Is it possible to dismiss a teacher who has not passed the certification and take away their lessons?

Question

I am a 5th-year distance learning student, and since my 3rd year, I have been working as a physical education teacher at the school on a 0.5 part-time basis.

There is another physical education teacher at our school. He has been working at his main job since 2018 at a rate of 0.75. But this teacher had to have passed mandatory certification at least twice before.

But so far, they have not passed one mandatory and one extraordinary certification, and there is no qualification category. My question is, is it possible to dismiss this teacher? In this case, can I, by submitting an application to the employer, take my teaching hours as one rate?

Response

Appendix No. 1 to the Resolution of the Cabinet of Ministers dated September 17, 2021 No. 572 "Regulations on the Procedure for Certification of Teaching Staff of Preschool, General Secondary, Secondary Specialized, Vocational and Extracurricular Educational Organizations" defines the procedure for certification of teaching staff.

According to paragraph 44 of this Regulation, in the event that pedagogical staff holding the position of specialist (teacher with higher education) fail to pass the next mandatory certification, the employer has the right to terminate the employment contract with the employee due to insufficient qualifications in the manner prescribed by labor legislation.

According to Clause 44-1 of the Regulation, if the employer has not terminated the employment contract, a pedagogical staff holding the position of a specialist (teacher with higher education) who has not passed the next mandatory certification will be involved in the extraordinary certification no more than three times.

In this case, the employment contract with a pedagogical personnel who did not pass the extraordinary attestation at least once out of three times or did not participate in the attestation without a valid reason (except for long-term incapacity for work due to illness and performance of state or public duties) is terminated due to insufficient qualifications of the employee.

Based on the above situation, according to the requirements of the Regulation "On the Procedure for Completing Classes and Formation of Tariff Lists in General Education Institutions" (registration number: 3271), the level of a teacher who has not passed the attestation is one step higher than the level of graduating students of higher educational institutions in the pedagogical direction.

Consequently, in order to terminate the employment contract with a physical education teacher who has not passed the certification in this situation, they will have to be involved in the extraordinary certification twice more.