What is a disciplinary measure in school
In exercising their profession, teachers must adhere to duties and a code of conduct that the profession itself and work in the public service entail. This code of conduct is attached to the national collective agreement and must be published on the homepage of every school or displayed in a clearly visible manner for all.
Sorted by severity:
- The written warning in the event of minor misconduct
- The written reference or a written warning in the event of a slight and non-serious offense
- The temporary suspension from work for up to one month due to negligence, violation of official secrecy or violation of the duty of supervision
- The temporary suspension for one to six months in the offenses listed above, if the teacher acts in his own interest and abuses his office
- The temporary suspension for six months and subsequent assignment of other activities in the case of imprisonment not less than 3 years
- The permanent dismissalfor serious offensesthat contradict the teaching profession, for damage caused to the administration, misappropriation of funds, non-compliance with service instructions, acceptance of bribes.
- The final dismissal for all offenses listed here (without prior notice for the offenses listed under points 1, 2 and 4)
In the case of repeated offenses, the next higher penalty can also be applied.
Disciplinary sanctions are also enforced in the event of transfer, resignation or interruption of the service.
The final dismissal is also applied if the responsible administration gives the teacher a negative evaluation of the service rendered due to legal bases within a two-year period due to repeated violations of official duties.
Responsible for issuing a written warning, reprimand, and temporary suspension from duty for no more than ten days.
Office for Disciplinary Measures (located in the Education Office):
Responsible for disciplinary proceedings that lead to higher disciplinary penalties. The school management staff must submit the relevant documents to the responsible office within five days of becoming aware of them.
- As soon as a school manager is made aware of a misconduct by a teacher, they must report the misconduct to the teacher in writing by means of a registered letter and invite them to an oral hearing. Thereby, knowledge of the misconduct and the written warning are allowed no more than 30 days pass away. Between the written submission and the oral hearing of the accused must pass at least 20 days, that means that the oral hearing cannot be scheduled earlier. The teacher can call in a union representative as legal advisor to the hearing.
- If the teacher wants to refrain from an oral hearing, they can submit a written reply. The date of the oral hearing can be postponed once for a justified reason.
- Between the written request and the conclusion of the disciplinary proceedings (by imposing the disciplinary penalty, after considering all elements, or by archiving the proceedings) no more than 120 days pass away. If the date of the oral hearing is postponed by more than 20 days, all further deadlines will be extended accordingly.
- Failure to adhere to the expiry periods leads to the automatic termination of the disciplinary proceedings and the associated consequences for the responsible body. In this case, the accused teacher has no right to a defense.
The disciplinary penalty can be appealed to the labor court. The arbitration attempt is a possibility for both sides to settle the dispute out of court, but is no longer mandatory. With the new regulation, the possibility of appealing to the state school board or the national school board has been abolished for teaching staff with permanent employment contracts.
At this point we remind all members that in these cases we offer free legal assistance from lawyers we trust.
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