Being a teacher does not mean exempting you from the duties of workers, quite the opposite: teachers are bound by general legislation on public employment and the Harmonized Law on Education. This means that the teacher can be left at home if there is wrongful behavior that causes him to lose confidence in himself and his work. As with any other employee. But when and how do you dismiss a teacher or dismiss a teacher? Are there reasons for leaving him at home explicitly related to his role?
Certainly yes, and they range from breaching his obligations to behavior that might intentionally cause harm to the organization he works for, to misusing tools or funds in his possession, but he doesn’t have to ask for money to improve it. grades.
There are also cases when the teacher cannot be dismissed. The Supreme Court recently ruled on one of them. It is about a heated discussion between a teacher and an older classmate. This behavior is initially indicated as rebellion by the former due to some offensive phrases. For the Supreme Court, disobedience is a different matter entirely, so there is no order for deportation. But let’s see in this article how a teacher can be fired and when he wins instead.
Teacher class: why?
There are several reasons for the ability Teacher class or teacher class. The most established are:
- the violation Serious obligations imposed by the occupied role (not teaching, not correcting homework, not following a predetermined teaching program.
- Intentional conduct that causes serious harm to the school in which you work, to the public administration, to students or their families.
- Unlawful use of tools or money of the institution held and managed. Also, close your eyes when you see a colleague doing the same.
- The asking for money To perform the function required of him to perform his role.
- Teacher’s professional disability.
Layoffs rarely occur for some of these reasons. This is the case, for example, due to occupational disability. The principal is required to initiate the procedure. He must report the situation to the regional school office. He then asks for the intervention of an inspector to check if what has been reported is true. If this is the case, the manager starts the file the chapter. But if it will be announced illegalIt’s not going well for the manager. He must fix the tax damage caused by the whole procedure and pay the arrears to the teacher involved in the case.
Teacher class: If you fail the trial period
it’s called ” Trial duration Exactly for this reason. Its purpose is to test the skills of the worker. For the worker, it is the test of where he will have to carry out his activity. If this period pays off, then everyone will be happy. On the other hand, if the employee fails the test due to inability or other reasons, it will be difficult for the business relationship to continue. Then, When can the teacher be dismissed? After a trial period?
To calibrate a teacher’s skills, the principal relies on an evaluation committee that, for a year, tracks the teacher’s work. After this year a decision is made: if the teacher’s work is final, this period is renewed for another year. Subsequently, if at the end of the two-year period the principal and the evaluation committee consider that the test has not been passed, the teacher will not become permanent, that is, he will be dismissed.
Dismissing a teacher for a good reason
We have previously mentioned the reasons why a teacher can be dismissed on disciplinary grounds. dismissal from workIt can happen in two ways:With or without notice.
chapter with notice
A teacher who has been dismissed has the right to note if the following reasons are based on the judgment
- Absence without just cause for more than three days in two years or for more than seven days in ten years;
- no longer within the time limit fixed by the public administration;
- Forced diversion for justified service needs was not accepted
Dismissal without warning
A teacher can be dismissed without the right to be notified when:
- falsely testifies to his presence at work;
- forging a self-certificate of employment or employment;
- Personally engaging in repeated episodes of violence, aggression, threatening, humiliating, or causing harm to third parties;
- was the subject of a criminal conviction with a permanent ban on the exercise of public office or the termination of the employment relationship;
- Persistently violates the service obligations stipulated in the national commercial contract or the rules of conduct of the administration to which he refers.
Who deals with class for good reason
Disciplinary dismissal of a teacher is the responsibility of the USSR. Any of the Regional Schools Department, through the Office of Disciplinary Actions.
The procedure provides, first and foremost, that the teacher be arrested within 48 hours of being caught committing the crime.
There is a right to be heard, and a right to defend the teacher through a hearing and a written statement.
The final investigation decides whether to dismiss the case or dismiss the teacher, which should only be done due to non-compliance or violations of the law so serious that it does not allow the business relationship to continue
Teacher’s class: When the judgment is not correct
At the beginning of this article we mentioned a recent Supreme Court order. This is the story of a spirited teacher, accused of raising his voice too much with an older classmate. As such, he was convicted of disobedience and deserved dismissal. According to the Supreme Court, the degree of seriousness of such an incident with such an accusation is not valid. Hence, it must be declared illegitimate.
For disobedience to be so, the protagonist of verbal aggression must be inferior to the recipient of his disobedience or offensive phrases. However, if, as in this case, he was a fellow ranker, there was no disobedience to even the oldest. Indeed, it is not seniority that is important, but the role one plays in the organizational scheme, in this case, of the school.