Key Benefits:
ACT
of 26 January 1982
Teacher Tab
Having regard to the importance of the role of education and education in the Republic of Poland, desiring to give a special effect to the social profession of the teacher in accordance with the needs and expectations, by opening the present law to further regulation. the system of national education, as follows:
Chapter 1
Introductory provisions
Article 1. [ Regulatory scope] 1. The Act shall be subject to teachers, educators and other pedagogical staff recruited in:
1) public kindergartens, schools and institutions and institutions for the improvement of teachers acting on the basis of the Act of 7 September 1991. o system of education (Dz. U. of 2016 r. items 1943, 1954, 1985 and 2169 and from 2017. items 60 and 949), subject to paragraph. 2 points 1a, 1b and point 2 (a);
2) correctional facilities and shelters for minors operating on the basis of the Act of 26 October 1982. on the proceedings in the cases of minors (Dz. U. of 2016 r. items 1654 and from 2017 items 773);
3) (repealed)
4) public colleges of employees of social services.
1a. (repealed)
2. The Act shall also be subject, to the extent specified by the Act:
1) teachers appointed or diplomas employed in positions on which pedagogical qualifications are required, in:
(a) the offices of government bodies,
(b) educational curatoriums,
(c) a specialised surveillance unit,
(d) the Central Examination Board and the district examination committees,
(e) bodies exercising pedagogical supervision over correcting establishments, juvenile shelters and schools in detention facilities;
1a) teachers employed in public schools and school consultative points at diplomatic representations, consular offices and military representations of the Republic of Poland;
(b) teachers employed in public institutions of improving teachers with nationwide coverage, public institutions for the improvement of teachers in arts schools and public institutions for the improvement of teachers in vocational subjects who have been employed in the field of vocational education and training. teach in agricultural schools, as referred to in art. 5 par. 3b (1) (b) (b) (b) 3c and paragraph. 3d point 2 of the Act on the education system;
2) teachers recruited in:
(a) public kindergartens, schools and establishments run by natural persons and legal persons other than local government units,
(b) non-public kindergartens, non-public establishments referred to in paragraph 1. 1 point 1, and non-public schools with the authority of public schools;
3) teachers leave on the basis of the provisions of the Act of 23 May 1991. with trade unions (Dz. U. of 2015 items 1881);
4) workers employed by employers not mentioned in the mouth. 1 and paragraph. 2 points (1) to (3), the function of instructors for the practical instruction of the profession and the drivers of the practical instruction of the profession, having the qualifications specified for teachers of practical instruction in the profession and carrying out the teaching and educational work in the dimension to be provided for such teachers;
5) workers employed in the Volunteer Hufs Labour at the positions of educators, educators and in managerial positions, having the qualifications referred to in art. 9 ust. 1 point 1, performing a didactic and educational work at least half of the working time in force.
Article 2. [ Exemptions from the provisions of the Act] The provisions of the Act do not apply to soldiers in active military service and officers of Police and fire-fire:
1. occupying teachers ' positions in military schools and educational establishments and conducted by the Minister responsible for internal affairs and the bodies subordinate to or supervised by the Minister responsible for internal affairs;
2. designated for the performance of tasks outside the military and services subordinate to or supervised by the Minister responsible for the internal affairs, in the posts listed in art. 1.
Article 3. [ Definitions] Whenever there is a law in the law:
Teachers, educators and other pedagogical staff who are employed in kindergartens, schools and establishments listed in art shall be understood to be teachers without a proximal term. 1 (1) 1;
2) schools without a closer term-it is understood by this kindergarten, schools and establishments and other organisational units mentioned in art. 1 (1) 1, as well as their teams, respectively;
3) internship-this means the period of employment of the teacher in kindergartens, schools and institutions and other organisational units referred to in art. 1 (1) 1 and paragraph. In the case of teachers referred to in Article 2, point 2, in the dimension of at least 1/2 of the compulsory class, started and implemented in accordance with the rules laid down in Chapter 3a, shall be defined in accordance with the provisions of Chapter 3a. 9e ust. 1-3, equivalent to having an internship shall be the period of employment in those posts or the time of leave or exemption from the duty to provide work, respectively;
4) trade unions-it is understood by this trade union, of which the teacher is a member, and if the teacher is not a member of any union, then the professional association of the teachers ' association indicated by the teacher;
5. The education system shall be understood to mean the law referred to in Article 4 (5). 1 (1) 1 point 1;
6) the scientific degree of the doctor-it is understood by this also the degree of doctor of art.
Article 4. [ Scope of cooperation between government authorities with professional associations of teachers] 1. The principles of cooperation in the field of education and education of government bodies (bodies of local government units) with trade unions of teachers, which are not defined in the Act on trade unions, determine agreements concluded by the competent governmental authorities (authorities of local government units) with the competent authorities of those unions.
2. The regulations and regulations provided for by the law shall be agreed with the trade unions of teachers.
Chapter 2
Responsibilities of teachers
Article 6. [ Duties of a teacher] The teacher shall:
1. to carry out the tasks relating to the position entrusted to it and to the basic functions of the school: didactic, educational and caring, including the task of ensuring the safety of pupils during the classes organised by the school;
2) support each pupil in his development;
3) strive for its own personal development;
4) educate and educate young people in the love of the Homeland, in respect of the Constitution of the Republic of Poland, in an atmosphere of freedom of conscience and respect for each person;
5) take care of the formation in students of moral and civic attities in accordance with the idea of democracy, peace and friendship between people of different nations, races and worldviews.
Article 6a. [ Evaluation of the teacher's work] 1. The work of the teacher, with the exception of the work of a trainee teacher, shall be assessed. The evaluation of the teacher's work may be made at any time, but not earlier than one year after the assessment of the previous or appraisal of the work acquis referred to in Article 4. 9c par. 6, at the initiative of the school director or on request:
1) teacher;
2. the body exercising pedagogical supervision;
3. the school's leading authority;
4) the school board;
5) the board of parents.
2. The principal of the school shall be obliged to assess the work of the teacher within a period of not more than 3 months from the day of submission of the application, subject to the time limit specified in the paragraph. 1.
3. (repealed)
4. The assessment of the teacher's work is descriptive and is completed by a generative statement:
1) distinguished evaluation;
2. evaluation of the good;
3) negative assessment.
5. The evaluation of the teacher's work shall be carried out by the director of the school, who may consult the student council at the time of the performance of the teacher.
6. The evaluation of the work of the school head and of a teacher who is temporarily entrusted with the duties of the school head shall be carried out by the body performing the pedagogical supervision in consultation with the school's leading authority, and in the case where the school's leading authority is At the same time, it is the responsibility of the Member State to ensure that the quality of the
7. The body referred to in paragraph 1. 6, assesses the work of the school head after consultation with the school board and the association of trade union organisations in that school. When assessing the work of the Director, the provision of 2 shall apply mutatis mutandis.
8. The cost of the work shall be determined after the teacher has been acquainted with the project and shall have heard his observations and reservations.
9. From the established evaluation of the work, within 14 days from the date of its service, shall be entitled:
(1) a teacher, the right to lodge an appeal, through the head of the school, to the body responsible for the teaching of the school;
2) the head of the school and the teacher who has been temporarily entrusted with the duties of the school head-the right to request a re-establishment of the evaluation of his work to the authority which established that assessment.
10. The body referred to in paragraph 1. 9, appoints to consider the appeal or request of the assessment team. The assessment by the evaluation team shall not be entitled to an appeal.
11. (repealed)
12. Minister for Education and Education, and in relation to teachers of art schools, correctional establishments, juvenile shelters as appropriate-Minister for Culture and National Heritage and Minister of Education In agreement with the Minister for Education and Education, justice shall determine, by means of regulations, the criteria and mode of appraisal of the teacher's work, the procedure for appeal and the composition and method of appointment of the assessment team, with a view to ensuring an adequate level of work performed by the teacher.
13. The work of a teacher employed in a kindergarten, a facility or a school referred to in art. 1 (1) Article 2 (2) shall be assessed at any time at the request of the Director or at the initiative of the Director or at the request of the leading authority. The work of the teacher entrusted with the position of a director in a kindergarten, a facility or a school referred to in art. 1 (1) 2, point 2 shall be assessed at the request of the operator or at the request of the operator. Where a preschool, institution or school head is a person who does not have a pedagogical qualification, the evaluation of the work of teachers shall be carried out by a teacher who is authorised by the leading authority. The provisions of the paragraph 4-10 and 12 shall apply mutatis mutandis.
Article 7. [ School Director] 1. The School shall be headed by the Director, who shall be her representative outside, the manager of all the staff of the school, the Chair of the Pedagogical Council. The Director shall take care of children and young people studying at school.
2. The principal of the school shall be responsible in particular for:
1) didactic and educational level of the school;
2) the implementation of tasks in accordance with the resolutions of the pedagogical council and the school board, undertaken within the framework of their respective constituting, and the management of the school's supervisory bodies;
3) creating conditions for the development of self-government and self-employment of pupils and pupils;
4. to provide assistance to teachers in the performance of their tasks and their professional training;
5. to ensure, as far as possible, appropriate organisational conditions for the implementation of teaching and caring-education;
6) to ensure the safety of pupils and teachers during classes organised by the school.
3. (repealed)
Article 8. [ Bodies entitled to exercise pedagogical supervision] The bodies authorised to exercise pedagogical supervision and the rules for exercising that supervision shall lay down separate provisions.
Chapter 3
Qualification requirements
Article 9. [ Qualification for the position of the teacher] 1. A teacher's position may occupant a person who:
1) have a higher education with appropriate pedagogical preparation or have completed a teacher training establishment and undertake work on the position to which they are sufficient qualifications;
2) comply with the basic moral principles;
3) meets the health conditions necessary for the pursuit of the profession.
1a. (repealed)
2. The Minister for Education and Education and, in relation to teachers of art schools, the Minister for Culture and the Protection of National Heritage, in consultation with the Ministers concerned, by means of a regulation, sets out detailed qualifications required of teachers, indicating in particular the level of education and its scope in relation to the different types of schools and establishments, conditions for obtaining qualifications to teach foreign languages, also through examinations knowledge of the language and the list of these exams and may specify schools and accidents in which Whereas it may be possible to hire teachers who are not in higher education or have completed a teacher training establishment, taking into account in particular the need for vocational training.
3. The Minister of Culture and National Heritage may define, by means of regulations, art schools and art education establishments, where teachers ' positions may be occupied by persons having completed the school The second stage of artistic education is the second step in the direction corresponding to the subjects taught, taking into account, in particular, the types of schools and educational establishments in which the staff of teachers with a completed artistic school may be recruited. degree.
Chapter 3a
Professional promotion of teachers
Art. 9a. [ Degrees of Promotion of Vocational Teachers] 1. The degree of promotion of professional teachers shall be established:
1) a trainee teacher;
2) Contract teacher;
3) a teacher appointed;
4) a diplomat teacher.
2. A person who does not have a degree of promotion on the day of establishment of the school relationship shall obtain the degree of trainee teacher, subject to the provisions of the paragraph. 3.
3. Academic teachers with at least three years of work at a higher school or a person with at least five years of work and a significant professional body obtain from the date of establishing a relationship at the school the teacher's degree contracting, subject to paragraph (a). 4.
4. Academic teachers, having a degree of scientific and legitimacy of at least three years of work at a higher school, on the date of establishing the employment relationship in the college of social workers shall be given the degree of appointive teacher.
Article 9b. [ Conditions for granting a further degree of professional promotion to the teacher] 1. The condition of giving the teacher the next degree of professional promotion is the fulfilment of the qualification requirements referred to in art. 9 ust. 1 point 1 and paragraph 1. 2 and 3, you have an internship, subject to art. 9e ust. 1-3, completed with a positive assessment of the vocational training of the teacher referred to in art. 9c par. 6, and:
1) in the case of a trainee teacher-obtaining acceptance of the qualification committee after the interview has been conducted;
2) in the case of a contract teacher-the sentence of the examination before the examination board;
(3) in the case of a teacher appointed, the acceptance of the qualification committee after the examination of the teacher's work and the interview carried out.
2. The qualification or examination commissions referred to in paragraph 2. 1, conduct qualifying or examination proceedings, as appropriate, at the request of the teacher addressed to the head of the school or of the competent authority referred to in paragraph 1. 4 points 2 to 4.
(3) The competent authority referred to in paragraph 3 shall apply to the teachers who submit their application for a qualification or examination as appropriate by 30 June of the year in question. 4, it shall issue a decision to grant or refuse to grant a degree of promotion within the period until 31 August of the year in question.
3a. Teachers who apply for a qualification or examination procedure, as appropriate, by 31 October of the year in question, the competent authority referred to in paragraph 1 shall be submitted to the competent authority referred to in paragraph 1. 4, it shall issue a decision to grant or refuse to grant a degree of promotion within the period until 31 December of the year concerned.
4. The teachers who meet the conditions referred to in paragraph 4. 1, and to teachers employed in art mode. 9a ust. 3 or 4, by means of an administrative decision, the degree of professional promotion shall give:
1) teacher trainee the degree of contract teacher-school principal;
2) the contract teacher of the degree of the appointed teacher-the body leading the school;
(3) a teacher to the appointed degree of a diplomatic teacher, a body responsible for the supervision of pedagogical supervision;
4) the teachers referred to in art. 1 (1) 2 points 1 and 1b and art. 9e ust. 3, appropriate degree-competent minister.
5. The act of granting a degree of promotion shall include, in particular: the name of the qualification or examination committee, the number and date of the certificate of acceptance or the passing of the examination, the degree of promotion of the professional, and the information of the level teacher education. In the event of a degree of professional promotion under the law or in the manner set out in the Article 9a ust. 3 or 4 of the act of giving a degree of career promotion shall not include, respectively, the name of the committee of qualification or examination, the number and the date of issue of the certificate of acceptance or passing of the examination.
6. In the case of failure by the teacher to meet the conditions referred to in paragraph. 1, the head of the school or the competent authority referred to in paragraph 1. 4 paragraphs 2 to 4, denying the teacher, by administrative decision, to grant a degree of promotion.
7. Organs of a higher degree within the meaning of the Code of Administrative Procedure in the cases referred to in paragraph. Paragraphs 1 to 3 and paragraphs 1 to 3. 6, are respectively:
1) in relation to the head of the school, the body leading the school;
2. in relation to the body of the school presenter, the body performing the pedagogical supervision;
3) in relation to the body exercising the pedagogical supervision-the competent minister.
Art. 9c. [ Staż before obtaining a further degree of career promotion] 1. Staż, subject to paragraph. 2, in case of applying for promotion to the degree of:
1) contract teacher-9 months;
2) a teacher appointed and a diplomat teacher, 2 years and 9 months.
2. A contractual teacher or a teacher appointed with at least a doctoral degree may apply to obtain a further degree of professional promotion after having completed an internship lasting a year and 9 months. The head of the school may be a contract teacher who has been promoted in the manner prescribed by the Article. 9a ust. 3 and seek to obtain a degree of appointment as a teacher, shorten the internship to a year and 9 months.
3. During the internship, the teacher shall implement his own professional development plan approved by the school head, taking into account the requirements referred to in art. 9g par. 10. After the end of the internship, the teacher submits a report to the school head on the implementation of this plan.
3a. A teacher who is appointed, who is applying for promotion to the degree of a diplomat, for the fulfilment of the relevant requirements referred to in the provisions adopted on the basis of Article 3 of the Rules of Association. 9g par. 10, it shall also be considered to be the relevant professional acquis, with particular reference to the period from the date on which the appointment of the teacher is to be obtained.
4. The trainee teacher and the contract teacher serving the internship director of the school shall assign to the teachers appointed or diploma, including in kindergartens, schools and institutions referred to in art. 1 (1) 2 point 2, a trainee teacher and a contract teacher may also be a manager for a managerial position.
5. The task of the trainee of the internship referred to in the mouth. 4, it is the provision of assistance to the teacher, in particular in the preparation and implementation of the teacher's professional development plan during the period of internship, and the development of a draft assessment of the vocational education of the teacher for the period of internship.
6. The price of the teaching of the teacher for the period of internship shall be determined, within a period of not more than 21 days from the date of submission of the report referred to in paragraph. 3, taking into account the degree of implementation of the teacher's professional development plan, the school principal:
1) in the case of a trainee teacher and a contract teacher-after becoming acquainted with the draft assessment developed by the trainee of the internship and after consulting the parents ' council;
2) in the case of a teacher appointed after consulting the parents ' council.
7. The parents ' council should present its opinion within 14 days from the date of receipt of the notification of the evaluation of the vocational education of the teacher. Failure to present the opinion of the parents ' council shall not withhold the proceedings referred to in paragraph 1. 6.
8. Assessment of the vocational education of the teacher can be positive or negative. The assessment shall be drawn up in writing and shall state the reasons for the assessment and the possibility of appeals.
(9) From the appraisal of the professional acquis, the teacher shall be referred to the body responsible for supervision within 14 days from the date of its receipt. The body responsible for the pedagogical supervision shall examine the appeal within 21 days. The appraisal of the teacher's work established by the body responsible for the supervision of the teaching staff is final.
10. In the case of failure by the body responsible for the pedagogical supervision of the time limit for consideration of the appeal referred to in paragraph. 9, the teacher shall be admitted as appropriate to the interview referred to in art. 9b ust. 1 point 1, the examination referred to in art. 9b ust. 1 point 2, or may apply for the acceptance of the commission referred to in Article 1. 9b ust. 1 point 3.
11. Where the final assessment of the teacher's acquis is negative, the reassessment of the acquis may be carried out after the appointment, at the request of the teacher and with the consent of the school head, of one additional internship at the time of 9 months.
Art. 9d. [ The date for the start of the internship for the next step of promotion.] 1. The teacher shall begin the internship with the beginning of the school year, but not later than within 14 days from the day of commencation of the classes, upon his application addressed to the school head, with the fact that the trainee teacher starts the internship without submitting an application.
2. In the case of establishment of the employment relationship after the expiry of the period referred to in paragraph. 1, the teacher does not start the internship until the end of this school year.
3. The provisions of the paragraph. 1 and 2 shall also apply to the additional internship referred to in Article 2. 9c par. 11 and art. 9g par. 8.
4. A contract teacher may commence an internship to a degree of teacher appointed after having worked at least two years in school, and a teacher appointed may start an internship at a degree of teacher training after having worked at school for at least a year from the date on which the previous degree of promotion was granted.
5. In the absence of a teacher at work due to temporary incapacity for work as a result of illness, exemption from the obligation to provide work or leave other than holiday leave and leave referred to in paragraph. The duration of this absence shall be extended for a period of not more than one month. In the absence of longer than one year, the teacher shall be obliged to retake the internship in full time.
5a. In the absence of a teacher at work on the grounds of maternity leave, maternity leave, additional maternity leave, additional leave on the terms of maternity leave, parental leave, or leave Fatherly, the internship shall be extended for the duration of that absence. Where the total duration of uninterrupted absence from work for the reasons referred to in the first sentence and the first subparagraph of paragraph 1 (a) is not applicable. 5, it is longer than a year and 6 months, the teacher is obliged to retake the internship in full dimension.
