Objektinės mokytojų teisės į sveiką ir saugią darbo aplinką ir subjektinių teisių užtikrinimo vertinimas.
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In the article the problem of teacher’s rights to a healthy and safe working environment is analyzed from the interdisciplinary (including sociology, education and law) point of a view. The cooperation between different disciplines including sociological analysis of law’s objects and educational information helped to reveal more objectively the legal dysfunctions, the creation of social technologies, combining the opportunities of legal and other social sciences. In the article, according to the results of empirical study, the evaluation of observation on security to realization teacher’s right to healthy and safe working environment is reflecting. The evaluation reflects some of the labor law in the legal regulation in the legal mechanism of the real social dysfunctions, resulting in circumstances of legal nihilism. The study is based on the results of a mass country-wide written survey of teacher’s. The diagnostic constructs and indicators of the survey instrument allow making the judgement on how and to what extent the teacher’s right to a healthy and safe working environment and right salary is secured/not secured in Lithuania from the perspective of subjective evaluations and opinions expressed by teachers, as well as through the disclosure of “truths of fact”. The specific factors of occupational activities are analyzed, as well as contexts and risk sources, causing increased occupational stress of the teacher’s, possibly forming assumptions for the macro legal nihilism of the government that made the systematic and massive justify for the breach of teacher’s rights. Teachers suffer from emotional, psychic and physic exhaustion which develops till professional dezadaptation due to the increased pedagogical load and the shortage of deprivation, also because of inequitable and poor salary; lack of social climate in working environment, and lack of material support. Thus the problem of the legally social teacher’s security realization gains the character of inversion. In the environment where occupational activity is evaluated using inversion, establishes the most opium opportunities, to violate the rights of teachers as professional workers, ignoring the norms of social security. Teachers feel stress through no of interrelationships between them and pupil, or the work during the lesson as it has been expected, as well as not due to the relationships with the administration, but for absence of parents’ help and support to teachers. The analysis of sociological, educational and legal problem shows that teacher’s as worker’s rights in the country are potentially violated in massive and systemic way. They are not single, but arise from the problems of the country and it is education’s macro level, the context of legal adjustment, in which the profession of the teacher functions marginally. This information reveals the objective need for the legislators and jurists to refer to legal guidelines of social conventionality of the legal adjustment in processes of legal regulation. In a scientific point of a view, the accomplished analysis foregrounds some level of teacher’s social vulnerability, and proves that lack of needful representative information determines the initiation of inappropriate decisions.
- Straipsniai / Articles