On behalf of the Russian Federation
of July 15, 2022 No. 32-P
On the case of check of constitutionality of parts one and the eighth article 332 of the Labor Code of the Russian Federation in connection with the claim of the citizen A. A. Podakov
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, A. Yu. Bushev, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov,
being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
Reason for consideration of the case was the claim of the citizen A. A. Podakov. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the applicant of legislative provision.
Having heard the message of the judge-speaker S. P. Mavrin, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to article 332 of the Labor Code of the Russian Federation:
employment contracts on substitution of positions of the pedagogical workers belonging to the faculty can consist in the organization performing educational sales activity of educational programs of the higher education and additional professional programs as sine die, and for the term determined by the parties of the employment contract (part one);
when electing the worker on tender on substitution of the position of the pedagogical worker belonging to the faculty which is earlier held by it according to the terminal employment contract, the new employment contract can not be signed; in this case action of the terminal employment contract with the worker is prolonged by agreement of the parties, concluded in writing, for certain term no more than five years or sine die (part eight).
1.1. Constitutionality of the given legislative provisions is disputed by the citizen A. A. Podakov who worked from September 4, 2006 to January 31, 2020 in Federal state-funded educational institution of the higher education "State university of management" (further - the State university of management) as the associate professor based on consistently signed terminal employment contracts with effective period from September 4, 2006 to January 31, 2007, from February 1, 2007 to June 30, 2011 and from July 1, 2011 to June 30, 2013. At the same time to the last employment contract signed on June 30, 2011 the parties repeatedly signed supplementary agreements about prolongation of term of its action. The last of such agreements is concluded on August 22, 2019 for the term of 5 months (from September 1, 2019 to January 31, 2020).
According to A. A. Podakov's statement of September 9, 2019 for provision it long leave with preserving the salary for completion of work on the doctoral dissertation to it for the specified period was granted from September 11, 2019 to January 31, 2020 only leave non-paid as the applicant did not observe the procedure of the request for provision of additional paid leave to persons allowed to degree of the candidate of science or doctor of science including the notification the job seeker of the employer about intention to exercise the right to provision of such leave in writing not later than one year before expected date of its beginning established by the operating regulatory legal acts (Item 3 Corrected leave provisions to persons allowed to degree of the candidate of science or doctor of science, No. approved by the Order of the Government of the Russian Federation of May 5, 2014 409).
On September 13, 2019 A. A. Podakov was notified on the termination of the employment contract in connection with the expiration of its action. On December 27, 2019 he submitted the application for participation in the competition on substitution of vacant position of the associate professor of private law announced by the State university of management on December 13, 2019, however on January 21, 2020 withdrew the specified application, and on January 31, 2020 was dismissed on the basis, stipulated in Item 2 parts one of article 77 of the Labor Code of the Russian Federation (in connection with the expiration of the employment contract).
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