6. A contract teacher and a teacher appointed may interrupt the internship at the request at any time. In the event of a re-start, the internship shall take place in full time.
7. The trainee teacher and the contract teacher shall submit an application for the appropriate qualification or examination procedure in the year of obtaining a positive assessment of the professional acquis for the period of the internship. A teacher may submit an application for a qualification procedure within a period of 3 years from the date of receipt of the positive assessment of the professional acquis for the period of the internship. In the event of failure to submit applications, the teachers shall be obliged to retake a full-time internship.
8. The head of the school annually, in the organization sheet of the school referred to in separate regulations, shall state the number of teachers, broken down by step of career promotion, acceding to the proceedings of qualification or examination in the school year, for which the relevant organisational sheet is concerned, and shall indicate the time limits for the submission of requests by teachers to take these proceedings.
9. Teachers directed to work abroad in order to help teach Polish language, history, geography, Polish culture and other subjects taught in Polish in non-Polish language environments after returning to work in Polish school may apply for an assessment of the promotion to the degree of appointment teacher or qualification for a promotion to a degree of teacher training after serving a year and 9 months, respectively.
Art. 9e. [ Eligibility of the promotion to the degree of the diplomat's teacher] 1. The head of a school holding a continuous working period of at least 3 years, and in the case of a teacher having at least a doctoral degree of a doctor of at least 2 years and a legitiniated distinguished work assessment, may apply for a qualifying procedure for a promotion to a degree of promotion at the level of a diplomatic teacher after a period of 4 years from the date of the appointment of the appointed teacher and, in the case of a teacher with at least a doctoral degree, after 3 years of age years.
2. A teacher appointed as referred to in art. 1 (1) 2 points (1) and (1b), employed as a post where professional qualifications are required, having a continuous working period of at least 3 years, and in the case of a teacher having at least a doctor's scientific degree of at least 2 years, may apply for a qualification procedure for promotion to the degree of a diplomatic teacher after a period of 4 years from the date on which the appointment of the teacher is appointed, and in the case of a teacher having at least a doctoral degree after 3 years.
3. A holiday teacher or a waiter of the duty to provide work on the basis of the provisions of the Act referred to in art. 1 (1) Article 2 (2) (2), which has a period of leave or exemption from the obligation to provide work lasting for at least three years, may apply, as appropriate, an application for an examination procedure for a promotion to the degree of a teacher appointed or an application for an examination to take a qualifying procedure for a promotion to a degree of teacher of diplomat after 5 years from the date of the grant of the contract teacher and after 4 years from the date of the appointment of the degree of the teacher appointed.
4. Teachers who, in a given school year, ceased to take up the position of the school head, ceased to be employed in the post where the pedagogical qualifications are required, and the teachers appointed, who have the choice of the trade union functions, who have been appointed to the school. If you are a member of the State of the European Union, you are entitled to a qualified teacher who is a member of the State of the European Union, who is a member of the State of the European Union. started on 1 September of the school year immediately following this year school.
5. If, during the period of internship, a teacher is appointed as the head of the school, he has been employed as a post where teaching qualifications are required, leave him or dismissed from the duty to provide work, until the uninterrupted period of time, of which Paragraph 1. 1-3, there is a period of internship.
Art. 9f. [ Assessment of the professional acquis] 1. A teacher who, in the course of his professional work, has obtained a higher level of education than that specified in the act of granting a degree of promotion, the head of the school or the specified body referred to in art. 9b ust. 4 points 2 to 4, issue a new act of giving an appropriate degree of promotion to the teacher at the request of the teacher, taking into account the level of education obtained.
2. The contract teacher and the appointed teacher who, during the period of the internship, changed the place of employment, to the internship referred to in art. 9c par. Article 1 (2), includes the period of internship so far, if they have undertaken employment at school no later than 3 months after the termination of the previous employment relationship and have received a positive appraisal of the apprative acquis for the period of internship so far.
3. The price referred to in the paragraph. 2, account shall be taken of the evaluation of the professional work of the teacher for the duration of the internship.
Art. 9g. [ Qualification and Examination Committee] 1. Qualification commission for teachers applying for promotion to the degree of contract teacher appoints the school principal. The committee shall be composed of:
1) the director (deputy director), as its chairman;
(2) the chairman of the (parental) team, and if such a team has not been appointed in that school, a teacher appointed or qualified in a school, and in the case of a kindergarten, school or establishment referred to in art. 1 (1) 2 (2) in which teachers are not appointed or qualified teachers; contract teacher;
3) a trainee for the internship.
2. Examination committee for teachers applying for promotion to the degree of teacher appointed shall be appointed by the school presenter. The committee shall be composed of:
1. a representative of the school's authority as its chairman;
2. the representative of the body responsible for the pedagogical supervision;
3) the principal of the school;
4) two experts from the list of experts established by the minister competent for education and upbringing.
3. The qualification committee for teachers applying for promotion to the degree of teacher education shall be appointed by the body responsible for the supervision of pedagogical supervision. The committee shall be composed of:
(1) a representative of the teaching authority, as its chairman, and in the case of the teacher referred to in Article 4, the Council shall be responsible for the purposes of the procedure. 9e ust. 1-also a representative of the school's authority;
(2) the head of the school, except where the head of the school applies for promotion;
3) three experts from the list of experts established by the minister competent for education and upbringing.
4. In the work of the committees referred to in paragraph. 1-3, unless they are part of it, may also take part as an observer representative of the school body and the body performing the pedagogical supervision.
5. At the request of the teacher, the committee shall be composed of the committees referred to in paragraph. 1-3, there is a representative indicated in the application of the trade union.
5a. A trade union representative shall indicate the competent authority of the association.
6. Qualification commission for teachers as referred to in art. 9e ust. 2, applying for promotion to a degree of teacher education shall be appointed by teachers in the case of teachers employed in:
1) the office of the minister responsible for education and education, education curatorias, the Central Examination Board, district examination committees and the public institution for the improvement of teachers with nationwide coverage-minister competent to education and education;
2) the office of the minister responsible for culture and the protection of the national heritage, the specialist supervision unit and the public institution of the improvement of the art school teachers-minister competent for culture and heritage protection national;
3) bodies exercising pedagogical supervision of correcting establishments, shelters for minors and schools in detention facilities-the Minister of Justice;
4) the office of the minister responsible for social security and provincial offices-the minister responsible for social security;
5) the office of the minister responsible for agriculture and the public institutions for the improvement of teachers in vocational subjects who are taught in agricultural schools, the minister responsible for agriculture.
6a. The composition of the selection committee referred to in paragraph 1 shall be composed of the following: 6, enter:
1) a representative of the competent minister;
2) the manager of the unit in which the teacher applying for promotion is employed, or his representative, except when applying for promotion by the head of the unit;
3) three experts from the list of experts established by the minister competent for education and upbringing.
The provisions of the paragraph 5 and 5a shall apply mutatis mutandis.
7. Examination or qualification committee for teachers referred to in art. 9e ust. In the case of a qualified teacher or a teacher, the Minister shall be appointed by the Minister responsible for the education and education.
7a. The composition of the committee referred to in paragraph 1. 7, enter:
1) a representative of the competent minister;
2) the head of the school, from which the teacher has been left unpaid or exempted from the duty to provide work;
3) three experts from the list of experts established by the minister competent for education and upbringing.
The provisions of the paragraph 5 and 5a shall apply mutatis mutandis.
8. A teacher who has not obtained an acceptance or did not pass the examination respectively before the committees referred to in paragraph. 1-3, may again apply for a qualification or examination procedure after serving, at the request of the teacher and with the consent of the school head, an additional internship in the dimension of 9 months, with the following:
1) a trainee teacher and a contract teacher may rejoin the interview with the qualification committee or the examination board for only one time at a given school;
2) a teacher appointed in the event of a second failure to receive acceptance before the next request to obtain acceptance of the qualification committee shall be obliged to hold the internship in the dimension specified in art. 9c par. 1 point 2.
8a. The teachers referred to in art. 9e ust. 1-3, who have not received an acceptance or have not passed the examination, may again apply for a qualification or examination procedure after the year.
9. The qualification or examination committee shall issue a certificate to the teacher for the acceptance or passing of the examination accordingly. The register of issued attestations shall be carried out by the head of the school or the body which appointed the committee respectively.
10. The Minister for Education and Education will determine, in agreement with the Minister for Culture and Protection of the National Heritage, the Minister of National Defence and the Minister of Justice, by way of regulation:
1) the way of the internship,
2) the type of documentation attached to the application for the application of a qualification or examination procedure,
3) the scope of requirements to obtain individual degrees of promotion,
4) mode of operation of the committee of qualification and examination,
(5) models of attestations to obtain acceptance or passing of the examination and models of acts of conferring degrees of promotion
-having regard to the need to step up and diversify the requirements of teachers on individual degrees of promotion, and the need for proper conduct of qualification and examination procedures.
11. A list of experts shall be carried out by the Minister responsible for education and education.
11a. A list of experts may be included in the list of persons who:
1) has at least a higher master's degree;
2) is a Diplomat Teacher;
3) she worked after obtaining the degree of a teacher of diplomat at least 3 years and at that time completed with the result of positive training for the candidates for experts organized by the public institution of teacher improvement referred to in art. 5 par. 3b, point 1 (a) b of the Act on the Education System, or a public institution for the improvement of the art school teachers, referred to in art. 5 par. 3c of the Act on the education system; the requirement to complete the training shall not apply to persons referred to in point 5 (a) having a doctoral degree or a doctorate of art;
4) has at least 10 years of pedagogical, psychological, scientific-didactic or artistic work;
5) meets one of the following conditions:
a) is an academic teacher employed in a higher school, educating teachers, educators and other pedagogical staff, referred to in art. 1 (1) 1,
(b) he is a teacher employed in a kindergarten, a school, a facility or any other organisational unit referred to in art. 1,
c) is a consultant cooperating with the Centre for Artistic Education;
6) meets the conditions referred to in art. 10 para. 5 points 1 to 4;
7) she was not legally punished with a disciplinary penalty;
8) has obtained a recommendation, containing a description of the vocational education of the teacher or academic teacher, issued by the institution or association acting in the system of education and education, higher education and science or on their behalf, or Teachers ' union.
11b. In the case of a person fulfilling the condition referred to in the paragraph. 11a point 5 (c), the entry for the list of experts follows the acceptance of the Minister for Culture and National Heritage protection.
11c. Strikethrough from the list of experts shall follow:
1) at the request of the expert;
2. on the reasoned request of the authority appointing the examination or qualification committee or the body exercising the pedagogical supervision in the case of:
(a) twice the unjustifiable failure to participate in the work of the examination or qualification committee, the expert in which he has been appointed,
(b) failure to comply with the provisions relating to the examination or qualification procedure;
3. in the event of failure to comply with the conditions referred to in paragraph. 11a (5) and (6);
4. in the event of a final punishment of disciplinary punishment;
5) in the event of an entry in violation of the law.
11d. Entry to the list of experts, refusal of entry and deletion from the list shall be made by the administrative decision of the Minister competent for education and education.
12. The Minister for Education and Education will determine, in agreement with the Minister for Culture and Protection of the National Heritage, the Minister of National Defence and the Minister of Justice, by means of a regulation, the framework of the training programme candidates for experts, the manner in which the list of experts is conducted, the mode of entry and deletion of experts from the list, taking into account, in particular, the basic content of the training programme and the minimum length of training hours, as well as documents required of applying for an entry for the list of experts and the scope of the data covered by the alert list.
Art. 9h. [ Supervision of proceedings for the degree of promotion of professional promotion] 1. Supervision of activities undertaken in the proceedings to give teachers the degree of promotion of professional activity by:
1) school heads, school bodies and commissions referred to in art. 9g par. 1 and 2, shall be exercised by the body responsible for the supervision of pedagogical supervision;
(2) the bodies responsible for the pedagogical supervision and the committees referred to in Article 4 (2) of the EC-law. 9g par. 3, 6a and 7a-holds the competent minister.
2. The activities referred to in paragraph 2. 1, taken in violation of the provisions of the Act, provisions on the qualifications of teachers or the provisions issued on the basis of art. 9g par. 10 are invalid. The validity of the action shall be determined by an administrative decision, by way of an administrative decision, or by the competent minister responsible for the supervision of the competent authority
Art. 9i. [ The title of honorary professor of education] 1. Diploma teacher, having at least a 20-year period of work in the teaching profession, including at least 10 years of work as a diploma teacher, and a significant and recognised professional body, at the request of the Professors ' Affairs Chapters The education can be given by the minister competent for education and education of the honorary professor of education.
1a. Members of the Educational Chapter of the School of Education shall establish and refer to the Minister for Education and Education.
2. Applications to the Chapter for granting the title of honorary professor of education shall be submitted by the body exercising the pedagogical supervision.
3. The Minister for Education and Education, in agreement with the relevant ministers, shall determine, by regulation, the way in which members of the Chapter are appointed and cancelled, the mode of operation and the way in which the administrative and office service is handled, the criteria for making the appraisal of the professional work of the teacher submitted for the title of the honorary professor of education, the manner and modalities of the application for this title, taking into account, in particular, the independence of the Chapter in the examination of applications and the implementation of the comprehensive assessment of the teacher's work acquis.
Chapter 4
Establishment, change and termination of employment
Article 10. [ Establishing a working relationship with the teacher] 1. The relationship of work with the teacher shall be established in the school, and in the case of the appointment of the school team as a separate organizational unit-in the school team on the basis of a contract of employment or appointment, subject to the paragraph. 8.
2. With the person who possessed the required qualifications, subject to the paragraph. 3, and commencing work at school, the employment relationship shall be established on the basis of a fixation contract for one year of school in order to have an internship required to obtain a promotion to the degree of contract teacher, subject to the paragraph. 7. In the cases referred to in art. 9c par. 11 and art. 9g par. 8, in the event of the establishment of an additional internship, with the trainee teacher the ratio of fixedterm work shall be established for the next one school year.
3. In special cases justified by the needs of the school with the person referred to in the paragraph. 2, which is a required level of education, but which does not have a pedagogical preparation, an employment relationship may be established if the person undertakes to obtain a pedagogical preparation in the course of the internship. If a teacher during the first year of work in a school does not receive a pedagogical preparation for reasons beyond the control of the teacher, the teacher may be provided with a contract of work for the next one school year. The internship required to apply for a promotion to the degree of contract teacher shall be extended until such time as the pedagogical preparation is obtained.
4. The relationship of work with the contract teacher shall be established on the basis of a contract of employment concluded for an indefinite period, subject to the paragraph. 7.
4a. (repealed)
5. The application of work with the appointed teacher and with the diploma teacher shall be established on the basis of the appointment if:
1) holds Polish citizenship, except that this requirement does not apply to nationals of a Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA)-the parties to the agreement on the European The Economic Area;
2) has full capacity for legal acts and enjoys public rights;
3) there is no criminal proceedings against him in the case of a deliberate offense prosecuted either from public prosecutions or disciplinary proceedings;
4) he was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;
4a) has not been legally punished by the disciplinary penalty referred to in Article 4 (a). 76 (1) 1 point 3, within 3 years prior to the establishment of the employment relationship or the disciplinary penalty referred to in art. 76 (1) 1 point 4;
5) possess the qualifications required to occupies a given position;
6) there are conditions for the employment of a teacher in a full-time school for an indefinite period of time.
(5a) A work relationship established on the basis of an indefinite contract of employment shall be converted into a labour relationship on the basis of the appointment of the first day of the calendar month following the month in which:
1) the teacher has obtained the degree of the teacher appointed, provided that the conditions set out in the mouth are fulfilled. 5;
2) in the case of a teacher appointed or a diplomat during the duration of the contract of employment, the conditions referred to in paragraph shall be fulfilled. 5.
5b. The education of the legal basis of the employment relationship referred to in paragraph 5. 5a, confirms in writing the principal of the school.
6. In the absence of conditions for the employment of the teacher referred to in the paragraph. The employment relationship with the appointed or diploma teacher shall be established on the basis of a contract of work for an indefinite period of time, subject to paragraph 6. 7.
7. In the event of a need arising from the organization of teaching or the replacement of the absent teacher, including during the school year, with the person starting work in the school, with the contract teacher or with the teachers referred to in the mouth. 5, the employment relationship shall be established on the basis of a fixation contract.
8. A working relationship with a teacher who does not meet the conditions referred to in the paragraph may not be established. 5 points 2 to 5, subject to paragraph. 9.
8a. In order to confirm the fulfilment of the condition referred to in paragraph. 5 point 4, the teacher, before the employment relationship is established, is obliged to present to the director of the school an information from the National Criminal Register.
8b. In order to confirm the fulfilment of the condition referred to in paragraph. 5 pt. 4a, the head of the school, before working with the teacher, is obliged to consult the register referred to in art. 85w ust. 1, in accordance with the procedure laid down in Article 85y ust. 1a.
9. In the case referred to in paragraph. 7 if there is no possibility of hiring a person who has the required qualifications, a teacher who does not meet the condition mentioned in the paragraph may be employed with the consent of the authority exercising the pedagogical supervision. 5 point 5.
10. To teachers employed on the basis of the paragraph. 9. the provisions of Chapter 3a shall not apply. For wage purposes, these teachers are treated as trainee teachers.
11. In the case of a teacher employed on the basis of a paragraph. 7, having the requisite qualifications, on request, shall be waivedby the application of the provisions of Chapter 3a. For wage purposes, these teachers are treated as trainee teachers, unless they have a higher level of professional promotion than an intern.
Article 11. [ Types of establishment relationship with the teacher] The head of the school shall establish a working relationship with the teacher on the basis of a contract of employment or appointment as appropriate to the qualifications held by the teacher and according to the degree of professional promotion held by the teacher.
Article 11a. [ Service ID] 1. The head of the school, at the request of the teacher, shall issue a teacher with a service card.
2. The principal of the school may charge for the issue of the pass of the card in the amount not exceeding the cost of manufacturing the document
3. The Minister responsible for education and education shall determine, by means of a regulation, the model and the mode of issuing the official identity card referred to in paragraph 1. 1, taking into account in particular the need for the provision of employment as a teacher, as well as the period within which the principal of the school is obliged to issue the legitimacy.
Article 12. [ The teacher's rights] 1. The teachers employed on the basis of the appointment shall not be subject to the subordination to the service specified in other legal provisions for the appointed State officers.
2. The teacher in the implementation of the curriculum has the right to freedom of application of such teaching and education methods, which he considers to be the most appropriate among the pedagogical sciences recognized by contemporary science, and to choose from among approved for school use textbooks and other scientific assistance.
3. The teacher should raise his or her general and professional knowledge, using the right of priority to participate in all forms of professional improvement at the highest level.
Article 13. [ Appointment of work on the basis of the appointment] The employment relationship on the basis of the appointment shall be made on the date specified in the instrument of appointment and, if that date is not determined, on the date of service of that act.
Article 14. [ Act of appointment and contract of employment] 1. The act of appointment and the contract of employment shall, in particular, specify:
1) position and place of work;
2) the deadline for starting work;
(3) the remuneration or the rules for fixing it.
2. In the case of employment in the school assembly, the appointment and employment contract should also specify the types (types) of the schools in the ensemble in which the teacher works.
