Immoral Misconduct of the Teacher: The Legal Assessment of the Concept and Consequences in the Field of Labor and Civil Law
The article classifies immoral misconducts into: compatible and incompatible with a work continuation; disciplinary offenses and other labor offenses; participation of a teacher and a student, directly observable and etc. It is proved that the incompatibility of an immoral offense with the certain work continuation should be viewed not as the only qualifying attribute, but along with other circumstances (the employee’s guilt form, his/her previous behavior, the presence or absence of such acts in the past, the place of an immoral act committing). An employer must be given the right to terminate the employment contract on his own initiative, if the employee performing educational functions committed an immoral misconduct outside the workplace and took measures to bring information about this to an indefinite group of people (a post in Instagram, uploaded video on YouTube, an announced story on the TV show). If the teacher commits an immoral act outside the workplace and this becomes known by accident, without an intention of a teacher, then the application of the labor law measures on dismissal is questionable. This is justified by the fact that labor law is aimed to regulate relations in the labor process. Any actions of persons outside the place of work can be evaluated from the legal point of view, and if there are grounds, they are qualified as civil, administrative or criminal offenses. More harmful is the immoral act that was committed directly in the period of the work duties performance as a result of a contact with a student or in his/her sight. Therefore, the period of immoral offense detection committed outside the workplace and the period of sanctioning should be less.