TERMINATION OF EMPLOYMENT FOR COMMITTING IMMORAL MISCONDUCT

Abstract

The article is devoted to defining the circle of employees who perform educational functions, clarifying the content of their legal status, the possibility of applying coercive measures for failure to perform their labor duties and committing other unlawful actions related to the specifics of the performance of the labor function. Based on the analysis of legislation and judicial practice, signs of immoral misconduct are identified, in particular those incompatible with the employee’s continuation of work related to the performance of educational functions. The performance of educational functions by an employee requires him not only to properly perform his labor duties, but also requires his own behavior (both during working hours and outside of them), which meets the moral principles of society. The performance of educational functions by an employee may be provided for by laws, by-laws, including local, regulatory acts or an employment contract. In the author’s opinion, subjects whose work is related to the performance of educational functions include not only pedagogical, scientific-pedagogical or scientific workers, but also all others who are in labor relations with an employer whose charter provides for the upbringing, training or development of the younger generation. An immoral offense is a guilty act that contradicts generally accepted norms and rules, violates the moral principles of society, moral values that have developed in society, and contradicts the content of the labor function. The incompatibility of an immoral offense committed by an employee performing educational functions with the continuation of work must be based on a set of factual data, in particular, the specific circumstances of the offense, the employee’s mental attitude to the committed act and its consequences, the employee’s subsequent behavior, the perception of the act by society, and primarily by the persons in respect of whom the educational function is performed.