Article 15. [ Vows to give the degree of appointment of a teacher] In the appointment of a teacher, the appointed teacher shall make a vow by confirming it with the signature, according to the following rota:
" I vow to be honest with my duty to educate and educate young people, to pursue the full development of the personality of the pupil and of his own, to educate and educate the young generation in the spirit of love for the Fatherland, the national traditions, respect for the Constitution. The Republic of Poland. '
The oath can be made with the addition of words: "So help me God.".
Article 16. [ Termination of the employment relationship established on the basis of a appointment or a contract of employment] The employment relationship established on the basis of the appointment or employment contract shall expire if the newly hired teacher does not justify during the 7 days of his non-accession to work, unless otherwise provided for in specific provisions.
Article 17. [ Managerial Positions at School] 1. The rules of entrusting managerial positions in the school shall specify separate regulations.
2. Teachers appointed or qualified at the position of the education curator and teachers who are going to work in government offices, education courses, the Central Examination Board, the district examination committees, specialised supervision units as well as in pedagogical supervision of fixtures and shelters for minors for posts requiring pedagogical qualifications and teachers with whom the employment relationship has been established on the basis of choice for the term of the function of choice, receive free leave for the duration of their occupations or for the performance of these functions.
2a. Teachers addressed in accordance with the provisions of the regulations issued on the basis of art. 22 par. 1 point 3 of the Law on the education system to work in schools operating under the Convention on the Statute of the European Schools, hereinafter referred to as "European Schools", shall be granted leave of unpaid leave for the time of referral.
3. The teachers referred to in the paragraph. 2 and 2a, taking up the position of the head of the school, shall be required to resign from the post in question before giving them the free leave referred to in paragraph 2. 2 and 2a.
Article 18. [ Move teacher to other school] 1. A teacher employed on the basis of his appointment may be transferred at his own request or from the office with his consent to another position in the same or another school, in the same or another locality, for the same or other position.
2. Transfer of the teacher from office, in the mode specified in the mouth. 1, to another locality may take place provided:
1) provide a teacher in a new workplace appropriate to his/her home state and a place of work for the spouse, if he is a teacher.
2) (repealed)
3. (repealed)
4. The transfer of a teacher employed on the basis of his appointment to another school shall be carried out by the director of the school to which the teacher is to be transferred, after having consulted the authority leading the school and with the consent of the school head, in which the teacher shall be employed, subject to paragraph (a). 5.
5. The revelations of a teacher of a religion employed on the basis of his appointment, which he has received on the basis of separate provisions for referral to another school, shall be made by the principal of the school to which the teacher has received the referral, in agreement with the director the school in which the teacher is employed, and after informing the authorities conducting these schools.
Article 19. [ The transfer of the teacher resulting from the need to provide a school of cast] 1. In the event of the need to provide a teacher's position as a teacher with the required qualifications corresponding to the school curricula, the school's leading authority may transfer the teacher employed on the basis of his appointment to the school. without the teacher's consent, but for a period of not more than 3 years, with the right to return to the post previously occupied.
2. In the case referred to in paragraph. 1, and concerning work in another school in another locality, the teacher shall have:
1) a four-day working week;
2) allowance for the burdensome work of 20% of the basic salary;
3) accommodation in the place of temporary employment.
Article 20. [ Termination of the employment relationship with the teacher in connection with the liquidation of the school] 1. Director of the school in the event of:
1) the total liquidation of the school resolves with the teacher the employment relationship;
(2) a partial liquidation of the school or, in the case of organisational changes resulting in a reduction in the number of branches in the school or changes in the curriculum, which prevent the teacher from continuing to employ a full-time teacher, solves the employment relationship with him or, at the request of the teacher, he shall transfer him into an inactive state. A teacher employed on the basis of his appointment may give his consent to the restriction of employment in accordance with the procedure laid down in Article 22 par. 2.
2. A teacher employed on the basis of his appointment, with whom the employment relationship has been resolved for the reasons set out in the paragraph. 1, shall be entitled to a payment of six months ' basic salary. A teacher employed on the basis of a contract of employment with which the employment relationship has been resolved for the reasons set out in the paragraph. 1, the benefits specified in the provisions on specific rules for the settlement of labour relations workers on the grounds of non-employees are entitled to.
3. The termination of the employment relationship for the reasons set out in the mouth. 1 shall take place at the end of the school year after the previous three months ' notice, subject to paragraph 1. 4.
4. The condition of termination of the employment relationship at the end of the school year does not apply to teachers of schools where there are no school teachers, teachers of continuing education institutions and teachers in schools where the end of the cycle is not provided for in the work organisation education is followed during the school year.
5. The period of notice may be reduced to 1 month, except that in such cases the teacher shall be entitled to compensation for the remainder of the period of notice in the amount of the salary calculated as for the period of leave. The period for which compensation is granted shall be included in the teacher remaining in that period without working for the period of employment.
The intention to give notice to the teacher of the employment relationship for the reasons set out in paragraph 5a. 1 point 2 the head of the school shall notify the representative of the (inter-establishment) association organization which, within 7 days from the date of receipt of the notice, may submit to the director of the school the motivated reservations in writing.
5b. After considering the position of the trade union organisation, and in the event that it does not claim its position within the time limit set, the head of the school shall take a decision on the decision to give notice.
5c. The appointment is ineffective in the case of submission by the teacher, within 30 days from the date of service of the termination of the employment relationship on the grounds referred to in the paragraph. 1 point 2, written request for transfer into an inactive state. At the end of the six-month period remaining in a state of inaction, the employment relationship shall expire. The expiry of the employment relationship causes the teacher to have the effects which the provisions of the law relate to the termination of the employment relationship on grounds relating to the establishment of a job in the field of pension benefits
6. A teacher transferred to an inactive state shall retain the right to a monthly basic salary and the right to other employee benefits, including the social allowances referred to in art. 54, until the termination of the employment relationship.
7. The principal of the school is obliged to restore the teacher in the first place in the absence of the possibility of taking a full-time job by the teacher for an indefinite period of time, or for a period of time for which he/she an agreement has been concluded, at the same school, on the same or a different position, provided that the teacher has the required qualifications. The refusal to work by the teacher shall result in the termination of the employment relationship with the date of refusal.
8. In cases of the need to implement a curriculum in the same or another school, a teacher who is in a state of emergency may, at his/her request or at the request of the school head, take up work according to the required qualifications in an incomplete or full-time period, but for a period not longer than the period of the inactivated state. For the performance of the work, the teacher is entitled to a salary, irrespective of the amount of remuneration paid for remaining in a non-active state.
Article 21. [ Reimbursement of transfer costs] 1. In the case of transfer of the teacher, he shall be entitled to reimbursement of the transfer costs according to the rules laid down in separate provisions for employees of the public
2. A teacher changing his place of residence in connection with the transfer shall be exempt from duty of duty for an appropriate period of time, not longer than 7 days.
Article 22. [ Restriction on the employment of the appointment of a teacher] 1. The school's authority may impose on the teacher the obligation to undertake work in another school or schools and on the same or-with his/her consent-in another position, to supplement the weekly compulsory dimension of the teaching activities, educative or caring in a dimension of no more than 1/2 of the compulsory class dimension. In the event of disagreement, the teacher receives a salary for the part of the compulsory class.
2. The principle of limitation of the employment of a teacher employed on the basis of a appointment to a dimension not less than 1/2 of the compulsory class dimension and a proportional reduction of the salary may be-with the consent of the teacher-applied also in the accident, when for the reasons referred to in Article 20 para. 1, there is no possibility to employ a full-time teacher and there are no conditions to supplement the weekly compulsory dimension of teaching, educational or caring activities in another school. In the absence of the consent of the teacher employed on the basis of the appointment of a reduction in the employment dimension and a proportionate reduction of the remuneration, the provisions of Article 4 20.
2a. In the case of termination with the teacher of the employment relationship for the reasons referred to in art. 20 para. 1, or transfer it into an inactive state, after the first application of the paragraph. 2, the basis for the establishment of the briepoint referred to in Article 4. 20 para. 2, or the remuneration referred to in art. 20 para. 6, is the basic salary specified in the provisions issued on the basis of art. 30 par. 5, as determined according to the level of professional promotion and qualifications held by the teacher, and taking into account the teacher's compulsory classes of the month immediately before the application of the paragraph. 2.
3. To a teacher employed in a number of schools, which in none of these schools is employed in at least 1/2 of the compulsory curricula, altogether, however, the dimension of the classes is at least 1/2 of the compulsory classes for the class concerned. positions, no provision of art is applicable. 91b (b) 1.
4. In the case referred to in paragraph. 3, the teaching authority shall appoint a school head, who shall carry out the internship activities of the teacher, including the appointment of a traineeship, shall evaluate the work of the teacher and shall indicate the teacher of the competent authority. the head of the school or the competent authority to submit an application for a qualification or examination procedure, as appropriate.
Article 23. [ Termination of the work relationship with the appointed teacher] 1. The relationship of work with the teacher employed on the basis of the appointment shall be terminated:
1) at the request of the teacher;
2) in the case of temporary inability of the teacher to work due to illness, if the period of such incapacity exceeds 182 days, with the period of incapacity for work also included in that period of interruption covering the days in which, the school, in accordance with separate regulations, does not take place; in particularly justified cases, the period of absence at work may be extended for a further 12 months, provided that the teacher is entitled to the rehabilitation benefit referred to in the provisions on social security benefits in the event of sickness and maternity, or will be granted leave for health abduction;
3) in the event of a judgement by a doctor conducting a periodic or checking examination of the teacher's inability to perform the previous work;
4) (repealed)
5. in the event of a negative assessment of the work carried out in the mode and on the basis of the rules laid down in the Article. 6a;
6) in the event of the withdrawal of the referral to the teaching of religion in school on the basis of the separate provisions.
2. A termination of the employment relationship with a teacher employed on the basis of appointment for the reasons set out in the mouth. The following shall be followed:
1) at the end of the school year, after a teacher's prior notice of three months ' notice;
2) at the end of the month in which the time period of the teacher's incapacity for work expires;
3) at the end of the month in which the head of the school received a final medical certificate of the teacher's inability to perform the work so far;
4) (repealed)
5) at the end of the month in which the three months ' notice expires, counting from the receipt by the teacher of a negative assessment of the work;
6) at the end of this month, in which there was a withdrawal of the referral to the teaching of religion.
3. The termination of the employment relationship with the end of the school year in the case referred to in the paragraph. 2 point 1 does not apply to a school teacher where there is no provision for school holidays in the organisation of work.
4. A termination of the employment relationship with a teacher employed on the basis of the appointment may also occur:
1) by agreement of the parties;
2) in the event of an unjustifiable failure to report a teacher to a periodic or checking examination, at the end of the month in which the director received the information, subject to the paragraph. 5.
5. The principal of the school may refer a teacher appointed to the periodic or audit study on his own initiative at any time. In the case of twice the unjustifiable failure of the teacher to study the mouth. Article 4 (4) shall apply mutatis mutandis.
Article 26. [ Termination of the teacher's employment relationship by law] 1. The application of the teacher's work shall lapse by law in the event of:
1) the final punishment in disciplinary proceedings of disciplinary punishment of dismissal and disciplinary punishment of the exemption from work with the prohibition of admission punished to work in the profession of a teacher within 3 years from the punishment or punishment of expulsion from the teaching profession;
2) the final conviction on the punishment of deprivation of public rights or the right to pursue the profession or the loss of full capacity for legal acts;
3) a final conviction for a deliberate offense or a deliberate treasury crime;
4) the expiry of the three-month period of deprivation of liberty;
5) stating that the establishment of the employment relationship has occurred on the basis of false or invalid documents or has been made in violation of the conditions laid down in the art. 10 para. 5 points 1 to 5, subject to Article 10 para. 9.
2. The extinguishing of the employment relationship in the cases referred to in the paragraph. 1 shall state the head of the school and, in relation to the head of the school, the school head.
Article 27. [ Termination of a contract of employment with a teacher for an indefinite period of time] 1. The termination of a contract of work concluded with a teacher for an indefinite period of time follows from the end of the school year, for a three-month notice.
2. A termination of a contract of employment concluded with a teacher for an indefinite period of time may occur at any time and without notice in the event of a teacher's inability to work for a disease lasting more than one year, unless in particularly justified In the course of the accident, the doctor will decide to return to work in the teaching profession. In this case, the period of absence from the disease may be extended up to two years, including a total period of incapacity for work and leave for health care.
3. To dissolve the employment relationship with a teacher employed on the basis of an employment contract for an indefinite period of time the provisions of art shall apply. 23 (1) 1 points 3, 5 and 6, paragraph. 2 points 3, 5 and 6 and paragraph 6 3-5.
Article 28. [ Cash repayments] 1. A teacher employed on the basis of his appointment, with whom the employment relationship has been resolved due to the reason referred to in art. 23 (1) 1 point 3, a cash check is granted in the amount of one month's basic salary last collected during the duration of the employment relationship-for each full year of work at the teacher's position, in the organisational units referred to in the art. 1 (1) 1 and paragraph. Article 2 (1) and (1a), but not exceeding six months ' basic salary.
2. A teacher employed on the basis of his appointment, with whom the employment relationship is resolved for the reasons set out in the Article. 70 par. 2, a monetary deduction shall be granted on the basis of the rules laid down in paragraph 2. 1, however, not exceeding:
(1) a three-month basic salary, if the period of the teaching staff has not exceeded 10 years;
(2) a six-month basic salary if the period of the teacher's work has exceeded the age of 10 years.
2a. In the case referred to in Article 23 (1) 1 point 6 of the teacher appointed on the basis of his appointment shall be entitled to a one-off payment of one month's salary for each year of work as a teacher of religion, but not more than the three months ' salary.
3. The remission referred to in the paragraph. 1-2a pays the head of the school, who has settled with the teacher employed on the basis of the appointment of the employment relationship.
Chapter 5
Working conditions and remuneration
Article 29. [ Obligations of the school's authority] 1. The school conducting the school is obliged to provide the school with basic conditions for the teaching of teaching, educational and caring tasks.
2. The teacher shall be entitled to his/her work position, enabling the teaching and educational curriculum to be carried out.
3. The Minister for Education and Education and, in relation to art schools, the Minister for Culture and the Protection of the National Heritage, will determine, by means of the regulation, the basic conditions necessary for the implementation of the schools and teachers of the tasks and programmes referred to in paragraph. 1 and 2, taking into account the need for schools to carry out statutory tasks and to carry out teaching, education and care tasks by teachers.
Article 30. [ Salary of a teacher] 1. The remuneration of teachers, subject to art. 32, consists of:
(1) the basic salary;
2. Appendices: for the Servant of the Years, the motivational, the functional and the working conditions;
(3) remuneration for oversized hours and ad hoc hours of substitution;
4) prizes and other benefits resulting from the employment relationship, excluding the benefits of the establishment of the social benefit fund and social allowances referred to in art. 54.
2. The amount of the basic salary of a teacher depends on the degree of professional promotion, the qualifications and the classes of compulsory classes, and the level of allowances according to the period of employment, the quality of the work and the performance of the work. additional tasks or activities, delegated position or function, and difficult or burdensome working conditions.
3. The average salary of teachers is for:
1) trainee teacher-100%,
2) contract teacher-111%,
3) a teacher appointed-144%,
4) Diplomat teacher-184%
-the amount of the basic amount to be determined for teachers annually in the budget law.
4. (repealed)
5. The Minister for Education and Education, in agreement with the Minister for Work and after consulting the Commission of the Joint Government and the Local Government, shall determine by way of regulation:
(1) annually, the minimum basic salary rates for teachers implementing a weekly mandatory dimension of the hours referred to in Article 4 (1) of the basic Regulation. 42 par. 3, and for teachers whose weekly obligatory time dimension is determined on the basis of art. 42 par. 7, and the way in which the right to a certain rate of remuneration is documented,
2. the method of calculating the rate of basic salary per one hour of conversion and the minimum rate of basic salary for teachers implementing the weekly mandatory dimension of the hours referred to in Article 4 (2) of the basic Regulation. 42 par. 4a,
(3) a list of the posts and the functions of the teacher to the function allowance and the general conditions for the granting of the teachers ' appendix,
4) the method of determining the amount of remuneration for the work on the day off from work
-having regard to the degrees of career promotion, the level of teacher education and the compulsory classes, the school management positions and the functions involved, the degree of involvement of the teachers in the work and ensuring that the remuneration for the work on the day of the job is paid Work-free takes into account the personal rate of the teacher's grade and the allowance for working conditions.
6. The body conducting the school which is a self-government entity, taking into account the envisaged structure of employment, shall specify for teachers of particular degrees of promotion, by means of the rules of procedure:
1. the level of the allowance rates referred to in paragraph 1. Article 1 (2), and the detailed conditions for the granting of those additives, shall be subject to Article 1 33 and 34,
2) the detailed conditions for calculating and paying the remuneration for oversized hours and hours of ad hoc replacements, subject to Art. 35 par. 3,
3) the amount and conditions of payment of the remuneration components referred to in paragraph. 1 point 4, in so far as they are not defined in the Act or in separate provisions
-in such a way that the average salaries of teachers, consisting of the elements referred to in paragraph 1, are to be paid. 1, they correspond to the area of activity of a given local government unit at least the average salaries of the teachers referred to in paragraph. 3.
6a. The Rules of Procedure shall be subject to agreement with the professional unions of teachers.
6b. (repealed)
7. Minister for Education and Education in agreement with the Minister for Culture and National Heritage, Minister for National Defence, Minister for Agriculture and Minister of Environment specify, by means of a regulation, for teachers of individual degrees of promotion employed in schools run by government bodies, the level of the premium rates referred to in paragraph 1. 1 point 2, subject to Article 33, and the detailed conditions for granting those allowances, the detailed conditions for calculating and paying the remuneration for overtime and ad hoc hours of the replacement, the amount and the conditions for paying the remuneration components referred to in paragraph 1. 1 point 4, provided that they are not specified in the provisions of the Act or in separate provisions, subject to the paragraph. 7a, taking into account the average salary of teachers referred to in paragraph 1. 3, and the differentiation of schools run by individual ministers.
7a. The Minister of Justice shall take into account at least the average salary of teachers referred to in paragraph 1. 3, determine, by means of a regulation, for teachers of individual degrees of promotion employed in correctional facilities, shelters for minors and schools in detention facilities and forensic detention rates, the rates of allowances, of which Paragraph 1. Article 1 (2), and the detailed conditions for the granting of those additives, shall be subject to Article 1 33, as well as the detailed conditions for calculating and paying the remuneration for overtime and ad hoc hours of substitution, and the amount and conditions for the payment of the remuneration components referred to in paragraph 1. Article 1 (1) (c) of the Act on the application of Article 1 (4) (c) of the Act on the application of Article 4 (1) (a) of the Act on the application of Article 4 (1) (c) of the Act on the application of Article 4 (1) (c) of the Act
7b. The Minister for Education and Education, in agreement with the Minister responsible for Labour, will determine, by way of regulation, the components of the remuneration of the teachers referred to in Article 3. 1 (1) Article 2 (1) (a) (a) of the second subparagraph of Article 2 (2) (a) (a) (a) of the
(8) Measures necessary for the average salaries of teachers referred to in paragraph 1. 3, including salaries, appropriations for the write-off referred to in Article 3 53 (1) 1, as well as measures for the financing of professional training of teachers, taking into account the methodological advice referred to in art. 70a ust. 1, shall be guaranteed by the State in the income of local government units.
