CC BY
2TO THE QUESTION OF THE SAFEGUARDS REGIME IN THE PUBLIC SERVICE OF FOREIGN COUNTRIES AND DOMESTIC EDUCATION SYSTEM
Abstract
Relevance researched problem stems from the need to further improve the service and the educational legislation of the Russian Federation with regard to the legal regulation of the safeguards regime for public servants and educators. The purpose of the article is in the study of foreign and Russian legislation on guarantees of public servants and employees of the education system. A leading approach to the investigation of this problem is the analysis of official legislation of foreign States and the Russian Federation legislation on education. The results of this article allow you to further improve the service legislation of Russia in part of the safeguards regime for public servants and Russian legislation on education. Materials articles can be useful for government officials, educators, and scientists involved in performance and educational issues.
Keywords
public service, safeguards regime of the public servants and employees of the education system
AUTHORS
Ilya Surmanidze Andrey Kirillovyh
PhD, Associate Professor PhD, acting head of the Department
head of the Department of State of Public Law Disciplines
and Legal Disciplines Vyatka State University
Kirov branch of the Russian academy Kirov, Russia
of National Economy and Public Service kirillovykh2014@yandex.ru
at the Russian President
Kirov, Russia
ily6897@yandex.ru,
nau-otdel@krv. ranepa.ru
The mode of office guarantees is in a varying degree applied in the legislation of all developed states. However its designation thus as "guarantees" is used not always. The main destination of this mode, besides stimulation (both material, and non-material) public servants is "counterbalance" to the mode of office restrictions and a ban. From that "the mode of guarantees" and "the mode of office restrictions and a ban" in many respects are how balanced also efficiency of the stimulating and prohibitive measures depends. In too time excessive "growth" of the mode of office guarantees in addition increases budget expenses on the maintenance of government.
Let's address to the office legislation of France (regarding the mode of office guarantees), as to one of examples of the romano-German legal system. The Law of the French republic of July 13, 1983 No. 83-634 "About the rights and duties of officials" (La loi de la république Française du 13 juillet 1983, n 83-634 "Sur les droits et obligations des fonctionnaires"), the establishing general statute of public servants and the serving territorial collectives. Chapter 2 of the specified Law is devoted to office guarantees to which, in particular belong:
1) right for freedom of expression of views (Art. 6);
2) the right of association in labor unions (Art. 8);
3) right for participation in strikes (Art. 10);
4) the right for protection of public collective to which employees are subordinated (Art. 11).
It is necessary to pay attention that this head does not contain regulations on the material guarantees provided by the legislation serving, nevertheless, they are provided, however are not designated actually as "the mode of guarantees". The specified feature (absence of the direct instruction that this or that measure belongs to the mode of office guarantees) is characteristic not only for the legislation of France, but also, for example, and to the legislation on public service of the USA.
About material guarantees specifies Art. 20 (Chapter 3 of "Career") of the law stated above which treat:
1) an office salary (in addition to an office salary the employee who received the disability on service which resulted in constant disability has the right to a temporary grant which unites with an official salary (Art. 65 of the Law of France of January 11, 1984 No. 84-16 "About the public public service"));
2) grant to the dwelling;
3) family surcharge to an office salary;
4) family grant;
5) special systems of pension and social security.
The law carries to non-material guarantees (to Art. 21, Art. 22, Art. 23):
1) the right for holiday providing (in particular, the right for annual vacation, sick leave, a maternity leave, a child care leave, holiday for professional retraining, holiday on trade-union preparation, etc.); To Holiday providing public servants other legal acts, in particular the Law of the French republic of January 11, 1984 are devoted to No. 84-16 "About the public public service" (La loi de la république Française du 11 janvier 1984, n ° 84-16 "Sur l'état de la public service") (with posleduyushch. amendment and additional), the establishing statute of the public and territorial public servants. On holiday providing, in particular, treat guarantees:
a) the paid annual holiday (duration is defined by the decree of the State Council of the French republic) (p.1 Art. 34 of the Law "About the Public Public Service");
b) sick leave (up to one year inclusive within twelve months in a row; thus the full size of the monetary maintenance of the employee remains only within the first three months of holiday; within the next nine months a half of the monetary contents) (remains h. 2nd Art. 34 of the Law "About the Public Public Service"). Also it should be noted that the French legislation provided also more long terms of sick leave up to three years at a serious illness (for example, such diseases as tuberculosis, a cancer, poliomyelitis, etc.), thus the full size of the monetary maintenance of the employee within the first year, in the next two years is paid a half of the monetary contents (h. 3, h. 4th Art. 34 of the Law "About the Public Public Service");
b) a maternity leave (duration of this holiday is established by the legislation on social security of France);
c) holiday on a vocational education (h. 6th Art. 34 of the Law "About the Public Public Service");
d) holiday for trade-union study (lasting twelve working days in a year; h. 7th Art. 34 of the Law "About the Public Public Service");
e) holiday for employees, is younger than 25 years for participation in activity of public youth and sports associations (duration of six working days; h. 8th Art. 34 of the Law "About the Public Public Service").
