Legal services are required by specialists of various professions, since most citizens do not have legal knowledge. Pedagogical activities are related to the Labor, Civil, Educational Codes, which only a professional who constantly solves legal issues can thoroughly know. A lawyer who is closely acquainted with the legal principles of education can follow the latest changes in legislation and use practical experience to protect the interests of teachers.
Teachers turn to a lawyer for a variety of reasons. These may be questions related to the Labor Code, when you need advice for the future. Problems with parents and children sometimes force them to use the protection of an experienced lawyer who will explain the situation from the point of view of Civil and Administrative Law. The professional body of legislative acts dictates various duties to teachers, indicates the rights that they do not use.
The questions relate to controversial issues on previously concluded labor contracts, payment of compensation for additional academic hours, problems of passing refresher courses, calculating the length of service when combined. Most of the problematic issues affect related sections of the law, justification of lawyers of various directions is required, sometimes expert opinions and the collection of evidence.
You can find out if the teaching experience is a second time or it is permissible to use the right only once when you contact a lawyer for advice. For example, quite often the question arises about the legal framework regarding the enrollment of training time in qualifying courses in general and teaching experience.
You should not independently resolve such issues related to labor relations. A professional will give a quick and clear answer, point out the relevant rule of law. Conflicts between the management of an educational institution and a teacher should be resolved in accordance with the law, and a lawyer should protect the interests of the applicant. The specialist will get to the bottom of the problem, consider it without emotions and false messages. The facts and relevant evidence will be presented to the opposing parties in accordance with the laws.
The lawyer will try to reach a compromise by explaining to the interested parties what the result is supposedly the judicial review. In case of unauthorized dismissal, restoration by a court decision, compensation for material losses and moral damage will be required. To explain to the participants in a conflict situation on what laws the requirements of both parties are based, to come to a reconciliation of interests - this is the task of a practicing lawyer.
Particularly difficult in the work of a teacher are conflicts with students and their parents, who can file a complaint with the management or the supervisory authorities. Sometimes disputes require judicial consideration, the teacher faces administrative or criminal penalties. The reputation suffers, you can lose your job in your specialty, get a ban on further activities. The trial should be conducted under the guidance of an experienced defense attorney.
The lawyer will be able to competently substantiate the client's position, give legal arguments to prove the rightness, speak at meetings on behalf of the client. Having practical experience, the defense attorney will draw up statements and petitions, comply with the established regulations, which will not require repeated appeals and corrections of shortcomings. It is possible to involve a specialist at any stage of the consideration of the case; a lawyer can go through the whole process with his client. If the client is not satisfied with the court's decision, the lawyer will continue to work by contacting higher authorities.
Online consultations for teachers
The modern and popular way is to contact a lawyer on the Internet. Consultations are convenient in that they do not require personal presence, are available at any time and are free of charge. By asking a question, you can expect an answer in real time. The appeal does not require a presentation, it is available at any time of the day. The lawyer will substantiate his answer with the norms of law, share the legal practice of such questions, and propose a scheme of actions.
Sometimes one interview is enough to understand the essence of the problem, the person calms down and sees the prospects for resolving the situation. Independent work often brings negative results, which then have to be corrected by a professional. Therefore, the best option would be an early consultation, which brings practical benefits to everyone. After assessing the professional abilities of the consultant, the user decides on further cooperation, if such steps are required to protect interests.
02.05.2017We publish answers to a number of questions that were asked by teachers during the webinar "How to protect the labor rights of teachers?", Held on March 1 and organized by the publishing house "September 1". On May 24, the next webinar of Vsevolod Lukhovitsky will take place, dedicated to the protection of the labor rights of teachers (title "Legal literacy of a teacher: how to resolve labor disputes"). You can sign up for the webinar on the website of the First September Publishing House (participation is paid). The trade union will answer the rest of the listeners' questions in a subsequent publication.
1. What additional guarantees and benefits are established in Russian legislation for young professionals?
This issue is very difficult due to the fact that the guarantees of young specialists vary greatly depending on the industry in which they work, as well as on the jurisdiction of the respective employing organization. In Russian legislation, there is not even a single concept of a young specialist.