8a. In the case of schools run by the competent ministers, the measures necessary for the remuneration of teachers, including those from remuneration, shall be subject to the appropriations for the write-off referred to in Article 3. 53 (1) 1, as well as measures for the financing of professional training of teachers, taking into account the methodological advice referred to in art. 70a ust. 1, they are guaranteed in the budgets of these ministers.
9. (repealed)
10. School bodies, which are units of local government, may increase the resources for teachers ' salaries, including increases in the minimum rates of basic salaries, as determined by the provisions of the rules adopted on the basis of the paragraph. 5 point 1. The guiding authorities may, in addition, authorise school heads, in individual cases and within the limits of the school's financial plan, to grant a minimum rate of basic salary to a teacher higher than that laid down by law. issued on the basis of the paragraph 5 pt. 1 or increased by the lead authority.
10a. The increase in minimum rates of basic salary shall be subject to the procedure laid down in paragraph 1. 6.
10b. Increase the resources for the individual components of the remuneration for teachers above the level specified in the paragraph. 3 may take place exclusively from the income of own local or regional authorities or from the appropriations from the budget of the European Union.
11. The increase in remuneration for teachers shall take place no later than three months after the adoption of the budget law, with the compensation from 1 January of the year concerned.
Article 30a. [ Analysis of previous year's expenditure on teachers ' salaries] 1. By the deadline of 20 January each year, the body of the school which is a unit of local government shall carry out the analysis of expenditure incurred in the previous calendar year on the salaries of teachers in relation to the amount of the average the remuneration referred to in Article 30 par. 3, and the average annual structure of teachers ' employment on individual degrees of promotion.
2. In the event of failure to achieve the average wages referred to in the Article in the year of analysis. 30 par. 3, in the ingredients indicated in Art. 30 par. 1. The body of the school which is a unit of local government shall determine the amount of the difference between the expenditure incurred on the remuneration of teachers in a given year in the components referred to in Article 4 (1). 30 par. 1, and the product of the average annual number of teachers ' posts on individual degrees of promotion and the average salaries of teachers referred to in art. 30 par. 3, fixed in a given year.
3. The amount of the difference referred to in paragraph. 2, is divided between the teachers employed and paid in the year for which the amount of the difference was fixed, in schools run by the local government unit and paid out by 31 January of the calendar year following the year for which the amount of the difference was calculated, in the form of a one-off supplementary supplement to be fixed in proportion to the period of employment and the personal rate of remuneration of the basic teacher, ensuring that the average is reached remuneration on the individual degrees of professional promotion referred to in art. 30 par. 3, in a given local government unit in the year for which the amount of the difference was calculated.
4. By 10 February of the calendar year following the year which was the subject of the analysis, the body of the school which is a unit of local government shall draw up a report on the average salaries of teachers per individual year. Career advancements in schools and establishments operated by that local government unit, taking into account the amount of the difference referred to in paragraph 1. 2, if any.
5. The body conducting the school which is a unit of local government shall submit the report referred to in the paragraph. 4, within 7 days of its preparation, the regional chamber of auditors, and the body of that body of local government, the directors of the schools run by that body and the trade unions of teachers.
6. One-time supplementary allowance referred to in paragraph 1. 3, it shall not be taken into account as a component of the incurred expenditure on the salaries of teachers in relation to the amount of the average salaries referred to in Article 3. 30 par. 3, in the year in which it was paid.
(7) The Minister responsible for education and education shall determine, by means of a regulation, the manner in which the report referred to in paragraph 1 is drawn up. 4, in particular:
1) how to calculate the average salaries of teachers at the individual degrees of professional promotion referred to in art. 30 par. 3,
2. the way in which the average annual structure of teachers ' employment is determined,
3) the method of determining the amount of the difference referred to in paragraph. 2,
4) how to determine the height of a single supplemental supplement
-as well as the model form of the report, taking into account the duration of the basic amount referred to in Article 30 par. 3, the periods of employment in which teachers are not included in the average annual structure of employment, and changes in the salaries and employment structure of teachers resulting from their subsequent degrees of promotion.
Article 30b. [ Control of the average salaries of teachers] Regional Chamber of Commerce, in accordance with the provisions of the Act of 7 October 1992. o Regional Chambers of Auditors (Dz. U. of 2016 r. items 561), concerning the control of the financial economy of local government units, controls the achievement in the individual units of the local government the amount of the average salaries of teachers referred to in art. 30 par. 3, taking into account art. 30a par. 3.
Article 31. [ One-time Monetary Gratuation] 1. A diplomat who has been awarded the honorary degree of a professor of education, the minister responsible for education and education shall pay a one-off payment of 18,000 cash. PLN.
2. In the part of the budget of the State, the minister responsible for education and education, the authorising officer responsible for the payment of the gratuities referred to in paragraph 2 (2) of the budget. 1, annual appropriations of up to 450,000 shall be allocated each year. PLN.
Article 32. [ Salary of teachers employed outside the school] 1. Teachers Appointed and Diplomat Employed in positions where the qualifications of pedagogical qualifications are required, and remuneration and other benefits, specified for members, shall be entitled to remuneration and other benefits in the offices of government administration and education curatorials. a civil service body in the Act of 21 November 2008. o Civil service (Dz. U. of 2016 r. items 1345, 1605, 1807, 1948 and 2260 and from 2017. items 379).
2. To teachers appointed and diplomas employed in positions on which pedagogical qualifications are required, in a specialist supervision unit referred to in art. 32a of the Law on the education system, in the bodies of pedagogical supervision of the correcting works, the shelters for minors and the schools at the penal institutions in the field of remuneration and other benefits, the provisions of the Act are applied accordingly, referred to in paragraph 1. 1.
3. Teachers Appointed and Diplomat Employed in positions where teaching qualifications are required, in the Central Examination Board, district examination committees, public institutions for the improvement of teachers ' coverage national, public institutions for the improvement of teachers in art schools and public institutions for the improvement of teachers of vocational subjects, who are taught in the agricultural schools referred to in Article 4 (4) of the Rules of Education. 5 par. 3b (1) (b) (b) (b) 3c and paragraph. 3d point 2 of the Act on the education system, in addition to the basic salary, is granted allowances: for the service of years, motivational and business.
4. The Minister for Education and Education, in agreement with the Minister for Culture and National Heritage and the Minister for Agriculture, will determine, by way of regulation, the amount and the conditions for granting the allowances referred to in paragraph 1. 3, subject to Article 33, taking into account the need to diversify their amount according to the quality of the work provided and the position occupied.
Article 33. [ Appendix for the Servant of the Years] 1. The teachers shall be entitled to an allowance for the service of the years, equal to 1% of the basic salary for each year of work, paid during the monthly periods starting from the fourth year of work, except that the supplement may not exceed 20% of the salary basic.
2. (repealed)
3. The Minister for Education and Education, in agreement with the Minister responsible for Labour, shall determine, by way of regulation, the specific cases of the reckoning of periods of employment and other periods of entitlement to the allowance for the servant of the years.
Article 34. [ Appendix for working conditions] 1. To teachers working in difficult or arduous conditions, there shall be an allowance for working conditions.
2. The Minister for Education and Education, in agreement with the Minister responsible for the work, shall determine, by means of a regulation, a list of difficult and arduous working conditions giving rise to the grant of an additive for that purpose, Paragraph 1. 1, taking into account, in particular, the degree of difficulty of activities carried out under difficult and onerous conditions.
3. (repealed)
Article 35. [ Paid work in oversized hours] 1. In special cases, subject only to the need to implement the curriculum, the teacher may be obliged to pay for paid work during oversized hours in accordance with the speciality they have, the number of which may not exceed 1/4 the weekly mandatory time dimension of classes. The assignment of a teacher of more oversized hours may be given only with his/her consent, but in a dimension not exceeding 1/2 weeks of compulsory hours of classes.
2. Over an oversized hour shall be understood to mean an hour of teaching, educational or guardianship lessons over a weekly period of compulsory hours of teaching, educational or caring classes.
2a. An hour of ad-hoc representation shall be understood to mean an hour of teaching, educational or guardianship lessons of more than one week of compulsory hours of teaching, educational or care classes, which may be given to the teacher at the end of the day. the implementation is carried out in the replacement of the absent teacher.
3. The remuneration for oversized hours and for the hours of ad hoc representation shall be paid at the rate of the personal grade of the teacher, taking into account the allowance for working conditions.
4. A pregnant woman, a person raising a child under the age of 4 and a teacher during a trainee shall not be assigned work during oversized hours without their consent.
Article 35a. [ Remuneration for teachers conducting classes under programmes financed from EU budget appropriations] 1. The teachers referred to in art. 1 (1) 1, who, in the course of programmes financed from the budget of the European Union, are engaged in activities directly with pupils or pupils, or for their benefit, and for each hour of the course of these activities shall be remunerated at the level of the fixed in the manner prescribed in Article 35 par. 3.
2. The concepts referred to in paragraph 2. 1, shall be allocated with the consent of the teacher.
3. The concepts referred to in paragraph 1. 1, are not included in the weekly mandatory dimension of the hours of teaching, educational and caring classes, conducted directly with students or pupils or on their behalf.
4. The salaries of teachers referred to in paragraph. 1, shall not be taken into account for the calculation of the amounts spent on the average salaries of teachers referred to in Article 30 par. 3.
Article 36. [ Collective Labour Agreement] 1. Collective lectures for teachers may be concluded on the basis of the principles laid down in the 11th Labour Code, subject to the paragraph. 2.
2. Inclusion of collective agreements for teachers referred to in paragraph. 1, may not cause additional financial consequences for the state budget.
Article 38. [ Acquisition of the right to remuneration] The teacher shall acquire the right to remuneration from the date of establishment of the employment relationship.
Article 39. [ Change in the amount of remuneration in relation to the next step of promotion] 1. The change in the amount of remuneration during the working relationship in connection with the receipt of a further degree of promotion of a vocational teacher occurs with the first day of the school year following the school year in which the teacher obtained a higher degree promotion. The change in the amount of remuneration for other reasons shall take place on the first day of the nearest calendar month, if other reasons have not occurred from the first day of the calendar month concerned.
1a. In the event of a further degree of promotion in accordance with art mode. 9b ust. A change in the level of remuneration shall take place on 1 January of the year in question following the calendar year in which the teacher was promoted to a higher degree of promotion.
2. In the event of a change in the place of work entanding a change in the amount of remuneration, the right to remuneration corresponding to the new place of work shall be entitled from the first day of the calendar month following the taking up of the staff's duties in the a new place of work, where these duties have not taken place from the date of the first of the calendar month concerned.
3. The salary is paid to the teacher monthly in advance on the first day of the month. If the first day of the month is a public holiday, the remuneration shall be paid on the following day.
4. The components of remuneration, the amount of which can be determined only on the basis of the work already carried out, shall be paid monthly or at one time from the bottom on the last day of the month. If the last day of the month is a public holiday, the remuneration shall be paid on the day preceding that day, and in cases of particularly justified consideration the remuneration may be paid in one of the last five days of the month or on the day of the day of the month or day of the month of the the payment of the remuneration referred to in paragraph 1. 3.
Article 40. [ Termination of the right to pay] The right to remuneration shall be extinguished with the last day of the calendar month in which the termination or termination of the employment relationship occurred.
Article 42. [ Working Time Organization] 1. The working time of a full-time teacher may not exceed 40 hours per week.
2. Within the working time referred to in paragraph. 1, and the agreed remuneration of the teacher shall be carried out:
1) teaching, educative and caring activities, conducted directly with students or pupils or on their behalf, in the dimension referred to in the paragraph. 3 or determined on the basis of paragraph. 4a or paragraph. 7;
2) other classes and activities resulting from the statutory tasks of the school, including care and educational activities taking into account the needs and interests of the students;
3) classes and activities related to preparation for classes, self-education, and professional improvement.
2a. The teacher, at his request made in writing to the school head before the start of the classes in a given school year, may pursue teaching, educational and caring classes in the dimension specified in the paragraph. 4a. The school head may give his consent for the school year to be carried out in the course of the school year, as determined by the teacher of the dimension referred to in the 4a, if this is possible from the school's establishment of the school's establishment.
2b. Within:
1) the classes referred to in paragraph. For the purposes of Article 2 (1), the teacher is required to participate in the oral examination of the matural examination;
2) other classes and activities resulting from the statutory tasks of the school referred to in paragraph. In accordance with Article 2 (2), the teacher is required to take part in the following: a gymnasium, an examination confirming professional qualifications, an examination confirming qualifications in a profession and a maturalexamination-with the exception of a part of the oral examination.
2c. The teacher conducts classes on the professional course of vocational courses in the course of the classes referred to in paragraph. 2 point 1.
3. The weekly obligatory dimension of the hours of teaching, educational and care classes, conducted directly with pupils or pupils or on their behalf, full-time teachers shall be determined, subject to the provisions of the paragraph. 2a and 4a according to the following standards:
| Seq. |
Position-type (type) of the school |
The weekly number of hours of compulsory education, educational, care and care classes |
| 1 |
2 |
3 |
| 1 |
Teachers of kindergartens, except for teachers working with groups of 6-year-old children |
25 |
| 2 |
Teachers of kindergartens and other preschool institutions working with 6-year-old children groups |
22 |
| 3 |
Teachers: primary schools, primary schools, gymnasiums, special schools, general education schools, theoretical subjects in vocational education schools, including special schools and crafts training in the juvenile shelters and correctional facilities, theoretical subjects for qualifying professional courses, artistic and general subjects in art schools and other establishments of art education |
18 |
| 4 |
(repealed) |
|
| 5 |
Teachers of practical instruction in all types of schools and at the qualifying course of vocational training |
22 |
| 6 |
Educators of school and semi-internships (with the exception of educators of special schools), skylights and environmental clubs, including: preventive and therapeutic, youth educators, socio-therapy centres |
26 |
| 7 |
Educators of internships, burs, Jordanian gardens, railway stations, permanent school youth hostels |
30 |
| 8 |
Educators: |
|
|
|
(a) in caring and medicinal products for children, |
26 |
|
|
(b) indoors in children's times |
26 |
|
|
-including teaching activities, |
10 |
|
|
(c) in special education and training centres, correctional facilities, juvenile shelters, special schools, youth educational centres, post-curricular educational classes organised in entities medicated |
24 |
| 9 |
Teachers of youth palaces, youth houses of culture, outbreaks of out-of-school work, extracury-school specialises, interschool sports centres |
18 |
| 10 |
Teachers-librarians of school libraries |
30 |
| 11 |
Psycho-pedagogical counselling |
20 |
3a (repealed)
3b. (repealed)
3c. (repealed)
4. (repealed)
4a. Didactical, caring and educational activities may be carried out, subject to the paragraph. 2a, in the dimension:
1) from 19 to 27 hours-by the teachers referred to in the paragraph. 3 in the table in the box: position-type (type) of the school, in lp. 3 and 9;
2) from 23 to 26 hours-by the teachers referred to in the paragraph. 3 in the table in the box: position-type (type) of the school, in lp. 5.
5. The work carried out in the dimension specified in the paragraph. 3 or determined on the basis of paragraph. 4a or paragraph. It shall be recognised as regards the rights of staff to be carried out as a full-time job.
5a. A teacher who pursues a weekly compulsory dimension of classes in accordance with the mouth. 4a may not have oversized hours allocated, except for ad hoc substitution hours.
5b. A teacher who pursues a weekly compulsory dimension of classes in accordance with the paragraph. 3 and for which the fixed schedule of classes during certain periods of the school year does not exhaust the teacher's current weekly dimension of teaching time, should teach a correspondingly higher number of hours during the other periods of the year. school. The work carried out in accordance with such an agreed timetable is not a work in oversized hours.
6. The director and deputy director of the school and the teacher who is acting in another managerial position at the school, as well as to the teacher who is responsible for the managerial duties as a leading teacher, shall be lowered. weekly compulsory hours of classes depending on the size and type of the school and the working conditions or relieve them of the obligation to carry out the classes referred to in paragraph. 3.
7. The body conducting the school or establishment shall specify:
1) the rules for the settlement of weekly compulsory hours of teachers ' classes for which the fixed schedule of classes varies from one year to the next school year;
2. the rules for the granting and the extent of the reductions referred to in paragraph 1. 6, and grant exemptions from the obligation to implement the classes referred to in paragraph 1. 3;
3) a weekly mandatory dimension of classes of teachers of schools not mentioned in the paragraph. 3, teachers of schools referred to in art. 1 (1) 2 points 1a, teachers in the form of compulsory education, teachers from colleges of social services, teachers of distance learning, teachers carrying out the duties assigned to posts of different employment weekly obligatory time dimension, pedagogues, psychologists, logopeds, professional counsellors conducting classes related to the selection of the direction of education and profession in order to assist students in making educational and professional decisions, of which the provisions issued under Article 22 par. 2 point 11 of the Act on the education system, librarians of pedagogical libraries and the principle of crediting to the hours of individual classes in the form of an ocular and in distance education.
7a. Concepts and activities carried out within the working time of the teacher referred to in paragraph 1. 2 (1), are recorded and settled in weekly periods respectively in the classrooms or the course logs.
8. (repealed)
9. (repealed)
Article 42a. [ Lowering the weekly mandatory time dimension of classes] 1. The school or establishment may specify the cases in which a full-time teacher can reduce the weekly compulsory hours of classes, and the conditions and modus of that reduction.
2. A reduction in the weekly compulsory hours of classes shall not result in a reduction in remuneration and limitations on other teacher's rights.
3. A teacher using reduced weekly compulsory hours of classes shall not have oversized hours, except in the case of teachers referred to in art. 42 par. 6.
4. (repealed)
Article 42b. [ Working at night] 1. The teacher may be required to carry out the weekly compulsory hours of the hours of parental activities in the night.
2. For each hour of night work, the teacher shall be entitled to an additional remuneration of 15% of the hourly rate of basic salary, but not lower than the one established on the basis of art. 151 8 § 1 of the Labour Code.
3. The Minister responsible for Social Security, in agreement with the relevant ministers, will determine, by means of regulations, schools and cases in which the teacher may be required to pursue a weekly mandatory time dimension educational activities also during night time, and the conditions under which it may take place, taking into account in particular:
1) the need to provide night-time care in establishments providing full care or receiving children also at night;
2) prevention of threats to educators from the local environment;
3) premises conditions of schools;
4) an even load of teachers at night.
Article 42c. [ Work Time Dimension] 1. A full-time teacher has a five-day working week. Teachers are trained to perform other socially important tasks or, if this is the result of an organisation of work at school, the school head may set a four-day week of work.
2. In the schools where the work takes place on all days of the week, the teacher shall use at least once every two weeks from two consecutive days free of work, one of which must be on Sunday. This does not apply to a teacher working in an educational system.
3. For teaching, parental or caring classes, performed on a day off from work, the teacher receives another day off from work. In particularly justified cases, instead of the day of the free, the teacher receives a separate remuneration, in the amount determined in the manner prescribed by the provisions issued on the basis of art. 30 par. 5.
