Teachers' rights can be divided into two parts: one is the rights that teachers enjoy as citizens; Second, as teachers' rights, these rights are related to teachers' professional characteristics, which are unique to teachers' profession. These two parts of rights are both related and different. Some rights enjoyed by teachers as citizens are embodied in their profession. However, some rights are unique to their profession and different from those of other citizens. Combined with the professional characteristics of teachers, teachers' rights include the following six items:
Education and the right to education
Article 7 1 of the Teachers Law stipulates that teachers have the right to "carry out educational and teaching activities, carry out educational reform and experiments." This is the most basic right of teachers, and no organization or individual may illegally deprive in-service teachers of this basic right to engage in educational and teaching activities, educational reform and experiments. Its basic meaning includes (1) that teachers can organize classroom teaching independently according to the specific requirements of their school plans, teaching workload and their own teaching characteristics. (2) according to the requirements of the syllabus, determine the teaching content and progress, and constantly improve the teaching content. (3) Reform and experiment the forms, methods and specific contents of education and teaching for different educational objects.
One thing needs to be explained, people who do not have the qualifications of teachers shall not enjoy this right; For those who are qualified as teachers, have not been employed or have resigned, the exercise of this right is at a standstill, and once they are employed as teachers, the exercise of their rights will return to normal. Legally dismissing or waiting for posts does not mean infringing on this right of teachers. When teachers exercise this basic right, they should guarantee to fulfill their corresponding obligations and responsibilities.
(2) the right to scientific research and academic activities
Paragraph 2 of Article 7 of the Teachers Law stipulates that teachers have the right to engage in scientific research and academic exchanges, participate in professional academic organizations and express their opinions in academic activities. This is a basic right of teachers as professional and technical personnel. Teachers' right to conduct scientific research and academic activities includes the following four aspects:
1. Teachers can decide their own research topics and methods.
2. Teachers have the right to decide whether to join academic groups.
3. Teachers have the right to express their opinions in academic activities and decide whether to publish papers or works. However, it should be noted that in education and teaching activities, teaching should be carried out in accordance with the syllabus or basic teaching requirements, and personal opinions irrelevant to the teaching content and harmful to the healthy development of the educated body and mind should not be published at will.
Teachers' scientific research and academic activities should focus on improving the quality of education and teaching in schools.
(C) the management of students' rights
Paragraph 3 of Article 7 of the Teachers Law stipulates that teachers have the right to "guide students' learning and development, and evaluate students' behaviors and achievements. This is a basic right that is compatible with the teacher's dominant position in the process of education and teaching. Teachers have the right to guide students' learning according to their physical and mental development and characteristics, and give guidance to students' specialties, employment and further education. Teachers have the right to make a fair evaluation of students' moral learning, social activities, labor and cultural activities, and the relationship between teachers and students. Teachers have the right to be strict with students, praise good behavior and criticize bad behavior. And guide the development direction of students according to their personality. "
Teachers should guide students' learning and development. Teachers should first change traditional education concepts, establish modern education concepts, establish correct views on students and quality, change from exam-oriented education to quality education, correctly guide students' development direction, teach students in accordance with their aptitude, promote their healthy development, and cultivate all aspects of quality and talents.
Teachers should conscientiously exercise the right to manage students, strengthen the management of students in all aspects, and combine care with strict requirements to help students grow up healthily. Song Guangyao, an excellent teacher of Tianjin Railway Engineering School, is good at combining strict education with caring for students, which is worth learning. One day, some students in his class beat other students, and he accompanied them to the hospital for treatment. In order to educate the students who beat people, Mr. Song gave him a serious criticism and education. The students who hit people realized their mistakes and borrowed money to pay the medical expenses, expressing their willingness to accept the punishment. Afterwards, Mr. Song saw that the student could correct his mistake and understand his difficulty in paying medical expenses, so he said to the student, "Your mistake in hitting people is very serious. I don't give you enough education at ordinary times, and I have a great responsibility. Your parents gave you to me, and I should be responsible for you, so I will bear the medical expenses. " So he paid back the money for the students. Teacher Song's education of combining leniency with severity deeply touched students' hearts. He took the initiative to tell his parents about it, and his parents rushed to school to cooperate with the teacher to educate him. From then on, the student not only overcame his bad habits, but also took the initiative to care for and love his classmates. Strict requirements for students are formed by students' ideology and morality.
The characteristics of the development process determine that the ideological contradictions and struggles within students are the driving force for the formation and development of ideological morality and the progress of students. However, the internal struggle of students' ideological and moral character cannot be separated from the external conditions of education. Teachers' strict requirements are an important condition to promote students' inner ideological struggle. Teachers can't take the place of students' ideological struggle, but they can consciously apply the law of ideological contradiction struggle and put forward strict and reasonable requirements, inspiration and guidance from the current development level of students in order to accelerate students' ideological contradiction struggle. Numerous educational practices show that only strict requirements can better cultivate talents. But strict requirements are not as strict as possible, nor are they cold and strict requirements. Teacher Lin Wan's experience is: "Only when one point is strictly mixed with nine points of emotional honey can it become nectar". Only manna can moisten seedlings and thrive.
