Federal Law of the Russian Federation "On Education in the Russian Federation". Federal Law of the Russian Federation "On Education in the Russian Federation" Law on Education Article 47 Clause 9

1. Under legal status a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

2. The Russian Federation recognizes the special status of pedagogical workers in society and creates conditions for them to exercise professional activity. Pedagogical workers in the Russian Federation, rights and freedoms are provided, measures social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing the social significance, the prestige of pedagogical work.

3. Educational workers enjoy the following academic rights and freedoms:

1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;

2) freedom of choice and use of pedagogically grounded forms, means, methods of teaching and upbringing;

3) the right to creative initiative, the development and use of copyright programs and methods of teaching and education within the educational program, a separate academic subject, course, discipline (module);

4) the right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;

5) the right to participate in the development of educational programs, including curricula, training schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of educational programs;

6) the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, development and implementation of innovations;

7) the right to free use of libraries and information resources, as well as access in the manner prescribed by local regulations organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities;

8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;

9) the right to participate in the management of an educational organization, including in collegial governing bodies, in the manner prescribed by the charter of this organization;

10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;

11) the right to unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

12) the right to appeal to the commission for the settlement of disputes between the participants educational relations;

13) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

4. The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the norms of professional ethics of teaching staff, enshrined in the local regulations of the organization carrying out educational activities.

5. Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;

2) the right to additional professional education by profile teaching activities at least once every three years;

3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;

4) the right to long leave for a period of up to one year at least every ten years of continuous pedagogical work in the manner prescribed federal body executive power performing the functions of developing public policy and legal regulation in the field of education;

5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;

6) the right to provide teachers who are registered as needing residential premises out of turn with residential premises under contracts social recruitment, the right to provide residential premises for specialized housing stock;

7) other labor rights, social support measures established by federal laws and legislative acts subjects of the Russian Federation.

6. During the working hours of teaching staff, depending on the position held, educational (teaching), educational work is included, individual work with students, scientific, creative and research, as well as other pedagogical work stipulated by labor (official) duties and (or) individual plan, - methodological, preparatory, organizational, diagnostic, monitoring work, work stipulated by the plans of educational, physical education, sports, creative and other activities carried out with students. Specific labor (job) duties of teaching staff are determined by labor contracts (service contracts) and job descriptions... The ratio of academic (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, specialty and qualifications of the employee.

7. The working hours and rest hours of teaching staff of organizations carrying out educational activities are determined by the collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, labor contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

8. Educational workers living and working in rural areas settlements, workers' settlements (urban-type settlements) are entitled to compensation for the cost of housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses associated with the provision of these measures of social support to teachers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budgetary appropriations federal budget, and for teachers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the constituent entities of the Russian Federation and are provided at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation.

9. Pedagogical workers of educational organizations participating in the decision authorized bodies the executive branch in holding a unified state examination during working hours and released from the main job for the period of the unified state examination, guarantees and compensations are provided, established labor legislation and other acts containing norms labor law... The teaching staff participating in the unified state examination are paid compensation for the work on the preparation and conduct of the unified state exam. The amount and procedure for paying this compensation are established by the constituent entity of the Russian Federation at the expense of budgetary allocations from the budget of the constituent entity of the Russian Federation allocated for the unified state examination.

10. To attract graduates of professional educational organizations and educational organizations higher education to pedagogical activity bodies state power subjects of the Russian Federation have the right to establish additional measures state support.

1. The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

2. The Russian Federation recognizes the special status of pedagogical workers in society and creates conditions for them to carry out their professional activities. Pedagogical workers in the Russian Federation are provided with rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing social significance, and the prestige of pedagogical work.

3. Educational workers enjoy the following academic rights and freedoms:

1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;

2) freedom of choice and use of pedagogically grounded forms, means, methods of teaching and upbringing;

6) the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, development and implementation of innovations;

7) the right to free use of libraries and information resources, as well as access, in accordance with the procedure established by local regulatory acts of the organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities;

9) the right to participate in the management of an educational organization, including in collegial governing bodies, in the manner prescribed by the charter of this organization;

10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;

11) the right to unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

12) the right to appeal to the commission for the settlement of disputes between participants in educational relations;

13) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

5. Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;

2) the right to additional professional education in the field of pedagogical activity at least once every three years;

3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;

4) the right to long leave for a period of up to one year at least every ten years of continuous pedagogical work in the manner established by the federal executive body in charge of developing state policy and legal regulation in the field of education;

5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;

(as amended by Federal Law of 21.07.2014 N 216-FZ)

6) the right to provide teachers who are registered as needing residential premises out of turn with residential premises under social rental contracts, the right to provide residential premises with specialized housing stock;

7) other labor rights, social support measures established by federal laws and legislative acts of the constituent entities of the Russian Federation.