The Labor Code of the Russian Federation (Art. 70) uses the term "A person who graduated from an educational institution of primary, secondary and higher vocational education, which has state accreditation, and is first employed in the acquired specialty within one year from the date of graduation from the educational institution." In the Concept for the Development of Education in the Sphere of Culture and Arts in the Russian Federation for 2008 - 2015 (approved by the order of the Government of the Russian Federation of 25.08.2008 No. 1244-r), a young specialist is understood as a graduate of higher and secondary specialized educational institutions of arts.
The main criteria for defining the concept of "young specialist" provided for in the Labor Code of the Russian Federation:
a) the person must graduate from an educational institution of higher professional education that has state accreditation.
b) the person must first go to work in the acquired specialty.
c) a person must be employed in the acquired specialty within one year from the date of graduation from an educational institution.
Additional criteria may be specified in Industry Agreements and apply only to workers in a specific industry.
The current labor legislation provides for general and special guarantees provided to employees, including those from among young professionals.
Guarantees are understood as means, methods and conditions by which the implementation of the rights granted to him in the field of social and labor relations is ensured by the employee.
The general guarantees in accordance with article 165 of the Labor Code of the Russian Federation include those that are provided upon hiring, when transferring to another job, on remuneration.
Special guarantees include guarantees provided in the following cases:
a) when sent on business trips (Articles 167, 168, 168.1 of the Labor Code of the Russian Federation);
b) when moving to work in another area (Article 169 of the Labor Code of the Russian Federation);
c) in the performance of state or public duties (Chapter 25 of the Labor Code of the Russian Federation);
d) when combining work with training (Chapter 26 of the Labor Code of the Russian Federation);
e) in case of forced termination of work through no fault of the employee (Article 234 of the Labor Code of the Russian Federation);
f) upon granting annual paid leave;
g) in some cases of termination of an employment contract (Articles 178, 180, 181 of the Labor Code of the Russian Federation);
h) due to the delay due to the fault of the employer in issuing a work book when an employee is dismissed (Article 234 of the Labor Code of the Russian Federation).
The main guarantees of the labor rights of a young specialist are provided for in the Labor Code of the Russian Federation.
Let's consider some guarantees of the rights of young professionals.
One of the additional conditions of an employment contract may be a test condition. The test period, as a general rule, cannot exceed three months.
However, article 70 of the Labor Code of the Russian Federation defines a list of persons in respect of whom a test at hiring is not established. Among them are young specialists - persons who have graduated from educational institutions of primary, secondary and higher vocational education with state accreditation and who are first employed in their specialty within one year from the date of graduation from an educational institution.
In the event that the employer, in violation of the requirements of Article 70 of the Labor Code of the Russian Federation, nevertheless included a test condition in the labor contract, the young specialist should file a complaint with the court or the Federal Service for Labor and Employment (Rostrud), which is entrusted with the implementation of state supervision over compliance by employers with labor laws.
However, it should be remembered that this exclusion does not apply to:
a) for a graduate of an educational institution that does not have state accreditation;
b) a graduate of an educational institution applying for a job for the first time, but not in his specialty;
c) a graduate of an educational institution applying for a specialty received a year after graduating from a university.
Accordingly, the employer has the right to establish a probationary period for these persons of no more than three months.
If, by agreement with the employer, the young specialist must move to work in another locality, the employer is obliged to reimburse the costs:
a) for the relocation of the employee, his family members and the transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);
b) the cost of settling in a new place of residence.
In this case, the specific amount of compensation must be determined by agreement of the parties. (Article 169 of the Labor Code of the Russian Federation)
In accordance with article 133 of the Labor Code of the Russian Federation, the monthly wage of an employee cannot be lower than the minimum wage, that is, not lower than the subsistence minimum of the working-age population.
As well as the status itself, payments and benefits for young specialists of state and municipal educational institutions are established at the regional level. For example, in Moscow and St. Petersburg it looks like this:
In addition to a one-time cash payment upon admission to work, young Muscovite teachers in the first 3 years of employment are entitled to a wage supplement in the amount of 40% of the rate. For specialists who have received a diploma with honors, the premium is higher - 50%.
In addition, in Moscow, a young specialist in education receives another type of additional payment - 15% of the rate to compensate for half the cost of a travel ticket.
Important: the amount of allowances and surcharges is calculated without taking into account the additional load. That is, if a young teacher works for one and a half rates, he will receive an additional payment only for one.
2. St. Petersburg
For young teachers of schools in the northern capital, salary increments are not provided, but they are entitled to receive one-time payments in the amount of:
6 basic units - for specialists who have received a state diploma of higher and secondary vocational education;
8 basic units - for specialists who received a diploma of the same level with honors.
