Do not let out from the black list

The court rejected the claims of the teachers dismissed from the Higher School

At the end of September this year, a teacher of philosophy and member of the University Solidarity union Ilya Guryanov, professor of the Faculty of Law of the Higher School of Economics Elena Lukyanova and Irina Alabastrova filed a lawsuit against the university. Teachers accused the university of illegal dismissal and demanded to restore them in the work, as well as pay moral compensation and earnings during a forced absenteeism.

Lukyanova, Alabastrova and Guryanov were not the only dismissed employees: in just 2020, the tower did not extend the contracts with almost twenty teachers. The main reason referred to the university is the reorganization of the faculties of law and the humanities. So, for example, the school of philosophy and the school of cultural studies was combined into the "School of Philosophy and Culturology." However, the teachers themselves do not agree with this explanation.

They associate their dismissal with the so -called black lists, which included employees adhering to opposition views.

According to the Regulation on the procedure for replacing the positions of teachers, the teacher successfully passed the competition is concluded in the manner determined by labor legislation. The provision also states that "when electing an employee on a competition for replacing the previously occupied employee, a new employment contract may not be concluded under a fixed -term employment contract."

It is this normative act that the teacher of the school of philosophy Ilya Guryanov refers in his claim, who at the beginning of the year held a competition for the position of senior teacher. Upon passing the competition, the university had to conclude either a new employment contract with him or an additional agreement to the current employment contract, but this, according to Guryanov, was not done.

“The Labor Code has a number of articles that prescribe procedures for concluding labor relations with higher education workers. The tower, from our point of view, violated a number of provisions that guarantee the labor rights of the university employees. The teacher has labor relations with the university, according to the Labor Code, arise on the fact of passing the competition. Already after passing the competition, signing an agreement with the teacher is not a good will of the university, this is his duty, because we are already in labor relations, ”says Ilya Guryanov about his attitude to the decision of the university.

The professors of Irina Alabastrova and Elena Lukyanova have a similar situation: they did not conclude labor relations with them, despite the passage of the competition. All three teachers in their claims focus on this fact.

The 59th article of the Labor Code states that in the case when none of the parties demanded the termination of the fixed-term employment contract due to the expiration of its validity and the employee continues to work after the expiration of the employment contract, the condition on the urgent nature of the employment contract loses strength, and the employment contract is considered concluded for an indefinite period.

Formally, the labor agreements of Irina Alabastrova and Elena Lukyanova expired on March 31, but they, according to Alabastrova, after that they continued to work at the university and received a salary.

“[After the deadline for the employment contract] I worked strictly according to the schedule, in accordance with the curriculum, I carried out the load. So, moreover, the Higher School of Economics prepared an additional agreement for an employment contract, where a new term of this employment contract was not indicated. And then suddenly, like Gene from a bottle, an order jumped out that I was concluded with a contract before August 31. This is a disgrace, such an order cannot serve as the basis for the establishment of any terms of the contract, because they are supported exclusively by agreements of the parties, but nevertheless, that is, that is, of course, we are against such arbitrariness, ”Irina Alebastrova told“ New ”.

The professor also stated that the Higher School argument due to dismissal due to the reorganization of the faculties is insolvent, since the changes at the faculties, according to her, did not give rise to the educational process. Alabastrova demands to recover 167 thousand rubles from the university. During forced absenteeism, as well as compensation for non -pecuniary damage in the amount of 200 thousand rubles.

The trials of all three teachers were held in a row on one day. The first was the lawsuit of Elena Lukyanova. The journalist "New" was not allowed into the meeting room. Instead of Lukyanova herself, its representative Yevgeny Poroshin came to the Basmanny District Court. At the meetings, the co -chair of the university solidarity union Pavel Kudyukin was also present as a third party.

In the corridor of the court there were witnesses from HSE in the person of employees of the university administration. Irina Alabastrova first approached one of the witnesses with the question:

“Have you come to oppose us?”

“I did not come to oppose, I came as a witness,” the man answered.

“But witnesses are from different sides, but you are not from ours,” Alabastrova concluded.

Another witness from the university’s part of the university on a similar question from the teacher, bashfully laughing, asked her not to ask her. When Irina Alabastrova went into the meeting room, the witnesses began to discuss her issue among themselves.

“You do not advocate or against, you, as an employee of the administration, came to fulfill your administrative duties. As a person, you are clear what you think about this whole situation, but you came here not as a person, but as a function, ”they reassured each other.

The lawsuit of Elena Lukyanova, who was considered for several hours, was rejected.

“HSE representatives insisted all that the lawsuit should be rejected because the deadlines missed. In their opinion, the date from which this period was to be counted is not an order to dismiss on August 31, but the moment when, from their point of view, the plaintiff should have become aware that the contract is concluded until August 31, that is, they believe that this was directly on March of this year, ”said Pavel Kudyukin, member of the trade union.

The consideration of the claim of Irina Alabastrova was postponed before receiving additional documents.

The judge also rejected the lawsuit of Ilya Guryanov: “Alas, my lawsuit was also rejected in the first instance: I have to go further through the instances and submit an appeal. The prosecutor, as the impression of those present, read out a pre -prepared decision: he read it very confusedly, without delving into the meaning of what is said. Shame on such an attitude to the rights of university employees! ”

Now Guryanov continues to work in the Higher School, but at a different headquarters. If earlier he had 1.5 rates (teaching and scientific), now only scientific remains. For his research activity, he now receives 6 thousand rubles.

“I am very grateful that many colleagues came and said that you have such a situation, and I have a scientific project, let's do this part, and we will pay you your research work. I was in such a depressed emotional state, when it became clear that so many years of my work on the reputation of the tower - all these efforts with publications, with an international magazine - in fact, all this turned out to be crossed out, ”says Ilya Guryanov.

At the same time, despite the current situation, both Guryanov and Alabastrov want to continue working in the HSE.

“Of course, I plan to [return]. What should I be afraid of? I work with students, not with the administration,

Not for the administration, I have never been there for the administration. Our students themselves are with a mustache, they themselves understand the situation well, and they are waiting for us, ”Irina Alabastrova summed up.

Several teachers with whom the university did not extend the contract launched an independent educational project - “Free University”. The initiators were teachers of the philosophy school Victor and Julia Gorbatova, Kirill Martynov and a professor at the HSE Law Faculty Elena Lukyanova.