Similar regulations on guarantees and types of holiday providing are established by the Law of France of January 26, 1984 No. 84-53 establishing statute provisions of local public service.
2) right for continuous preparation and retraining;
3) the right for providing the corresponding hygienic conditions and safety conditions when passing public service.
Let's address further to the office legislation of Switzerland, in particular to the Federal law of June 30, 1927. "About the status of public servants" (Bundesgesetz vom 30. Juni 1927 "Über den Status der öffentlichen Bediensteten").
Feature of the Swiss office legislation is rather considerable volume of social and material guarantees provided to public servants.
Treat the material guarantees provided by the Swiss legislation:
1) a guarantee on an initial official salary and its next increase (Art. 39, 40 of the Law "About the Status of Public Servants");
2) a guarantee payment of social benefits, in particular, treat that: a) a grant at the first marriage (Art. 43 of the Law "About the Status of Public Servants"); b) family grant (Art. 43 of the Law "About the Status of Public Servants"); c) birth grant (Art. 43a of the Law "About the Status of Public Servants"); d) grant to accommodation (Art. 37 of the Law "About the Status of Public Servants"; the specified grant depends on official capacity of the public servant, and also on a standard of living and the sizes of taxes);
3) guarantees of compensation of a certain type of expenses, including expenses on office trips, for irregular working hours, for work on Sundays and at night, for overtime work or extraordinary types of works, for substitution of the employee, higher on hierarchy, etc. (Art. 44 of the Law "About the Status of Public Servants");
4) guarantees on increase in the monetary contents and compensation of inflation (Art. 45 of the Law "About the Status of Public Servants");
5) guarantees on insurance on a case of an illness, accidents, disability, an old age and death (Art. 48 of the Law "About the Status of Public Servants");
Very interestingly legal regulation of a guarantee on granting the office dwelling to the Swiss public servants. According to Art. 17 of the Law "About the Status of Public Servants" the specified guarantee is designated as a duty, i.e. officials of public service are obliged to live in the office dwelling provided by body in which it carries out office activity. This sort of norm (about obligation of granting the office dwelling) very infrequently occur in the office legislation and law-enforcement practice of the foreign states. Therefore, the guarantee brought to the duty level even more increases social security of employees.
Also it is necessary to carry to material guarantees of the Swiss office legislation also the privileges provided to employees at journey on the transport belonging to the Swiss confederation or operated by it (Art. 19 of the Law "About the Status of Public Servants").
Besides, it is necessary to pay attention that the Swiss office legislation unlike considered above the French office legislation forbids public servants to declare and participate in strikes, and also to incite to participation in strikes of other public servants (Art. 23 of the Law "About the Status of Public Servants").
And rather deeply worked the office legislation of Austria is rather interesting (as, by the way, and the office legislation of Germany). Considering the mode of office guarantees, we will stop on the Law of Austria of June 27, 1979. "About legal bases of service of officials" (Bundesgesetz vom 27. Juni 1979 über das Dienstrecht der Beamten (Beamten-Dienstrechtsgesetz 1979 - BDG 1979).
