Question: I am a school principal. Two of our teachers did not pass the mandatory certification last time. Now the head of the Ministry of Education and Culture has ordered to cancel the employment contract with the employees who have not passed the certification and not to teach them this year. When I tell the teachers about this, they say that you don't have the right to dismiss us right away, give us a chance, we will justify your trust after passing the certification this year. What should I do in this case?
To the question Ulugbek Pulatov answered:
It is known that the procedure for certification of pedagogic personnel of preschool, general secondary, secondary special, professional and extracurricular educational organizations, approved by the decision of the Cabinet of Ministers of the Republic of Uzbekistan No. 2021 of September 17, 572 "On" the regulation states that pedagogic staff should undergo mandatory attestation once every five years, and if a pedagogic staff in the position of a specialist or a teacher with higher education has less than 55 points, he has not passed the attestation, specialist (higher-educated teacher) is considered not suitable for the position.
In accordance with Clause 44 of the above-mentioned Regulation, in the event that pedagogues in the position of a specialist (highly educated teacher) fail to pass the next mandatory attestation, the school director may cancel the employment contract concluded with the employee due to the insufficient qualification of the employee in accordance with Article 100 of the Labor Code. the second part has the right to cancel with paragraph 2 (due to insufficient qualification).
But as you can see, it is the right of the employers to cancel the contract with the teachers who failed to pass the next mandatory certification, not the obligation. That is, only the school principal will decide this issue. The employer can use the right if he wants to, not if he wants to. The intervention of third parties is not allowed.
As for the issue of whether or not to teach an employee who has not passed the attestation, in this regard, only the requirements of the regulation "On the procedure for the completion of classes in general education institutions and the formation of tariff lists" are followed.
First, according to the order of priority specified in this regulation, the maximum number of teaching hours is determined for the teaching staff with the highest indicator. After that, the remaining teaching hours can be divided equally among non-certified (non-categorized) employees.
In conclusion, it is at the school director's discretion whether or not to cancel the employment contract with the pedagogic staff who have not passed the certification.
