Hiring after university – what you should know about young specialists. Can an organization be fined for hiring an employee without a higher education if its necessity is provided for in the job description?

Thus, the employer can establish different job responsibilities for positions with the same name, taking into account the specifics of the departments in which this position is present. We believe that the employer can establish equal salaries for these positions, because according to Art. 132 of the Labor Code of the Russian Federation, the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and is not limited to the maximum amount. But one should also take into account Art. 22 of the Labor Code of the Russian Federation, which establishes the principle of equal pay for work of equal value. When employees perform comparable job duties, but in significantly different volumes, establishing an equal amount of remuneration for them, not due to the circumstances specified in Art. 132 of the Labor Code of the Russian Federation, can be regarded as discrimination.

Qualifications do not correspond to the position held

Labor Code of the Russian Federation and other federal laws, then the requirements of qualification reference books and professional standards are advisory in nature (see letter of the Ministry of Labor of Russia dated July 6, 2016 No. 14-2/OOG-6465). As for the specialty of a secretary-assistant, the Labor Code of the Russian Federation and other federal laws do not require an individual to have a higher education to occupy such a position.

However, if the employer included the requirement for higher education of the assistant secretary in the job description, he is obliged to follow the provisions of this instruction. At the same time, in our opinion, the employer cannot be held administratively liable for failure to comply with this provision of the job description.

This is due to the fact that such liability arises in accordance with clauses 1, 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for violation of labor legislation and other regulatory legal acts containing labor law norms. However, by virtue of Art.

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Serious crimes are intentional acts for which the maximum penalty does not exceed ten years in prison; especially serious - these are intentional acts, the commission of which is punishable by imprisonment for a term of over ten years or a more severe punishment (Parts 4, 5 of Article 15 of the Criminal Code of the Russian Federation). Conviction is expunged (Part 3 of Article 86 of the Criminal Code of the Russian Federation) in relation to persons convicted: to imprisonment for serious crimes - after six years after serving the sentence; for especially serious crimes - after eight years after serving the sentence. If the convicted person behaved impeccably after serving the sentence, at his request the court can remove his criminal record before the expiration date (Part 5 of Article 86 of the Criminal Code of the Russian Federation). d) recognized as legally incompetent in the manner prescribed by federal law; For information.

Is it legal to be hired without a diploma?

Attention

Chiardi Belarus #4 January 8, 2012, 12:48 Quite if his experience, skills and other qualities suit the employer. Ultimately, if the employee does not cope with the assigned work, there is clause 3 or clause 4 of Article 42 of the Labor Code RB (with the appropriate “evidence base”) I want to draw the moderator’s attention to this message because: A notification is being sent... #5 January 8, 2012, 12:55 Thank you for considering this issue on its merits. I want to draw the moderator's attention to this message because: A notification is being sent...

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Hiring without appropriate education

After all, in it the employer can determine the tasks, qualification requirements, functions, rights, duties, and responsibilities of the employee. This was also indicated in the letter of Rostrud dated 08/09/2007 N 3042-6-0. When developing job descriptions, it is necessary to take qualification reference books as a basis if the use of reference books is mandatory for the employer. As follows from paragraph 4 of the General Provisions of the Qualification Directory of Positions of Managers, Specialists and Other Employees, approved by Resolution of the Ministry of Labor of Russia dated 08.21.1998 N 37, the qualification requirements contained in the directory can be specified taking into account the specifics of the organization of production, labor and management, as well as rights and responsibilities of workers.

Currently, the following levels of higher professional education have been established in the Russian Federation: higher professional education, confirmed by awarding a person the qualification (degree) “bachelor”; higher professional education, confirmed by awarding a person a qualification (degree) or “specialist” or “master”. These levels of higher professional education are equivalent. The level of education and qualifications of employees of educational organizations are determined on the basis of state-issued educational documents: diplomas, certificates, etc. .In accordance with Part 1 of Art. 84 of the Labor Code of the Russian Federation, the conclusion of an employment contract in the absence of a document on education in the person applying for teaching work is a violation of the Labor Code of the Russian Federation when concluding an employment contract and can serve as a basis for its termination under clause 11, part 1, art.

Hiring a specialist without appropriate education

The enterprise has developed a practice of hiring persons whose education and work experience do not meet the requirements of job descriptions, about which the heads of departments in their memos on hiring do not inform the head of the enterprise when making a decision on hiring these persons. Also, recently, in order to hire people whose education and work experience do not meet the requirements of job descriptions, heads of interested structural units began to make changes to existing job descriptions, which prescribe education and (or) work experience for specific individuals.
The current job descriptions at the enterprise do not meet the requirements that must be met for certain positions.
For example, a chief specialist or leading engineer actually performs the duties of a clerk in accordance with the job description, although these positions are managerial and can only be held by persons with higher professional education and work experience in their specialty. Should an enterprise be guided by qualification reference books? For the same position in two different departments, can an employer assign different job responsibilities, but with the same salary? In accordance with part two of Art. 57 of the Labor Code of the Russian Federation, the employment contract with the employee indicates the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee).

If the translation is illegal, who will be held accountable in this situation? Thanks in advance. I want to draw the moderator's attention to this message because: A notification is being sent...

Important

Chiardi Belarus #2 January 8, 2012, 11:56 this is not an “explanation of the ECSD” but clause 16 of the General Provisions of the Unified Qualification Directory of Employee Positions 16. As an exception, for the positions of managers of all levels of management, specialists (without category) and other employees, the employer can appoint persons who do not have the education and (or) work experience provided for by the qualification requirements for the relevant position, unless otherwise established by law, taking into account the business and professional knowledge, skills and abilities of the employee, work experience in the relevant area of ​​activity, initiative and creative attitude to work and other factors.

When the condition on the required level of qualification (including education) of an individual to occupy a specific position is not in the Labor Code of the Russian Federation and other federal laws, then the requirements of qualification reference books and professional standards are advisory in nature (see letter of the Ministry of Labor of Russia dated July 6, 2016 No. 14- 2/OOG-6465). As for the specialty of a secretary-assistant, the Labor Code of the Russian Federation and other federal laws do not require an individual to have a higher education to occupy such a position.
However, if the employer included the requirement for higher education of the assistant secretary in the job description, he is obliged to follow the provisions of this instruction. At the same time, in our opinion, the employer cannot be held administratively liable for failure to comply with this provision of the job description. This is due to the fact that such liability arises in accordance with clauses 1, 2 of Art.
Code of Administrative Offenses of the Russian Federation for violation of labor legislation and other regulatory legal acts containing labor law norms. However, by virtue of Art. 5 of the Labor Code of the Russian Federation, a local normative act, which is a job description, does not apply to the above normative acts.
In addition, clause 8 of the Procedure for applying the unified qualification directory (approved by Resolution of the Ministry of Labor of Russia dated 02/09/2004 No. 9) states that persons who do not have special training or work experience provided for in the qualification directory, but who have sufficient practical experience and high quality and fully perform the official duties assigned to them, can be appointed to the appropriate positions in the same way as persons with special training and work experience.