Let's stop at the beginning on non-material guarantees of the Austrian public servants:
1) guarantees of otpusky providing (§§64-65 the Law of Austria "About legal bases of service of officials"; the amount of holiday of the Austrian officials regardless of a position makes 200 hours in calendar year, thus the legislation provides also possibility of increase in duration of holiday, in particular, till 240 o'clock depending on an experience of office activity);
2) guarantees of provision of pensions (it agrees §13 "Retirement" of the Law of Austria "About legal bases of service of officials" the age limit of finding of the person in public service of Austria makes 65 years, thus extension of finding of the person in public service no more than for one calendar year, before achievement of 70 years by the employee of age is allowed);
3) guarantees of granting daily non-working output time not less than 11 h. (§48o The law of Austria "About legal bases of service of officials"), thus non-working output time in a week has to make not less than 35 h. (with obligatory allocation of Sunday as universal day off) if the specified time does not manage to be used within the current working week, it has to be postponed for the next working week (§48d. The law of Austria "About legal bases of service of officials");
4) guarantees of medical care, with obligatory carrying out medical examination of public servants each three years (item 3 (§48е, §52 the Law of Austria "About legal bases of service of officials"), especially those employees who are involved in work at night;
5) guarantees of granting office housing if that is demanded by a condition of office activity (§55 the Law of Austria "About legal bases of service of officials"); it is necessary to notice that by the general rule the office legislation of Austria does not provide to public servants of free office housing, except for the above circumstance, thus also in the presence of office circumstances the public servant cannot change a residence;
Separate regulations on the mode of office guarantees also the legislation of Japan, in particular, contains the Law of October 21, 1947 No. 120 "About the state public
officials" (t^T^n 21 0CB, 1947 №120 H^^M).
It is necessary to pay attention that the office legislation of Japan still is one of the most closed. Separate eases in the modes of privacy and confidentiality of the office legislation, and also in departmental legal acts happened in Japan at the end of 1994, after adoption of law on an administrative procedure. Nevertheless, many legal acts regulating activity, in particular, of such type of office activity as police still remain closed, not to mention a regulation of activity of intelligence and special services of Japan.
The mode of office guarantees is set by chapter 6 "Official position, disciplinary punishments and guarantees" (in particular, the section 3 "Guarantees") the Law of October 21, 1947 No. 120 "About the state public officials". So, treat the guarantees provided to public servants of Japan (Art. 94 of the Law "About the State Public Officials"):
1) guarantees of compensation of the damage suffered in connection with fulfillment of duties of public service (an illness, wounds, mutilations, death of the public servant; in the latter case (death of the employee) compensations are paid to members of the family of the employee, and also the persons who were in his dependence);
2) guarantees of compensation of financial losses of the employee when his office activity is impossible owing to an illness or the wound received on public service;
3) guarantees of payment of provision of pensions (chapter 8, Art. 107 of the Law "About the State Public Officials");
4) guarantees for consideration of office disputes on the affairs infringing interests of the public servant (in particular, reduction of a salary, demotion, temporary discharge from execution of functions, application of other disciplinary punishments, dismissal, etc.; Art. 86-92(2) of the Law "About the State Public Officials");
5) guarantees on obtaining the monetary contents (Art. 62-65 of the Law "About the State Public Officials").
The Law which is also stated above mentions, but in details does not regulate such elements of the mode of office guarantees as training and professional development of public servants, providing appropriate hygienic conditions of service, the rest mode, medical and social security of employees (Art. 73). The specified elements are mostly in
competence of the Prime minister of Japan, and also heads of government bodies to whom the duty to develop and realize the corresponding plans for these elements of the mode of guarantees is assigned.
In general it should be noted that the office legislation of Japan is very avaricious and is not systematized regulates the mode of office guarantees which many provisions remain closed and to contain in departmental legal acts (it was already noted closeness of the Japanese office legislation above).
Let's consider further the office legislation on guarantees of Anglo-Saxon legal system, in particular, the office legislation of the USA. The office legislation of the USA is presented, in particular, in the Code of laws of the United States of America ("United States Code"), the Title 5 "Government bodies and employees" (Title 5 "Government organization and employees").
