Paragraph 2 of Article 336 of the Labor Code of the Russian Federation. Separate grounds for the dismissal of teachers

New edition Art. 336 of the Labor Code of the Russian Federation

In addition to the grounds provided for by this Code and other federal laws, the grounds for termination employment contract with a teaching staff are:

1) repeated within one year gross violation of the charter of the organization carrying out educational activities;

2) application, including single use, upbringing methods associated with physical and (or) mental violence against the personality of the student, pupil;

3) reaching the age limit for filling the relevant position in accordance with Article 332 of this Code;

Commentary on Article 336 of the Labor Code of the Russian Federation

Termination of an employment contract with teaching staff can be carried out as general order provided for in Article 77 of the Labor Code, and on additional grounds. Article 336 of the Labor Code establishes additional grounds for terminating an employment contract with a teacher at the initiative of the employer. An employment contract can be terminated for a repeated gross violation of the charter within a year educational institution, or for a single application of methods of education associated with physical and (or) mental violence against the personality of the student, pupil. But here it must be remembered that the dismissal of an employee is possible only taking into account the results of a disciplinary investigation, based on a complaint. Article 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" provides for the grounds for conducting an investigation, as well as the obligation to familiarize the employee with the complaint filed against him. A disciplinary investigation of violations by a teacher of the norms of professional conduct and (or) the charter of a given educational institution can be carried out only on the basis of a complaint filed against him, filed in writing. The employee is given, in the prescribed manner, a copy of the complaint. The course of the disciplinary investigation and the decisions taken as a result of it may be made public only with the consent of the employee. The exception is cases leading to a prohibition to engage in pedagogical activities, or, if necessary, to protect the interests of students and pupils.

The rector, vice-rector, dean of the faculty, head of the branch (institute), federal state educational institution of higher professional education, who did not receive consent to extend his term of office and did not agree to be transferred to another position corresponding to his qualifications, upon reaching the age of 65, is subject to dismissal.

The specifics of the termination of an employment contract under Article 336 of the Labor Code is that it does not require the mandatory participation of an elected trade union body.

Article 336 of the Labor Code indicates that the grounds for terminating an employment contract with teachers may also be determined by other federal laws. In this case we are talking on the requirements provided for by the Laws on Education and Higher vocational education, subject to prohibitions on the right to exercise pedagogical activity determined by Article 331 of the Labor Code.

An employment contract with employees of educational institutions may be terminated due to insufficient qualifications, confirmed by the results of attestation, for the positions of which the tariff and qualification characteristics provide for the existence of qualification categories. The procedure for terminating an employment contract due to insufficient qualifications of an employee is determined by the academic council of the university on the basis of paragraph 14 of the Regulations on the procedure for filling the positions of scientific and pedagogical workers of universities, approved by Order of the Ministry of Education of the Russian Federation of November 26, 2002 N 4114. For the positions of pedagogical workers of higher educational institutions the presence of qualification categories is not provided for by the tariff-qualification characteristics.

An employment contract for filling the position of a scientific and pedagogical worker in a higher educational institution may be concluded for an indefinite period, as well as for a period determined by the parties to the employment contract.

The conclusion of an employment contract for filling the position of a scientific and pedagogical worker in a higher educational institution, as well as the transfer to the position of a scientific and pedagogical worker, is preceded by election by competition for filling the corresponding position.

A competition for filling the position of a scientific and pedagogical worker occupied by an employee with whom an employment contract has been concluded for an indefinite period is held once every five years.

It is permissible to conclude an employment contract for filling the position of a scientific and pedagogical worker in a higher educational institution without holding a competition for filling the corresponding position when hiring part-time or in higher educational institutions being created before the start of the work of the academic council - for a period of not more than one year, and for replacement temporarily absent employee, for whom, in accordance with the law, the place of work is retained - until this employee returns to work, in order to maintain the continuity of the educational process.

In addition, there may not be a competition for replacement:

Positions of the dean of the faculty and the head of the department;

Positions of scientific and pedagogical workers occupied by pregnant women;

Positions of scientific and pedagogical workers occupied under an employment contract concluded for an indefinite period by women with children under the age of three.