08.07.2015 22:05

On January 1, 2015, amendments to the Code of Administrative Offenses of the Russian Federation came into force, tightening the employer’s liability for violation of labor laws. Namely, a new version of Article 5.27 of the Code of Administrative Offenses of the Russian Federation has come into force, clause 3 of which states that evasion or improper execution of an employment contract, as well as the conclusion of a civil law contract that actually regulates labor relations between the employee and the employer, entails imposition of an administrative fine. Thus, for officials the fine is set in the amount of 10,000 to 20,000 rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 5,000 to 10,000 rubles; for legal entities - from 50,000 to 100,000 rubles.

Please note: if the inspector requests from you, for example, 15 employment contracts and all of them are recognized as improperly executed, then a fine will have to be paid for each contract. That’s why it’s time to figure out whether there are any errors in your employment contracts.

Hiring procedure

1. Check that you have all the necessary documents.

Article 65 of the Labor Code lists all the necessary documents that, when concluding an employment contract, a person applying for a job presents to the employer:

Passport or other identification document;

Work record book (exceptions - cases when an employment contract is concluded for the first time or a person starts working on a part-time basis);

Insurance certificate of state pension insurance;

Military registration documents - for those liable for military service and persons subject to conscription for military service;

Document on education and (or) qualifications or availability of special knowledge - when applying for a job that requires special knowledge or special training;

A certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds (when carrying out certain types of activities).

There are cases when an employee’s passport is being reissued. Most likely, he has a certificate in his hands, which is issued in accordance with the administrative regulations of the Federal Migration Service. However, a person cannot be hired based on a certificate, since it is not an identity document. A temporary ID card will be required for employment.

If a person has lost his work book, but wants information about his work experience to be included in a new work book, he can contact the employer at his last place of work to obtain a duplicate.

Another option is explained in Article 65 of the Labor Code: “If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, at the written request of this person (indicating the reason for the absence of a work book), to issue a new one work book."

Disputes arise over military registration documents: is it possible to refuse employment if they are missing? Someone thinks that - yes, it should be refused, since military registration documents are in the list of documents listed in Article 65 of the Labor Code. But there are also those who believe that these documents are named only so that employers can keep military records at the place of work. At the same time, it is worth keeping in mind that if you refuse to hire a person in writing with reference to the lack of military registration documents, if the case goes to court, you will not be able to explain how their absence influenced the employee’s inability to perform his labor function.

In 2015, Article 5.27.1 appeared in the Administrative Code, which provides for administrative liability for the admission of an employee without preliminary medical examinations. The fine is up to 130,000 rubles. for each such admitted employee. Categories of workers for whom it is necessary to check the availability of mandatory preliminary medical examinations are indicated in Article 213 of the Labor Code. Order of the Ministry of Health and Social Development No. 302n approves the list of harmful and (or) dangerous production factors and the list of work for which mandatory preliminary and periodic medical examinations of workers are carried out.

2. Before signing an employment contract, familiarize the employee, against signature, with the internal labor regulations and local regulations directly related to his work activity, as well as the collective agreement (Article 68 of the Labor Code).

The list must appear under each regulatory act.

3. Pay attention to the terms of the employment contract. When drawing up an employment contract, check all the mandatory information and conditions that need to be included in it.

If some mandatory information from Article 57 of the Labor Code is missing in the employment contract, then an addition must be made. The missing information is entered directly into the text of the employment contract. As for the missing conditions, they are determined by an annex to the employment contract or a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

If your company employs drivers, couriers, forwarders, you must remember to indicate nature of work in the employment contract (mobile, traveling, on the road, other nature of work).

Important condition - working hours. According to Article 57 of the Labor Code, the working time and rest time regime is indicated if for a given employee it differs from the general rules in force for a given employer.

If a person works part-time for you and an employment contract has been concluded with him, then you are obliged to specify the working hours in the employment contract (Article 284 of the Labor Code).

Make sure that each employment contract states exactly place of work. According to Article 209 of the Labor Code, “a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.” There is no legal definition of the concept “place of work” in the Labor Code. However, Article 57 of the Labor Code states that the employer must indicate a separate structural unit. For correct registration, please indicate the name of the organization and locality.

pay attention to start date. If you enter into a fixed-term employment contract with an employee, make sure that:

You had the right to conclude it (Article 59 of the Labor Code). Even if you enter into a fixed-term employment contract in a case not provided for by law, the terms of its urgency will not have any legal force. And if, after the termination of the employment relationship due to the expiration of the employment contract, the employee goes to court, he will be reinstated at work. The court will be interested in evidence that the employer had the right to enter into a fixed-term employment contract, which you will not be able to provide in this case;

The validity period of the employment contract is specified - the date or period of the occurrence of the event (for example, “until the absence of the absent employee”);

The reasons for the circumstances for concluding a fixed-term employment contract are stated.

Required condition - salary. It is important that each employment contract indicates the size of the tariff rate or salary, and not just says “salary according to the staffing table.” If there are any additional payments or allowances, do not forget to list them in the employment contract.

Please also note working conditions at work. In accordance with Article 209 of the Labor Code, working conditions in the workplace are a combination of factors in the working environment and the labor process that affect the performance and health of the employee. From January 1, 2014, this condition became mandatory for inclusion in an employment contract. Some employers who have not carried out workplace certification and special assessments are scratching their heads - how to include this condition in the employment contract? Federal Law No. 426-FZ specifies four classes of working conditions: optimal, acceptable, harmful and dangerous. You can understand what working conditions you have at your workplace to be included in the employment contract only based on the results of certification (if its validity period has not yet expired) or a special labor assessment. You can look at the wording in the special assessment card (or job certification card) and rewrite the relevant factors in the employment contract. True, if you have written down the working conditions something like this: “working conditions are optimal based on the report on the special assessment dated such and such a date.”

4. Based on the concluded employment contract, issue an employment order.

In this case, you need to carefully check that the contents of the order comply with the terms of the employment contract (Article 68 of the Labor Code). The employee must be familiarized with the hiring order against signature within three days from the date of actual start of work.

