Teaching activities citizens canconduct in specialized educational institutions or individually. The current legislation provides for a number of requirements and restrictions for persons wishing to work in the field of education. The main ones are installed Art. 331 of the LC RF.
To pedagogical activity are not allowed:
- Persons, recognized in due course incompetent.
- Citizens with diseases listed in a special list. It is a question of the List approved by the governmental decree No. 377.
- Citizens who have been sentenced to a sentence prohibition of pedagogical activity.
- Subjects exposed / exposedcriminal prosecution, encroachment on freedom, health, dignity, honor of the person (the cessation of the unlawful placement in a psychiatric hospital, insults, slander), sexual inviolability, family and minors, public morality and security. The exception is made by citizens, in relation to whom the prosecution for rehabilitating circumstances is terminated.
- Persons who have been convicted (or have it at the moment) for the above acts.
- Citizens who have an unexpunged / outstanding conviction for serious / particularly serious infringements committed intentionally.
These restrictions are fixed in paragraph 2 Art. 331 of the LC RF.
Prohibition of Teaching Activities
If the right to engage in teaching activities was limited, and the citizen did not serve the imputed penalty, upon termination of the contract with the employer, a record is made of the grounds and duration of the restriction in the work record book.
According to the Criminal Code, such a sanction is provided for1-5 years as the main punishment and for 6 months. - 3 years as an additional. In some cases, the duration of the restriction as an additional sanction may be up to 20 years (Article 47 of the Criminal Code).
Criminal record and prosecution
A citizen convicted of an act,is convicted from the date of entry into force of the sentence and until the date of withdrawal / repayment of the criminal record. The relevant provisions are enshrined in Article 86 of the Criminal Code. A subject exempted from punishment is considered to be unconvicted.
From the above, it follows that the fact thatcriminal records for certain types of encroachments by a citizen, regardless of repayment / withdrawal, is considered a qualifying sign when determining the grounds for limiting the right to conduct teaching activities.
Unexplained / unrecognized previous conviction
Confirmation of the fact of the absence of a criminal record, itsredemption / withdrawal of the person can be a special certificate. It can be obtained from the GIAC (Main Information and Analytical Center) of the Ministry of Internal Affairs or information centers of the Internal Affairs Directorate and the Central Internal Affairs Directorate of the regions.
For serious acts, the guilty person may be sentenced to a maximum penalty of not more than 10 years, and for especially serious ones - more than 10 years or life imprisonment.
Repayment of the criminal record is carried out against citizens convicted for serious assaults - 6, for especially serious ones - 8 years after serving the appointed punishment.
In the case of impeccable behavior, after the completion of the sentenced sentence, the criminal record can be lifted to the periods indicated above at the request of the person.
Pedagogical activity does not allow persons, unable to acquire and realize civil rights, as well as create their own duties and perform civil duties.
It is necessary to take into account that the circumstances, in connection withwhich the subject was deemed incompetent, can be eliminated. In such cases, the court may decide to recognize the person's legal capacity. For this, the following statement is submitted:
- family member;
- administration of psycho-neurological / psychiatric institution;
- body of custody / guardianship.
The final decision of the court is made taking into account the medical report issued on the basis of the results of forensic psychiatric examination.
The list of pathologies approved by the Government established general medical psychiatric contraindications for employees:
- children's homes;
- educational institutions;
- boarding schools;
- children's homes;
- boarding schools.
Contraindications are prolonged and chronic mental disorders with often aggravated or severe persistent painful manifestations. An example of such a disease is epilepsy.
Pedagogical activity does not allow persons, suffering from acute and chronic infectious diseases, including syphilis and tuberculosis in an open form.
Contraindications are revealed during medical examinations. According to the current regulations, pedagogical workers are required to undergo preliminary and periodic surveys. They are organized at the expense of the founder. The procedure for passing examinations at the expense of the regional budget is determined by the legislation of the subjects of the Russian Federation. Information about the results of the examinations is entered into the medical records of the employees.
Expressed manifestations of borderline states in mental disorders are considered individually in each case.
Features of admission to teaching activities
In accordance with Federal Law No. 489, from 1 January. 2015 KDN (commissions for minors) were given new powers. They decide on admission of certain categories of persons to pedagogical activity.
These powers extend to cases of admission of citizens:
- having / had a criminal record;
- in respect of whom the criminalprosecution for acts against health, honor, life, dignity, sexual freedom and inviolability of the person, minors and the family, public health, constitutional bases, public morality, state security.
The determining factors in making decisions are:
- severity and type of crime;
- the period that has elapsed since the act was committed;
- form of guilt;
- personality characteristics;
- circumstances reflecting the attitude towards the performance of professional duties, etc.
The employer is obliged to remove the citizen frompedagogical activity in the case of obtaining information from law enforcement agencies about the criminal prosecution opened against this person for the crimes specified in article 331 of the TC. At the same time, suspension is valid for the whole period of prosecution until it ends or the court decision comes into effect.
The authority of the KDN does not include consideration of the issues on admission of citizens suffering from pathologies, as provided for in the List approved by the Government. These persons are not allowed to perform pedagogical activities in accordance with the TC.
By general rules, before the reception of a citizen in an educational institution as an employee, a conversation is conducted.
During the interview, the employer determines,whether the citizen is suitable for work in an educational institution. Answers to the questions you ask allow you to assess the level of professional training, the personal qualities of the applicant.
Of particular practical importance is the questionnaire. Persons with an educational qualification are admitted to work in an educational institution. About it it is spoken in item 1 331 of article ТК. In the questionnaire for work as a teacher, the applicant, among other things, specifies the specialty, information about the institution in which the education was obtained.
The pedagogical qualification is establishedqualification characteristics, which are approved by the order of the Ministry of Health and Social Development No. 761n and are given in the CEN (Unified Qualification Handbook). They assume not only the availability of a certain level of professional education among teachers, but also a number of requirements to the profile of the specialty received at the university.
Refusal of employment
The reasons why the tenant decides not toaccept the applicant, must be expressed in writing. Meanwhile, for the legally correct registration of a refusal, the head or other authorized employee must possess 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.
When applying for a job in an educational institution, a citizen provides:
- Passport (another document certifying the identity).
- The work book. Exceptions are cases of employment 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 conscription).
- Diploma of education, a document on qualifications or special knowledge (if necessary).
- Certificate of absence of previous conviction.
Other documents require the employer to not ask the employer.