With an employee holding the position of a scientific and pedagogical worker under an employment contract concluded for an indefinite period, based on the results of the competition provided for in part three of this article, who has not been elected to the position or has not expressed a desire to participate in the specified competition, the employment contract is terminated in accordance with paragraph 4 of the article 336 TK.

A new employment contract may not be concluded if an employee is elected through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract. In this case, by agreement of the parties, the fixed-term employment contract with the employee is extended for a period of not more than five years or for an indefinite period.

When transferred to the position of a scientific and pedagogical worker as a result of election by competition to the corresponding position, the term of the employment contract with the employee may be changed by agreement of the parties, concluded in writing, for a period of not more than five years or for an indefinite period.

Before the expiration of the term for election by competition, provided for in part 3 of article 332 of the Labor Code, or during the term of a fixed-term employment contract, in order to confirm the employee's compliance with the position of a scientific and pedagogical worker, certification may be carried out. The regulation on the procedure for attestation of employees holding positions of scientific and pedagogical workers is approved in the manner established by the Government of the Russian Federation.

In accordance with article 332 of the Labor Code, the positions of the dean of the faculty and the head of the department are elective. The procedure for holding elections for these positions is established by the statutes of higher educational institutions.

The positions of rector, vice-rectors, heads of branches (institutes) in state and municipal higher educational institutions are filled by persons under the age of sixty-five years, regardless of the time of conclusion of employment contracts. The persons holding the above positions, upon reaching the age of sixty-five years, are transferred, with written consent, to other positions corresponding to their qualifications.

Taking into account the proposal of the academic council of a state or municipal higher educational institution, the founder has the right to extend the term of the rector in his position until he reaches the age of seventy years.

A fixed-term employment contract is concluded with vice-rectors of a higher educational institution. The expiration date of a fixed-term employment contract concluded with the vice-rector coincides with the expiration date of the rector's powers.

The term of office of a vice-rector, head of a branch (institute) until they reach the age of seventy years may be extended by the rector, on the proposal of the academic council of a state or municipal higher educational institution.

Another commentary on Art. 336 of the Labor Code of the Russian Federation

1. An employment contract with teaching staff is terminated as in the general manner provided for in Art. 77 of the Labor Code, and on additional grounds. Article 336 establishes additional grounds for terminating an employment contract with a teacher at the initiative of the employer.

2. Repeated gross violation of the charter of an educational institution during the year and the use, including a single one, of methods of education related to physical and (or) mental violence against the personality of a student, pupil, as grounds for dismissal are associated with the need for a disciplinary investigation. Article 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" provides the basis for the investigation and the obligation to familiarize the employee with the complaint filed against him. A disciplinary investigation of violations by a teacher of the norms of professional conduct and (or) the charter of a given educational institution can be carried out only on the basis of a complaint filed against him, filed in writing. A copy of the complaint must be given to this teacher. The course of the disciplinary investigation and the decisions taken as a result of it may be made public only with the consent of the employee, except for cases leading to a ban on teaching activities, or if it is necessary to protect the interests of students and pupils.

3. A rector, vice-rector, head of a branch (institute), of a federal state educational institution of higher professional education, who, upon reaching the age of 65, has not received consent to extend his term of office and has not given consent to transfer to another position corresponding to his qualifications, is subject to dismissal.

4. Article 56 of the Law of the Russian Federation "On Education" contained one more additional ground for the dismissal of a pedagogical worker - the appearance at work in a state of alcoholic, narcotic or toxic intoxication. In Art. 336 of the Labor Code of the Russian Federation, this additional ground is absent, since subp. "b" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation provides that this basis applies to all employees, and not just to the teaching staff.

5. Non-election by competition for the position of a scientific and pedagogical worker or the expiration of the term for election by competition as an additional reason for terminating an employment contract is presented in the Labor Code of the Russian Federation for the first time, since the previously existing model of an employment contract with a scientific and pedagogical worker of a higher educational institution provided for an exclusively fixed-term employment contract for a period of up to 5 years. The current version assumes that an employment contract with a scientific and pedagogical worker can be concluded for an indefinite period with the passage of a competition at least once every 5 years. During the period of the competition, the employment contract is maintained and, if an employee is elected, it is prolonged, if the employee is not elected, it must be terminated, therefore the legislator provided this basis as an independent basis for terminating the employment contract with a scientific and pedagogical worker.