5. Make an entry in your work book.

According to Article 66 of the Labor Code, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. Therefore, having accepted the employee’s work record book, enter it into the work record book and wait five days. On the 6-7th day, make a note about hiring in your work book by hand. You will need to indicate exactly the date of hiring; it appears in the employment order and employment contract.

If a person quits during these five days, then no entries are made in the work book.

6. Don’t forget about your personal T-2 card.

Firstly, it is important to have a personal card. Secondly, with each entry made in the work book about work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner with a signature in his personal card, which repeats the entry made in the work book (clause 12 of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”).

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The issue of hiring graduates after graduation worries many personnel. In many situations, such a decision is extremely questionable, while at the same time, many young specialists can, on the contrary, turn out to be very valuable personnel. However, the lack of work history requires a much more thorough and in-depth study of the potential employee.

Features of hiring graduates after university

The status of a young specialist and the specifics of hiring him are regulated primarily by the provisions of Article 70 of the Labor Code of the Russian Federation. In particular, this article assumes the impossibility of establishing a probationary period for employees who have just graduated from an educational institution within a year. The employer should take this into account when hiring such employees - dismissal due to unsatisfactory test results can be easily challenged by such employees in court.

It should be noted that previously the status of a young specialist provided other benefits and guarantees to employees during the USSR, but at the moment these guarantees in addition to the above are not provided.

In general, the main reason why employers have doubts about hiring graduates is their lack of practical experience. However, such a lack of experience in itself is not critical in most cases and for many specialties that need to fill a vacancy. The real reason most often becomes the inability or unwillingness of either the personnel department, or the employer or manager himself, to carefully select candidates, focusing on the extremely short work history of the potential applicant.

The lack of work history of a graduate, from the point of view of leading HR specialists, is a more positive factor than the presence of non-core work experience, which will be evidence of either late receipt of education or ignoring part of the education in favor of personal interests.

From a practical point of view, higher education in itself is also not uniquely useful. For many old-school HR specialists, it is simply considered a necessary requirement, while it provides very little actual skills necessary for work, especially in humanitarian fields.

Modern trends in personnel activities increasingly call for paying attention to the presence of work experience or personal qualities, rather than just documentary evidence of education. The exception is specialties or positions, the occupation of which without higher education is simply impossible according to legislative standards - in this case, there is a need to attract qualified workers who have all the necessary documents.

The procedure for hiring university graduates in most cases does not differ from hiring applicants who already have work experience. But promising enterprises and personnel trends demonstrate that in relation to such applicants it will be much more effective to develop a special personnel policy, the application of which will make it possible to find employees suitable for a particular business with high potential and performance.

Advantages and disadvantages of hiring applicants without experience

Hiring young professionals and job seekers without experience has both pros and cons for employers. At the same time, some enterprises primarily specialize in attracting just such applicants, while other employers prefer to avoid the completely possible employment of such employees, preferring to select personnel who have at least some specialized work experience to be able to evaluate them in the professional field.

The advantages of hiring employees with no experience who have just graduated from university include:

• Fewer requirements on the part of the applicant. In most cases, young specialists are willing to accept lower wages or less comfortable working conditions in order to gain experience and seniority. In general, according to statistics, even taking into account equal positions and job responsibilities, former students are ready to take vacancies with a salary 20-40% lower than that of similar specialists with work experience.
• High level of motivation. Young employees are the most motivated to achieve promising results. That is why companies with the possibility of effective personnel selection and prospects for vertical growth try to pay attention to cooperation with universities and the selection of future employees at the stage of their studies. A highly motivated employee, with the right skills, can bring much more benefits to the enterprise than a stable, simple performer.
• Loyalty and low conflict. Young specialists are often more loyal to the company as a whole than experienced workers, and are more willing to take on overtime and more difficult working conditions, which allows them to maximize the effectiveness of such an employee.
• Learning ability. The decline in cognitive skills and learning abilities as a function of age is a scientifically proven fact. By hiring a young specialist, in many cases an employer can actually develop a professional who can work with the specifics of a particular enterprise much faster in comparison with an experienced employee who has worked, even in this field, but in a different business with different features of the organization of work.

Of course, young workers also have a number of disadvantages. The disadvantages of hiring employees without experience and graduates of educational institutions also include a fairly large number of factors and characteristics of such applicants. For example, HR specialists and employers are often not satisfied with such candidates:

• Lack of work experience. The most obvious disadvantage of most employees without work experience is the lack of practical skills in conducting work activities. At the same time, the positive qualities of an employee can largely compensate for this deficiency or even completely eliminate it.
• Low importance of documentary evidence of education. At the moment, the presence of a diploma, even with honors, or another document on education does not always indicate the actual presence of knowledge and skills in the applicant - not in every case the documents correspond to reality, and the grades were obtained precisely for knowledge, and not for active work or through corruption .
• High expectations and difficulty integrating into a team. This drawback occurs precisely because of the high motivation of the employee. In a situation where a highly motivated worker finds himself in a team of people with a lower level of motivation and interest in the success of the business, he can become an enemy for all other workers, which will significantly affect the efficiency of the entire department and neutralize the advantages of the candidate.
• Instability. Young professionals are often more likely to change jobs than experienced employees if they are not satisfied with their working conditions. In addition, with initially low wages, the turnover rate among young specialists can be very high - they will come to the enterprise solely to gain proven work experience, without the goal of staying there further and developing the business.
• Difficulty in assessing a candidate. The longer an employee’s work experience and his “track record,” the easier it is for HR specialists and the security service to check a given applicant and assess how effectively he will integrate into an existing team. As for young professionals, employers often consider their employment opportunities to be a “pig in a poke.”

As can be understood from the list of advantages and disadvantages, most of the negative aspects can be neutralized to one degree or another with a properly developed business personnel policy, focused specifically on recruiting university graduates.

Methods for selecting and hiring university graduates

Hiring a university employee, with proper training, allows you to get a specialist who will ultimately have more positive aspects than negative ones. The most effective method for selecting such professionals is a multi-stage training program for future personnel during their training. In this way, the employee gets the opportunity to develop his skills and even gain the necessary experience, solves problems with internships, and by the end of his training, with a very high probability, remains working at the enterprise, since there he already has a full understanding of business processes, and in other business entities he you will have to build a career from scratch.