As of 01.01.2015, the size of one basic unit is 8432 rubles.
In addition, during the first 3 years of work, teachers in St. Petersburg who have not reached the age of 30 must be reimbursed monthly for travel expenses by any type of passenger transport, with the exception of a taxi, within half the cost.
You can get a lump sum payment by applying with the appropriate application to the relevant department of education or the social protection authority of St. Petersburg.
2. Is the salary the personal data of the employee?
In accordance with Art. 3 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data", personal data is any information relating to an individual (subject of personal data) identified or determined on the basis of such information, including his last name, first name, patronymic, year , month, date and place of birth, address, family, social and property status, education, profession, income, etc. Thus, information about wages refers to information about personal data.
As a general rule (Article 88 of the Labor Code of the Russian Federation), the employer should not disclose the employee's personal data to a third party without the written consent of this employee, except for cases when it is necessary to prevent a threat to the life and health of the employee, as well as in other situations provided for by the Labor Code of the Russian Federation or other federal laws. Also, the employer does not have the right to disclose the personal data of the employee without his written consent for commercial purposes. The employer is obliged to refuse to provide personal data if the person who made the request is not authorized by federal law to receive such information or there is no written consent of the employee to provide information about him to the person who made the request. In this case, a written notification of the refusal to provide personal data is issued.
The provision of personal data of an employee within the framework of the current legislation of the Russian Federation is possible:
1) the employee himself, including without a written request for the provision of data, since the employee's consent is reflected by affixing a signature upon receipt of the document;
2) to third parties upon presentation of the written consent of the employee;
3) third parties who have the right to obtain such data by virtue of law without the consent of the employee.
In the first two cases, the situation is quite clear. As for the third case, a list of persons and bodies to which personal data can be transferred without the consent of the employee is legally determined. For example, in the event of an accident with an employee, the employer is obliged to inform the relevant authorities and organizations, and in the event of a serious accident (or death) - also to his relatives. In this situation, the employee's consent to the transfer of his personal data is not required (Article 228 of the Labor Code of the Russian Federation). The list of notified bodies and the deadlines for sending notifications of an accident are established by Art. 228.1 of the Labor Code of the Russian Federation.
The employer is also obliged to provide personal data of employees to state labor inspectors when they carry out supervisory and control activities (Article 357 of the Labor Code of the Russian Federation).
3. Should the teaching load continue for a teacher who has left maternity leave?
In accordance with Art. 256 of the Labor Code of the Russian Federation, an employee who went on maternity leave retains his place of work (position). In accordance with the provisions of Order 1601 of the Ministry of Education, a decrease in the number of teaching loads is possible only in connection with a decrease in the number of hours according to curricula, schedules, a decrease in the number of students, a decrease in the number of classes (clauses 1.5-1.8). Thus, if none of these documents have undergone changes, then a teacher who has left maternity leave must be provided with the same teaching load.
4. Does the teaching experience include work as a teacher for fewer hours than the rate?
This issue is regulated by Decree of the Government of the Russian Federation of October 29, 2002 No. 781 On lists of jobs, professions, positions, specialties and institutions, taking into account which an old-age retirement pension is assigned ahead of schedule in accordance with article 27 of the Federal Law "On labor pensions in the Russian Federation" , and on the approval of the rules for calculating the periods of work, giving the right to early assignment of an old-age labor pension in accordance with Article 27 of the Federal Law "On Labor Pensions in the Russian Federation". Clause 4 of the Rules of which says that the periods of work performed before September 1, 2000 in positions in the institutions specified in the list are counted in the work experience, regardless of the conditions for fulfilling the norm of working time (pedagogical or academic load) during these periods, and starting from September 1, 2000 - subject to the fulfillment (in total for the main and other places of work) the norm of working time (pedagogical or study load) established for the wage rate (official salary), except for the cases determined by these Rules.
Thus, it is important that 18 hours of study load are recruited across all workplaces. In this case, such work will be counted for teaching experience.
5. How does labor law regulate the issue of time off?
The concept of "time off" is still used in the case of an employee leaving for one or more days of rest, despite the fact that such a term does not currently exist in the Labor Code. Currently, the concept of "day off" as a day of rest is mentioned in the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution N 2).
According to the Labor Code, an additional day of rest (or additional time of rest) is provided as compensation for:
Overtime work (Article 152); Additionally, Art. 99 of the Labor Code of the Russian Federation.