6. Termination of the employment contract under Art. 336 of the Labor Code of the Russian Federation does not require the mandatory participation of an elected trade union body (see Articles 82, 373 of the Labor Code of the Russian Federation and commentary thereto).

7. The commented article states that the grounds for terminating an employment contract with teachers may also be determined by other federal laws. We are talking about the requirements stipulated by the laws on education and higher professional education, taking into account the prohibitions on the right to carry out pedagogical activities (see Article 331 of the Labor Code of the Russian Federation and commentary thereto).

So, one of the additional grounds for terminating employment contracts with the rector and vice-rectors, provided for by the Federal Law of August 22, 1996 N 125-FZ (as amended on April 20, 2007) "On Higher and Postgraduate Professional Education" (Article 12 ), is the deprivation of state accreditation of a state or municipal higher education institution as a whole. The rector of a higher educational institution and vice-rectors, who are responsible within their competence for the quality of graduates' training, are dismissed from their positions by the executive authority or the executive and administrative body of the city district in charge of such a higher educational institution. In this case, the election of the rector of a higher educational institution is not allowed, and he is accepted by the relevant education management body to work under an employment contract for a period of not more than 5 years.

An employment contract with employees of educational institutions, for whose positions the tariff and qualification characteristics provide for the presence of qualification categories, may be terminated due to insufficient qualifications, confirmed by the results of certification. The procedure for terminating an employment contract due to insufficient qualifications of an employee is determined by the academic council of the university (clause 14 of the Regulations on the procedure for filling positions of scientific and pedagogical workers of universities, approved by Order of the Ministry of Education of the Russian Federation dated November 26, 2002 N 4114).

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• Chapter 52.1 of the Labor Code of the Russian Federation. Features of labor regulation of scientific workers, heads of scientific organizations, their deputies ›

PART IV. SECTION XII . FEATURES OF LABOR REGULATION
INDIVIDUAL CATEGORIES OF EMPLOYEES
Chapter 52. FEATURES OF REGULATION OF LABOR
PEDAGOGICAL WORKERS

Article 336. Additional grounds for terminating an employment contract with a teacher

In addition to the grounds provided for by this Code and other federal laws, the grounds for termination of an employment contract with a teacher are:
1) repeated within one year gross violation of the charter of the educational institution;
2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;
3) reaching the age limit for filling the relevant position in accordance with Article 332 of this Code;
4) non-election by competition for the position of a scientific and pedagogical worker or expiration of the term for election by competition (part seven of Article 332 of this Code).