This multi-stage technique usually consists of several stages:

• Presentation of the company and vacancies. Such a presentation can be made at open days, job fairs and other events aimed at students. In addition, most universities are open to cooperation with potential employers and make it easy and effective to convey information about business and its vacancies to students.
• Pre-selection of students. If there are agreements with teachers or the students themselves, the employer can select the most effective future employees at the training stage, based on the students’ personal qualities, their professional abilities and academic performance.
• Training of applicants in production. This format of work may involve students working on the basis of an enterprise, combined with training on a shortened working day or during the holidays. Subsequently, students can be invited to the enterprise to undergo an official internship necessary for passing the internship.
• Full employment of employees after their graduation. By the time a specialist receives a diploma, the employer will have the opportunity to employ the employee full-time, having already received a qualified employee.

For enterprises that operate in areas of activity with high staff turnover and low qualification and professional requirements for applicants, another mechanism for cooperation with educational institutions may be beneficial.

For example, hiring students on assignment, with a preliminary agreement with management, can make it possible to obtain a large number of employees to fill all personnel gaps. Also, hiring by assignment is often the prerogative of government agencies.

If the hiring rules are violated...then the employee can be fired. This is, of course, correct. But dismissal will be legal only if certain conditions are met and certain procedures are followed. Making such a decision does not relieve the employer of the obligation to find out who is to blame for violating the rules provided for by law - the employee or himself. And the grounds for dismissal must be chosen correctly. But besides this option - to part with the employee, there are others. They depend primarily on what exactly was violated during the hiring process and how events developed in the future.

Practice shows that when hiring an employee, employers sometimes deliberately, but more often through inattention, ignore the requirements of the law, and as a result are forced to terminate the employment contract after concluding an employment contract, although this was not initially part of their plans.

Of course, not all violations entail such serious consequences for the parties to the employment contract. in other cases, the employer simply needs to eliminate the “oversight” as quickly as possible: for example, draw up a written employment contract with the employee, supplement it with missing conditions or exclude illegal conditions from it, issue a hiring order, etc.

But sometimes, when hiring, violations of the law are committed that, if discovered, inevitably entail termination of the employment contract. The peculiarity of these situations is that if the parties acted in accordance with the law (i.e., did not allow these violations), they would not have entered into an employment contract.

What are we talking about? For example, an employee was hired, but after some time it turned out that this work was contraindicated for him due to health reasons. However, he was hired to perform work that required special knowledge, but it was later discovered that he did not have the necessary education.

And, by the way, the culprit of such violations can be not only the employer, but also the employee himself, while any of them or the regulatory body, in particular the State Tax Service, can detect the corresponding violation.

The issue of guilt in this case is of fundamental importance. It is important to correctly establish whose fault the employment contract was concluded contrary to the restrictions established by law, since this is related to payments to the employee upon dismissal.

So, according to Part 3 of Art. 84 of the Labor Code of the Russian Federation, if a violation of the rules for concluding an employment contract established by it or another federal law is not due to the fault of the employee, then the latter is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job and pay severance pay.

WHEN IS THE EMPLOYEE AT GUILTY?

Obviously, if an employer hires an employee, knowing that this work is contraindicated for him or is simply prohibited, it is the employer who will be held responsible for the illegal conclusion of an employment contract.

But there are also cases when employees themselves, when applying for employment, deliberately hide important information, for example, about having a criminal record or being prohibited from holding certain positions or performing certain work by court decision.

Here, of course, we can say that the employer did not have the right to hire such an employee until he was reliably convinced that he could hire him. But, on the other hand, the employee knew for sure that such work was prohibited for him. This means that it is he who is to blame for violating the rules for concluding an employment contract.

In any case - regardless of who is the culprit of the violation - the employment contract must be terminated on a separate basis provided for in paragraph 11 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, due to the fact that identified violations of the rules for concluding an employment contract exclude the possibility of the employee performing the relevant work.

At the same time, according to Part 2 of Art. 84 of the Labor Code of the Russian Federation, the employer is obliged to try to transfer such an employee to another job available to him, which the employee can perform taking into account his state of health and qualifications.

Note! If the violation was caused by the employee, the employer is not obliged to offer him another job and pay severance pay upon dismissal

In this case, as in other cases established by the Labor Code of the Russian Federation, the employer is obliged to offer the employee all vacancies available in the given area (including vacant lower-level positions and lower-paid jobs). And in other areas - only if this is provided for by a collective agreement, agreements, or employment contract. In addition, if it is not possible to transfer the employee to another job (there are no vacancies or the employee refused to be transferred to existing vacancies), then upon dismissal he must be paid severance pay in the amount of average monthly earnings. And, as mentioned above, if the employee is the culprit of the violations, then upon dismissal he is not entitled to any severance pay, and the employer is not obliged to offer him another job.

So, if a violation of the rules for its conclusion is discovered, which precludes continuation of work, an employment contract is terminated if the employee:

• guilty of violations - without payment of severance pay;
• is not guilty of the violations committed and it is impossible to transfer him to another job - with payment of severance pay in the amount of one average monthly salary.

Of course, the fact of detection of a violation must be documented.

For example, this could be a copy of a court verdict, a medical report, a certificate from an educational institution stating that the citizen did not study there and did not receive an education document, a judge’s decision to disqualify an employee, etc.

In addition, in practice, when such violations are detected, reports are most often drawn up indicating the facts identified.

WHAT RULES CAN BE VIOLATED?

In all situations under consideration, two conditions must be present:

Condition 1. The rules that were violated were established by the federal legislator (they are contained in the Labor Code of the Russian Federation or in another federal law). That is, they cannot be established by by-laws and certainly not by employers in their local regulations.

Condition 2. Violation of the rules excludes the possibility of continuing work.

First of all, these are violations that are directly listed in Art. 84 Labor Code of the Russian Federation. But their list is not exhaustive. The Labor Code and other federal laws may provide for special rules for concluding an employment contract, violation of which excludes the possibility of continuing work.

Article 84 of the Labor Code of the Russian Federation specifies, in particular, the following cases of unlawful conclusion of an employment contract.

Case 1. The employment contract was concluded in violation of a court verdict that had entered into legal force depriving the employee of the right to occupy certain positions (engage in certain activities).

Case 2. An employment contract presupposes the performance of work that is contraindicated for the employee for health reasons, which is confirmed by a medical report.

Case 3. When concluding an employment contract, the employee did not provide a document on education (if special knowledge or skills are required to perform this work).

Case 4. The employment contract was concluded in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment, which excludes the possibility of the employee fulfilling his duties under the employment contract.

Case 5. The employment contract was concluded in violation of the restrictions, prohibitions and requirements established by federal laws regarding the involvement in work of citizens dismissed from state or municipal service.