Treat office guarantees of the USA (it should be noted that complexity of the office legislation of the USA is rather weak, including in questions of office guarantees):
1) a guarantee of providing employees with effective education and training (however, with the reservation on need of receiving by the public servant of that education and training in the office or corporate purposes) (sec. of 2301 Art. 7 of the Code of laws of the United States of America);
2) guarantees of protection of employees, including from an office arbitrariness, personal protectionism, coercion of participation in activity of political parties or political activity, from prosecutions for lawful disclosure of information testifying to violation of the legislation of the USA on mistakes and violations in public administration, about waste and inefficient use of means of the state budget or budgets of states, about existence of essential and valid threat of the state or public security, etc. (sec. of 2301 Art. 8 of item A, 9 of item A, B of the Code of laws of the United States of America);
3) guarantees of receiving the minimum wage at primary appointment to the post of the corresponding rank (sec. 5333), and also on periodic increase in the size (level) in the monetary contents (sec. 5335 Codes of laws of the United States of America) and on additional increase in the size (level) in the monetary contents (sec. 5336 Codes of laws of the United States of America).
Concerning social guarantees, those are almost not presented in the office legislation of the USA since a basic basis of public service of the USA are the same market relations and "system of merits". Respectively, provision of housing, a medical support and service is a problem of the employee and a little than differs from that at other citizens of the USA who are not in public service (an exception the highest officials of public service who are provided with departmental office housing and the increased quality of medical services are).
Nevertheless, legislative provisions on guarantees of protection of public servants can be interesting and to the legislation of the Russian Federation on public service, including from an office arbitrariness and from lawful disclosure of office information on violations of the current legislation, threats to security, etc. It is obvious that now in the Russian Federation there are very considerable problems in the specified spheres, including with a freedom of speech of public servants.
Let's address further to consideration of the legislation on public service of the Asian states, in particular the People's Republic of China. A basis of the Chinese office legislation
is the Law People's Republic of China "About public servants" ^B^^AKttiPS^T ^
^ro), come into force on January 1, 2006.
Also we will pay attention that the office legislation of the People's Republic of China directly does not support heads (sections) which are directly called by guarantees, nevertheless, office guarantees are established in other heads (sections).
In chapter 12 "A salary, the benefits, insurance of" the Law People's Republic of China "On public servants" to contain regulations on enough office guarantees (though formulated rather briefly and capaciously), we will stop on some of them:
1) guarantees timely and in full payments of a salary (Art. 74), and also a guarantee of indexation of a salary according to a level of development of the state economy (Art. 75);
2) guarantees of the state insurance of public servants, including the state pension insurance (concerning pension insurance of Art. 89 (chapter 14 "Retirement") of the Law People's Republic of China "About public servants" specifies that the public servant after retirement receives the pension cash security established by the state (which size is not concretized by the law) and uses other benefits, also the state provides to the former public servant to the pensioner necessary service and the help in his life and maintenance of health) medical insurance on a case or operational injuries, insurance on a case of loss of work (Art. 77);
3) guarantees on training, preparation and retraining of public servants according to a rank and on classification (Art. 60, chapter 10 "Training and preparation"); it is also necessary to note that training and training of public servants of the People's Republic of China is carried out in specialized state educational institutions;
4) guarantees on receiving the corresponding benefits (Art. 76) by public servants; however provisions of the specified article of the Law People's Republic of China "About public servants" do not concretize the list of the benefits and their types;
5) guarantees of the appeal of the personnel decisions affecting the public servant (Art. 90, chapter 15 "Complaints and charges"); according to the specified article the public servant can appeal against the personnel decision within 30 days from the date of its receiving in that body which passed the initial decision; also public servant within 15 days in the right to appeal and the repeated personnel decision in government body on public servants (thus the Law (Art. 94) especially defines that the public servant for presentation of complaints cannot be accused of distortion of the facts, slander, threat to other persons).
It should be noted that the office legislation of the People's Republic of China does not establish guarantees of increase of public servants in a position, official increase mostly depends on the educational level, quality and productivity of office activity (possessing so considerable human resources, the People's Republic of China really is able to afford over rigid selection of shots on public service, especially on senior positions, and also at a position of military service).
Let's consider further the office legislation of the states of the CIS in the part concerning guarantees.
In particular, the Law of the Republic of Kazakhstan of July 23, 1999 No. 453 "About public service".