4. For a work on a holiday, falling outside of two days a week free of work, the teacher receives another day off from work. In particularly justified cases, instead of the day of the free teacher, the teacher shall receive the remuneration referred to in paragraph 1. 3, with 100% addition.
Chapter 6
Rewards and Awards
Article 47. [ Jubilee Award] 1. For many years of work, the teacher receives a jubilee award in the amount of:
1) for 20 years of work-75% of the monthly salary;
2) for 25 years of work-100% of the monthly salary;
3) for 30 years of work-150% of the monthly salary;
4) for 35 years of work-200% of the monthly salary;
5) for 40 years of work-250% of the monthly salary.
2. The Minister for Education and Education, in agreement with the Minister for Labour, shall determine, by way of regulation, detailed rules for the determination of periods of work and other periods for the teacher to the jubilee prize; and the detailed rules for its calculation and payment.
Article 48. [ Additional annual remuneration] The teacher shall be entitled to an additional annual remuneration in accordance with the rules and in the amounts laid down in the Act of 12 December 1997. of additional annual remuneration for employees of the budget sphere units (Dz. U. of 2016 r. items 2217).
Article 49. [ Fund for rewards for teaching and educational achievement] 1. A special fund for rewards for teachers for their educational and educational attainment is created:
1) in the budgets of the school bodies in the amount of at least 1% of the planned annual personal salaries, for the payment of prizes to the awards of the school bodies and school heads;
(2) in the budgets of wojewodów, altogether equivalent to the equivalent of 2744 average salary of a trainee teacher, for the payment of the education curators ' awards and the awards of the bodies responsible for teaching supervision for the teachers in question in Article 1 (1) 1 point 1;
3) in the budget of the Minister responsible for education and education in the amount equivalent to the equivalent of the 2015 average salary of a trainee teacher, for the payment of the prize of this minister.
2. School bodies shall set criteria and a mode of award for teachers for their achievements in teaching, educational and care work, including the performance of the tasks related to ensuring the safety of pupils during the classes organised by the school, and the implementation of other statutory tasks of the school, from the measures referred to in the paragraph. 1 point 1, taking into account, in particular, the allocation of funds to the awards of school bodies and school heads, the mode of reporting of candidates for prizes and the principle that the award may be awarded to a teacher after having worked at school at least year.
3. The Minister for Education and Education will determine, by means of a regulation, the criteria and the award procedure for teachers for their achievements in the field of teaching, educational and care work, including the performance of tasks related to the ensuring the safety of pupils during classes organised by the school, and the implementation of other statutory tasks of the school, from the measures referred to in paragraph 1. 1 points 2 and 3, taking into account in particular the mode of reporting of candidates for rewards and the principle that the award may be awarded to a teacher after having worked in a school of at least 2 years.
Article 51. [ Medal of the National Education Commission] 1. "Medal of the National Education Commission" shall be given to teachers and other persons for particular merit for education and education.
2. "Medal of the National Education Commission" gives the minister competent for education and education.
3. The Minister for Education and Education will determine, by way of regulation, detailed rules for the transmission of the "Medal of the National Education Commission", the mode of presentation of applications, the model of the medal, the mode of handing it and the method of wearing it, taking into account the requirements to be met by applications for medals.
Chapter 7
Social rights and leave
Article 53. [ A write-off of the social benefit fund] 1. For teachers, a write-down shall be made annually for the establishment of a social benefit fund in the amount determined as the product of the planned, average in a given calendar year, the number of full-time and part-time teachers (after of the annual average number of teachers employed (converted into full classes) and 110% of the basic amount referred to in Article 4 (a) of the basic amount of the work of teachers (after the full time period) and 110% of the basic amount referred to in Article 4 ( 30 par. 3, in force on 1 January of the year concerned.
1a. From the write-off of the social benefit fund referred to in paragraph 1. 1, is paid to the teacher by the end of August each year the benefit of the leave in the amount of the basic write-off referred to in the provisions on the establishment of the social benefit fund, fixed in proportion to the working time and the period the employment of a teacher in a given school year.
(2) For teachers who are pensioners, pensioners or teachers who download the teacher's compensation, the social benefit fund of 5% of the pensions they collect shall be deducted from the social benefit fund, and teachers ' compensation benefits.
2a. (repealed)
3. The copies referred to in paragraph 1. 1 and 2, including the written basic allowances for the social benefit fund of the other staff members and pensioners, pensioners and teachers in charge of the teachers ' compensation payments-former employees, constitute one Fund at school.
3a. In the event of a school being wound up, a school authority is required to indicate another school where a copy of the social benefit fund will be calculated for each pensioner of a retired school or a pensioner of the school being liquidated, and a teacher collecting a teacher's compensation payment, whose school was the last place of work. These persons shall benefit from the services and benefits financed from the establishment of the social benefit fund under the conditions and conditions laid down in the rules of procedure of the indicated school.
4. The school authority may create a social service set up for the management of the fund referred to in paragraph 1. 3.
5. In matters not regulated in the mouth. 1-4 shall apply the provisions on the establishment of a social benefit fund.
Article 54. [ Right to a dwelling] 1. A teacher employed in a rural area and a town of up to 5,000 inhabitants is entitled to a dwelling in the municipality where the school is located.
2. The obligation to exercise the powers of the teacher referred to in the paragraph. 1, belongs to the head of the school and the school's leading authority.
3. The teacher referred to in paragraph 3. A teacher who is qualified to occupy a teacher's position shall be entitled to a teacher housing allowance, the amount of which depends on the teacher's family condition. The amount of the allowance may also be differentiated according to the locality in which the teacher is employed.
4. A teacher after retiring, an annuity or a teacher's compensation retains the right to occupy an apartment. This right also serves the spouse of a pensioner (a pensioner who has a teacher's compensation allowance) and his dependent children and who has a household chooler with him.
5. A teacher who is qualified to occupy a teacher's position, employed in a village or in a city of up to 5000 inhabitants, shall be entitled to a separate appendix of 10% of the basic salary. The school body may increase the appendix to a teacher employed in a rural area with a staffing deficit.
6. In the event of the concourse of the right to the allowance referred to in paragraph. 3, with the right to the allowance under the provisions on the leases of dwellings and housing allowances [ 1] A teacher who meets the conditions required shall be entitled to both allowances.
7. The body conducting the school which is a unit of local government shall determine in the mode referred to in art. 30 par. The amount of the teacher's housing allowance and the detailed rules for granting and paying it, taking into account the principles set out in paragraph 6, shall be taken into account. 3.
(8) The Minister for Education and Education shall determine, by way of regulation, the amount of the teacher's housing allowance and the detailed rules for granting it and paying it, taking into account the principles set out in paragraph 1. 3, in relation to teachers employed in schools run by the authorities of government administration.
Article 56. [ School Land Plot] 1. The teacher employed in the village has the right to receive for personal use and his family the parcel of the school land.
2. The authority of the school shall allocate the area of land as far as possible, provided that the school land is not sufficient for the exercise of the powers set out in the paragraph. 1, however, with a surface of not more than 0,25 ha.
Article 58. [ Apartment in the school building and used by the school] Housing in school buildings and used by schools can only be occupied by teachers and staff employed in schools.
Article 60. [ Preservation of allowances following retirement, annuity or compensation payments] The powers referred to in Article 4 56 and 58 retain teachers also after retirement, an annuity or a teacher's compensation benefit.
Article 61. [ Installation allowance] 1. The teacher who obtained the degree of contract teacher within two years from the day of taking the first professional job in life at school and has the qualifications required to occupy a given post, receives in the school indicated as primary the place of employment at the request of a one-off installation allowance of two months ' basic salary received. The first job in a lifetime is not one of the work carried out during the period of study or study in the teacher education establishment.
2. The right to apply for payment of the management allowance shall be entitled to a teacher during the period of the year, counting from the date of obtaining the degree of contract teacher.
3. The use force shall be refundable if the teacher does not work in the school of three years from the date of obtaining the degree of contract teacher. In particularly justified cases, the school's leading authority may exempt the teacher in whole or in part from the obligation to reimburse the allowance.
Article 63. [ Teacher protection] 1. The teacher, during or in connection with the exercise of official duties, shall enjoy the protection provided for public officers under the conditions laid down in the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137, from late. zm.).
2. The authority of the school and the principal of the school shall be obliged to act in defence of the teacher when the teacher's established powers are infringed.
Article 64. [ Vacation leave] 1. A teacher employed in a school where the work organisation provides for summer and winter holidays shall be entitled to a holiday in a time frame corresponding to the duration of the farm and during the period of time.
2. The teacher referred to in the mouth. 1, may be required by the Director to perform the following tasks during these feries:
1) conducting examinations;
2) work related to the end of the school year and the preparation of the new school year;
3) to develop a school curriculum and to participate in a vocational training in a particular form.
The activities referred to in points 1 to 3 shall not take more than 7 days to the teacher.
3. Teachers employed in schools where there are no school holidays shall be entitled to a maximum of 35 working days in the period laid down in the vacations plan.
4. Within the framework set out in the mouth. The teacher has the right to an uninterrupted period of at least four weeks ' holiday leave.
5. A teacher employed throughout the course of classes in a given school year at a school in which school holidays are provided for in the work organisation shall have the right to holiday leave in the dimension and on the basis of the rules laid down in the paragraph. 1. A teacher employed for less than 10 months at a school where a school break is provided in the work organisation shall have the right to holiday leave in proportion to the duration of the course of classes specified in the contract.
A teacher employed in a school in which no school holidays are provided, in the case of establishing or cessation of the employment relationship during the calendar year, shall have the right to rest periods in a dimension proportional to the period of the period of the work, in accordance with separate provisions.
Article 65. [ Acquisition of rights to holiday leave] A teacher employed at a school where a school is provided in the work organisation shall be entitled to a first leave on the last day preceding the school break, and the right to second and further leave in each calendar year.
Article 66. [ Failure to take advantage of holiday leave] 1. In the event of non-utilisation of holiday leave in whole or in part during the period of school holidays, due to incapacity for work caused by sickness or isolation in connection with an infectious disease, maternity leave, leave on leave conditions maternity leave, paternity leave, parental leave, military exercises or short-term military training-the teacher is entitled to leave during the school year, in a supplementary dimension up to 8 weeks. Supplementary leave during the school year shall also be entitled to the director and deputy director of the school who, at the request of or with the consent of the school's authority, have not used leave during school holidays due to the performance of the tasks outsourced by the the body or conduct of the school of investments or the capital repairs.
2. In the event of non-utilisation of holiday leave due to termination or termination of employment, appointment to an essential military service or to a replacement of the duty of the service, to a periodic military service or to in the case of a long-term military training, the teacher shall be entitled to a cash equivalent for the period of untapped leave, but not more than eight weeks for the teachers referred to in Article 3. 64 par. 1, and not more than 35 working days for the teachers referred to in art. 64 par. 3.
3. (repealed)
Article 67. [ Remuneration for the time of holiday leave] 1. During the period of holiday leave, the teacher shall be entitled to the remuneration he would have received if he had worked at that time. The remuneration for oversized hours and additional classes shall be calculated on the basis of the average salary from the period of all months of the school year preceding the month of commencation of the leave, and if the period of employment is shorter than the school year-from this period.
2. If the amount of the remuneration for the calculation of the remuneration for oversized hours and additional classes has changed during the period from which the remuneration for the leave is calculated, or during the month of the use of the leave, the remuneration shall be is calculated.
3. The Minister responsible for education and education shall determine, in agreement with the Minister responsible for the work, the detailed rules for determining the remuneration and the cash equivalent for holiday leave, in accordance with the Regulation.
Art. 67a. [ Educational leave] 1. With the request for parental leave, the teacher shall apply to the body which has established the employment relationship with him.
2. An application for parental leave should be notified at least one month before the indicated date of commencation of this leave.
3. The deadline for the end of parental leave shall be for the day preceding the start of the school year; in this case, the period of leave shall be reduced accordingly and, on the basis of the teacher's request, shall be extended.
4. Paragraph Recipe 3 shall not apply if the parental leave has been granted in a period not exceeding one month.
Art. 67b. [ Resignation of parental leave] The teacher may dispense with the parental leave granted to him:
1) at any time-with the consent of the leave authority;
2) at the beginning of the school year-after prior notice to the leave authority, at least 3 months before the intended date of the work.
Art. 67c. [ Exploitation of parental leave] 1. In the case of the use of parental leave, the teacher shall acquire the right to holiday leave from the start of the school holidays following the end of the parental leave.
2. A teacher who, in connection with the commencement of parental leave, could not take advantage of the period of summer holidays of school leave to which he was entitled, the time limit for the end of parental leave should be end of school activities.
Article 68. [ Paid leave and other benefits and benefits in relation to further training] 1. A full-time teacher shall be entitled to paid leave for further education and other benefits and benefits in connection with this training. The teacher can receive paid leave or free of charge for scientific, artistic, educational, and free of charge for other important reasons.
2. The Minister responsible for education and education shall determine, by way of regulation, detailed rules for the granting of leave, allowance and benefits referred to in paragraph 1. 1, and the authorities empowered to grant them, having regard, in particular, to:
1) paid training leave for teachers taking higher education and training in teacher education establishments;
(2) the provision by the school bodies and school heads of assistance to teachers in training;
3. to provide teachers who are outside the place of residence of the benefits associated with the crossings, accommodation and meals.
Article 69. [ Working time of a woman who is feeding the child] 1. (repealed)
2. In the event that the working time of a woman who is feeding a child is more than 4 hours of continuous work a day, she shall be entitled to the right to use one hour of the break included in the working time.
Article 70. [ Unpaid Leave] 1. A teacher employed on the basis of his appointment, who has applied for transfer to the place of permanent residence of the spouse, if the transfer cannot be taken into account due to the impossibility of employment He/she is a teacher at the place of permanent residence of the spouse, the principal of the school is granted a free period of leave.
2. The period of unpaid leave referred to in paragraph. 1, may not exceed 2 years. If the teacher has not reworked during this period, the employment relationship is disbaned.
Chapter 7a
Funding for teacher education and training
Art. 70a. [ Appropriations for the financing of professional development] 1. In the budgets of school bodies, resources for the financing of the professional development of teachers, taking into account methodological advice, are to be extracted, at the rate of 1% of the planned annual appropriations for personal remuneration. teachers, subject to the paragraph. 2.
1a. The measures referred to in paragraph 1. 1, may also be intended, at a rate of not more than 20%, to finance the cost of reducing the weekly compulsory hours of teaching, educational and caring classes of teachers of the diplomat entrusted with the tasks of the Methodological advisor. The funding to increase the remuneration fund in the financial plans of the schools may not be higher than the financial consequences of the teacher's employment in the dimension corresponding to the weekly compulsory timetable for the hours of classes. didactic, educational and caring teacher of the diplomat.
2. Paragraph Recipe 1 does not include the financing of public institutions for the improvement of teachers and pedagogical libraries carried out by local government units.
2a. Divided by the measures referred to in paragraph 2. 1, shall be carried out after consultation with the trade unions of teachers.
3. In the budgets of the voivodship, funds are extracted to support in the area of the professional development of teachers, in the total amount of 5000 average salary of the trainee teacher.
4. In the budget of the Minister for Education and Education, resources for the implementation of nationwide professional training tasks for teachers, with a total of 5000 average trainee teacher salaries, shall be set up, subject to the paragraph 5.
5. Paragraph Recipe It shall not include the financing of public institutions for the improvement of teachers with nationwide coverage conducted by the Minister responsible for education and education.
(6) The Minister responsible for education and education shall determine, by means of a regulation, the manner in which the measures referred to in paragraph 1 are to be allocated. 3, between the budgets of the individual voivodships, taking into account, in particular, the number of teachers employed in the individual voivodships, the form of professional development co-financed by the measures referred to in paragraph. 1-5, and the specific criteria and modus of these measures, taking into account the competences of the authorities referred to in paragraph 1. 1, as well as directors of schools and establishments in the field of professional development of teachers.
Article 70b. [ Perfect teachers abroad] 1. The excellence of teachers can take place abroad, on the basis of international agreements, agreements with direct cooperation concluded by schools, school bodies, local government units, governmental administration bodies and improvement centres, educational programmes of the European Union or at the invitation of foreign entities.
2. The period of improvement abroad shall be included in the period of employment of the teacher in the country from whom the employment powers depend, under the conditions laid down in the regulation referred to in the paragraph. 3.
3. The Minister responsible for education and education shall determine, by means of a regulation, the conditions for driving abroad for teachers to improve, taking into account in particular:
1) the possibility of giving teachers remaining in the employment of training leave or free of charge and the period for which these leave is granted, as well as the rules for calculating the amount of remuneration for the period of the training leave;
2) the possibility of granting benefits for the families of persons referred to in point 1;
3. the authorities entitled to grant benefits and to grant leave;
4) the conditions for passing the period of improvement abroad to the period of employment in the country;
(5) the conditions for the removal of teachers at the border and the conditions for reimbursement of the benefits paid to them.
Chapter 8
Health protection
Article 72. [ Financial measures for health aid] 1. Regardless of the teacher's entitlement to health insurance benefits and the members of his family, the school bodies shall allocate appropriate financial resources to the budgets each year for health assistance to the public. teachers benefiting from health care and will determine the types of benefit granted under this assistance, and the conditions and the manner in which they are granted.
2. (repealed)
3. (repealed)
4. The powers referred to in paragraph. 1, retain teachers after retirement, an annuity or a teacher's compensation allowance irrespective of the date of retirement, an annuity or a teacher's compensation benefit.
Article 73. [ Leave for health abduction] 1. A full-time teacher who has been employed for an indefinite period of time after having worked at least 7 years in school, the head of the school shall give leave for health care, for the purpose of carrying out the prescribed treatment, in a non-exhausting way a one-off year, subject to paragraph (a). 2.
2. A teacher who is not less than a year to acquire the right to a pension shall not be granted leave for a period longer than the end of the month preceding the month in which the teacher acquires pension rights.
3. To the period of seven-year work in the school referred to in paragraph. 1, the time periods of incapacity to work as a result of sickness and leave other than rest periods, lasting no more than six months shall be included. In the event of a period of incapacity for work and leave lasting more than 6 months, the required working period shall be extended by that period.
4. The period of seven-year work at the school, justifying the right to leave, should fall directly before the date of commencement of leave for health abduction. The requirement of a seven-year period of work at school concerns the granting of the first leave for health care.
5. The teacher during the period of stay on leave for health care retains the right to a monthly basic salary and an allowance for the service of years and the right to other employee benefits, including the social allowances referred to in art. 54.
6. The head of the school, not later than 2 weeks before the end of the leave for the health abduction, shall issue a referral to the teacher for examination in order to establish a lack of contraindications to work on the specified position.
7. During the period of stay on leave for health care, the teacher is unable to establish a employment relationship or to undertake other gainful activity. If the teacher takes a different job or a different gainful activity during the period of leave for health care, the school head is cancelling the teacher's leave by specifying the time limit within which the teacher is required to do so. return to work.
8. The teacher may be given another leave for health care not earlier than one year after the end of the previous leave for health care. The total amount of leave to be paid to the teacher's health during the entire period of employment shall not exceed 3 years.