Let's consider these cases in more detail.

The requirements of the court verdict were violated

According to Art. 47 of the Criminal Code of the Russian Federation, a person may be deprived of the right to hold certain positions or engage in certain activities, namely, he may be prohibited from:

• hold positions in the civil service and local government;
• engage in certain professional or other activities (for example, medical, teaching, auditing, notary, security, etc.).

This type of punishment can be applied as:

• main - for a period from 1 year to 5 years;
• additional - for a period from 6 months to 3 years (and in some cases up to 20 years).

According to Art. 34 of the Criminal Executive Code of the Russian Federation (hereinafter referred to as the Penal Code of the Russian Federation), the requirements of a sentence on deprivation of the right to hold certain positions or engage in certain activities are mandatory for the administration of the organization in which the convicted person works.

Thus, the employer is obliged to dismiss an employee from a position that he is prohibited from holding by a court verdict, regardless of when such a prohibition was established: before or after hiring.

But please note: the grounds for dismissal here will vary.

On the basis under consideration, i.e. according to clause 11, part 1, art. 77 of the Labor Code of the Russian Federation, the employee who was initially hired for a job for which he could not be hired in accordance with the court verdict that entered into force is dismissed.

If an employee was sentenced to a punishment prohibiting him from working in the relevant position after he was hired for this position, then there is no reason to consider his employment contract concluded in violation of the law, which means that such an employee must be dismissed on another basis provided for clause 4, part 1, art. 83 Labor Code of the Russian Federation.

In any case, according to the specified Art. 34 of the Penal Code of the Russian Federation, the employer is obliged to notify the criminal-executive inspection of the dismissal of such an employee within three days.

In addition, an entry must be made in the work book of a convicted employee who has not served his sentence indicating on what basis, for what period and what position he is deprived of the right to hold or what activity he is deprived of the right to engage in.

The same is said in clause 19 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers (hereinafter referred to as the Rules), approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”. At the same time, the procedure for making such an entry in the work book is not defined by regulatory legal acts.?

The employee is prohibited from engaging in entrepreneurial activity by a court verdict. For us, his work has nothing to do with entrepreneurship. Now he is resigning of his own free will. Upon dismissal, is it necessary to make a corresponding entry in his work book about the ban on engaging in entrepreneurial activity?

If we literally understand the requirement of Art. 34 of the Penal Code of the Russian Federation and clause 19 of the Rules, it turns out that such an entry in the work book must be made by all employees who have been sentenced by a court to deprivation of the right to hold certain positions or engage in certain activities and have not served this punishment at the time of dismissal.

And in fact, the regulations do not contain any clarifications about the grounds on which an employee is dismissed. That is, the only important thing is the fact that he was sentenced to this punishment and the fact that this punishment was not withdrawn or extinguished.

Accordingly, it does not matter on what grounds the employee is dismissed and whether he is dismissed from the work that he is prohibited from performing. and this is logical, since such a record is necessary so that another employer, looking at the employee’s work book, when hiring him, knows in advance what kind of work he is prohibited by a court verdict.

By the way

An employer does not have the right to send employees for medical examinations on its own initiative, if such medical examinations for employees are not mandatory in accordance with the law. In practice, a situation cannot be ruled out when an employee de facto has health problems that are incompatible with continued work, but the employee does not want to undergo a medical examination or does not provide the employer with an appropriate medical report. Moreover, both the employee and the employer may not be aware that the employee has contraindications to work. Meanwhile, until the employee provides the employer with a medical report, the employer will not have the right to dismiss him or at least suspend him from work. The same applies to disabled employees. Even if their rehabilitation program contains restrictions on the types of work, a disabled person has every right not to take advantage of this program in whole or in part. And only if he presents the program at the place of work, its implementation will become mandatory for the employer (Article 11 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”). Thus, in this situation, a disabled employee who worked for some time in an organization in a job that was contraindicated for him for health reasons, but did not initially take advantage of his rehabilitation program in terms of a work recommendation, and then nevertheless decided to quit, actually must decide for himself whether on what basis should he terminate the employment contract? Option 1. At one’s own request, having notified the employer of dismissal within the period provided for in Art. 80 Labor Code of the Russian Federation. In this case, he may not even inform the employer about the reason for dismissal and may not show him a medical report. Option 2. Due to violation of the rules for concluding an employment contract. In this case, the law does not establish any warning period. However, since the disabled person himself created the situation in question, he is not entitled to severance pay upon dismissal; Option 3. According to paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation with payment of two weeks' average earnings, if transfer to another suitable job is impossible, and contraindications arose after starting a job with this employer.

Work is contraindicated for health reasons

If it is determined that the employee was hired for a job that was contraindicated for him due to health reasons, he must be fired. In this case, the presence of contraindications must be confirmed by a medical certificate issued in the prescribed manner.

The employee is scheduled for a medical examination in a week. But an employment contract has already been concluded with him. The employee himself says that he does not experience any health problems and such a medical examination is purely formal, since it is unlikely that any contraindications will be identified. Can we allow him to work now?

It is quite possible that the results of the medical examination will not reveal any contraindications. On the other hand, such contraindications can only be detected based on the results of a medical examination.

According to Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to ensure that the employee is not allowed to perform labor duties without undergoing preliminary (upon entry to work) or periodic medical examinations (examinations), if such medical examinations are required by law, as well as in the case of medical contraindications. Therefore, until it is officially established on the basis of a medical report that this work is not contraindicated for the employee due to health reasons, he cannot be involved in such work.

In accordance with Art. 76 of the Labor Code of the Russian Federation, the employee must be suspended from work for the entire period of time until the circumstances that were the basis for removal from work or non-admission to work are eliminated, i.e. until the presence or absence of contraindications to work is known exactly. Moreover, if the employee did not undergo a mandatory medical examination through no fault of his own, he is paid for the entire period of suspension from work as idle time.

However, if the corresponding health problems arose during the employee’s labor activity in this organization, then the employment contract must be terminated (if it is impossible to transfer the employee) on another basis. That is, there was no violation of the rules for concluding an employment contract, since at the time of hiring the job was not contraindicated for the employee. Therefore, the employment contract in this case is terminated on the basis provided for in paragraph 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.

The employee was hired without a preliminary medical examination, although such a medical examination was mandatory. The employee underwent his first medical examination a year later. Contraindications to work were identified. But it’s hard to say whether they were there at the time of joining the job. Under what article should he be fired??

