Don't teachers who don't lead the class get lessons?

Question

I'm a math teacher. I wanted to go back to work after my leave in August this year, but our principal says you're going to lead the class. But I have a young child under 2 years old, and if I say I don't want to take a class, he says that if you don't take a class, we won't teach. How true is this?

Reply

According to Article 405 of the Labor Code, after the end of maternity leave, at the woman's request, she is given a childcare leave until the child reaches the age of two.

According to Article 239 of the Labor Code, the former place of work (position) of the employee is retained when providing maternity leave and childcare leave.

Regarding the issue of classroom leadership, the teacher's right to occupy a classroom leadership position is not an obligation. That is, a teacher can take or not take a class if they want to.

The appointment of class teachers is regulated by the instruction approved by the order of the Ministry of Preschool and School Education No. 190 dated June 27, 2023.

This instruction does not contain any provision on the mandatory assignment of the classroom leadership position to the teacher.

The distribution of lessons for teachers of general education institutions is carried out in accordance with the Regulation "On the procedure for compiling classes and forming tariff lists in general education institutions" (registration number No. 3271).

According to the terms of the regulation, teachers who return from maternity leave and childcare are allocated lessons in accordance with labor legislation based on the priority sequence of indicators established by this regulation.

This regulation also does not contain any rule on whether or not a teacher should be assigned classroom guidance, which affects the number of class hours.

Based on the above, we can conclude that the school administration does not have the right to reduce lessons or not give lessons at all if the teacher does not have a class.