Comment.
In addition to the grounds provided for by the Code and other federal laws, the commented article establishes additional grounds for terminating an employment contract with a teacher.
1. One of the additional grounds for the dismissal of a teacher (clause 1 of article 336 of the Labor Code of the Russian Federation) is a repeated gross violation of the charter of an educational institution during the year. Charter of an educational institution certain type and type is developed on the basis of the relevant standard provision and approved by the founder. The charter of an educational institution itself may provide for a list of gross violations of the charter. Teachers are given the right to independently choose teaching methods
and upbringing. The use of teaching and upbringing methods that are dangerous to the life and health of students may be listed in the list as one of the gross violations of the charter of an educational institution. If such a list is absent, then a gross violation of the charter of the educational institution may be recognized as a failure to perform or improper performance by the teacher of the duties provided for by the charter, or a violation of the general provisions of this constituent document that prohibit the teacher from performing certain actions.
A gross violation of the charter is always a disciplinary offense and entails the application of a disciplinary sanction in the manner prescribed by Art. 192–193 of the Labor Code of the Russian Federation. The question of whether the violation of the charter of an educational institution is gross is decided by the head of this institution independently, depending on the specific circumstances of the case. The fact of a gross violation of the charter must be confirmed by relevant documents (acts, explanatory or memorandums, presentations and testimonies of witnesses).
In accordance with paragraph 2 of Art. 55 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”, a disciplinary investigation of violations by a teacher of an educational institution of the norms of professional conduct and (or) the charter of this educational institution can be carried out only on the basis of a complaint filed against him, filed in writing. A copy of the complaint must be given to this teacher. The course of the disciplinary investigation and the decisions taken as a result of it can be made public only with the consent of the concerned pedagogical worker of the educational institution, except for cases leading to a prohibition to engage in pedagogical activities, or, if necessary, to protect the interests of students and pupils.
2. A special reason for the dismissal of a teacher is his use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil (clause 2 of article 336 of the Labor Code of the Russian Federation). Physical or mental violence is the intentional infliction of physical or moral suffering on a student or pupil in order to punish him for committing a certain misconduct or forcibly coercing him to commit any action (see: Commentary on judicial practice. Issue 10. M. 2004. P. 106 ).
Physical violence is a forced physical impact on the body of a student or pupil, which can be expressed in striking, beatings, in committing other actions that cause physical pain, in causing bodily harm of varying severity, in the forced isolation of a student, pupil, etc. The fact of the use of physical violence can be established not only by outward signs(the presence of bruises, bruises, abrasions, etc. on the body of the student), but also according to the state of the psyche of the person who was subjected to physical violence.
Mental abuse is negative impact on the psyche of a student, pupil, causing him moral suffering, which can manifest itself in the form of insults, threats (including threats of physical violence), statements,
degrading human dignity, etc. Forms of mental violence are:
- threats (intimidation) against the student;
- deliberate isolation of the student;
- presenting to the student excessive requirements that do not correspond to age;
- insult and humiliation of dignity;
- systematic unreasonable criticism of the child, leading him out of peace of mind;
- a constant negative characteristic of the student;
- demonstrative negative attitude towards the student:
- demonstratively giving an assessment that the student did not deserve;
- an obvious underestimation;
- inciting the team against the child;
- creation in the class (study group) of conflicting groups;
- inclining the child to secretly inform the teacher about the events taking place in the class (group).
It is possible to confirm the fact of the use of physical and (or) mental violence with the help of a medical report, testimonies, etc.
3. Termination of an employment contract with persons who have reached the age limit for filling the corresponding position (clause 3 of article 336 of the Labor Code of the Russian Federation) is allowed if it is impossible to transfer the indicated scientific and pedagogical workers to other positions corresponding to their qualifications, or in the absence of their consent to such translation (see article 332 of the Labor Code of the Russian Federation and commentary to it).
4. The new version of the Code, as an independent basis for terminating an employment contract with a teacher, established non-election by competition for the position of a scientific and pedagogical worker or the expiration of the election period by competition (clause 4 of article 336 of the Labor Code of the Russian Federation) with reference to part 7 of art. 332 of the Labor Code of the Russian Federation. The legislator, thus, resolved the issue related to the specifics of the regulation of labor relations with scientific and pedagogical workers who enter into an employment contract for an indefinite period, when election by competition is not only a mandatory procedure preceding the conclusion of an employment contract, but also carried out once every five years.

In addition to the grounds provided for by this Code and other federal laws, the grounds for termination of an employment contract with a teacher are:

1) repeated within one year gross violation of the charter of the organization carrying out educational activities;

3) reaching the age limit for filling the relevant position in accordance with Article 332 of this Code;

4) has become invalid.

Commentary on Article 336 of the Labor Code of the Russian Federation

1. In accordance with paragraph 4 of Art. 56 of the Law "On Education", in addition to the grounds for termination of an employment contract at the initiative of the administration, provided for by the legislation of the Russian Federation on labor, additional grounds for dismissal at the initiative of the employer are established for a teacher of an educational institution. In accordance with the commented article, such grounds are:

1) repeated within 1 year gross violation of the charter of the educational institution;

2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;

3) reaching the age limit for filling the relevant position in accordance with Art. 332 TK;

4) non-election by competition for the position of a scientific and pedagogical worker or the expiration of the term for election by competition (part 7 of article 332 of the Labor Code).

