Former director of the Moscow school Davor Tuba won the trial and will continue to fight

Meanwhile, the confrontation between the dismissed director and the parents who stood up to protect him with the Moscow Department of Education is acquiring a form of a state of emergency of All-Russian level.

Irina Gratsinskaya

Is the problem in a problem child?

The Moscow City Court declared illegal the order of the Department of Education and Science of the City of Moscow No. 02/31 dated January 18, 2020 on the dismissal of Davor Tuba under paragraph 3 of Part 1 Thu. 77 of the Labor Code of the Russian Federation. By a court order, the dismissal date was changed from January 18, 2020 to June 30, 2020. Also, the court ruled to recover from the State Budgetary Educational Institution of the city of Moscow "School No. 113" in favor of the dismissed director the average earnings for the period of forced absenteeism in the amount of 1,570,338 rubles. and compensation for moral damage 1 ruble.

Davor Tuba at school No. 113 is not an accidental person. A Serb by nationality, who fell under the NATO bombing as a child, he came with his family to Russia and graduated from the 113th Moscow school (previously it was number 20). And after graduation, he returned to school as an ordinary teacher, became a head teacher, then a director. In total, he is 22 years old in this school. Of these, 4 and a half years worked as a director. Davor Simovic was always in touch with both parents and children. In their words, he personally delved into all the problems and quickly solved them.

The dismissal of Tuba has already been overgrown with numerous publications and posts on social networks. Let us briefly recall this sensational story.

In one of the classes of the 113th school, there was a "problem" repetitive boy from a dysfunctional family. His mother served time for a brutal murder, his father for theft. Now, at the age of 17, the young man has already 7 drives to the police. But neither the guardianship nor the Moscow Department of Education in a strange way interfere in the affairs of this family and in the upbringing of the child, who until the 113th school was in home education. According to the teacher, who had previously worked with him, the boy did not know the most elementary things. At some point, the grandmother decided to transfer the child to school, apparently hoping that this would solve some of the problems. But it happened differently.

“What this teenager arranged at school can only be described as a beating for hooliganism reasonings. He was saved from being "imprisoned" only by the fact that at the time of that incident several months were not enough for him until he was 16, - says Pavel Subbotin, a member of the School's Parents' Council. - During the lesson, the boy turned his back to the teacher and began to swing to the beat of the music that sounded in his headphones. When the teacher reprimanded him and tried to take off his headphones, he injured the teacher in the head with brutal professional blows, glasses cut her face. Then the teenager grabbed the panel from the interactive whiteboard, smashed it and began to smash the display cases in the closets. He injured himself with the broken glass. A security officer came, but he could not twist the guy: it is now impossible without legal representatives. Soon the director, Davor Simovic, came running from another building. The students filmed everything that happened on their phones”, - recalls Pavel Subbotin.

By a strange coincidence, the director became the victim of the incident. Instead of assessing the teenager's behavior and finding out what was going on in his family, the Department of Education forced the school principal to write a letter of resignation.

“I got a call from the Department of Education and said: “Either you write an application of your own free will, or you won't be able to work anywhere in Moscow. ” On Saturday, I was summoned by the deputy head of the Department of Education, and they gave me a document confirming my dismissal, although Saturday is not a working day. In my place was hastily put in a protege of the leadership of the Department of Education. The document that was issued to me violated both the Labor Law and my employment contract", - the former director of the educational complex No. 113 Davor Tuba told Novye Izvestia.

At the disposal of the editorial office there is a document on the appointment of a working Saturday and a call to work in the DOGM (Department of Education and Science) of several employees. This document does not bear the signature of the head of the Department, only the signature of the employee of the Department of Education and Science Geraskina. From a legal point of view, it has no force, as well as the actions of the people involved in the dismissal.

Within a few hours after his dismissal, almost fifteen hundred people - parents and students of the school - went to a rally in defense of Davor Tuba. Almost the entire microdistrict suddenly rose. Soon the public organization "Nashe Delo" (Our Matter - editor's note) was formed.

Uncontrolled purchases and inconvenient director

Why was the director so hastily forced to resign? Here is Davor Tuba's version:

“Formally, in words, I was accused of an incident with a boy and a teacher, which got into social networks and the media. In fact, the intrigue is connected with city purchases, in which our school was forced to take part. So, I was recommended to buy an inflatable “Astronomical Dome” for the school for 4.5 million rubles. In total for Moscow schools the contract of the Lanit company, which produces these astronomical domes, was 1 billion rubles. I questioned the quality of this "tutorial" and its usefulness. There was a trial with the Lanit company, which lost it, as a result of which the contract was canceled. Then a certain commercial structure offered to purchase Lego kits for 8 million rubles. But we were not brought what was indicated in the description. I said that I had no right to accept such a product and refused. After that, they called me from the Department of Education, asked to reconsider the decision, but I refused. It seems that the Department of Education was involved in these millions of contracts, which I thwarted. And the incident with the teenager was just a pretext".

Members of the Council of Parents of School No. 113 also expressed the opinion that the incident with a repetitive year from a dysfunctional family who attacked a teacher and then cut himself with glass was simply a rigged one. We don’t undertake to judge whether this is so or not, but I think it’s not worth discounting such a version.

Contrary to the law

Today, the director of any Moscow school is an employee of the city's Department of Education, although he receives his salary from the school's budget. The dismissal of Davor Tuba did not take place according to the laws of a state institution, but rather contrary to them.

“There is a provision in the Labor Code of the Russian Federation that the employer must notify the employee about the end of the fixed-term contract at least 3 days in advance. In the case of Davor Tuba, this did not happen. Now the Moscow City Court partially satisfied the applicant's claims, Davor was reinstated at work for a period until 30 June with payment of the corresponding monetary compensation. But we do not agree with the decision of the Moscow City Court to reinstate Davor at work only until June 30, we will insist in the cassation instance that the Agreement is indefinite. In addition, in our opinion, some documents were falsified by the department. We wrote a complaint to the General Prosecutor's Office with a request to check the legality of the dismissal procedure, ” attorney Dmitry Golovach explained to NI.

"School is our business!"

So what happens? The court acknowledges that the Moscow Department of Education is violating labor laws, and the department itself is filing a cassation appeal against the decision of the Moscow City Court. And refuses to admit that he was wrong.

The DOGM (Department of Education and Science) did not comment on the decision of the Moscow City Court.

The question arises: what will be the result of this long and exhausting struggle? It is difficult to predict the outcome of the courts that are coming, but the fact that the Department of Education is violating labor laws is already clear. Another result of this confrontation was the unification of all those who are not indifferent to the future of Moscow education around the parents of the 113th school.

Already at the first rally in support of Davor Tuba, thousands of people gathered who spoke out about distance learning, school programs, school meals, and the election of school principals. The dismissal of Tuba was the reason for this.

"The leadership of the DOGM ignored the principle of elective school principals, which is enshrined in the Federal Law on Education. In fact, today the opinion of parents is not taken into account, and their influence on the educational process is impossible. In the situation with Davor Tuba, they acted contrary to the opinion of the collective, children and parents. the precedent shows that no success of the director can be taken into account if he did not come to the court of the leadership of the department",- the chairman of the Council of Parents of School No. 113 Svetlana Berdichevskaya told Novye Izvestia.

The disgraced Davor Tuba, the parents of the students of the 113th school and their supporters intend to continue the struggle and reach the Supreme Court, if necessary.