Termination of an employment contract with a teacher: special grounds

Автор: Zhemkov Andrey A.

Журнал: Поволжский педагогический поиск @journal-ppp-ulspu

Рубрика: Образовательное право

Статья в выпуске: 3 (29), 2019 года.

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The article represents the results of the analysis of judicial practice in disputes related to the termination of the employment contract with pedagogical workers because of their physical or mental violence against the personality of a student. Concrete cases from teaching practice are considered. The author found particular difficulties in the interpretation of the norms of paragraph 2 of Art. 336 of the Labor Code of the Russian Federation. It gives a rise to problems of law enforcement, correlated with the uncertainty of the dismissal of a teacher in connection with the use of teaching methods related to physical or mental violence against a student’s personality. It is argued that the lack of clarification of the concepts of “physical and mental violence against the personality of the student” leads to the difficulty of determining the degree of such violence, sufficient to dismiss the employee. The article will be interesting to specialists in educational law, teachers, educators and parents.

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Educational law, teacher, employment contract, physical abuse, mental abuse, abuse of the student's personality, dismissal, litigation

Короткий адрес: https://sciup.org/142223250

IDR: 142223250   |   DOI: 10.33065/2307-1052-2019-3-29-60-71

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