What a gift a teacher should have, and whether it is necessary, in general, to give it is a question that concerns parents and students at all times. It is no secret that in some cases it came to direct orders for expensive jewelry, equipment, trips. With the advent of purchase certificates, the situation has only worsened. For the year for such gifts on every occasion (Day of Knowledge, Teacher's Day, New Year, March 8, the last bell, teacher's birthday, and so on) the average family laid out a very tidy sum.
Some active parents, confident that the teacher’s attitude towards children directly depends on the quantity and cost of gifts, offered to give them even, for example, on Mother's Day and even on the Day of Memory of Faith, Hope and Love. Those who refused to make money were reported to the teachers, thus “correcting” both the assessments and interpersonal relations. This situation could not continue indefinitely, appeals to decency did not affect greedy teachers and unduly “generous” parents, as a result this disorder was limited by law.
Prohibition Act
To solve the problem of fighting corruption, the Federal Law regulating the procedure for donation was called for (article 575 of the Civil Code of the Russian Federation). Initially, the amount spent on the purchase of a gift should not exceed five times the minimum wage. In the new edition, which entered into force on 12/30/2018, a stricter limitation was adopted.
Now, within the walls of an educational institution, it is prohibited to accept any gifts whose value exceeds 3,000 rubles.
Taking such a gift is prohibited not only for teachers, but also for educators and doctors. This will be regarded as receiving a bribe. But this prohibition does not apply to rewards received from management.
In addition, it is legal to present something to your beloved teacher only in honor of a birthday, professional or public holiday. The Ministry of Labor of the Russian Federation submitted for discussion another bill that is supposed to be adopted by mid-2019. To thank the teacher or doctor can be only a bouquet of flowers or stationery. It must be exactly the printing products: calendar, notebook, notebook.
What gifts can I give?
The adopted restrictions, of course, make it difficult to choose a present.
In order not to let down a teacher or a doctor, one should be guided by the following principles:
- the presentation of the gift should be timed to the significant date;
- This is a free action, which does not imply any response, that is, on the eve of the exam, test, test, nothing can be given;
- teacher's attitude to students and parents should not depend on the value of the gift;
- traditional gifts, such as coffee, tea, sweets, alcohol, are prohibited.
The cost of the gift is limited to three thousand rubles.
In case of exceeding this amount, the teacher must:
- give the gift to the municipality, where the gift will be put on the balance, and then either put up for sale, or used for its intended purpose;
- reimburse the amount spent on the purchase of a gift;
- leave a gift to the giver.
As for the gift, there should be no prior agreement between the donor and the donor. If this is a pleasant surprise on the eve of the holiday - this is a gift, otherwise - a bribe.
It is worth noting that a bribe is not only cash.
To it are equated:
- vacation vouchers, spa treatment, paid hotel accommodation;
- tuition, treatment;
- jewelry, transportation, household appliances, furniture;
- tickets to attend a concert, exhibition, theater;
- subscriptions to fitness centers, beauty salons;
- the provision of various benefits;
- paid visit to a restaurant, club, cafe;
- recognition of the right to inheritance by will.
The question of whether it is possible to present a teacher with a memorable album with photographs or, as a more modern version, a video film depicting significant moments from class life and thank-yous or wishes on behalf of students and parents, is causing controversy. These touching gifts do not belong to stationery, but, on the other hand, are valuable only as a memorable souvenir.
In addition, the law does not specify several very important points.
- What to do if parents of their own will collect 3 thousand rubles each and will present the entire amount in an envelope. It would seem that there is no actual violation of the law, but if there are 20-30 people in a class, then the total amount will already be very significant.
- The cost limit applies only to gifts handed directly to the school, kindergarten or in a hospital. Thus, if this happens at a festive event rendered outside the walls of the institution, then such offerings can be taken.
- The punishment for accepting a bribe is imposed by the management of the institution. How to determine the degree of guilt of a teacher is a very subjective question. Most often it is a fine, but it can also be a dismissal.
- Voluntary surrender of a costly gift left to the discretion of the teacher, but he may not be aware of its true value, and parents who are unlikely to inform him about the leadership.
Thus, it is possible to interpret such cases as you please, and it is quite possible to find a “loophole” for corrupt intentions.
Of course, a teacher or doctor who values his reputation will not act in this way, but the law does not provide complete protection against the greed of some representatives of these professions.
The reaction of teachers and parents
Opinions of teachers and parents on the issue of gifts are divided. On the forums where this topic was discussed, serious battles flared up. On the one hand, many teachers were offended by the fact that this topic, in general, was proposed for discussion. Cases of outright extortion on the part of teachers are not so frequent a phenomenon as to stipulate it at the legislative level, it was enough to introduce these rules at the level of the statute of the educational institution or ethical code.
The teacher is, indeed, a difficult and responsible profession. In addition to knowledge of the subject, the ability to convey information to students, the teacher must have a considerable reserve of mental strength to organize the educational process. And it is quite understandable that the sincere desire of parents and students to thank the teacher for attention and care is.
Many teachers offer in these cases to contribute to the acquisition of visual aids, didactic materials, technical equipment of the office, categorically refusing personal offerings.
And, indeed, the parents confirm that the class teachers still at the preliminary parent meetings before the school year warn that they do not accept any presents, offering, on significant dates, to be limited to a common bouquet from the class. Material resources, if desired, should be sent to the benefit of the school and their own children.
The teachers, in turn, complain that sometimes they have to literally “fight back” from persistent parents who manage to hide expensive gifts in books, flowers, souvenirs made by children. A decent teacher in this case falls into a very ambiguous situation.
For such a category of teachers, both the current law and the draft law under discussion are not only not burdensome and non-restrictive acts, but also a real salvation from active parents.
But there is another category of teachers who believe that the remuneration of their work should be significantly higher than the existing salary.
And to compensate for the difference, parents are “obliged” from their own pockets. Therefore, a gift to a teacher is a gift to him personally, and fees for school needs and equipment for the study room are a separate item of expenditure. And it is far from rare that such “teachers” make real scandals about a not generous gift.
These are the exorbitant appetites, forcing parents to lay out significant sums, and are designed to temper the legislative measures taken. Pupils will be protected from the fact that the attitude towards them of the teacher, the assessment of knowledge is measured by the amount collected for the "gift", in fact, a bribe.
Of course, disputes will continue, but it will still be possible to resolve emerging conflicts at the legislative level, protecting students and their parents from moral and financial losses.
The opinion of people about whether you can give gifts to teachers, you can watch in the next video.