Provisions of the mode of office guarantees to contain in chapter 5 "Providing public servants" of the Law stated above, in particular:
1) guarantees of compensation which has to provide sufficient material conditions for unconditional and exhaustive execution of official duties, and also its indexation (p.1 to Art. 21, h. 4th Art. 21 of the Law "About Public Service");
2) guarantees of holiday providing (the public servant of Kazakhstan according to p.1 Art. 22 and h. The 3rd Art. 22 of the Law "About Public Service" is granted the paid annual vacation lasting thirty calendar days with payment of a grant for improvement at a rate of two official salaries, and also holiday without preservation of a salary);
3) guarantees of social protection (Art. 24 of the Law "About Public Service") which treat: a) provision of housing (granting which procedure by the Law is not concretized); b) free granting the land plots for individual housing construction by the public servant needing improvement of living conditions; c) medical care in the relevant State Healthcare
Institutions; d) payment of the severance pay at a rate of four average monthly salaries in case of abolition (elimination) of government body or reduction of regular number;
4) guarantees of provision of pensions (regulations on provision of pensions the Law "About Public Service" are not concretized);
5) guarantees of the rights of public servants when attracting them to a disciplinary responsibility (Art. 29 of the Law "About Public Service") which treat: a) the right of acquaintance with all materials connected with involvement of the public servant to a disciplinary responsibility; b) the right personally to participate in procedure of office investigation; c) the right for the appeal of the actions and decisions made on the public servant.
It should be noted that besides the Law "About Public Service" in Kazakhstan also other regulations regulating separate aspects of passing of public service (and including the mode of office guarantees), in particular, the Provision on an order of passing of public service (utv are adopted. The decree of the President of the Republic of Kazakhstan of March 10, 2000 No. 357), Rules of carrying out an annual assessment of activity and certification of administrative public servants (utv. The decree of the President of the Republic of Kazakhstan of January 21, 2000 No. 327), Rules of imposing of disciplinary punishments on administrative public servants of the Republic of Kazakhstan (utv. The decree of the President of the Republic of Kazakhstan of December 31, 1999 No. 321), etc.
Regarding regulation of the mode of guarantees the office legislation of Republic of Belarus is submitted also rather interesting. The Law of Republic of Belarus of June 14, 2003 No. 204-3 "About public service in Republic of Belarus".
To guarantees, provisions of separate articles of chapter 7 ("Material and social security of public servants") of the above Law are devoted:
1) guarantees of material and social security (Art. 46 of the Law "About Public Service in Republic of Belarus") which treat:
a) the working conditions providing appropriate execution of official duties;
b) salary (Art. 48 of the Law "About Public Service in Republic of Belarus"; the salary of public servants of Belarus consists of an official salary, extra charges for a class, longservice bonuses, awards and other payments);
c) labor holiday (Art. 50 of the Law "About Public Service in Republic of Belarus"; the main labor holiday in public service of Belarus makes 28 calendar days; additional holidays vary depending on an experience of office activity: after five years of an experience - two calendar days, after ten years of an experience - four calendar days);
d) payment of day off and other lump sums (Art. 51 of the Law "About Public Service in Republic of Belarus"; the severance pay is paid to public servants at: early cancellation of the contract in connection with non-performance or inadequate performance of its conditions on fault of the employer - at a rate of three average monthly salaries; retirement - at a rate of three average monthly salaries);
e) medical care;
2) guarantees of provision of pensions, including for long service (Art. 53, Art. 54 of the Law "About Public Service in Republic of Belarus").
It is necessary to notice that the office legislation of Belarus provides only legal opportunity (but not a guarantee) granting the state housing stock to public servants of office premises.
Use in the office legislation of the Russian Federation of provisions, in particular, of the French office legislation would be very interesting (The law of France of January 11, 1984 No. 84-16 "About the public public service") about: 1) to family surcharge to an office salary; 2) family grant; the Swiss office legislation (The law of Switzerland "About the status of public servants") about: 1) to payment on grants at the first marriage; 2) family grant; 3) guarantees on inflation compensation.