Work on a day off or a non-working holiday (Article 153); Additionally, see: Art. 113 of the Labor Code of the Russian Federation, Letter of Rostrad dated 03.07.2009 N 1936-6-1, Appeal ruling of the Arkhangelsk Regional Court dated 04.03.2013 N 33-1200 / 13, Regulations on the specifics of sending workers on business trips, approved by the Decree of the Government of the Russian Federation of 13.10.2008 N 749
Donation of blood and its components (Article 186);
Recycling of working hours within the work schedule with a rotational work method (Article 301).
The employee is granted time off according to the order of the employer. The order is issued on the basis of the employee's application for a day off for work on weekends, overtime work, blood donation day, etc. The Labor Code does not establish the obligation to write an application for a day of rest; nevertheless, it can be determined by a local normative act. And if an employee, without the consent of the employer, in the event of overwork or work on a weekend or holiday, unauthorizedly uses the day of rest assigned to him, he can be brought to disciplinary responsibility.
The statement is also necessary in view of the fact that the employee, in cases established by law, has a choice - to take a day off or receive monetary compensation. The employee informs the employer about the specific date of the day of rest for work on a holiday already in the application. Thus, the basis for providing an employee with a day of rest for work on a weekend or a holiday will be the following documents: a notice of work on a weekend (holiday), an order to attract an employee to work on a weekend (holiday) and an employee's statement about granting him a day of rest for work on a weekend (holiday) day (if he chooses a day of rest as compensation).
As for the provision of rest days in connection with donating blood, the grounds will be the employee's statement and a medical certificate confirming the fact of donating blood.
So, on the basis of the employee's application and other listed documents, the employer issues an order. Note that the order is drawn up in any form, and the unified form T-6, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1, in this case cannot be applied, since it is intended for the employee to issue various types of vacations (basic annual, additional, educational, without pay, etc.).
And, of course, you shouldn't write that the employee is given time off. It should be indicated that the employee is given a day of rest, and the reason for this day (work on weekends, overtime work, blood donation). Don't forget to mark the day off on your timesheet. In this case, the marks will be different. Since the rest days associated with donating blood are subject to payment, they will be marked with the letter code "ОВ" or digital "27" (additional paid day off), and all others - with the letter code "НВ" or digital "28" (additional days off without pay).
In conclusion, we recall once again that time off is, as a rule, unpaid rest days, which are provided as compensation for work outside of working hours, with the exception of rest days provided in connection with blood donation. When granting time off, the employer should be careful, first of all, to the fact that not all employees may be involved in work outside of working hours. In addition, it is necessary to clearly keep records of such overtime, and in case of violation of labor legislation in terms of incorrect payment of overtime or failure to provide the employee with time off for work outside of working hours, not only litigation with the employee, but also bringing the employer to administrative responsibility is possible.
6. Does a teacher-psychologist have the right to a seniority pension in an educational organization?
The Government Decree No. 781 of October 29, 2002 approves the List of positions and institutions, work in which is counted in the length of service, which gives the right to early assignment of retirement pension. According to this list, teachers-psychologists are also included there.
7. Does the employer have the right to demand from the teacher-psychologist to be present at the workplace from 8 am if he works for a payroll, and classes begin to be held only from 12 noon?
The working hours of psychology teachers, as well as other employees of educational institutions, are regulated by the Order of the Ministry of Education and Science of May 11, 2016 No. 536 "On approval of the Features of the working hours and rest hours of teaching staff and other employees of organizations engaged in educational activities." Clause 8.1 separately indicates the working hours of the teacher-psychologist. The working hours of educational psychologists within a 36-hour working week are regulated by the internal labor regulations of the organization, taking into account:
performing individual and group consultative work with participants in the educational process within at least half of the weekly duration of their working hours;
preparation for individual and group consultative work with participants in the educational process, processing, analysis and generalization of the results of the consultative work, filling out the reporting documentation. The performance of this work by a teacher-psychologist can be carried out both directly in the organization and outside it.
Thus, a teacher-psychologist can set a working day from 8 o'clock in the morning.
8. Is the teacher obliged to replace other people's lessons?
In accordance with the Labor Code of the Russian Federation (Art. 71-76), as well as Order of the Ministry of Education No. 1601 (clause 1.5-1.8), no one has the right to compel a teacher and impose an additional teaching load on him. In exceptional cases stipulated in the order, a change in the teaching load is possible in the direction of decrease. Accordingly, the replacement of classes can be made only with the consent of the teachers.