9. The teacher shall not bear the costs associated with the sentencing on the state of his health in connection with the need to grant leave for health care.
10. About the need to give a teacher leave for health care, to carry out the prescribed treatment, the doctor of health insurance being treated by the teacher. The decision referred to in the first sentence shall be entitled to appeal to the appeal body referred to in the provisions adopted on the basis of the paragraph. 11 and in accordance with the procedure laid down in those provisions.
(11) The Minister of Health, in agreement with the Minister responsible for education and education, shall determine, by means of a regulation, the procedure to give the teacher the leave referred to in paragraph 1 of the regulation. 1, a model of the decision and the way in which documentation related to the issue of decisions on the need to grant leave for health abductions and an appeal body on the need to give a teacher leave to health care, Having regard, in particular, to the adoption of a decision on the need to give a teacher leave and a time limit for appeal.
Chapter 9
National Education Day
Article 74. [ National Education Day] On the anniversary day of the creation of the Commission of National Education, on October 14 each year, the National Education Day will be celebrated. This day is considered to be a holiday of all education workers and is free from classroom activities.
Chapter 10
Disciplinary responsibility
Article 75. [ Deficiencies of Disciplinary Responsibility] 1. Teachers shall be liable to disciplinary action for the failure to respect the dignity of the teaching profession or to the obligations referred to in Article 4. 6.
2. For misconduct against the order of work, within the meaning of art. 108 of the Labour Code, shall be referred to the teachers of the ordinal penalties in accordance with the Code of Work.
3. Whenever this chapter refers to the head of the school, this shall also be understood by the head of the school consultative section referred to in Article 3. 1 (1) 2 point 1a.
Article 76. [ Disciplinary penalties] 1. The disciplinary punishment for teachers shall be:
1) nagana with warning;
2. dismissation from work;
3) exemption from work with the prohibition of admission punished to work in the profession of a teacher within a period of 3 years from punishment;
4) expulsion from the teaching profession.
2. A disciplinary board of the Disciplinary Board shall be issued.
3. Measuring the disciplinary penalty referred to in paragraph. 1 point 4, is equivalent to a ban on admission punished to work in the teaching profession.
4. The termination of the employment relationship after committing the act constituting the basis of disciplinary responsibility shall not prevent the initiation and conduct of disciplinary proceedings and the exchange of the disciplinary penalty.
5. A copy of the final decision to punish the disciplinary punishment together with the explanatory statement shall be included in the teacher's personal file.
Article 77. [ Proceedings in disciplinary matters] 1. In disciplinary matters, teachers shall adjudicate disciplinary committees:
1) at first instance:
(a) a disciplinary commission for teachers of all schools operating on the territory of the voivodship, competent for teachers,
(b) the Disciplinary Board of the Minister for Education and Education competent for the teachers referred to in Article 4 (1) of the EC 1 (1) 2 point 1a;
2) in the second instance:
(a) a review of the disciplinary committee at the minister competent for education and education,
(b) a review of the disciplinary committee for the Minister for Culture and for the Protection of National Heritage.
2. The property of the local disciplinary committee of the first instance referred to in paragraph. Article 1 (1) (a) shall be determined in accordance with the place of employment of the teacher at the time of the act constituting the basis of disciplinary responsibility.
3. The disciplinary commission of the first instance shall be made up of at least 5 members.
4. Appeal of a disciplinary committee shall be made up of at least 10 members.
5. The disciplinary committee shall be appointed for a four-year term of office.
Article 78. [ Members of the Disciplinary Board] 1. A Member of the Disciplinary Board may be a teacher:
1) which has the degree of a teacher appointed or a diplomat;
2) which possesses at least five years of teaching work in kindergarten, school or establishment, public or non-public, or other organisational units referred to in art. 1 (1) 1;
3) which has full capacity for legal acts and enjoys public rights;
4) who has not been convicted of a final sentence for a deliberate offence or a deliberate treasury offence;
5) which was not legally punished with a disciplinary penalty;
6) against whom there is no criminal proceedings in the case of a deliberate offense prosecuted by public prosecutions or disciplinary proceedings;
7) which possesses a disrepute opinion.
2. Members of the disciplinary committee of the first instance referred to in art. 77 par. Article 1 (1) (a) and the members of the appeal of the Disciplinary Board shall appoint, cancel and fix the number of the provisions thereof by way of ordinance, respectively, of water, the Minister for Education and Education, or the Minister for Culture and Security national heritage.
3. Candidates for members:
1) the disciplinary committees of the first instance may report:
(a) the pedagogical councils of the schools covered by the jurisdiction of the disciplinary board concerned, of the teachers employed at the school,
(b) the bodies responsible for the pedagogical supervision of the staff employed in those bodies,
(c) the authorities of the competent provincial structures of representative trade unions of teachers within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240);
2) the Disciplinary Board of Appeal may report:
(a) the bodies responsible for the pedagogical supervision of the staff of those bodies and of the teachers employed in schools falling within the jurisdiction of the body concerned from among the candidates submitted by the pedagogical councils of those schools,
(b) the bodies of the representative trade unions of teachers within the meaning of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue.
4. The appointing authority of a member of the Disciplinary Board shall state the reasons for recommending the person concerned to perform the duties of a member of the Disciplinary Board.
5. Members of the disciplinary panel of the first instance referred to in art. 77 par. In accordance with Article 1 (1) (b), the Commission shall establish a number of, by way of order, a number of, by way of order, the minister responsible for education and education, from among:
1) the employees of the office serving this minister;
2. employees of the units subordinate to that minister;
3) the teachers referred to in art. 1 (1) 2 point 1a.
6. The duties of a member of the Disciplinary Board shall not be performed for more than two consecutive terms of office.
Article 79. [ Appeal of a member of the disciplinary board] 1. The Member of the Disciplinary Board shall refer before the expiry of the commission's term of office in the event of the lodging of the resignation or failure to comply with the conditions referred to in Article 78 par. 1.
2. The Member of the Disciplinary Board may be cancelled before the expiry of the commission's term of office in
1) not to perform the duties of a member of the Disciplinary Board;
2) the conduct of the abrosive dignity of a member of the disciplinary board.
3. In the event of the death of a member of the disciplinary board or the dismissals of a member of the disciplinary committee before the expiry of the commission's term of office, the body at which the disciplinary committee operates may appoint a new member of the disciplinary committee for the period to the commission's term of office The provisions of Article 4 78 par. 3 and 4 shall apply.
(4) A member of the Disciplinary Board transiting during the term of office of the committee for retirement, an annuity or a teacher's compensatory allowance shall fulfil his duties by the end of the committee's term of office.
5. The performance of tasks in the disciplinary committee by its members shall be treated equally with the performance of the duties of employees.
6. The school or the teaching body of a teacher appointed to a member of the Disciplinary Board shall grant him an exemption from work for the time necessary to perform his duties in committee.
Article 80. [ Appointment of members of the Disciplinary Board] 1. The body at which the disciplinary committee operates shall be appointed by the members of the disciplinary committee of the chairman of the committee and of at least two of its alternates.
2. The minister responsible for education and education shall appoint the chairman of the disciplinary committee of the first instance referred to in art. 77 par. Article 1 (1) (b) and its alternates from among the members of that committee, who are employees of the office serving that minister, or to those of the minister under that minister.
Article 81. [ The composition of the disciplinary committee of the first instance] 1. The disciplinary commission of the first instance shall rule in the composition of 3 members.
2. Appeal of the Disciplinary Board in the formation of:
1) 3 members, if the disciplinary committee of the first instance has issued a ruling on the punishment of the disciplinary punishment referred to in art. 76 (1) 1 points 1 to 3;
2) 5 members, if the disciplinary committee of the first instance has issued a ruling on punishing the disciplinary penalty referred to in art. 76 (1) 1 point 4.
3. The formation of the adjudicating disciplinary commission of the first instance referred to in art. 77 par. For the purposes of Article 1 (1) (a), one or more teachers of the same type of school shall enter into at least two teachers of the same type of school as the teacher concerned by the Board of Appeal, at least two teachers.
4. Members of the committee who have previously taken part in the case in any capacity may not be appointed to the formation of the adjudicatory committee.
5. The Chairman of the Disciplinary Board shall designate the formation of the adjudicating bench in the case, including the chairman of the adjudicating bench.
6. Chairperson of the disciplinary committee of the first instance referred to in art. 77 par. Article 1 (1) (b) may designate a different place to meet the formation of the formation of the bench than the seat of the committee, including abroad.
Article 82. [ Exclusion from participation in case recognition] 1. A member of the formation of the adjudicating bench shall be excluded from participation in the recognition of the case, if:
1. the case shall be directly related to him;
2) is or was a spouse of the blamed, his defense counsel or a disciplinary spokesperson;
3) he is a relative, should be in a straight line or a supervisor of the blamed, his defense counsel or a disciplinary spokesperson, or stays with them in relation to the adoption or the service dependence of them;
4) witnessed the deed of the proceedings.
2. The exclusion of a member of the formation of the court from the participation in the recognition of the case may also take place upon a reasoned request of a member of the formation of the adjudicatory, a disciplinary ombudsman, the blamed or his defender, if the existence of a prima facie case is arable between him and the disciplinary spokesperson, the blamed or his defender of the circumstances, which may raise doubts about his impartiality.
3. An application for the exclusion of a member of the formation of the adjudicating bench may be filed until the closing of the evidence proceedings at the time of the hearing.
4. The decision of the chairman of the disciplinary committee shall be decided by the chairman of the formation of the formation
Article 83. [ Appointment of a Disciplinary Officer] 1. The body at which the disciplinary board operates shall be appointed by a disciplinary officer and at least two of its alternates, from among the staff of the office serving that authority.
2. The Minister for Education and Education, at which the disciplinary committee of the first instance referred to in Article shall be operated. 77 par. Article 1 (1) (b) shall appoint a disciplinary officer and his deputies from among the staff of the office serving that minister or to those of the minister under that minister.
3. A disciplinary officer and his alternates shall be bound by the instructions of the authority which has appointed them.
4. The body, at which the disciplinary committee operates, may revoke the disciplinary officer and his deputies at any time for valid reasons.
5. The performance of tasks by a disciplinary officer and his deputies shall be treated equally with the performance of the duties of employees.
Article 84. [ Exclusion of the Disciplinary Officer from participation in the case] 1. A disciplinary officer shall be exempted from taking part in the case, if the case concerns him directly, his spouse, relative or duty in a straight line or the person remaining with him in relation to the adoption.
2. A disciplinary spokesperson may be excluded from participation in the case, if it is prima facie evidence that between him and the teacher concerned by the investigation, or his defender, there are circumstances not mentioned in the paragraph. 1, which may cause doubt as to its impartiality.
3. The exclusion of the disciplinary officer shall be decided by the authority which appointed him. The duties of an exclusive disciplinary officer shall be carried out by his alternate.
4. The actions of the Disciplinary Officer, which was excluded from participation in the case, made before the exemption took place, shall remain in force. The authority which has appointed a disciplinary officer or the disciplinary committee may decide to redo the tasks concerned.
Article 85. [ Explanatory proceedings] 1. A disciplinary spokesperson appointed with the disciplinary board of the first instance shall initiate the investigation procedure at the request of the authority which appointed it.
2. At the initiation of the investigation procedure, the disciplinary officer shall inform the teacher concerned and the principal of the school in which he is employed and, in the case of a teacher serving as the head of the school, the teacher and the school's leading authority. The Disciplinary Officer shall also inform the Ombudsman of the opening of the procedure concerning the infringement of the rights and the good of the child.
(3) Following the investigation procedure, a disciplinary officer shall, with the consent of the appointing authority, refer to the disciplinary committee of the first instance a request for disciplinary action or issue a remission order. the investigation procedure.
(4) The decision to remit the investigation shall be issued if:
(1) the investigation has not been confirmed by the fact that the teacher has committed an act of dignifying the dignity of the teaching profession or of the obligations referred to in Article 4 (1). 6;
2) for the committed act, the teacher has been punished by order in accordance with art. 108 of the Labour Code;
3) the teacher, at the time of committing the alleged act, was not employed on the position of the teacher in the organizational units referred to in art. 1 (1) 1 and paragraph. 2 points 1a and 2;
4) the teacher died;
5) disciplinary proceedings concerning the same act of the same person have been legitimised or have been initiated before;
6) there has been a statute of limitations on disciplinary responsibility.
5. A provision for the remission of the investigation to the teacher concerned by the procedure and to the head of the school where the teacher is employed and, in the case of a teacher serving as the head of the school, to the teacher, to the teacher. and the school body, serves the purpose of complaint to the Disciplinary Board of the first instance within 7 days from the date of service of the order. The order for the termination of the investigation concerning the criminal offence and the good of the child to the Ombudsman shall serve as a complaint to the Disciplinary Board of the first instance within 14 days from the date of service of the order.
6. The decision of the disciplinary committee of the first instance shall be final.
Article 85a. [ Resolutions of the Disciplinary Board] 1. The disciplinary committees shall be unfolded in the area of adjudication.
2. If, in a case which is the subject of disciplinary proceedings, a criminal conviction has been passed, the disciplinary committee shall be bound by the findings of the court in the field of guilt.
3. The disciplinary committee shall adjudicate at the hearing or in an implicit session.
4. Resolutions of the disciplinary committee shall be decided in the form of decisions and rulings. A ruling on the merits of the case may be issued only at the hearing.
5. The rulings and orders shall be decided by a simple majority.
6. The rulings of the disciplinary committees issued at the hearing shall be proclaimed openly.
Article 85b. [ Provisions Issued by the Disciplinary Board of First Instance] 1. The disciplinary commission of the first instance shall issue:
(1) an order to initiate disciplinary proceedings, or
2. the order refusing to initiate disciplinary proceedings if:
(a) the investigation has not been confirmed by the teacher in charge of the alleged act,
(b) the alleged act does not contain any failure to respect the dignity of the teacher or of the obligations referred to in Article 4 (1). 6,
(c) the teacher has been punished by the act of order in accordance with the provisions of Article 4 (1). 108 of the Labour Code,
d) the teacher, at the time of committing the alleged act, was not employed as a teacher in the organizational units referred to in art. 1 (1) 1 and paragraph. 2 points 1a and 2,
e) The teacher has died,
(f) disciplinary action on the same act of the same person has been legally completed or has been initiated before,
(g) there has been a limitation of disciplinary responsibility.
2. In order to refuse to open a disciplinary procedure to the teacher concerned by the request for the opening of the proceedings, and to the director of the school where the teacher is employed, and in the case of a teacher serving as a teacher, the head of the school, the teacher and the school body, serves the purpose of complaint to the Disciplinary Board of Appeal within 7 days from the date of service of the order. In order to refuse to initiate disciplinary proceedings concerning the act of infringing the rights and the good of the child, the Ombudsman shall be entitled to complaint to the Disciplinary Board of Appeal within 14 days from the date of service of the order.
3. The decision of the Disciplinary Board of Appeal shall be final.
Article 85c. [ The subject is considered to be blamed] 1. The teacher who has been served with the order to open disciplinary proceedings shall be considered to be the overturned teacher.
2. The accused shall not be regarded as guilty of the alleged act until he is proven guilty by the final judgment of the Disciplinary Board.
3. The undispleable doubt resolves to the benefit of the blamed.
Article 85d. [ Right to use the aid of a selected defender] 1. In the investigation of the teacher concerned by the proceedings, and in disciplinary proceedings-blamed, shall have the right to use the assistance of the defender chosen by himself. The defender shall not be a member of the disciplinary committee before which proceedings are pending.
2. Where a disciplinary spokesperson requests a disciplinary action, the disciplinary penalty referred to in Article 2 shall be applied for. 76 (1) 1 point 4, and the blamed does not have a defender of choice, the chairman of the adjudicating bench shall appoint a defender from office.
3. The minister responsible for education and education shall determine, by way of order, a list of the public defenders. The provisions of Article 4 77 par. 5, art. 78 par. 3, 4 and 6 and Article 79 par. 1-3 shall apply mutatis mutandis.
4. The public defender shall be entitled to remuneration for participation in disciplinary proceedings.
5. The blamed may have at the same time no more than two defenders of choice.
6. The defender is obliged to keep in secret everything he has learned in connection with the performance of the defender's actions.
Art. 85e. [ Exclusion of disclaimant] 1. The settlement is overt.
2. Disclosure of the trial may occur due to the disturbance of public tranquility, the insult of good customs or the violation of an important private interest.
3. Disclosure of the trial shall be managed by the chairman of the adjudicating bench.
4. In the event of exclusion of the publicity of the hearing at the hearing may be present after two persons indicated by the blamed and the Disciplinary Ombudsman.
5. Unjustifiable instability on the trial of the blamed or his defense counsel does not stop the recognition of the case.
6. In the case of recognition as justified failure of the absence of the blamed or his defender, the chairman of the adjudicating bench shall issue a decision to postpone the hearing, setting it a new term.
Article 85f. [ A determination to suspend disciplinary proceedings] (1) If there is a lasting obstacle to disciplinary action or if the same action has been initiated or the proceedings in respect of a misconduct have been initiated, the chairman of the formation of the adjudicating bench may give a decision. a decision to suspend disciplinary proceedings for the duration of an obstacle or criminal proceedings or to conduct proceedings in cases of misconduct.
2. To the order referred to in paragraph. 1, to the disciplinary officer and to the blamed or his/her defender shall serve the complaint to the Board of Appeal, within 14 days of the date of service of the order.
3. The chairman of the adjudicatory bench shall take the suspended disciplinary proceedings no later than 30 days from the day on which the news of the cessation of obstruction referred to in the paragraph is established. 1, either on the right to terminate the criminal proceedings or to conduct proceedings in cases of misconduct.
Article 85g. [ Proceedings in Explanatory and Disciplinary Proceedings] 1. In the investigation, the evidence shall be carried out by a disciplinary officer and, in disciplinary proceedings, by a disciplinary board. This does not exclude the right to request evidence from the teacher to which the investigation relates, or to be blamed.
2. In the investigation and disciplinary proceedings, a disciplinary spokesperson or disciplinary committee may interview witnesses, collect and carry out any evidence necessary for the clarification of the case, including the consultation of experts, and review the personal file of the teacher concerned, whether or not he/she is concerned or who is being blamed, and also copies notes and copies thereof.
(3) In the course of investigation and disciplinary proceedings, the teacher concerned shall be heard, as appropriate, of the investigation, or of the investigation concerned, and may be given the opportunity to provide explanations that may be relevant to the case.
4. Refusal to be heard by the teacher concerned by the investigation, or failure to provide explanations for reasons attributable to that teacher does not constitute an obstacle to the submission by the spokesperson of the disciplinary request for initiation disciplinary proceedings.
Art. 85h. [ Hearing of a witness in the investigation and disciplinary procedure] 1. In the investigation of the witness, who at the time of the hearing did not finish 18. year of life, you can interrogation if his testimony can be of significant importance for the resolution of the case.
2. In the investigation of the witness referred to in paragraph. 1, shall be interrogated only once, unless in the course of the investigation the new relevant circumstances will come to light, the explanation of which requires a retrial of the witness, and his testimony may be of significant importance for the resolution of the case.
