July 12, 2020, our kindergarten does not accept children, but repair work is underway, its employees are doing it. Do I have the right to stay at home with my salary while self-isolating?
18.1. You need a doctor’s document stating that the work performed by employees is contraindicated for you.
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19. Does the manager have the right to fire a substitute teacher if the kindergarten does not work due to quarantine?
19.1. Hello! Fired for what reason?
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20. Tell me, I work as a senior teacher. There is a group of combined and compensating orientation in the garden! I am engaged in methodological work, coordinating the work of educators and specialists working with children with disabilities, writing programs and individual routes for children with disabilities, and am the chairman of the PC in a preschool educational institution. My activities are considered direct participation in working with children with disabilities, I have the right to extended 56 days vacation, Thank you for your answer.
20.1. The duration of the annual basic paid leave of teaching staff of educational institutions is established by Decree of the Government of the Russian Federation dated October 1, 2002 No. 724 “On the duration of the annual basic extended paid leave provided to teaching staff” (hereinafter referred to as Resolution No. 724). According to Resolution No. 724, an extended duration of annual basic paid leave is established for teaching employees of educational institutions, amounting to 42 or 56 calendar days, depending on the type and type of educational institution in which the work is performed and the position held by the employee. Speech therapists, speech pathologists, educators, physical education instructors, educational psychologists, social educators, additional education teachers, music directors, methodologists and other teaching staff of general education institutions have the right to an annual basic extended paid leave of 56 calendar days (clause 1 of resolution No. 724).
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I have 32 years of experience, since 1987 I have worked as a teacher, since 1994 I have been working as the head of a kindergarten. Am I entitled to a preferential pension?
Does the head of a kindergarten have the right to deduct points from the teacher’s incentives if parents have a conflict with the head.
Question about the rights of an assistant teacher in kindergartens: The assistant is not provided with a chair and table during the lunch break,
Do parents have the right to raise their voices at the teacher in the presence of one or more children?
I am a kindergarten teacher (St. Petersburg) on vacation. We are in charge of voting for amendments to the Constitution,
I work as an assistant teacher, have two minor children, have a minimum salary, do they have the right to withdraw income tax from me?
I work as a physical education instructor, the head wants to make me a teacher and at the same time perform the functions of a junior teacher. Do I have the right to refuse?
How correctly should an additional bonus be paid to teachers who worked in kindergarten duty groups during isolation.
My name is Olga. I work as a teacher in a municipal kindergarten in Krasnodar.
Please tell me whether a parent (mother) has the right to request from the head of a kindergarten proof of a teacher’s diploma?
I work as a defectologist in a preschool educational institution in the mental health group for 4 hours a day. For the summer I was assigned to work instead of a teacher, I have been working for 7.
Is it possible not to let the social teacher into the apartment?
You can definitely not let him in. No one is obliged to show their private life. Each of us is protected by law and the Constitution, and for this reason alone we can not let anyone into our house. Without explaning the reason.
Home is inviolable. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision.
Constitution of the Russian Federation. Article 25.
Even the police (unless at that moment they are chasing a criminal). You can cross the threshold of your apartment without consent only in emergency circumstances, which are listed in the laws (for example, the Ministry of Emergency Situations can invade your home while putting out fires), or by a court decision. This is stated in the Laws “On the FSB”, “On the Police”, “On Operational Investigative Activities”, “On the Fight against Terrorism”, “On Enforcement Proceedings”, “On Fire Safety”, “On the State of Emergency”.
Illegal entry into a home, committed against the will of the person living there, is punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a period of up to three hundred sixty hours, or by correctional labor. for a term of up to one year, or arrest for a term of up to three months.
Criminal Code of the Russian Federation, Article 139
1. Inspection of a home is carried out only with the consent of the persons living in it or on the basis of a court decision, with the exception of cases provided for in part five of Article 165 of this Code. 2. A search and seizure of a home may be carried out on the basis of a court decision, with the exception of cases provided for in part five of Article 165 of this Code.
Criminal Procedure Code of the Russian Federation, Article 12
5. In exceptional cases, when the inspection of a home, search and seizure of a home <...> cannot be delayed, these investigative actions can be carried out on the basis of a decision of the investigator or inquiry officer without obtaining a court decision.
Criminal Procedure Code of the Russian Federation, Article 165
Daytime nap
Sleeping in kindergarten is a separate issue. Many parents worry whether the rules of recreation in the preschool that their child attends are followed.
It should be noted that parents have the right to see in what conditions the child studies and rests. If you wish, you can enter the bedroom and other rooms.
Children with sensitive sleep, as well as those who take longer to fall asleep, are usually prepared for bed first. These babies are the last to be woken up. If there are children of different ages , then it is customary to raise older students earlier.
During daytime sleep, one of the staff must be present in the bedroom. You can't leave children alone.
Controversial issues
In words, the job responsibilities of a kindergarten teacher look simple and understandable. A completely different picture emerges when controversial issues arise, which often arise between parents and kindergarten staff.
Parents often complain on forums that the child is given too little attention, is forced to eat, or is not kept clean. In such situations, it is advised to take into account that there are more than a dozen children in the group, and not a single teacher will be able to keep track of everyone every minute.
Therefore, if an unpleasant situation happened once, there is no need to complain. If the incident is repeated systematically, parents are recommended to talk with the teacher in the form of a request. In most cases, the teacher accepts parents' comments with understanding and monitors the student in accordance with your wishes.
If the problem goes beyond unwashed hands, it needs to be sorted out at the administration level. a child was injured or suffered moral damage while in kindergarten , this must be certified, for example, by calling an ambulance. Only in this case will parents be able to receive compensation from the preschool institution. In this case, the administration will deal with the teacher.
If a child receives moral damage, you should contact the head of the kindergarten. The application must be in writing and fully describe the situation in a correct form.
Before you complain about a kindergarten teacher, consider the enormous amount of work that person does every day. Instead of reproaching the staff for lack of attention to the child, teach your child to make friends with peers, and if your baby returns with his socks turned inside out, teach your child to dress himself. Most problems that arise can be resolved peacefully, because most teachers are also parents.
Official documents
The responsibilities of a teacher can be divided into two categories: official and voluntary. Unlike the second point , which depends on the desire and dedication of the teacher, the official requirements for personnel according to the Federal State Educational Standard are presented in a number of documents:
- Instructions with a full description of the responsibilities in accordance with which the teacher acts;
- SanPiN requirements regarding sanitary conditions in the institution;
- An employment contract drawn up between a preschool institution and an employee.
Everything that is described in these documents is the direct responsibilities of the kindergarten teacher.
Information from these legal documents provides for the fulfillment of his duties by the teacher in the following points:
- Admission of children to the group . An important point is the direct participation of the parent during the group visit. If the mother left the child near the entrance, and the child tripped and broke his knee, then the blame in this case will fall not on the staff, but on the parent.
- Organization of meals . If necessary, children should receive assistance during mealtimes. The youngest pupils need to be fed.
- Organization of the “working” day . The teacher is responsible for the quality of the children’s time, conducting recommended activities, and maintaining the correct daily routine.
- Providing comfortable conditions for sleep , as well as maintaining a rest regime.
- Organization of walks , high-quality supervision of pupils.
- End of the day, handing over of children to parents.