In such a situation, it cannot be unequivocally stated that the employment contract with the employee was concluded in violation of the law, since it is quite possible that contraindications to work arose already in the process of labor relations. From this point of view, it would be more reasonable to dismiss such an employee not under clause 11, part 1, art. 77 of the Labor Code of the Russian Federation, and according to clause 8, part 1, art. 77 of the Labor Code of the Russian Federation with payment of severance pay in the amount of two weeks’ average earnings.

But no matter what the reason for dismissing an employee, before dismissal it is necessary to try to transfer him to another job that is not contraindicated for health reasons. and only if the employer does not have such a suitable job or the employee himself refuses the transfer, the employment contract with him is terminated.

There is no document on education

Note! If the employee does not have the necessary documents, the employment contract with him is terminated under clause 11, part 1, art. 77 of the Labor Code of the Russian Federation, and when providing forged ones - according to clause 11, part 1, art. 81 Labor Code of the Russian Federation

When hiring, an employee is required to provide a document on education, qualifications or special knowledge, if the nature of the work requires it by law (Article 65 of the Labor Code of the Russian Federation).

So, according to Art. 100 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, the right to medical practice in Russia is granted to persons who have received higher or secondary medical education in the Russian Federation in accordance with federal state educational standards and have a specialist certificate.

In accordance with Art. 331 of the Labor Code of the Russian Federation, the right to engage in teaching activities is granted to persons who have the appropriate educational qualifications. It is determined in the manner established by the standard regulations on educational institutions of the relevant types and types.

In paragraph 49 of the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved. Decree of the Government of the Russian Federation dated July 18, 2008 No. 543, determined that persons with higher professional education, which is confirmed by state-issued documents on the appropriate level of education and (or) qualifications, are allowed to engage in teaching activities in a secondary specialized educational institution.

Thus, in order to terminate an employment contract on this basis, the following conditions must be met.

Condition 1. The employee must not have a document confirming the education necessary to perform the job. If the employee does not provide it, it is assumed that he does not have it. The fact that the employer, when concluding the contract, did not require the employee to provide a document confirming the necessary education, only indicates that the employer ignored the requirements of the law. But this does not give an uneducated worker the right to perform work after this violation is discovered.

It should also be borne in mind that the dismissal of an employee is possible if there was no document on the appropriate education from the moment the contract was concluded until this was discovered. But if for some reason an employee without an education was hired, but he managed to get it before the employer became aware of it, then there are no grounds for dismissal. This situation arises, in particular, when hiring final-year students from specialized universities who do not yet have a diploma at the time of employment, but who complete their studies while working.

Condition 2. A ban on the use of labor by an employee who does not have special education must be established by federal law or other regulatory legal act.

The worker works as a translator. He knows the language perfectly, he lived abroad for a long time, but he does not have a higher education. And according to the EKS, translators must have a higher professional education. It turns out that we initially did not have the right to hire him for such a position and now we must fire him? We don't have any other job for him.

In the situation under consideration, the employer had every right to hire the employee; there were no violations when concluding the employment contract. Thus, in paragraph 8 of the Procedure for applying the Unified Qualification Directory of Positions of Managers, Specialists and Employees, approved. Resolution of the Ministry of Labor of Russia dated 02/09/2004 No. 9 states that persons who do not have special training or work experience established in the section “Qualification Requirements”, but have sufficient practical experience and perform efficiently and in full the job duties assigned to them, on the recommendation of the certification commission, they are appointed to the appropriate positions in the same way as persons with special training and work experience.

Thus, this regulatory act does not exclude the possibility of continuing to work as a translator without a higher education. In addition, even if desired, it will not be possible to dismiss such an employee, citing the relevant requirements of the Unified Qualification Handbook. The fact is that the Handbook is not a mandatory document for employers, but is only advisory in nature.

This conclusion is confirmed by judicial practice.

A., who held the position of chief engineer and was dismissed under clause 11, part 1, art. 77 of the Labor Code of the Russian Federation, filed a claim against LLC “V” and demanded that he be reinstated at work.

The court, reinstating A. at work, explained that dismissal is possible if the employee who entered into an employment contract does not have documents that confirm his qualifications (education) to perform work requiring special knowledge, if this requirement is established by federal law or other regulatory act and if this excludes the possibility of continuing work under the employment contract.

In the case under consideration, there are no federal laws or regulations establishing the need for the chief engineer to have a higher education, and the Qualification Directory for positions of managers, specialists and other employees, which the employer referred to, is advisory in nature and does not require the presence of a higher education education for a specific position.

The advisory nature of this normative act is confirmed, among other things, by the fact that the current legislation does not contain provisions providing for liability for failure to comply with the provisions of the Qualification Handbook.

In such circumstances, the court indicated that this regulatory legal act does not exclude the possibility of an employee continuing to work in a position without a higher education.

The employer did not present any other federal laws or other regulations requiring citizens to present a document of higher education when applying for a corresponding position.

Thus, the employment contract with the employee was concluded without violations of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, and therefore there were no grounds for its termination on the grounds in question (see the cassation ruling of the Astrakhan Regional Court dated February 29, 2012 in the case No. 33-543/2012).

Condition 3. The employer must not have the opportunity to transfer the employee to another vacant position, which he can occupy taking into account his education and health status.

Please note: in practice, there are cases when employees present false educational documents to the employer when applying for a job. As the Plenum of the Supreme Court of the Russian Federation explained, the employment contract with such employees will be terminated at the initiative of the employer under clause 11 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, and not according to clause 11, part 1, art. 77 of the Labor Code of the Russian Federation (clause 51 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Completion of work is impossible due to administrative punishment

A sanction that makes it impossible to perform certain work can be applied to an employee not only for a crime. For a number of administrative offenses, an employee may be prohibited from performing certain work as an administrative penalty.

Thus, the employee may be disqualified. Let us remind you that according to Art. 3.11 of the Code of Administrative Offenses of the Russian Federation, disqualification is the deprivation of an individual of the right to occupy leadership positions in the executive management body of a legal entity, to join the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases provided for by Russian legislation. Disqualification is imposed by a judge for a period of six months to three years. It can be applied, as indicated above, to persons performing organizational, managerial or administrative functions.

NA No. 8‘2012 All information about the disqualification of individuals is stored in the Register of Disqualified Persons, which is maintained by the Ministry of Internal Affairs of Russia and the Ministry of Internal Affairs, Department of Internal Affairs and the Main Directorate of Internal Affairs of the constituent entities of the Russian Federation (Resolution of the Government of the Russian Federation of November 11, 2002 No. 805 “on the formation and maintenance of the register of disqualified persons”). the procedure for providing information from the register of disqualified persons and the form for extracting from the register were approved by order of the Federal Tax Service of Russia dated March 6, 2012 No. MMv-7-6/141@.