2. To terminate the employment contract under paragraph 1 of the commented article, as well as under subpara. 1 p. 4 art. 56 of the Law "On Education" the following facts are required, the totality of which gives the right to dismissal:

1) a pedagogical worker must grossly violate the charter of an educational institution at least 2 times during the year. The term of 1 year is counted from the next day after the commission of the first gross violation of the charter;

2) for the first violation, a disciplinary sanction must be applied to the employee under Art. 192 TK. This fact is one of the proofs of the commission of the first violation;

3) the charter of the educational institution must contain a list of gross violations of the charter (gross violations are listed in clause 5, part 1, article 81 of the Labor Code). If there is no such list, then the violations listed in paragraph 6 of part 1 of Art. 81 TC;

4) the employee must be guilty of a gross violation of the charter;

5) the employee must belong to the category of teaching staff.

3. A teacher can be fired for violence: physical, mental. Violence is the physical or mental impact of a teacher on a student that violates the right of citizens to personal integrity guaranteed by the Constitution of the Russian Federation. In accordance with Art. 22 of the Constitution of the Russian Federation, every person has the right to freedom and personal inviolability. Violence is an immoral act.

Upon dismissal under paragraph 2 of the commented article, sub. 2 p. 4 art. 56 of the Law "On Education" the following facts are necessary, which give the right to dismiss a teacher:

1) a single application to the student, the pupil of the method of physical violence - the application physical strength, forced physical impact;

2) a single application of methods of education associated with mental violence against the personality of the student, pupil.

Physical violence is expressed in a direct impact on the student's body: beatings, bodily harm, torture different ways(including with the use of any objects or substances), forced isolation of a pupil, a student. As a result of physical violence, the student may be tormented, harmed to health. You can detect physical abuse by external signs or by the state of the child's psyche.

Mental violence is such an impact on the student that causes him heartache, in particular, can lower his moral (spiritual), social status. Mental violence consists in influencing the human psyche by intimidation, threats (in particular, threats of physical violence) in order to break the will to resist, to defend one's rights and interests. Mental violence can lead to a nervous or even mental illness, as well as to the formation of pathological character traits in a student, it can slow down the development of a personality and lead to the formation of negative (immoral) traits.

Forms of mental violence are: threats (intimidation) against the student; deliberate isolation of the student; presenting to the student excessive requirements that do not correspond to age; insult and humiliation of dignity; systematic unreasonable criticism of the child, leading him out of mental balance; constant negative characterization of the student; a demonstrative negative attitude towards the student (demonstratively giving a mark that the student did not deserve; an obvious underestimation; setting the team against the child; creating conflicting groups in the class (study group); inducing the child to secretly inform the teacher about the events taking place in the class (group); forcing a child to live by immoral standards. Often, physical or mental violence is resorted to by teachers who are either prone to violence or do not have pedagogical experience and because of this, they are not able to effectively manage the children's team.

4. To terminate the employment contract under paragraph 3 of the commented article, the following facts are required, the totality of which gives the right to dismissal:

1) the employee must hold the position of: rector, vice-rector, head of the branch (institute);

2) the employee must work in a state or municipal educational institution;

3) the educational institution must be a university;

4) the employee must be 65 years of age.

5. The legal facts for the termination of an employment contract under paragraph 4 of the commented article are the following:

1) the existence of an employment contract with the employee;

2) the employee has been accepted to one of the positions that belong to the category of scientific and pedagogical;

3) the employee was not elected by competition, or the employee did not express a desire to participate in the competition, and as a result, the term for election by competition expired, or the term for election by competition expired.

1. The commented article, as one of the additional grounds for the dismissal of pedagogical workers, provides for a repeated gross violation of the charter of an organization engaged in educational activities during the year.

The charter of an organization carrying out educational activities is developed on the basis of the relevant standard provision and approved by the founder.

2. The charter of an organization carrying out educational activities may directly provide for a list of gross violations of the charter.

For example, pedagogical workers are given the right to independently choose methods of teaching and upbringing. The use of teaching and upbringing methods that are dangerous to the life and health of students may be indicated in the list as one of the gross violations of the charter of an organization engaged in educational activities.