Regarding guarantees of protection of public servants the provisions of the legislation of the USA which are accurately establishing the list of illegal acts concerning the public servant from the corresponding officials of government, in particular, to a protection guarantee from are rather well worked: 1) an office arbitrariness, 2) personal protectionism, 3) coercions of participation in activity of political parties or political activity, 4) from prosecutions for lawful disclosure of information testifying to violation of the legislation of the USA on mistakes and violations in public administration, about waste and inefficient use of means of the state budget or budgets of states, about existence of essential and valid threat of the state or public security, etc. (sec. of 2301 Art. 8 of item A, 9 of item A, B of the Code of laws of the United States of America). The list stated above is submitted very useful, certainly, with the corresponding adaptation to realities of the Russian office legislation and practice.
Besides, from the Russian office legislation it is necessary to withdraw the guarantee transport service of civil servants representing very essential item of expenditure, both the federal budget, and budgets of subjects of the Russian Federation.
Thus, once again we will note that the basic list of the mode of guarantees in public service of the Russian Federation in general are identical to that in the public (public) service of the states of Anglo-Saxon and romano-German legal systems.
Unlike the mode of the office guarantees applied in public service to public servants in education the category of "guarantees" contacts generally social guarantees for pedagogical workers. Social guarantees are the measures of support of a certain category of persons directed on maintenance of worthy level of their life, realization of the rights and freedoms.
Part 5 of Art. 47 of the Federal law of 29.12.2012 "About education in the Russian Federation" establishes to No. 273-FZ the following social guarantees for pedagogical workers:
1) the right for the annual main extended paid vacation which duration is defined by the Government of the Russian Federation.
Pedagogical workers are granted the annual main extended paid vacation. Its duration is established by the Resolution of the Government of the Russian Federation mentioned above of 08.08.2013 No. 678 which approved the Nomenclature of positions of pedagogical employees of the organizations which are carrying out educational activity, positions of heads of educational institutions.
In turn, the resolution of the Government of the Russian Federation of 14.05.2015 No. 466 "About the annual main extended paid vacations" defined categories of positions and duration of the annual paid vacation.
It is necessary to pay attention to features of providing holiday to the pedagogical worker working part-time.
If on a part-time job duration of the annual paid vacation of the worker is less, than holiday duration on a primary place of employment, the employer at the request of the worker grants it leave without preservation of a salary of the corresponding duration (Art. 286 of the Labor Code of the Russian Federation).
The order of realization of the right for the paid holiday at dismissal of the teacher is defined by the general rules provided by Art. 127 of the Labor Code of the Russian Federation. At dismissal monetary compensation for all unused holidays is paid to the worker. According to the written statement of the worker unused leaves can be granted to it with the subsequent dismissal (except for dismissal cases for guilty actions). Thus day of dismissal it is considered the last day of holiday. At dismissal in connection with the expiration of the employment contract holiday with the subsequent dismissal can be provided and when holiday time in whole or in part exceeds the limit of the term of this contract. In this case day of dismissal it is also considered the last day of holiday.
Except the main extended holidays teachers have the right for additional holidays. So, according to Art. 116 of the Labor Code of the Russian Federation they are provided to the teachers working in the region of the Far North and districts equated to them. Duration of additional holiday which is attached to the basic, according to Art. 321 of the Labor Code of the Russian Federation makes:
24 calendar days - for the teachers working at Far North;
16 calendar days - for teachers who work in the districts equated to the region of the Far North.
Leave is granted in summer vacation time. In exceptional cases holiday can be in whole or in part postponed for winter vacation time. Providing holiday during the extra vacation period possibly, for example, at acquisition by the worker of the permit from fund of social insurance to sanatorium treatment.
In spite of the fact that pedagogical employees of educational institutions have generally a rest in the summer, the head of educational institution has to approve the vacation schedule in two weeks prior to the beginning of calendar year - such requirement is fixed in the specified Art. 123 of the Labor Code of the Russian Federation. It is necessary to acquaint pedagogical workers under a list with the approved vacation schedules. If the teacher of any reasons cannot use holiday in the days determined by the schedule, he needs to appeal to administration of establishment to postpone holiday to other time.
2) the right for long holiday for up to one year at least every ten years continuous pedagogical work in the order established by the federal executive authority which is carrying out functions on development of a state policy and standard legal regulation in education.
The Provision on an order and conditions of providing long holiday to pedagogical workers (utv is developed for the educational organizations. The order of the Ministry of Education of Russia of 07.12.2000 No. 3570).