In addition, a judge or other authorized state body (official) may apply other administrative punishment for an administrative violation, which precludes the employee from fulfilling his job duties. so, according to Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, an individual may be deprived of a special right previously granted to him (for example, the right to drive a vehicle) in accordance with a judge’s decision for a period of one month to three years.

Thus, when terminating an employment contract on this basis, the following conditions must be met.

Condition 1. the court decision entered into force. Moreover, the employer must make sure that the period of disqualification or other administrative punishment has not expired at the time the violation was discovered. after all, if this period has expired, then there are no longer any obstacles to the employee performing his work.

Condition 2. The employee must not have the opportunity to continue performing his work function, i.e. administrative punishment must directly affect the work function he performs.

Condition 3. There is no other suitable job for the employee.

Restrictions, prohibitions and requirements relating to the involvement in work of citizens dismissed from state or municipal service were violated

Such restrictions are established only by federal laws and, mainly, by the Labor Code of the Russian Federation. so, according to Art. 64 1 of the Labor Code of the Russian Federation, citizens who filled positions in the state or municipal service according to the established list, within two years after dismissal from this service, have the right to fill positions in organizations if certain functions of public administration of these organizations were included in the official (service) responsibilities of a state or municipal employee, only with the consent of the commission on compliance with the requirements for official conduct of state or municipal employees and the resolution of conflicts of interest. If such consent is not obtained, and the employee was hired in violation of this requirement, then after this violation is discovered, the employment contract with him must be terminated.

We have formalized the hiring of a former civil servant. Six months later, it turned out that the necessary information was not sent to his last place of service. What could be the consequences of violating this procedure?

In accordance with Art. 64 1 of the Labor Code of the Russian Federation, citizens who have held positions in the state or municipal service, within two years after dismissal from service, are obliged, when concluding employment contracts, to provide the employer with information about their last place of service. In turn, employers, when hiring such employees, are required to report the conclusion of an employment contract at their last place of employment within ten days. Such a message is purely informative in nature and does not imply the consent of the former employer of the state or municipal employee to conclude an employment contract with him.

Violation of this requirement by the employer does not exclude the former employee from continuing to work, therefore the employment contract with him is not terminated. Nevertheless, the employer himself may be held administratively liable under Art. 19.29 of the Code of Administrative Offenses of the Russian Federation for illegally recruiting a former state or municipal employee to work, which provides for an impressive administrative fine: from 2000 to 4000 rubles. - for citizens; from 20,000 to 50,000 rubles. - for officials; from 100,000 to 500,000 rubles. - for legal entities.

Legislative restrictions on engaging in certain types of work were violated

Such restrictions can only be established by the Labor Code of the Russian Federation and other federal laws. Let us give an example regarding teaching activities.

According to Art. 331 of the Labor Code of the Russian Federation the following persons are not allowed to engage in teaching activities:

• deprived of the right to engage in such activities in accordance with a court verdict that has entered into legal force;
• have or have had a criminal record, are or have been subject to criminal prosecution (except for persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insult ), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public safety;
• having an unexpunged or outstanding conviction for intentional grave and especially grave crimes;
• declared incompetent;
• having diseases according to the established list.

Of course, when applying for such a job, the employer, among the documents that must be presented at the employment stage, is obliged to require from the applicant a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds. If such a document is not provided, he should be refused employment.

A teacher is a very noble and prestigious profession in the Russian Federation. But, unfortunately, working as a school teacher is not highly paid. Due to low wages, the job of a teacher has become not only prestigious, but also very in demand throughout the Russian Federation. Many teachers prefer to go to work in other countries and only a small number of teachers remain to work in their home country. In the ranking, teacher salaries remain at the bottom.

Not everyone can become a teacher. This is a difficult profession that requires patience, endurance and love for children. Therefore, the majority of teachers in the Russian Federation work not for financial gain, but out of vocation. They get moral pleasure from communicating and working with children. The peculiarity of a teacher’s work is that the teacher must find a common language with the children, try to unite the class, make them friends, and at the same time, the students’ performance should increase.

Many graduates of pedagogical universities, after completing their studies, express a desire to work in schools. There are several ways you can get a job as a teacher at a school:

1. Already in their 2nd or 3rd year, young teachers undergo internships in schools. If a future teacher establishes himself as a communicative and qualified employee, then he has every chance of remaining working at the school where he did his internship. The teacher will need to show all his skills and abilities in order to earn the trust of the teaching staff.
2. The employment of teachers in schools is handled by local education authorities (GORONO - the city department of public education and science). If a future teacher wants to get a job, he can come to such an organization and find out about the availability of vacancies. You should come no later than May-June. During these months, the teaching staff is recruited.
3. Independently check with schools about available vacancies. It is worth remembering that a positive reference from the place of practice will only increase the chances of a future teacher getting a job in a school. Therefore, you should not neglect the advice of “senior” teachers in practice.
4. You can find a job as a school teacher on the Internet. There are many job search sites. On the website, you should go to the “Education” section, and the portal will automatically display vacancies in different educational institutions of the selected city.

One of the most famous job search portals in Russia is the Trudvsem.ru website. The website contains a nationwide database of vacancies. It is necessary to enter the requirements of the future teacher in terms of salary, region and work schedule, and after that it is worth choosing the field of activity “Education, Science”.

Home page of the website “Work for everyone”

1. One of the easiest ways to get a job at a school is to contact your home school from which you graduated. If during training a teacher has found a common language with the teaching staff and has established himself as a responsible person, then if there are available places, the specialist will most likely be able to get a job.

Many ambitious people who want to devote their lives to teaching are interested in the question of whether it is possible to get a job as a school teacher without having a specialized education. Unfortunately this is not possible. A person will need to graduate from at least a pedagogical college or lyceum. But with such an education he can only become a primary school teacher. In order to teach in high school, you will need to graduate from a higher education institution with a pedagogical focus.

In rare cases, you can get a job at a school without a specialized education. But for this, a person must thoroughly master the knowledge that he wants to teach children. The decision to hire is made by the school administration.

In order to get a job in a school, it is not at all necessary to have work experience. Specialists without work experience are accepted into both municipal and private schools.