3. In disciplinary proceedings, the protocol of the interrogation of the witness referred to in the paragraph shall be read. 1.
4. In disciplinary proceedings of a witness, who at the time of the hearing did not complete 18. the year of life, may be rehearsed only if new relevant circumstances emerge in the disciplinary proceedings, the explanation of which requires the interrogation of that witness, and its testimony may be of significant importance for the resolution of the case, and also at the request of the blamed, who in the investigation did not have a defense counsel.
5. At the hearing of the witness referred to in paragraph. 1 and 4, the teacher concerned shall not be present, as appropriate, or blamed.
6. At the hearing of the witness referred to in paragraph. 1 and 4, there is a current psychologist.
7. The defender, if established, shall have the right to take part in the hearing of the witness referred to in the paragraph. 1 and 4.
8. At the hearing of the witness referred to in paragraph. 1 and 4, the current parent, legal guardian or person (entity) who is exercising a replacement care should be present. A parent, a legal guardian or a person (entity) with a replacement care in particularly justified cases may waive the presence of the person in question.
Art. 85i. [ Application of provisions of the Code of Criminal Procedure] 1. In the investigation and disciplinary proceedings in an unregulated field, the provisions of the law shall apply mutatis mutandis. 168-170, art. 171 § 1, 2 and 4-7, art. 173, art. 177 § 1 and 2, art. 178, art. 182, art. 183, art. 185, Art. 186, art. 190 and art. 191 and Article 191. 193-196, art. 198, art. 199, art. 200, art. 201 and art. 204-208 of the Code of Criminal Procedure.
2. At each stage of the investigation, the teacher concerned or his defense counsel, and at any stage of the disciplinary proceedings-the blamed or his defender, may review the case file and draw up a file from them notes and copies.
Article 85j. [ Decisions of the Disciplinary Board] 1. The formation of the adjudicatory adjudicate according to its conviction, based on the evaluation of all the evidence disclosed in the course of the hearing.
2. The disciplinary committees shall issue the rulings after hearing the votes of the disciplinary spokesman and the blamed or his/her defender.
3. With the dimension of the sentence shall be taken into account the circumstances of the alleged act, the degree of guilt, the harmfulness of the social act, and the behavior blamed before and after the committing of the act.
4. If the blamed committed several acts, then one penalty shall be made for all the acts in total.
5. The disciplinary committee shall issue a decision on:
1) to punish, by virtue of which he recognizes the guilty in whole or in part of the alleged act and shall make a disciplinary penalty, or
2. acquitting, where:
(a) the disciplinary procedure has not been confirmed by the teacher in charge of the offence,
(b) the alleged act does not contain any failure to respect the dignity of the teacher or of the obligations referred to in Article 4 (1). 6, or
3. remission of disciplinary proceedings, if:
(a) the teacher has been punished for the conduct of the act in accordance with art. 108 of the Labour Code,
b) the teacher, at the time of committing the alleged act, was not employed as a teacher in the organizational units referred to in art. 1 (1) 1 and paragraph. 2 points 1a and 2,
c) the teacher died,
(d) disciplinary action on the same act of the same person has been legally completed or has been initiated before,
(e) the disciplinary responsibility has been barged.
6. If a disciplinary procedure is escaped because of the death of a teacher, his spouse, siblings, relative or a duty in a straight line may apply for the teacher's release from the charges, within one year from the day of the teacher's death.
7. In the case of submission of the application referred to in paragraph. 6, the disciplinary committee shall repeal the decision to discontinue disciplinary proceedings. The disciplinary procedure shall continue with the participation of the representative established by the person who submitted the application.
Article 85k. [ Right of appeal] 1. From the disciplinary board issued by the first instance of the decision, the decision of the Disciplinary Board and the blamed or his defender shall be entitled to appeal, through the Disciplinary Board which issued the judgment, to the appeal a disciplinary board, within 14 days from the date of service of the decision. The appeal shall withhold the execution of the decision.
2. The chairman of the appeal of the disciplinary committee shall reject the appeal brought by the person not entitled or after the expiry of the period referred to in paragraph. 1.
3. In order to reject the appeal, the disciplinary and the defender shall be entitled to a complaint within 7 days of service of the order to the Disciplinary Board of Appeal.
4. The decision of the Disciplinary Board of Appeal shall be final.
5. The appeal may be withdrawn until the start of the hearing in the appeal proceedings.
6. The judgment, from which the appeal has not been brought within the time limit or the filed appeal has been revoked, shall be final and shall be enforced.
Article 85l. [ Repeal of the contested decision] 1. After the hearing of the appeal, the disciplinary committee shall:
1) maintain the contested decision in force;
2) repeal the ruling in whole or in part and issue a new ruling;
3) repeal the contested decision and refer the case to the disciplinary committee of the first instance for retrial; the committee may indicate what circumstances the disciplinary committee of the first instance should take into account when reconsidering cases.
2. The issue of a decision to the disadvantage of the overthrown may take place only in the event of an appeal lodged by a disciplinary spokesperson.
(3) If the decision of the disciplinary committee of the first instance concerned a number of cases in the case, the appeal committee shall abrogate the contested decision and issue a new ruling in favour of the co-blamed, no matter where the appeal is concerned, if the decision is based on the It has annulled and delivered a judgment in favour of the blamed who lodged the appeal, and the same legal considerations speak for the repeal and the change in favour of the other co-obviated.
4. The decision of the appeal of the disciplinary committee shall be final upon its announcement.
Art. 85m. [ Appeals to the Court of Appeal] 1. From the final appeal of the appeal of the disciplinary committee to the disciplinary and the blamed or its defender, there is an appeal to the appellate court-the court of work and social insurance competent for the place of residence of the obvited. The appeal shall be lodged by means of a review of the disciplinary board within 14 days of the date of service of the decision, together with the reasons for its reasons.
2. For the examination of the appeal referred to in paragraph. 1, the provisions of the Code of Civil Procedure on appeals shall apply. The appeal of the Court of Appeal does not serve the cassation complaint.
Article 85n. [ Renewal of disciplinary proceedings completed by a final judgment] 1. Disciplinary proceedings terminated by a final judgment may be resumed if:
1) a flagrant violation of the law has been accepted in connection with the proceedings, and there is a reasonable basis for acceptance that this could have an impact on the content of the decision;
2) after the release of the decision, new facts or evidence unknown at the time of its release, indicating that the blamed is innocent, was punished for committing another act or the disciplinary commission unjudicated the proceedings unfounded;
3. in the course of the proceedings, the provisions were violated, preventing or seriously impeded by the blamed exercise of the rights of the defence, or the composition of the disciplinary committee did not correspond to the conditions laid down in Art. 81 (1) 2-4 or a person subject to an exemption.
2. The reopening shall not occur due to the reason mentioned in the paragraph. 1 point 1, if it was the subject of recognition by the appellate court-the court of work and social security referred to in art. 85m ust. 1.
3. The resumption of disciplinary proceedings to the disadvantage of the blamed shall not be permissible after his death or after 3 years after committing the act to which the decision relates, and when the act constituted a criminal offence-after the expiry of the period of limitation of law enforcement of that crime, or, in the event of the execution of the sentence and of its collapse.
4. An application for the resumption of disciplinary proceedings may be filed, his defender, his disciplinary officer, and after the death of the blamed or where there are reasonable doubts as to his or her duties-including his spouse, siblings, relatives or Should be in a straight line. The application shall be submitted to the Disciplinary Board, which has issued a final judgment in the case, within 30 days of the day on which the news of the reason for the resumption has been taken.
5. The disciplinary committee referred to in paragraph 1. 4, it shall issue:
(1) a decision refusing to reopen disciplinary proceedings; or
2) a decision on the resumption of disciplinary proceedings.
6. In order to refuse the resumption of disciplinary proceedings, the persons referred to in the paragraph shall be refused. 4, serves the complaint to the Disciplinary Board of Appeal, within 14 days from the date of service of the order, with the fact that the Disciplinary Board adjudicates this complaint in a different formation of the adjudicatory.
7. The decision to refuse the resumption of disciplinary proceedings shall be final.
8. Following the adoption of the provisions on the resumption of disciplinary proceedings, the disciplinary committee referred to in paragraph shall be issued. 4, repeals the final disciplinary decision and accedes to the reconsideration of the case, with the fact that the appeal of the disciplinary committee repeals the final judgment and transmits the case to the retrial of the disciplinary committee of the first instance.
9. After reconsidering the case, the disciplinary committee shall adjudicate on the merits of the case or shall render the case for disciplinary action. Art. 85k and art. 85m shall apply, except that the Board of Appeal shall examine the appeal in another formation of the adjudicating bench.
10. In renewed disciplinary proceedings, a judgment may not be issued for the disadvantage of the overthrown if the application for the resumption of disciplinary proceedings has been submitted in his favour.
Art. 85o. [ Limitation on the date of initiation of disciplinary proceedings] 1. Disciplinary proceedings may not be initiated after 3 months from the day of the day of the day of the proceedings by the body at which the disciplinary board of first instance operates, the message of the commission of the commission of the offence of dignity of the teaching profession or the obligations referred to in Article 6, and 3 years after committing this act.
2. In the case of committing an act of a sexual nature to the detriment of a minor, the statute of disciplinary responsibility shall not take place before it is completed by the 24th. year of life.
3. If the teacher concerned by the investigation, due to absence from work, there is no possibility to make an explanation, the course of the three-month period referred to in paragraph 1 shall be provided. 1, does not start, and commenced is suspended until the day of its appearance to work.
4. If, during the period referred to in paragraph 1, 1, disciplinary action has been initiated, the criminality of the act justifying the imposition of a disciplinary penalty shall cease within 5 years from the date of committing that act.
5. The Bieg five-year term referred to in paragraph. 4, shall be suspended from the date of issue of the order for the suspension of disciplinary proceedings referred to in art. 85f ust. 1, until the day when the Chairman of the Disciplinary Board of the Disciplinary Board is notified of the termination of the obstacle, or of the final termination of the criminal proceedings or of the proceedings in the case of misconduct.
6. If an act constitutes a criminal offence, the periods referred to in paragraph shall be 1 and 4, they shall not be shorter than the limitation period for the criminal offence of that crime.
Article 85p. [ Remuneration of Disciplinary Advocates] 1. The Chairman of the Disciplinary Committees and their deputies, the chairman of the adjudicatory depots and the disciplinary ombudsmen and their alternates shall be remunerated:
1) Chairman of the Disciplinary Board and his Deputy-monthly salary;
2. the chairman of the formation of the adjudicatory bench-the remuneration for the diagnosis of the case completed by the decision or the order;
(3) a disciplinary officer and his alternates-remuneration for the conduct of the investigation and remuneration for participation in disciplinary proceedings.
(2) The amount of the remuneration of the Disciplinary Bodies and their alternates shall be determined by the body which appointed them and the remuneration of the chairmen and their alternates and of the chairmen of the formation of the formation of the disciplinary board, the body at which it operates. Disciplinary Board.
(3) The Minister for Education and Education will determine, by way of regulation, the method of determining the remuneration of the chairmen and their alternates, the chairmen of the adjudicatory deeds, and the disciplinary ombudsmen and the disciplinary board and their deputies, as well as the amount of the remuneration of the public defender, taking into account the extent of the workload and the need for the smooth conduct of proceedings.
Article 85q. [ Reimbursement of travel costs] 1. The accused, who has been acquitted of an alleged act, and witnesses and experts shall be entitled to the equivalent of earnings lost in connection with the participation in the trial and reimbursement of the costs of the journey in accordance with the provisions on receivables A staff member employed in a State or local government branch of the budget sphere on a business trip, in the country.
2. Members of the Disciplinary Board and of the Disciplinary Board or of his/her alternate shall be entitled to reimbursement of the costs of the journey in accordance with the provisions referred to in paragraph 1. 1.
Art. 85r. [ Costs of Conduct] 1. The costs of the proceedings are:
1) expenses for the service of summations and other letters;
2) the remuneration of the public defender referred to in art. 85d ust. 4;
3. the claims referred to in Article 85p ust. 1 and Art. 85q;
(4) other costs which the body which has appointed a disciplinary authority, or the body in which the disciplinary committee is acting, has counted towards the costs directly linked to the conduct of the investigation, or to the recognition of the case.
2. The costs referred to in paragraph 2. 1, incurred in the investigation procedure or in proceedings before a disciplinary committee shall be borne by the authority which appointed the disciplinary officer or the body at which the disciplinary board is acting.
3. The costs of the defender of the selection shall be borne by the teacher concerned, or blamed.
4. In the case referred to in art. 81 (1) 6, the costs of the proceedings shall also include the charges laid down in the provisions on charges payable to an employee employed in a state or self-government unit of the budget sphere for a business trip, outside the country.
5. The support of the Disciplinary Board shall be provided by the body at which the Disciplinary Board operates.
Article 85s. [ Enforcement of disciplinary penalties] 1. The disciplinary measures referred to in art. 76 (1) 1 paragraphs 1 to 3, are subject to destruction, and a copy of the sentence for punishment attached to the teacher's personal file is subject to destruction.
2. The disciplinary measures referred to in art. 76 (1) (1) (1) and (2), shall be subject to a withal period of 3 years from the date of service to the teacher of the final judgment on punishment and the disciplinary penalty referred to in Article 4 (1) (a) of the Rules of the Court shall be subject to the 76 (1) 1 point 3-after the expiry of 6 years from the date of service to the teacher of the final judgment of the punish.
3. If, in the period before the penalty of the disciplinary penalty, the teacher will be punished again with disciplinary action, the terms referred to in paragraph 1 shall be punished. 2, shall be counted from the date of service to the teacher of the final judgment on retribution.
4. The head of the school, and in relation to a teacher serving as the head of the school, the body leading the school, shall perform the activities listed in the paragraph. 1 and inform the pupil of the punishment and destruction of the sentence of punishment attached to his/her personal act.
5. At the moment of the dismissals of the disciplinary penalty, it shall be considered to be a non-former.
Art. 85t. [ Suspension in the full duties of the teacher] 1. The head of the school may suspend the duties of a teacher and the school head-a teacher serving as the head of the school, against whom criminal proceedings have been initiated or a request for disciplinary action has been submitted, where, in view of the seriousness and reliability of the pleas in law, it is appropriate to dissuade the teacher from carrying out his duties at school. In urgent cases, a teacher and a teacher acting as the head of the school may be suspended before a request for disciplinary action is submitted.
2. The head of the school shall suspend the duties of the teacher and the teaching authority of the school, who acts as the head of the school, if the criminal proceedings or any request for disciplinary action have been initiated. infringing the rights and good of the child.
3. The teacher and the teacher acting as the head of the school shall be suspended, under the law, in the performance of their duties in the event of their temporary arrest or in the event of imprisonment in connection with criminal proceedings.
4. The suspension in the performance of duties shall not last longer than 6 months, unless against a teacher or a teacher acting as the director of the school there is still a criminal proceedings or disciplinary proceedings, in relation to which the suspension occurred.
5. From the decision to suspend in full duties to the teacher or to the teacher acting as the head of the school shall be entitled to appeal to the disciplinary panel of the first instance, within 14 days from the date of service of the decision, for Either the school head or the school body, as appropriate.
6. The disciplinary commission of the first instance shall consider the appeal against the decision to suspend in the performance of duties in the composition of the 3 members, at a meeting of classified, which should take place within 7 days from the date of receipt of the appeal. Article 82 shall apply mutatis mutandis.
(7) The disciplinary committee of the first instance shall issue a decision to maintain or repeal the suspension decision in the performance of duties.
(8) The disciplinary committee of the first instance shall repeal the suspension decision in the performance of its duties if, in the course of the investigation, there is no prima facie evidence that the profession or duties of the teacher referred to in Article 3 are not established. 6, as well as when a disciplinary spokesman at the disciplinary committee of the first instance has requested the punishment referred to in Article 3. 76 (1) In accordance with Article 1 (1), and in the light of the seriousness and credibility of the pleas in law, it is not possible to postpone the teacher or the teacher who acts as the head of the school from performing duties at school.
9. At the order of the disciplinary committee of the first instance, the body which issued the decision to suspend in full duties, to the teacher or to the teacher acting as the principal of the school shall serve to complaint to the appeal of a disciplinary board in the 7 days from the date of service of the order, through the committee which issued the order.
10. Appeal of the disciplinary committee shall examine the appeal against the decision to suspend in the performance of duties in the composition of the 3 members, in an implicit meeting, which should take place within 14 days from the date of receipt of the appeal. Article 82 shall apply mutatis mutandis.
11. The decision of the Disciplinary Board of Appeal shall be final.
Art. 85u. [ Reduction of the basic salary of a teacher] 1. The basic salary of a teacher and a teacher serving as the head of the school during the period of suspension in full duties may be reduced and temporarily arrested shall be reduced to a maximum of up to half, depending on the state of the family teacher, starting from the first day of the calendar month following the month in which the suspension occurred.
2. During the period of suspension, the allowances and the remuneration for oversized hours shall not be granted in full.
3. During the period of imprisonment of the teacher and the teacher acting as the head of the school, there is no remuneration.
4. If the criminal proceedings or disciplinary proceedings end with the cancellation of the lack of evidence of guilt or the issuance of a judgment or an acquittal, the teacher and the teacher acting as the head of the school should be returned detained amounts of remuneration.
Article 85v. [ Delegation] The Minister for Education and Education will determine, by way of regulation, a detailed procedure for the conduct of the investigation and disciplinary procedure and for the resumption of disciplinary proceedings, taking into account the need to ensure that the the reliability, objectivity and efficiency of the examination of the disciplinary cases of teachers.
Article 85w. [ Registry] 1. The Minister for Education and Education shall keep a central register of disciplinary decisions, hereinafter referred to as 'the register', which shall collect information on teachers who are legally punished by the disciplinary penalties referred to in Article 3. 76 (1) In accordance with Article 4 (1), paragraphs 3 and 4, and information on the suspension of the teacher in the performance of duties referred to in Article 1 (1) 85t ust. 1-3.
2. The register shall contain:
1) data identifying the teacher-surname, first name or forenames, gender, date and place of birth, parents ' names, nationality or nationality, place of residence, PESEL number, and in the absence of this number-number and series of the confirmatory document identity;
2) the kind of case-law of the disciplinary penalty referred to in art. 76 (1) 1 (3) or (4), and the period of punishment;
3) the designation of the Disciplinary Board, which issued the final judgment on the punishment of the disciplinary punishment, and the signature of the case file;
4. the date of issue and the authority of the decision referred to in point 3;
5) the date and place of committing the act to which the decision referred to in point 3 applies;
6) the date of service of the teacher of the decision referred to in point 3;
7) information on the suspension of the teacher in the performance of duties and of the period of suspension.
3. The register shall be carried out in the ICT system.
4. The Minister for Education and Education shall be the administrator of the data collected in the Register within the meaning of the Article. 7 point 4 of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922).
5. The entry of data into the register, the making of changes to the data in the register and the deletion of data from the register shall be entitled only to persons authorized by the minister competent for education and upbringing.