The pedagogical workers having an experience of continuous teaching work not less than 10 years have rights for long holiday. The right for such holiday can arise only after each next decade. Leave can be granted to the employee of educational institution at any time under a condition if it negatively is not reflected in the general activity of educational institution.
The order of providing long holiday to pedagogical employees of other educational institutions is defined by the decision of the founder of this institution and its charter.
However such questions as sequence and time of providing long holiday, duration, accession to annual vacation, possibility of payment of long holiday due to extrabudgetary funds, and other questions which are not provided in this Situation are defined by the charter of educational institution.
As well as during stay in the main annual vacation, during stay on long holiday for the pedagogical worker the work place, and also pedagogical loading if the number of hours by curricula and programs only during this time did not decrease remains or the number of educational groups did not decrease.
Are not allowed transfer of the pedagogical worker to other work and dismissal at the initiative of the employer during his stay on long holiday, except cases of a complete elimination of educational institution.
If during long holiday the worker has a temporary disability, in this case holiday lasts on number of the days of disability certified by the sick-list or is transferred in coordination with the employer to other term. However long holiday is not subject to extension and is not transferred if the pedagogical worker during holiday looked after the sick family member.
In the experience of continuous teaching work granting the right for long holiday operating time in the educational institutions having the state accreditation irrespective
of form of ownership is set off. Except actually worked time the experience joins also time, when the teacher:
actually did not work, but behind it the place of work (position) and a salary in whole or in part (including time of the paid compelled truancy remained at the wrong dismissal or transfer to other work and the subsequent restoration at work);
passed work practice at the paid teaching positions during training in educational institutions of an average and higher education, postgraduate study and doctoral studies;
actually did not work, but behind it the place of work (position) remained and he received benefit on the state social insurance, except for the time spent in partially paid child care leave before achievement of age of 1,5 years by it.
The experience is defined proceeding from employment records, and also on the basis of other properly processed documents. All questions of its calculation are considered by the employer in coordination with trade-union body.
3) the right for early purpose of an insurance old-age pension in the order established by the legislation of the Russian Federation.
Such pension quite often call pension "on a period of service" since the right for early purpose of labor pension of the retirement age which is earlier established by the legislation of the Russian Federation arises at the pedagogical workers having a certain pedagogical experience, namely according to the item of subitem 19 p.1 Art. 30 of the Federal law of 28.12.2013 No. 400-FZ "About insurance pensions" carrying out not less than 25 years pedagogical activity in establishments for children. Thus such pension is granted irrespective of age of the pedagogical worker. The main requirement - observance of requirements for an experience of pedagogical activity.
4) the right for granting to the pedagogical workers consisting on the account as the premises needing premises, out of turn under contracts of social hiring, the right for granting premises of specialized housing stock.
The legislator establishes the right of pedagogical workers for receiving housing under contracts of social hiring out of turn in case the pedagogical worker costs on the account as needing premises, or on receiving premises in specialized housing stock. The order of registration, granting premises under contracts of social hiring is established by the Housing code of the Russian Federation (see sections III and IV).
5) other labor law, measures of social support established by federal laws and acts of subjects of the Russian Federation.
The list of the labor law and social guarantees provided in h. The 5th Art. 47 of the Federal law "About formation of the Russian Federation", is open and can be added both at the federal level, and at the level of territorial subjects of the Russian Federation. Territorial subjects of the Russian Federation were granted the right independently to enter additional measures of social support to pedagogical workers.
REFERENCES
1. Law of the Republic of Belarus from June 14, 2003 No. 204^ "on State service in the Republic of Belarus" //http://www.pravo.by/main.aspx?guid=3871&p2=2/953 (national legal Internet portal of the Republic of Belarus).
2. Law of the Republic of Kazakhstan from July 23, 1999 No. 453 «on State Service» //http://www.gossluzhba.kz (Official Portal of legislation on State service of Kazakhstan).
3. The regulations on the procedure for public service (approved by the Decree of the President of Kazakhstan on March 10, 2000, no. 357) //http://adilet.zan.kz/rus/docs/U000000357 (informational-legal system of normative legal acts of the Republic of Kazakhstan).