If such a list is absent, then a gross violation of the charter of an organization carrying out educational activities can be considered a guilty failure to perform or improper performance by a teacher of the duties provided for by the charter.

3. The question of whether the violation of the charter of an organization carrying out educational activities is gross is decided by the head of this educational organization. The employee has the right to go to court if he does not agree with the decision of the employer.

4. The fact of a gross violation of the charter of an organization carrying out educational activities must be confirmed by relevant documents (acts, explanatory, official or memorandums, presentations) and (or) testimonies of witnesses.

5. A disciplinary sanction may be applied to a teacher who has committed a gross violation of the charter of an educational organization engaged in educational activities in the manner prescribed by Art. Art. 192 and 193 of the Labor Code.

6. The dismissal of a teacher in connection with a repeated, within one year, gross violation of the charter of an organization engaged in educational activities, is referred to in accordance with Art. 192 of the Labor Code to disciplinary sanctions and requires compliance with the application procedure disciplinary action provided for in Art. 193 TK.

7. The calculation of a period equal to one year begins from the moment of committing a gross violation of the charter of an organization carrying out educational activities.

8. Application, incl. one-time, teaching methods associated with physical or mental violence against the personality of the student, pupil.

Physical or mental violence is the intentional infliction of physical or mental suffering on a student or pupil for the purpose of punishment or coercion to commit any action.

9. Physical violence is a forced physical impact on the body of a student, pupil, which can be expressed: in striking, beatings; committing other acts that cause physical pain; causing bodily harm of varying severity; forced isolation of a student, pupil, etc.

The fact of the use of physical violence can be established not only by external signs (the presence of bruises, bruises, abrasions, etc. on the student's body), but also by the state of the mental state of the person who was subjected to physical violence.

10. Mental violence is a negative impact on the psyche of a student, pupil, causing him moral suffering.

Mental violence manifests itself in the form of insults, threats (including threats of physical violence), statements degrading human dignity, etc.

11. It is possible to confirm the fact of the use of physical and (or) mental violence with the help of a medical report, testimonies, etc.

12. Part 3 of Art. 192 of the Labor Code does not indicate that the dismissal of a teacher in connection with the application, incl. single, teaching methods associated with physical or mental violence against the personality of the student, pupil, is a disciplinary sanction. In our opinion, this position of the legislator is not entirely correct. It should be noted that the dismissal for committing an immoral offense by an employee performing educational functions, incompatible with the continuation of this work, when the guilty actions were committed at the place of work and in connection with the performance job duties, referred to disciplinary sanctions, and the use of teaching methods associated with physical or mental violence against the personality of the student, pupil, should be considered as one of the varieties of such an immoral offense. Therefore, we believe that the dismissal of a teacher in connection with the application, incl. single, teaching methods associated with physical or mental violence against the personality of the student, pupil, is a disciplinary sanction and requires compliance with the procedure for applying a disciplinary sanction, provided for in Art. 193 TK.

13. Dismissal of the rector, vice-rector, head of a branch (institute) of a state or municipal educational organization higher education according to paragraph 3 of Art. 336 is allowed when it is impossible to transfer the indicated scientific and pedagogical workers to other positions corresponding to their qualifications, or there is no consent to such a transfer (see Art. 332 and comments to it).

14. An employment contract with a scientific and pedagogical worker with whom an employment contract has been concluded for an indefinite period is terminated under paragraph 4 of Art. 336 in connection with non-election by competition, if the specified employee did not pass the periodic competitive selection to fill the relevant position. According to Art. 332 of the Labor Code, a competition for filling the position of a scientific and pedagogical worker occupied by an employee with whom an employment contract has been concluded for an indefinite period is held once every five years.

The current version of Art. 336 of the Labor Code of the Russian Federation with comments and additions for 2018

In addition to the grounds provided for by this Code and other federal laws, the grounds for termination of an employment contract with a teacher are:
1) repeated within one year gross violation of the charter of the organization carrying out educational activities;
2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;
3) reaching the age limit for filling the relevant position in accordance with Article 332 of this Code;
4) the clause became invalid from January 1, 2015 - the federal law dated December 22, 2014 N 443-FZ.