Article 85x. [ Right to obtain information from the register] 1. The right to obtain information from the register shall be entitled:
1) (repealed)
2) the head of the school-in relation to the person applying for employment as a teacher and teachers employed in the school;
3) disciplinary ombudsmen and disciplinary committees-in connection with the investigation or disciplinary procedure conducted;
4) the courts of the Republic of Poland, in connection with the conduct of the proceedings;
5. Prosecutors, Police and other bodies authorized to conduct preparatory proceedings in criminal and criminal matters and investigations in cases of misconduct-in connection with the conduct of the proceedings;
6. government bodies, local government bodies and other bodies performing public tasks, in cases where this is justified by the need for the execution of the tasks imposed on them, as defined by the Act.
2. Each person shall have the right to obtain information as to whether his/her personal data are collected in the register. The person whose personal data is in the register, at the request of the person, shall be provided with information about the content of all the data relating to that person.
3. The Minister for Education and Education shall provide the authorities of the Member States with a warning mode in IMI as referred to in Article 3. 56 par. 1 of the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union (Dz. U. of 2016 r. items 65), information from the register referred to in art. 85w ust. 2 points 1 to 3 and 7.
Art. 85y. [ Proposal for the provision of information from the register] 1. Information from the register shall be granted at the request of the persons and entities referred to in art. 85x ust. 1 and 2.
1a. The head of the school shall submit the application in accordance with the procedure referred to in paragraph 1. 2 -4 , if:
1) he has determined by means of an IT tool made available by the Minister responsible for education and raising that the PESEL number of the teacher or the person applying for employment in the post of the teacher is in the register;
2) the teacher or the person applying for employment in the post of the teacher does not have a PESEL number.
2. The application shall be made on a form in paper form or in electronic form.
3. The application shall contain:
1) the applicant's data-the name of the person or the name of the entity referred to in art. 85x ust. 1 points 3 to 6 and paragraph. 2, and the address for correspondence;
2) personal data of the requested person-name, first name or forenames, gender, date and place of birth, names of parents, nationality or nationality, place of residence, PESEL number, and in the absence of this number-number and series of the document a confirmatory identity;
3. justification for obtaining the information;
4) an indication of the nature and extent of the data to be the subject of the information;
5) the date and place of drawing up the application.
4. The application in paper form shall contain the applicant's signature, and the application in electronic form should be authenticated using the mechanisms specified in the art. 20a par. 1 or 2 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2017 items 570) and include the applicant's electronic address.
5. An application which does not meet the conditions referred to in paragraph 1. 2, 3 or 4, shall be left unrecognizable.
6. Information from the register shall include:
1) personal data of the requested person-name, first name or forenames, gender, date and place of birth, names of parents, nationality or nationality, place of residence, PESEL number, and in the absence of this number-number and series of the document a confirmatory identity;
2) the data in respect of the requested application or the statement that the requested person is not in the register;
(3) the date and place of issue;
(4) the name and signature of the person empowered to issue it.
(7) The information in the register shall be granted within the following time limits:
1) the person referred to in art. 85x ust. 1 point 2 and paragraph. 2-within 7 working days from the date of receipt of the application;
2. the entities referred to in Article 85x ust. 1 points 3 to 6-within 10 working days from the date of receipt of the application.
(8) Information from the register shall be issued free of charge.
9. The information from the register shall be provided in paper form or in electronic form.
(10) The Minister for Education and Education will determine, by means of a regulation, a model form for a request for information from the register, taking into account the need for persons and rightholers to obtain information from the register in a proper way.
Article 85z. [ Personal data removed from the register] 1. Information shall be entered in the register on the basis of the notice:
1) about the final punishment of the teacher, the disciplinary punishment referred to in art. 76 (1) 1 point 3 or 4, drawn up respectively by the chairman of the disciplinary committee of the first instance or the chairman of the appeal of the disciplinary committee and sent to the register immediately after the decision has been legitimised; notification contains the information referred to in Article 85w ust. 2 points 1 to 6;
2) the suspension of the teacher in the performance of duties and of the period of suspension, drawn up by the head of the school, and in case of suspension in the performance of duties of the school head-by the body leading the school, and sent to the register immediately after the suspension of the decision to suspend via the competent disciplinary committee of the first instance; the notification shall include the information referred to in Article 4. 85w ust. 2 points 1 and 7.
2. The personal data of a teacher shall be removed from the register if the disciplinary penalty referred to in art is provided. 76 (1) 1 point 3, has been tarrashable.
3. The teacher's personal data shall be removed from the register upon receipt of the notification:
1) to repeal the final decision of the appeal of the Disciplinary Board by the Court of Appeal-the court of employment and social security referred to in art. 85m ust. 1, drawn up by the chairman of the Board of Appeal of the Disciplinary Board and sent to the register immediately after the decision has been waived;
2) of the termination of the period of suspension in the performance of duties of a teacher or head of the school, drawn up by the principal of the school or the authority leading the school and sent to the register immediately after the end of the period of suspension, for through the competent disciplinary committee of the first instance;
3) to waive the decision to suspend in the performance of duties of a teacher or head of the school, drawn up by the chairman of the disciplinary committee of the first instance or the appeal of a disciplinary committee and sent to the register as soon as the decision has been lifted;
4) of the repeal of the final decision following the resumption of proceedings, drawn up by the Disciplinary Board referred to in art. 85n ust. 8, and sent to the register immediately after the revocation of the decision.
4. The data of deceased persons shall be removed from the register after obtaining information about their deaths.
5. The notifications referred to in paragraph 1. 1 and 3, shall be sent to the register in electronic form. The notification should be authenticated using the mechanisms set out in the Article. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities and shall include the electronic address of the body.
Chapter 11
Pension rights
Article 86. [ The application of the provisions on pensions from the Social Insurance Fund] The teacher and a member of his/her family are entitled to the pension provision as defined in the provisions on pensions and pensions from the Social Insurance Fund, taking into account the provisions of the Act, with the fact that the teacher is included in the employees ' performing work in a specific character.
Article 87. [ Deny] 1. A teacher who meets the conditions for entitlement to a pension, a pension for incapacity for work or a teacher compensation payment whose employment relationship has ceased in connection with retirement, an allowance for incapacity to be paid to a teacher, who is entitled to a pension, or a teacher who is entitled to a pension, or a teacher who is entitled to the compensation payment provided for in Article 2 (1) of the Treaty on the European Council, or in accordance with the procedure laid down in Article 4 28, a check shall be granted in the amount of two months ' last remuneration at the primary school of his/her work.
2. A teacher who meets the conditions for entitlement to a pension, a disability pension or a teacher compensation payment whose employment relationship has ceased in connection with retirement, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, disability pension, or a teacher's compensation payment, which has worked at least 20 years at school, shall be granted a check of the three months ' salary last received at the primary school where his work is being carried out.
3. The remuneration referred to in the paragraph. 1 and 2, shall be calculated according to the rules applicable to the calculation of the cash equivalent for holiday leave.
4. In the event of the concourse of the right to the right referred to in paragraph. 1 and 2, one briefcase is entitled-more advantageous.
Article 88. [ Retirement] 1. Teachers with 30 years of employment, including 20 years of work in a specific nature, and teachers of schools, establishments, special establishments and correctional facilities and shelters for minors-twenty years of age employment, including 20 years of work in a special capacity in the special education sector, may, after the termination of the employment relationship, retire.
1a. Teachers who meet the conditions laid down in the paragraph. 1 may retire also in the event of termination of the employment relationship or termination of employment in the circumstances specified:
1) in art. 20 para. 1, 5c and 7;
2. in Art. 225 (1) 1, 6, 7, 10 and art. 226 ust. 1 of the Act of 14 December 2016. -Provisions introducing the law-educational law (Dz. U. of 2017 items 60 and 949).
1b. Up to a period of 20 years of work in the specific nature referred to in paragraph 1. 1, also includes the period of referral, on the basis of separate provisions, to pedagogical work abroad.
2. The basis of the assessment of the pension for a teacher employed in the education and education system, who is retired or entitled to a disability pension, shall be determined on a general basis, as laid down in the provisions on pensions and pensions. from the Social Insurance Fund, including that the remuneration for overtime hours, allowances, benefits in kind is also included in the basis of that basis, if the benefits of such a teacher do not benefit from retirement or disability, and all prizes obtained by the teacher for professional achievements during the period from which the salary is the basis for the retirement or pension.
2a. Teachers born after 31 December 1948, and before 1 January 1969. retain the right to retire regardless of age, if:
1) they have fulfilled the conditions for obtaining a pension, as defined in the paragraph. 1, within ten years from the date of entry into force of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, as late. zm. zm.), except for the condition of termination of employment relationship, and
2) have not entered an open pension fund or have submitted an application to transfer funds collected in an open pension fund account, through the Social Insurance Institution, to the revenue of the state budget.
3. (repealed)
Article 90. [ Appendix to old-age pension or pension for secret teaching during the occupation] 1. The teachers who, during the occupation, have been taught by secret teaching shall be entitled to an allowance of 10% of the average monthly salary in the calendar quarter preceding the date of the last valorisation of pensions and pensions in 1995, if they do not collect such an allowance from another title, taking into account the mouth. 4.
2. The allowance referred to in paragraph 2. 1, shall also be entitled to teachers who, before 1 September 1939, taught in Polish in Polish schools in the territory of the Third German Reich and the former Free City of Danzig, if they do not download such an addition from another title.
3. The grant of the allowance referred to in paragraph 1 shall be granted. 1 and 2, shall be followed at the request of the person concerned
4. The amount of the allowance for the secret teaching referred to in the paragraph. 1, shall be increased by the application of the pensions and pensions valorisation rate, from the month in which the valorisation is carried out.
5. The President of the Social Insurance Institution shall announce in the form of a communication in the Official Gazette of the Republic of Poland "Monitor Polski" at least 12 working days before the nearest term of valorisation due from that date the amount of the allowance for secret teaching.
Chapter 11a
Specific provisions
Article 91a. [ The powers of the teachers appointed and diplomas employed in specific units] 1. Teachers Appointed and Diplomat Employed in:
1) the offices of government bodies and the school curatoriums in positions requiring pedagogical qualifications are entitled to the powers deriving from the Art. 9a-9i, art. 51, art. 58-60, art. 86, art. 88 and Art. 90;
(2) in a specialised supervisory body and in the bodies exercising the pedagogical supervision of correcting establishments, juvenile shelters and schools in criminological establishments requiring pedagogical qualifications shall be entitled to a the powers conferred by Article 9a-9i, art. 51, art. 58-60, art. 63, art. 86, art. 88 and Art. 90.
2. Teachers Appointed and Diplomas Employed in the Central Selection Board, district examination committees, in positions where the qualifications of pedagogical, public educational establishments of teacher education are required. national, public institutions for the improvement of teachers in art schools and public institutions for the improvement of teachers of vocational subjects, who are taught in the agricultural schools referred to in Article 4 (4) of the Rules of Education. 5 par. 3b (1) (b) (b) (b) 3c and paragraph. 3d point 2 of the Act on the education system, shall enjoy the powers deriving from the Art. 9a-9i, art. 30 par. 5, art. 32, art. 33, art. 47, art. 49 (1) 1 point 3, art. 51, art. 58, art. 60, art. 63, art. 86-88 and art. 90.
3. Teachers on leave on the basis of the provisions of the Act referred to in art. 1 (1) Article 2 (3) shall be subject to the powers of the Article. 9a-9i, art. 30, 31, 33, 49, 51, 58-60, 73, 86-88 and 90.
4. To teachers employed in public schools and school consultative posts at diplomatic representations, consular offices and military representations shall apply the provisions of Chapters 2 to 4, Art. 31, art. 42 par. 1, 2, and 7a, art. 51, art. 63-67 and chapters 8-11.
Article 91b. [ Application of provisions of the Act] 1. To a teacher employed in less than half of the applicable class of classes does not apply the provisions of art. 54-61, 71 [ 2] , 72 and 86- 91 [ 3] .
2. To teachers employed in:
1) kindergartens and schools, referred to in art. 1 (1) Article 2 (2), notwithstanding the employment dimension, the provisions of Article 4 (2) of the Regulation 6, art. 6a par. 4-10, 12, and 13, art. 9, art. 11a, art. 26, art. 63 and art. 75-85z;
2) the establishments referred to in art. 1 (1) Article 2 (2), notwithstanding the employment dimension, the provisions of Article 4 (2) of the Regulation 6, art. 6a par. 4-10, 12, and 13, art. 9, art. 26, art. 63 and art. 75-85z;
3) kindergartens, referred to in art. 1 (1) Article 2 (2) (a) and the schools and establishments referred to in Article 2 (2) (a). 1 (1) Article 2 (2), in the dimension of at least 1/2 of the compulsory classes, including the teacher employed as a director, shall apply the provisions of Article 3 (2) of the Rules of procedure. 9a-9i, art. 22 par. 3 and 4, art. 49 (1) 1 points 2 and 3, art. 51, art. 70a ust. 3, 4 and 6, art. 86, art. 88 and Art. 90;
4) kindergartens, referred to in art. 1 (1) Article 2 (2) (b), in the course of at least 1/2 of the compulsory classes, including the teacher employed as a director, shall apply the provisions of Article 2 (2) (b) and (c) of 9a-9i, art. 22 par. 3 and 4, art. 49 (1) 1 points 2 and 3, art. 51, art. 70a ust. 3, 4 and 6 and Article 88.
2a. To the employees referred to in art. 1 (1) Article 2 (4) and (5), shall apply the provisions of Article 3 6, art. 51, art. 63, art. 64 par. 3, art. 86-88 and art. 90.
2b. A working relationship with a preschool teacher, a school or an establishment referred to in art cannot be established. 1 (1) 2 (2) which does not fulfil the conditions referred to in Article 2 (2) (a) of the 10 para. 5 points 2 to 5. The provisions of Article 4 10 para. 8a and 8b shall apply mutatis mutandis.
3. The scope of application of the law to teachers employed in schools and educational and educational and educational establishments carried out by churches and other religious associations shall lay down separate provisions.
4. With the teachers referred to in art. 17 para. 2a, at the time of referral to work in European schools, establishes a relationship of work on the basis of a contract of employment in an organisational unit, whose statutory task is the organization and coordination of the functioning of schools referred to in art. 5 par. 3b, point 1 (a) and the Act on the education system.
5. During the period of performing work in the schools referred to in paragraph. 4, teachers shall be entitled to a remuneration equal to the cash equivalent for their annual leave, fixed in accordance with the rules laid down in the rules adopted on the basis of Article 4 (1) of the Financial Regulation. 67 par. 3. In other areas, the rights and obligations of these teachers lay down separate provisions.
6. The period of performing the work in the schools referred to in paragraph. 4, it is included in the working period from which the teacher's entitlement to the employment relationship depends.
Art. 91c. [ Application of provisions of the Labour Code] 1. In matters arising from the employment relationship, unregulated by the provisions of the Act, the provisions of the Labour Code shall apply.
2. Claims on the employment relationship of teachers, regardless of the form of the employment relationship, shall be considered by the labour courts.
Art. 91d. [ Schools and facilities run by local government units] In the case of schools and establishments run by local government units, the tasks and competences of the leading authority specified in:
1. 30 par. 6 and 10a, art. 42 par. 7, art. 42a (a) 1, art. 49 (1) 2, art. 54 para. 7, art. 70a ust. 1 and Art. 72 par. 1-performs respectively: the municipal council, the district council, the state's purse seismik;
2. Article 9g par. 2, art. 29 par. 1, art. 30a and art. 53 (1) 3a and 4-performs correspondingly: the mayor, the mayor (the president of the city), the administration of the district, the management board of the voivodship;
3. Article 6a par. 1 point 3 and paragraph 1 6 and 13, art. 9b ust. Paragraphs 3, 3a and 4 (2) and (4). 6 and 7, point 1, art. 9f ust. 1, art. 9g par. 3 pt. 1 and paragraph 3. 4, art. 18 (1) 4 and 5, art. 19 (1) 1, art. 22 par. 1, art. 26 par. 2, art. 54 para. 2 and 5, art. 56 par. 2, art. 61 (1) 3, art. 63 par. 2, art. 66 (1) 1, art. 85s ust. 4, art. 85t ust. 1, 2, 5 and Art. 85z ust. 1 point 2 and paragraph. 3 point 2-performs correspondingly: the mayor, the mayor (president of the city), the starosta, the marshal of the voivodship.
Chapter 12
Transitional and final provisions
Article 94. [ Acceptance of qualifications acquired under the applicable rules] 1. Teachers employed in schools or bodies of government administration in positions requiring pedagogical qualifications on the date of entry into force of the Act, who have obtained on the basis of existing regulations the scientific qualifications and pedagogical teaching or educational activities in schools of a given type and grade, are considered to be qualified to occupy a teacher's position or educators in these schools, if they do not have an education. the specified Article. 9 ust. 1 point 1.
2. For graduates of teachers ' studies who graduate in these studies after the date of entry into force of the Act, in the field of scientific and pedagogical qualifications, the provision of the paragraph shall apply accordingly. 1.
Article 96. [ Teachers appointed on a permanent basis on the basis of existing rules] 1. Teachers appointed permanently on the basis of existing regulations become teachers appointed within the meaning of the Act.
2. The teachers employed on the day of the entry into force of the Act on the basis of appointment to the appeal shall become teachers appointed within the meaning of the Act, if they meet the conditions laid down in art. 10 para. 2.
3. The teachers employed on the day of entry into force of the Act on the basis of:
1) the appointment of the appeal and not meeting the conditions laid down in the Article. 10 para. 2,
2) the appointment for a fixed term becomes the teachers employed on the basis of a contract of employment within the meaning of the Act.
Article 99. [ Preservation of the powers deriving from specific provisions] Teachers who, by reason of their working conditions or qualifications, are entitled under specific provisions of the specific powers or benefits of an industry shall retain those powers or benefits in force on the date of entry into force. laws.
Article 100. [ Benefits of teachers] The benefits provided to teachers under the provisions of the Act shall apply from 1 September 1981, unless otherwise provided by the law.
Article 101. [ Repealed provisions] 1. The Act of 27 April 1972 shall be repealed. -Charter of rights and obligations of the teacher (Dz. U. Entry 114, of 1973 items 89 and 1977. items 43) as far as teachers are concerned.
2. However, until the adoption of the implementing rules provided for in this Act no longer than until 31 July 1982, the provisions to date with the amendments resulting from the Act shall apply.
Article 102. [ Entry into force] The Act comes into force on the day of the announcement.
[ 1] Currently: provisions on the protection of the rights of tenants, the housing share of the municipality and the amendment of the Civil Code, pursuant to art. 38 of the Act of 21 June 2001. on the protection of the rights of tenants, the housing share of the municipality and on the change of the Civil Code (Journal of Laws of 2016 items 1610), which entered into force on 10 July 2001.
[ 2] Repealed by Art. 1 point 47 of the Act of 18 February 2000. o Change the Act-Teacher Charter and change some other laws (Journal of Laws No. 19, pos. 239; ost. zm.: Dz.U. z 2003 r. items 1304), which entered into force on 6 April 2000.
[ 3] Repealed by Art. 1 point 56 of the Act of 18 February 2000. o Change the Act-Teacher Charter and change some other laws (Journal of Laws No. 19, pos. 239; ost. zm.: Dz.U. z 2003 r. items 1304), which entered into force on 6 April 2000.