6. During the working hours of teaching staff, depending on the position held, educational (teaching) and educational work is included, including practical training of students, individual work with students, scientific, creative and research work, as well as other pedagogical work provided for by labor (official ) responsibilities and (or) an individual plan - methodical, preparatory, organizational, diagnostic, monitoring work, work provided for by plans for educational, physical culture, sports, creative and other activities conducted with students. Specific labor (job) duties of teaching staff are determined by labor contracts (service contracts) and job descriptions. The ratio of academic (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, specialty and qualifications of the employee.

(as amended by Federal Law of December 29, 2015 N 389-FZ)

7. The working hours and rest hours of teaching staff of organizations carrying out educational activities are determined by the collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

8. Pedagogical workers living and working in rural settlements, workers' settlements (urban-type settlements) are entitled to compensation for the cost of housing, heating and lighting. The size, conditions and procedure for reimbursement of expenses associated with the provision of these measures of social support to teachers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budgetary allocations from the federal budget, and teachers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the constituent entities. Of the Russian Federation and are provided at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation.

9. Pedagogical workers of educational organizations participating, by decision of the authorized executive bodies, in the state final certification of educational programs basic general and secondary general education during working hours and released from the main job for the period of the specified state final certification, guarantees and compensations established by labor legislation and other acts containing labor law norms are provided. Pedagogical workers participating in the state final certification for educational programs of basic general and secondary general education are paid compensation for the work on the preparation and conduct of the specified state final certification. The amount and procedure for payment of such compensation are established by the constituent entity of the Russian Federation at the expense of budgetary allocations from the budget of the constituent entity of the Russian Federation allocated for state final certification for educational programs of basic general and secondary general education.

(Part 9 as amended by Federal Law of 03.07.2018 N 188-FZ)

10. To attract graduates of professional educational organizations and educational institutions of higher education to pedagogical activities, state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support.

Of the Federal Law "On Education in the Russian Federation", the heads of educational organizations do not belong to the category of positions held by teaching staff. This rule is confirmed by the nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by the Decree of the Government of the Russian Federation of August 8, 2013 No. 678.

In accordance with Part 7 of Art. 51 of Federal Law No. 273-FZ, heads of educational organizations are provided in the manner established by the Government of the Russian Federation, separate rights, social guarantees and social support measures provided for teachers, namely:

the right to the main annual extended paid leave;

the right to early assignment of an old-age labor pension in the manner prescribed by the legislation of the Russian Federation;

the right to provide compensation for the costs of housing, heating and lighting - for those living and working in rural settlements, workers' settlements (urban-type settlements).

As can be seen from the above provisions, the list of labor rights and social guarantees of managers does not include the right to additional professional education provided for teaching staff.

However, we note that in accordance with Part 1 of Art. 4 of Federal Law No. 273-FZ, legislation on education includes both regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation containing norms governing relations in the field of education. The rights and obligations of heads of organizations in the field of labor relations are also determined by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts Of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies local government, constituent documents organization, local regulations, employment contract (Art.274 Labor Code RF).

V labor relations with the bodies performing the functions of founders of educational organizations, the head is an employee, therefore, has the right to additional professional education in accordance with Art. 197 of the Labor Code of the Russian Federation (as amended by the Federal Law of July 2, 2013 No. 185-FZ). This right is exercised by concluding an agreement between the employee and the employer.

It should be noted that according to paragraphs. 62 p. 2 of Art. 26.3 of the Federal Law of October 6, 1999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation ", the powers of the state authorities of the constituent entity of the Russian Federation include, inter alia, the organization of additional professional education for employees government agencies subject of the Russian Federation, including the heads of such institutions. Similar provision for workers municipal institutions contained in clause 8.1 part 1 of Art. 17 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation".

Thus, the organization of additional professional education for heads of state and municipal educational institutions carried out by their founders.

Article 47. Legal status of teaching staff. The rights and freedoms of teaching staff, guarantees of their implementation