To increase your chances of finding a job, you should look for work in areas where the percentage of demand for teachers is higher. In 2018-2019, the areas that most urgently need teachers are:

1. Moscow region.
2. Krasnoyarsk region.
3. Krasnodar region.
4. Leningrad region.
5. Novosibirsk region.
6. Sverdlovsk region.
7. Volgograd region.
8. Omsk region.
9. Rostov region.

A properly written resume is very important when applying for a job. The resume contains information such as:

1. Personal data.
2. Experience.
3. Education.
4. Category.
5. Qualification.
6. Contact Information.
7. Personal qualities.
8. Discharge.

If a person already has experience working in a school, then the responsibilities performed at the previous place of employment are additionally included in the resume.

This information will help the school administration understand how qualified the employee is and what responsibilities can be assigned to him.

If the school administration is satisfied with the candidacy of the teacher, then a hiring order is issued. The order is drawn up by a personnel service employee. If one person is hired, then an order is drawn up in form No. T-1. If two or more people get a job, then the personnel officer draws up an order in form No. T-1a.

The order contains the following information:

1. School name.
2. Document number and date.
3. Employment date.
4. End date of the employment contract.
5. Personnel Number.
6. Full Name.
7. Structural subdivision.
8. Job title.
9. Conditions of employment.
10. Nature of the work.
11. Salary and bonus for overtime work.
12. Grounds for hiring.

The order is signed by the school director and teacher.

If the basis for hiring is not an employment contract, then the teacher is required to write and sign a job application.

Application for a job

To conclude an employment contract, the teacher must provide the school administration with a package of documents:

• passport,
• employment history,
• education document,
• personal medical certificate indicating that the teacher has no health restrictions for working at school.

It is worth noting that the first year of work at school is not easy. During this period, the teacher gets to know the children, exchanges experience and forms of work with other young teachers.

Adaptation to work at school takes on average from 6 months to 2 years.

Requirements for teachers

The main requirement for teachers of various specialties is compliance with Federal State Educational Standards standards(Federal State Educational Standard).

The Federal State Educational Standard clearly defines the personal qualities of schoolchildren, which the teacher should help develop. The Federal State Educational Standard specifies the main educational program and workload in certain subjects. Also, it is in the Federal State Educational Standard that the main disciplines for studying are indicated.

According to the Federal State Educational Standard, a primary school and high school teacher must have the following abilities:

1. Organizational skills are the ability to unite students.
2. Didactic abilities are the ability to prepare educational material.
3. Receptive abilities are the ability to identify the characteristics of the psyche of schoolchildren.
4. Communication skills are the ability to establish contact with children.
5. Suggestive. Ability is the ability to emotionally influence a student.

Responsibilities of the teacher

The main responsibilities of a teacher at school:

1. Monitoring the availability of notebooks for students.
2. Checking notebooks.
3. Monitoring compliance with order.
4. Submitting grades to the class journal.
5. Teaching a subject in your specialty (lesson teaching).
6. The ability to find an individual approach to each student.
7. Drawing up calendar plans.
8. Making report.
9. Preparing a visual aid for the lesson.
10. Participation in a meeting of the pedagogical council.
11. Conducting parent meetings.
12. Conducting educational work.
13. Organization of extracurricular activities.

Advantages and disadvantages of being a teacher

Like every profession, the specialty of a teacher has its own advantages and disadvantages:

Advantages:

1. Creative work.
2. Systematic development of the teacher.
3. Opportunity to earn extra money as a tutor.
4. Schedule. Often teachers work only in the first half of the day.
5. Vacation 2 months.
6. Opportunity for career growth.

Flaws:

1. Small salary.
2. The profession is associated with nervous tension. Because of this, teachers often have health problems.
3. Strict dress code. The teacher is an example for students to follow. Therefore, the teacher is forced to dress strictly and in a business style for work.

For comparison, here is a video about working in a US school. radically different from ours.

Salary by specialty

It is worth noting that a teacher’s salary depends not only on the number of hours worked and qualifications, but also on specialization in the subject:

1. A Spanish language teacher earns from 45 thousand rubles per month.
2. An economics teacher earns approximately 45 thousand.
3. The teacher rightfully receives from 40 thousand.
4. An English teacher earns from 15 thousand. If a foreign language teacher gets a job in a private school, then his salary will range from 30 to 60 thousand, depending on the level of prestige of the school.
5. A vocal teacher earns an average of 34 thousand monthly.
6. A physics teacher earns from 30 thousand.
7. A Japanese language teacher earns from 26 thousand.
8. A labor teacher receives an average of 20 thousand monthly.
9. A primary school teacher earns from 23 thousand.
10. A French language teacher earns approximately 22 thousand.
11. A mathematics teacher earns from 21 thousand rubles per month.
12. A Chinese language teacher can count on a salary of 20 thousand.
13. A Russian language teacher receives from 20 thousand rubles.

Salaries by region

The level of a teacher’s average salary directly depends on the region in which he works.

City or county	Average salary (expressed in rubles)
Yamalo-Nenets	77 000
Chukotka	75 400
German	65 370
Khanty-Mansiysk	56 900
Kamchatka	52 300
Magadan	58 800
Yakutia	49 140
Moscow	58 800
Sakhalin	53 300
Komi	39 460
Khabarovsk	34 900
Tyumen	33 700
Krasnoyarsk	33 500
Saint Petersburg	39 000
Arkhangelsk	32 600
Sverdlovsk	29 000
Karelia	29 000
Irkutsk	30 700
Tatarstan	27 200
Buryatia	27 000
Nizhny Novgorod	24 800
Yaroslavl	24 300
Tyva	27 400
Vologda	26 000
Omsk	25 580
Kemerovo	26 140
Permian	26 230
Tomsk	31 400
Ryazan	23 000
Samara	24 930
Novosibirsk	26 120
Rostov	22 600
Chelyabinsk	27 000
Kaliningrad	26 000
Lipetsk	22 300
Smolensk	21 600
Kaluga	27 000
Stavropol	21 500
Vladimir	21 800
Altai	22 000
Orenburg	22 900
Voronezh	23 000
Volgograd	22 900
Astrakhan	23 600
Tver	23 820
Ulyanovsk	20 300
Ingushetia	21 170
Novgorod	24 280
Adygea	20 170
Pskov	20 300
Bashkortostan	23 500
Eagle	20 000
Tambov	19 600
Bryansk	20 200
Belgorod	22 900
Kalmykia	19 000
Kirov	20 260
Mound	20 180
Kursk	22 000
Penza	21 450
Saratov	21 280
Ossetia	19 800
Kostroma	20 260
Mordovia	18 700
Dagestan	18 500