In the life of every person there comes a moment when he thinks about what profession he has chosen. You think about whether it was a random choice in your life or it was preceded by various events of the past years.
I cannot say for sure that in childhood I dreamed of becoming only a teacher, since from time to time my dreams changed. Today I wanted to be a teacher, tomorrow - a lawyer, then again a teacher. So on the scales were two professions - on one teacher, on the other - a lawyer. And yet, the path of life brought me to school. The teacher's bowl turned out to be more weighty.
Many years ago I made my choice, I think it is right now. Communication with children brings me great satisfaction ...
In my opinion, a teacher is, first of all, a friend in relation to children, their assistant, advisor and ally, in the terminology of modern pedagogy - a "tutor". It is necessary to accept the child as he is, to understand and take into account his psychological and personal characteristics, to determine the optimal path of development for him, to create a situation of success. And this is not an easy task for a teacher, but quite doable with a personality-oriented approach. You need to learn only for success! It is important for me what exactly this child has learned today, what new step forward he has taken. No need to scold for not being successful, you need to remember that a person has no shortcomings, but only features. The main thing is for each of the students to become a bright individuality, to become a personality.
The modern approach to education requires that during the course of education the child receives not only knowledge, skills and abilities corresponding to the state standard, but also masters competencies, which include “the ability to live in a changing world”: life experience, values, meanings, traditions, world outlook. It is necessary to educate children with a modern consciousness that will allow them to live, fight and develop in the world around them. But the process of education does not give a tangibly visible concrete result immediately after its completion. The result, perhaps, is all subsequent behavior, activities, lifestyle of a person (of course, taking into account the impact of other factors, in particular family education, self-education, etc.).
The 21st century differs from other centuries in its information content and in a variety of ways of transmitting and receiving information. It is impossible to imagine a modern lesson without new TCOs. The computer has already become the leader among them. The computer entered every school, every class, every home, but no technique can replace a living interlocutor, inspire, interest in the material being studied. Any technical means of teaching, even the most modern and promising ones, is only a faithful assistant, auxiliary means. Nothing can replace the living, emotional teacher's word.
If a teacher wants to be in demand in a modern school, he should keep up with the times and not be afraid to change his point of view even after decades of work.
I think that everyone who chooses the profession of a teacher takes responsibility for those whom he will teach and educate, at the same time being responsible for himself, his professional training, his right to be a Teacher, Teacher, Educator.
I correlate my professional activity with the following postulates:
v- respect in the student the Human, the Personality (Treat others as you would like to be treated);
v- constantly look for opportunities for self-development and self-improvement;
v- pass on knowledge to the student so that he would like and could master them, was ready to use them in various situations and in his self-education.
Man has two worlds:
One who created us.
Another that we have from the century
We create to the best of our ability.
"Enhancing student activity in the classroom" is a problem that I am working on.
“Open up, this is your homeroom teacher!” Or is the homeroom teacher required to visit students in their area? There is a lot of controversy over whether or not a homeroom teacher should visit students' families to analyze their living conditions. Let's look at this problem from a legal perspective. For work we need: - "The Constitution of the Russian Federation" (adopted by popular vote 12.12.1993); - Order of the Ministry of Education and Science of the Russian Federation of 09/14/2009 N 334 "On the implementation of the Decree of the Government of the Russian Federation of May 18, 2009 N 423" (together with the "Procedure for selection by the guardianship and trusteeship body of educational organizations, medical organizations, organizations providing social services, or other organizations, including organizations for orphans and children left without parental care, for the implementation of certain powers of the guardianship and guardianship authority "," The procedure for examining the living conditions of minors and their families ") (Registered in the Ministry of Justice of the Russian Federation on 16.12.2009 N 15610) (hereinafter - Order of the Ministry of Education and Science of the Russian Federation of 09/14/2009 N 334); - Decree of the Government of the Russian Federation of 05/18/2009 N 423 (as amended on 09/10/2015) "On certain issues of the implementation of guardianship and trusteeship in relation to minors" (hereinafter - RF PP of 05/18/2009 N 423); - Order of the Ministry of Education and Science of the Russian Federation of 03.02.2006 N 21 "On approval of the Methodological Recommendations on the implementation of the functions of the class teacher by pedagogical workers of state educational institutions of the constituent entities of the Russian Federation and municipal educational institutions" (hereinafter - Order