4. Rules of the annual assessment and certification activities of administrative civil servants (approved by the Decree of the President of the Republic of Kazakhstan from January 21, 2000 No. 327) //http://adilet.zan.kz/rus/docs/U000000327 (informational-legal system of normative legal acts of the Republic of Kazakhstan).
5. Rules for disciplining of administrative civil servants of the Republic of Kazakhstan (approved by Decree of the President of the Republic of Kazakhstan dated December 31, 1999, no. 321)
//http://adilet.zan.kz/rus/docs/U990000321 (informational-legal system of normative legal acts of the Republic of Kazakhstan).
6. Law of the PRC from January 1, 2006 "on civil servants" adopted at the fifteenth meeting of the Standing Committee of the national people's Congress (NPC) of the tenth convocation April 27, 2005 and approved by Decree of the President of the Communist Party of CHINA April 27, 2005 No. 35//Jenmin Jibao. 11 May. 2005.
7. The statutes of the United States of America ("United States Code"), Title 5 "public authorities and servants" (Title 5 "Government organization and employees) //http://law.onecle.com/uscode/05/index.html.
8. Administrative order No. 12984 from December 28, 1995 amending certain remuneration and allowances //Federal Register (Federal Register). 237.61.
9. Administrative Order No. 12990, dated February 29, 1996 amending remuneration and allowances paramilitary public services //Federal Register (Federal Register). 8467.61.
10. law of Japan from October 21, 1947 No. 120 on State public officials "(^ä xingweiyue21ri Utt N
1947nian Utt , No. 120) //xiao ^,1995 P. 153-167 (Small collection of
laws (Seroppo), Tokyo, 1995. P. 153-167).
11. The law of Austria on June 27, 1979, "on the legal bases of service officials (Bundesgesetz vom 27. Juni 1979 über das Dienstrecht der Beamten (Beamten-Dienstrechtsgesetz 1979-1979 BDG)//StF: BGBl. Nr. 333/1979 (NR: GP XV RV 11 AB 32 s. 4. Br: s. 387.) http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10008470
12. Federal law of Switzerland on June 30, 1927 "about the status of civil servants (Bundesgesetz vom 30. Juni 1927 "Über den Status der öffentlichen Bediensteten») (with measure following reports start optional)//RS 172.221.10.
13. The law of the French Republic from July 13, 1983 No. 83-634 on the rights and duties of officials "(La loi de la république Française du 13 juillet 1983, n° 83-634" Sur les droits et obligations des fonctionnaires ') //Journal officiel de la Republique Francaise. 1983.14 juillet. P. 2174.
14. The law of the French Republic from January 11, 1984 no. 84-16 of the public service "(La loi de la république Française du 11 janvier 1984, n° 84-16" Sur l ' état de la public service ")//Journal officiel de la Republique Francaise. 1984.12 janvier. P. 271; Journal officiel de la Republique Francaise. 1984.17 janvier. P. 326.
15. Federal law dated 28.12.2013 № 400-FZ "on insurance pensions."
16. Resolution of the Government of the Russian Federation from 08.08.2013 No. 678 «About approval of posts of teaching staff of organizations carrying out educational activities, heads of educational organizations.
17. Order of 10.12.2002 r. No. 877 "on the specifics of working and rest time of certain categories of workers with the special nature of the work.
18. Order of the Ministry of education of the Russian Federation dated 07.12.2000 No. 3570 "on approval of the regulations on the procedure and conditions for the provision of pedagogical employees of educational institutions a long vacation for up to one year. Resolution of the Government of the Russian Federation from 14.05.2015 No 466 «on the annual basic extended paid leave».
19. Order of the Ministry of education and science of Russia from 22.12.2014, no. 1601 "on working time (hours standards pedagogical work for wages) pedagogical workers and on the procedure for identification of training load of pedagogical workers, elaborated in an employment contract.
20. The labour code of the Russian Federation dated out no. 197-FZ.
21. Order from 27/03/2006, no. 69 "on the specifics of working and rest time of pedagogical and other employees of educational institutions".
22. Housing Code of Russian Federation from 29.12.2004 no. 188-FZ.
23. Federal law dated 29.12.2012 № 273-FZ "on education in the Russian Federation".