(4) the right to remuneration and treatment
Paragraph 4 of Article 7 of the Teachers Law stipulates that "teachers have the right to receive wages on time, enjoy welfare benefits stipulated by the state and take paid breaks in winter and summer vacations", which is the embodiment of citizens' right to work and workers' right to rest as stipulated in the Constitution. Its basic meaning includes: (1) Teachers have the right to require their schools and their competent departments to pay wages on time and in full according to the provisions of the Education Law and the teachers' employment contract. (2) Teachers have the right to enjoy the welfare benefits stipulated by the state. What does salary include: including basic salary, post salary, class salary, bonus and allowance, allowance of class teacher and other allowances. Welfare benefits generally include medical care, housing, retirement and other benefits and concessions. Some places in China have made useful attempts in stipulating teachers' treatment and provided some practical experience. For example, Shanghai stipulates that the average salary level of teachers is higher than the average salary level of national civil servants in this city 10%. Another example is Fujian Province, which stipulates that during the Eighth Five-Year Plan period, efforts should be made to make the salaries of all teachers higher than the average income of local employees owned by the whole people and above the national economy 12 industry average.
Many countries have adopted similar methods to stipulate teachers' salaries, which often exceed those of people with the same conditions in other industries. Japan stipulates that the salary of primary and secondary school teachers must be higher than that of ordinary civil servants. At present, Japanese primary and secondary school teachers are generally higher than 15% of other professionals with the same education. However, we should see that developed countries have given teachers higher wages and settled them in law, which did not happen overnight, and they all went through a period of development. From the post-war to the early 1970s, the average salary of primary and secondary school teachers in Japan has been lower than that of enterprise employees. The outflow of excellent teachers is serious, and the teaching staff is in crisis. To this end, the Japanese government promulgated the Law on Special Measures for Teachers' Salary in National and Public Compulsory Education Schools, and implemented a three-year plan for teachers' salary increase, so as to ensure its implementation in legal form and make the teaching profession an enviable profession.
(5) Participate in democratic management.
The fifth paragraph of Article 7 of the Teachers Law stipulates that teachers "have the right to put forward opinions and suggestions on the work of school education, teaching management and education administrative departments, and participate in the democratic management of schools through staff congresses or other forms", which is called "teachers' democratic management right".
Teachers' participation in school management is reflected in the following four aspects:
1. Listen to the headmaster's work report, discuss major issues such as the school's annual work plan, development plan, school reform plan and the construction of teachers, and put forward opinions and suggestions.
2. Discuss and adopt the post responsibility system scheme, the management measures of staff rewards and punishments and other basic rules and regulations related to staff, which shall be promulgated and implemented by the principal.
3. Discuss and decide the principles and methods for the allocation of staff housing, the management and use of staff welfare funds and other collective welfare matters related to staff.
4. Democratic supervision of school cadres at all levels, evaluation, praise and criticism of cadres, and suggestions on reward, promotion, punishment or dismissal to higher education administrative departments when necessary.
Teachers should pay attention to the principle of democratic centralism when participating in school management, and the heads of schools and educational administrative departments should not suppress teachers' criticisms and opinions.
(6) the right to further education and training
Article 7, paragraph 6, of the Teachers Law stipulates that teachers "have the right to participate in continuing education or other forms of training".
This right of teachers is also the obligation of the government and schools, and the government and schools should take measures to implement this right of teachers. At present, a considerable proportion of primary and secondary school teachers in China do not meet the statutory academic standards, and the overall quality of rural primary and secondary school teachers is more prominent. Therefore, this provision is very necessary. The education administrative departments of governments at all levels and school principals should do a good job in continuing teacher training, and the education administrative departments should actively undertake this training task. For teachers who do not meet the qualifications, we should strengthen training. The purpose of this training is mainly to supplement the basic knowledge and ability necessary to achieve qualification, which belongs to basic training. For qualified teachers, the emphasis is on-the-job training, updating knowledge and improving the level, which is what we call continuing education. With the progress of science and technology and the development of economy, continuing education has become a modern education system.
As an important part of the curriculum, it is of great significance to improve teachers' quality and better perform their duties of teaching and educating people. With the rapid development of science and technology, teachers must constantly broaden their knowledge and improve their teaching ability. As teachers, we should make full use of the conditions provided by the administrative department of education and school leaders, participate in advanced studies and actively participate in training.
While enjoying the right of continuing education and training, we feel that teachers should establish new ideas to adapt to the development of education in the 2/kloc-0 century.
1. Concept of lifelong education: The Organization for Economic Development in Europe (OECD) clearly puts forward the concept that teachers need to receive lifelong education throughout their career.
2. Establish a school-centered concept of further education.
Many international seminars have been held on this issue. This concept of continuing education coordinates the cooperation between trainees and teachers and discusses the problems faced by the school together. It is necessary to improve the ability to solve practical problems in the school as a whole and improve the effectiveness of training and continuing education. While paying attention to the discussion of practical problems in the school, it also affirms the effective value of the way of continuing education guided by experts and scholars outside the school.