of the Ministry of Education and Science of the Russian Federation of 03.02.2006 N 21); - Letter of the Ministry of Education of the Russian Federation of June 21, 2001 N 480 / 30-16<О Методических рекомендациях по организации деятельности классного руководителя в общеобразовательных учреждениях> (hereinafter - Letter of the Ministry of Education of the Russian Federation of June 21, 2001 N 480 / 30-16); - Resolution of the Plenum of the Supreme Court of the Russian Federation of 10/31/1995 N 8 (as amended on 03/03/2015) "On some issues of the application by the courts of the Constitution of the Russian Federation in the administration of justice" (hereinafter - PP of the RF Armed Forces of 10/31/1995 N 8); - Appeal ruling of the Nizhny Novgorod Regional Court dated 01.08.2017 in case N 33-8973 / 2017; - Determination of the Moscow City Court dated July 31, 2017 N 4g-8583/2017; - "Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (hereinafter - RF IC). Since the educational program turned out to be voluminous, for convenience the answer will be at the beginning, and below there will be a legal justification.The duty to visit the living quarters of individual students can be assigned to the class teachers, subject to the following conditions: Existence of an agreement on the transfer of powers from the guardianship and guardianship authorities to a specific educational organization; The presence of an oral or written appeal (both must be accepted and registered in the prescribed manner by the educational organization) in relation to a SPECIFIC student; Such authority should be provided for in the job description of the homeroom teacher (or in another document regulating the activities of homeroom teachers); The visit is carried out in relation to a SPECIFIC student, based on the results of which an act of inspection of the living quarters is drawn up; Without an agreement on the transfer of powers to an educational organization, an act of inspection of a dwelling has no legal force, i.e. ILLEGAL. Thus, until you are shown an agreement that the powers of the guardianship and guardianship authorities have been transferred to the school, you are NOT OBLIGED to visit the child. Moreover, the next document that you must be shown is a written or oral appeal registered in the prescribed manner, aimed at checking a specific student. You cannot check everyone in a row. Let's try to figure it out in order. I found an interesting Letter of the Ministry of Education of the Russian Federation of June 21, 2001 N 480 / 30-16, which describes in detail where the institute of class leadership came from and what are the main tasks of the class teacher. I found a paragraph that can be drawn to the topic of the educational program: “... One of the most important social institutions of upbringing is the family. The work of the class teacher with parents is aimed at cooperation with the family in the interests of the child, the formation of common approaches to upbringing, the joint study of the child's personality, his psychophysiological characteristics, the development of essentially similar requirements, the organization of assistance in learning, physical and spiritual development of the student. The class teacher attracts parents to participate in the educational process in a general educational institution, which contributes to the creation of a favorable climate in the family, psychological and emotional comfort of the child at school and outside it. He coordinates the efforts for the education and self-education of the child, studying information about the inclinations of pupils, MATERIAL AND HOUSEHOLD CONDITIONS, the psychological climate in the family, the requirements of parents for education and upbringing at school and at home, their vision of the prospects for the development of the child. The class teacher also organizes work to improve the pedagogical and psychological culture of parents through parenting meetings, joint activities ... ". This letter contains a condition that the class teacher must analyze the child's living conditions. But it is not said how. After all, this can be a banal questioning of the child himself and / or his parents, or the class teacher must look out the window to the students? Let's go further. Let us consider what tasks the class teacher sets by the Order of the Ministry of Education and Science of the Russian Federation of 03.02.2006 N 21. This Order makes it the responsibility of the classroom management: “… ensuring the connection of the educational institution with the family. Establishing contacts with parents (other legal representatives) of students, helping them in educating students (personally, through a psychologist, social teacher, teacher of additional education) ... ”and that's it. The order DOES NOT make it a duty to visit the families of students, it says that the class teacher should act as a link between the educational organization and the parents. It is unlikely that in order to establish a connection, it is necessary to be in the apartment of the student's parents. The first document that refers to the examination by educational organizations of living quarters of minors is the Order of the Ministry of Education and Science of the Russian Federation of 09/14/2009 N 334. So, according to clause 2 of the Order, the survey is carried out in order to identify circumstances indicating the absence of parental care of a minor citizen, and then specific cases. According to clause 3 of the Order, the examination is carried out by the guardianship and trusteeship body or an EDUCATIONAL organization, a medical organization, an organization providing social services, or another organization, including an organization for orphans and children left