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VS explained how an employee to avoid dismissal for forced time off

It is impossible to dismiss an employee who has taken time off on urgent matters for absenteeism – such an explanation was made by the Supreme Court. The higher authority interceded for the woman whom the boss showed to the door only because she left for the funeral of a loved one.

It is important to consider all circumstances and past merits of the employee

A complaint from a resident of Tambov reached the Supreme Court. For many years, the woman worked in the local central market. Two years ago, an employee had a misfortune: a relative died in Moscow. Having learned about the tragedy, she asked the director for two days to go to the capital for the funeral. The boss ordered to write an application for unpaid leave and said that he would release the subordinate. The lady immediately told the whole team about the upcoming trip. In addition, she took the original of the application to the personnel department, and handed over a copy to the archives of the document specialist. Returning to work, the deputy director of the market learned the shocking news: she was fired for absenteeism. The chief backed down and said that he did not approve of any vacation at his own expense and did not release the employee from the workplace. The lady failed to challenge the dismissal in the courts. All instances concluded that the truth is on the employer’s side. He did not issue an order on granting leave, the employee did not familiarize herself with it against signature. This means that, as the judges decided, agreements with the boss do not work in words. However, the Supreme Court sided with the offended worker, returned the case for review and made an important clarification for those who are used to asking time off from work orally. As noted by the panel of supreme judges in their determination, the lower instances did not take into account the circumstances under which absenteeism was committed, if at all. It’s one thing if the employee just went out on a spree or decided to sleep until lunch. And it is quite different if he had to leave for a funeral or sit out at home because of poor health. At the same time, the Supreme Court recalled that according to the law, in the event of the death of close relatives, the employer, in principle, cannot refuse the employee a “funeral” leave. In all other cases, the courts should take into account all the employee’s past merits, the presence or absence of disciplinary offenses in his biography and his attitude to work in general. As pointed out by the Supreme Court, dismissal, even for absenteeism, should be chosen by the employer only as a last resort. It should be taken into account whether the employee has dependents: children, elderly parents or sick relatives.

Glue on teachers: the law on dismissal for “strife” caused a storm

On November 18, amendments were made to the State Duma, amending the Law “On Education”, which became the fruit of the hard work of the members of the Federation Council commission for the protection of Russian sovereignty from external interference, headed by Senator Andrei Klimov. The innovation provides for the possibility of dismissing teachers “in the case of using educational or educational activities to incite social, racial, national or religious hatred, as well as induce them to take actions contrary to the Constitution of the Russian Federation.”

I immediately have a question: what else can there be a dismissal? Incitement of social, racial, national or religious hatred is, for a minute, a criminal article, namely 282nd, according to which it is necessary not to dismiss, but to initiate a case and judge any person, and it does not matter whether he is a teacher, a shoemaker, a pastry maker or the owner of factories, newspapers, ships.

Why do the deputies demand special conditions for the teacher? Under what circumstances should he not be prosecuted, but only fired?

There is only one answer: in cases where there is no corpus delicti, when certain statements are not drawn to the article. And then you can evaluate them “by eye”, give them a definition based on their own interests, from a personal relationship to this particular person, use this opportunity to settle scores.

School principals, parents, students – let’s go! Truly endless possibilities open before you. Although, I have no doubt that if this law is adopted, the teachers will shut their mouths, you will not wait for any “educational activities” from them, they will rattle off what is laid down in the program – and goodbye. What kind of sincere conversations with your beloved teacher! There are practically none of them left anyway – the teachers are so shocked and intimidated.

I wonder why our legislators are trying so hard to recruit teachers? What is happening reminds me of the situation in bad schools, where difficult children from disadvantaged families rule. In such schools, hooligans poison excellent students, rob them of their breakfast, for the sake of entertainment they come up with new tests every time – they hide their briefcases, demanding to do a hundred squats to return, then they lock them up in the classroom, forcing them to humbly beg for release … But I won’t open the door, and you will sit here all night! “

Does it remind you of anything? Well, breakfast was taken away from our teachers from the very beginning – just compare their salaries with the salaries of those who come up with more and more new laws and procedures for them. And they are forced to squat all the time: just take a series of notorious dismissals for “committing an immoral offense” – most often justified, extremely doubtful, incomprehensible and unconvincing. But this formulation is very convenient for getting rid of unwanted and obstinate teachers. And now there will be another similar formulation …

In their explanatory note to the bill, Klimov and his comrades complain about the “uncontrolled implementation by anti-Russian forces in the school and student environment under the guise of educational activities of a wide range of propaganda activities, including those supported from abroad and aimed at discrediting the state policy pursued in the Russian Federation, revising history, undermining the constitutional order ”. Gentlemen, don’t you think that your activities in some cases discredit state policy much more than all anti-Russian forces put together? As they say, with other friends and enemies you don’t need …

The teachers are very sorry: they have been turned into practically wordless slaves. But I’m even more sorry for the children. Because wordless slaves cannot teach anything good.