IMMORAL MISCONDUCT AS THE BASIS FOR TERMINATION OF THE EMPLOYMENT CONTRACT OF A PEDAGOGICAL WORKER OF A GENERAL EDUCATIONAL ORGANIZATION

Introduction. Labor legislation provides for special regulation of labor relations with certain categories of workers, based on the characteristics of their professional activities, including the establishment of special grounds for terminating an employment contract on the initiative of the employer. Thus, workers working in the field of general education have a disciplinary responsibility in the form of dismissal for an immoral offense. However, despite the justification for terminating the employment contract with the teacher who committed an immoral offense, it does not remain fully understood what is specifically meant by these grounds. Materials and methods. The article uses federal legislation, by-laws, legal practice materials of courts of general jurisdiction. Among the methods used are comparative legal, technical legal, formal legal. Results. The Labor Code of the Russian Federation does not contain a legal definition of the term «immoral misconduct», which introduces uncertainty into the process of law enforcement. The determination of the criteria for the immorality of misconduct by pedagogical workers rests with the law enforcers themselves - the leadership of educational institutions. As a result of this assessment of the immorality of human behavior may vary depending on the region of the country and even a specific person, thereby allowing the absolutely opposite qualification of the same act. Conditions are created for abuse of law. The absence of clear criteria for immoral behavior compels us to consider such options for improving labor legislation as 1) clarification of the legal category «immoral misconduct» through legislative consolidation of qualifying characteristics; 2) the decision to dismiss an employee for an immoral act takes place with the obligatory consent of the elected body of the primary trade union organization; 3) development of guidelines for the dismissal of workers performing educational functions, as a result of immoral misconduct, incompatible with the continuation of this work. Summary. The proposed measures to improve labor legislation will not only guarantee the rights and safety of students, but also more fully protect the labor rights of teachers in secondary schools.

immoral misconduct, termination of an employment contract at the initiative of the employer, teacher, teacher, educational organization