without parental care (hereinafter referred to as the organization), which in accordance with the established procedure, the POWER of the guardianship and trusteeship body has been transferred to identify minor citizens who need to establish guardianship or trusteeship over them, including an examination of the living conditions of such minor citizens and their families. I draw your attention to the fact that the educational organization should be delegated the powers of the guardianship and trusteeship authorities in the prescribed manner. Without such a transfer, all acts of inspection of a dwelling by an educational organization will have no legal force. In accordance with clause 4 of the Order, the BASIS for the examination are oral and written APPEALS of legal entities and individuals received by the guardianship and guardianship authority or the organization at the place of actual location of the children, containing information about the children specified in clause 2 of the Order (it is indicated above). Thus, the educational organization (provided that the guardianship and guardianship authorities have transferred to it the appropriate powers) CANNOT, at its discretion, check the living conditions of all children, for this there must be APPEALS. And so, to check such appeals, you can organize a visit to the child at his place of residence. There is NO legal basis to check the living conditions of all students. No appeal - no verification. It turns out that in order to draw up a report on the examination of the living conditions of a minor, an educational organization must have delegated authority from the guardianship and guardianship authorities, which is transferred in the manner determined by the RF Resolution No. 423 of 05/18/2009. in the absence or inadequacy of the organizational, personnel, technical and other capabilities of the guardianship and guardianship authorities, organizations can exercise the following powers of the guardianship and guardianship authorities: a) identifying minor citizens who need to establish guardianship or guardianship over them, including examining the living conditions of such minor citizens and their families. It turns out that on the territory of a constituent entity of the Russian Federation, the guardianship and trusteeship authorities should have the above problems in order to transfer part of their powers to educational organizations. In accordance with clause 3 of the Decree of the Government of the Russian Federation, the powers provided for in clause 2 (indicated above) are exercised by organizations on a reimbursable or gratuitous basis in accordance with the AGREEMENT concluded with the guardianship and guardianship authority. If the above conditions are not met, then the employees of the educational organization have no legal basis to visit the child at his place of residence. And there is no need to cover it up with voluntariness, that the parents themselves let in, etc. Such visits do not take place within the framework of official powers, but as an ordinary citizen, i.e. you will waste your time, which the employer is not obliged to pay. The previous article covered the procedure for obtaining documents related to your work. So, when ordered to inspect the living quarters of students, demand in return that the administration provide a certified copy of the agreement on the transfer of powers from the guardianship and guardianship authorities. Indeed, without this agreement, you do not have the right to visit students. Moreover, according to clause 1 of Art. 122 of the RF IC, officials of organizations (preschool educational organizations, educational organizations, medical organizations and other organizations) and other citizens who have information about the children specified in paragraph 1 of Article 121 of the RF IC (children whose parents died, disabled, deprived / restricted in parental rights, etc.) are obliged to report this to the guardianship and guardianship authorities at the place of actual location of the children. That's all, this is the maximum that can be done. Further, the guardianship and trusteeship bodies begin to work. In accordance with Art. 25 of the Constitution of the Russian Federation, the home is inviolable. No one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision. Thus, in the absence of legal grounds (threats to life and health, etc.), it is possible not to let police officers into the dwelling, let alone teachers who visit dwellings in the role of ordinary citizens. Judicial practice: - PP of the RF Armed Forces of October 31, 1995 N 8: “... The courts should bear in mind the same circumstances when considering materials confirming the need to enter a dwelling against the will of persons living in it (Article 25 of the Constitution of the Russian Federation), if such the materials are submitted to the court by the bodies carrying out operational-search activities ... ". In this resolution there is a fairly large list of grounds, in the presence of which it is possible to enter a dwelling without the consent of the persons living in it, but there is no such reason as checking the living conditions of the student there .; - The appeal ruling of the Nizhny Novgorod Regional Court dated 01.08.2017 in case N 33-8973 / 2017: “... In accordance with Art. 25 of the Constitution of the Russian Federation, part 2 of Art. 3 ZhK RF, penetration into a dwelling without the consent of citizens living in it legally is allowed on the basis of a court decision ... ". - Determination of the Moscow City Court dated July 31, 2017 N 4g-8583/2017: “... According to Art. 25 of the Constitution of the Russian Federation, the home is inviolable. No one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision ... ”.