ETHICAL NORMS AS REGULATORS OF LABOR RELATIONS, AND UNSPORTING BEHAVIOR OF A TRAINER ON THE INTERNET AS A BASIS FOR TERMINATION OF A LABOR AGREEMENT

Abstract

Aim. The purpose of the study is to establish the legal consequences of violation of ethical standards by employees and to determine the content of the misconduct committed by the trainer and considered as incompatible with the continuation of labor relations, including those in the Internet. Materials and methods. Study and logical analysis of legislative acts and court decisions on disputes on violation of professional ethics and misconduct incompatible with the continuation of labor relations; synthesis of concepts and theoretical provisions; generalization of the advanced experience of foreign countries. Results. The analysis of legislative acts and court decisions on disputes on violation of professional ethics and misconduct incompatible with the continuation of labor relations allowed us to determine the cases when ethical and moral standards can act as regulators of labor relations and also allowed to establish the criteria for misconduct committed by trainers on the Internet and being the basis for dismissal. Conclusion. In the guidelines of the Supreme Court of the Russian Federation, it is necessary to state a list of approximate criteria for assessing immoral misconduct committed by a trainer, including those in the Internet. These include: the employee's attitude to the committed act, including the possibility/probability of the recurrence of such behavior; time limitation of the commission of an act; assessment of the consequences of such behavior (whether this behavior led to violation or deterioration of discipline or the educational process); the attitude of colleagues and students towards misconduct; the recognition of obscenity and conflict with public morality in the actions of the employee. This conclusion is proved by the positive experience of foreign countries. It is unacceptable to publicize unethical behavior of employees without their written consent or to submit such cases for general discussion. In order to effectively regulate labor relations and observe ethical standards in professional activity, specific guidelines for Internet behavior should be included in the codes of professional ethics of trainers and teachers.