Labor disputes of teaching staff from among the teaching staff

Abstract

This article deals with separate groups of labor disputes of teaching staff from institutions of higher education. Based on the author’s expert experience, it has been established that the most common causes of such disputes are the uneven workload distribution during the academic year, incomplete and inaccurate representations of the employee about the content of his work duties, issues of conditions of remuneration, and conduct of competitive procedures. Disputes over the conclusion and extension of contracts are a separate category. On the example of cases considered by the courts of the Republic of Belarus, it is shown what evidence of violation of labor legislation by the employer is accepted by the courts and what circumstances are given legal significance. Particular attention is paid to the procedural aspects of the inter-action of the parties to the employment contract, including compliance with the requirements for the written form of familiarization of the employee with certain information. Based on the analysis of disputes related to the volume of the academic load, and taking into account the possibility of its uneven distribution by semesters, the proposal is substantiated to establish for teachers a cumulative accounting of working time in compliance with the minimum and maximum working hours per week and the maximum working time for the entire account-ing period in accordance with the requirements of labor legislation. A contradiction has been revealed between the norms on the procedure for holding a competition for the positions of teaching staff and the norms of the labor legislation of the Republic of Belarus. The importance of a collective agreement in ensuring the rights of employees from among the teaching staff, including the right to extend the contract, is shown.

Keywords:

teaching staff, labor dispute, individual labor dispute, contract, job description, specifics of an employment contract, local legal act, collective agreement