Is it right to punish a teacher for a low result in the Olympiad?
Question
I have been teaching at a school for 26 years. My student didn't score enough points at the recent Olympiad. The director issued a reprimand for this.
Won't they be warned for the first time, will there be a direct reprimand? Which law or decree specifies it? Could you please explain?
Response
According to Article 312 of the Labor Code, upon detection of a violation of labor discipline by a pedagogical worker, one of the types of disciplinary action is applied to the employee.
According to Article 301 of the Labor Code, the commission of a disciplinary offense by an employee is grounds for bringing the employee to disciplinary responsibility.
A disciplinary offense is understood as a culpable, unlawful, or improper performance by an employee of their labor duties (violation of labor (official) duties).
Bringing an employee to disciplinary responsibility is not permitted if the employee's failure to perform or improper performance of their labor (position) duties occurred for reasons beyond their control (failure by the employer to provide the necessary conditions for the employee to perform their labor duties, force majeure circumstances, etc.).
The "Job Instructions for Secondary School Employees," approved by Order No. 156 of the Minister of Preschool and School Education dated May 16, 2025, stipulates that subject teachers prepare students for subject Olympiads, various competitions, and contests in their subject area.
However, this instruction does not establish the responsibility of pedagogical workers for the results of subject Olympiads.
Therefore, disciplinary action cannot be applied to a teacher for a student's failure to achieve a sufficient score in a subject Olympiad.
In the event of unjustified application of a disciplinary sanction to an employee, the employee may apply to the trade union committee for the removal of the disciplinary sanction.
We remind you that according to Article 49 of the Code of Administrative Responsibility, violation of labor and labor protection legislation by an official - entails the imposition of a fine from five to ten times the base calculation amount.
The same offense, committed repeatedly within a year after the application of administrative penalties, with the exception of knowingly unlawful dismissal from work, - entails the imposition of a fine from ten to fifteen times the base calculation amount.
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