Commentary on Article 336 of the Labor Code of the Russian Federation

1. Pedagogical workers are a category of workers, features legal status which are predetermined by the specifics of their activities. The presence of such features in no way detracts from the importance of general legislative requirements, but is aimed at taking into account these features in the process of implementation by such employees of their labor activity. Thus, an employment contract with any teacher may be terminated for any of the reasons provided for by the Labor Code of the Russian Federation. At the same time, the implementation of educational and upbringing functions within the framework of labor activity indicates the presentation of a number of additional requirements to such employees, which, in turn, contributes to the formation of additional grounds for terminating the employment contract with a teacher.

An analysis of the provisions of the commented article indicates that the additional grounds provided for by it are to a greater extent the main ones for educators, since they reflect specific circumstances, characteristic only for this category of workers, that prevent them from continuing this activity.

2. With regard to the activities of teaching staff, the law indicates the possibility of dismissal in the event of a repeated gross violation of the provisions of the charter of an organization engaged in educational activities, i.e. its founding document. In this regard, it seems necessary within the framework of the LNA of an educational organization to determine specific offenses that are recognized as gross violations for its employees and may, in case of relapse, lead to dismissal on this basis. This position is reflected in methodological recommendations on the development of the charter of an educational institution, which directly refer to the absence in the current legislation of the definition of "gross violation of the charter", in connection with which this question each educational institution must settle on its own. The statute must contain an exhaustive list of offenses considered as gross violations of its provisions. However, this provision is often not implemented in practice.

An analysis of most of the current charters of educational institutions indicates that in practice there is a combination of two independent grounds for terminating an employment contract: a general one (a single gross violation of labor duties) and a special one, provided exclusively for teaching staff (repeated gross violation of the charter). Thus, it is leveled right meaning the provisions of this article.

3. As a special reason for the dismissal of a pedagogical worker, a single application of educational methods associated with physical or mental violence against the personality of a student or pupil may also act. Physical violence is a direct impact on the human body, mental - on his psyche, will, desires or behavior.

Currently, in judicial practice there are many examples of the implementation of the commented norm, which often end with the reinstatement of the employee at work, since they require the definition of a methodology for proving the fact of the use of violence against the personality of a student (see, for example, the decision of the Karabudakhkent District Court on June 16, 2009 on the claim of O. to the Karabudakhkent secondary school of the Karabudakhkent district of the Republic of Dagestan on reinstatement, recovery of wages for the time of forced absenteeism and compensation for moral damage).

When a teacher is accused of using anti-pedagogical methods, a disciplinary investigation is carried out. Based on its results, the head of the educational institution or the relevant collegial body evaluates the methods used by the pedagogical worker and, on its basis, make a decision to dismiss the employee under Part 2 of Art. 336 of the Labor Code of the Russian Federation. To apply the considered grounds for termination of an employment contract, the administration of an educational organization must have the necessary amount of knowledge about the procedure for its implementation, including in terms of conducting a disciplinary investigation.

4. The replacement of certain categories of positions, as a rule, we are talking about the managerial (administrative) apparatus of an educational institution, is associated with the use of an age qualification (for more details on the age qualification, see the commentary to Article 332 of the Labor Code of the Russian Federation). Non-compliance with the established age limit is the basis for the termination of labor relations with such an employee, but in this case as special guarantee For such employees, the law provides for the possibility of their transfer to another position with their consent. In the absence of such an opportunity, labor relations are subject to termination. Taking into account the definition of the Constitutional Court of the Russian Federation of July 11, 2006 N 213-O, at present, this basis is being implemented, mainly, only in relation to the rectors of higher education organizations and heads of other educational organizations, for which the age limit is an imperative requirement. At the same time, the fact of reaching the age limit for tenure in a position is the basis for the termination of labor relations specifically for this position, but in no way detracts from the right of such a person to carry out pedagogical activities. In this regard, the basis under consideration acts both as a terminating legal fact (in relation to a managerial position) and as a law-changing one (in relation to the position of a teaching staff). Determination of the status of this legal fact equally depends on both the employer and the employee.