The working time of teaching staff, depending on the position held, includes:

Educational (teaching) and educational work, including practical training of students, individual work with students, scientific, creative and research work;

Other pedagogical work stipulated by labor (official) duties and (or) an individual plan - methodological, preparatory, organizational, diagnostic, monitoring work, work stipulated by the plans of educational, physical culture and health, sports, creative and other activities carried out with learners;

Periods of cancellation (suspension) of classes (activities of the organization for the implementation of the educational program, supervision and care of children) for students in individual classes (groups) or as a whole for the organization on sanitary-epidemiological, climatic and other grounds;

The periods of vacation time established for students of the organization and not coinciding for pedagogical workers and other employees with the established annual basic extended and annual additional paid holidays, annual basic and annual additional paid leaves, respectively.

The ratio of academic (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the educational organization, taking into account the number of hours according to the curriculum, specialty and qualifications of the employee.

1. Working hours of teaching staff
Important! For teaching staff, a reduced working time of no more than 36 hours per week is established.
Depending on the position and (or) specialty of teaching staff, taking into account the peculiarities of their work, the duration of working hours, the procedure for determining the teaching load specified in the employment contract and the grounds for changing it, the cases of establishing the upper limit of the teaching load of teaching staff are determined by the Order of the Ministry of Education and Science of Russia dated December 22. 2014 No. 1601.
For certain categories of teaching staff working in positions whose occupation is associated with the danger of infection with Mycobacterium tuberculosis, a 30-hour working week is established. Among these workers, according to the List approved by the Order of the Ministry of Health of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Education of Russia, the Ministry of Agriculture of Russia, the Federal Border Service of Russia dated May 30, 2003 No. 225/194/363/126/2330/777/292 , include: teachers, educators and teachers of additional education of health-improving educational institutions of a sanatorium type for children infected with tuberculosis; teachers, educators and teachers of additional education of the Russian sanatorium and rehabilitation center for orphans and children left without parental care, suffering from various forms of tuberculosis infection; teachers and pedagogues of additional education of general educational institutions working in hospitals for children suffering from various forms of tuberculosis infection.
Important! The norm for hours of study (teaching) work is set in astronomical hours.
At the same time, the norm of hours of study (teaching) work for a number of categories of workers includes changes and a dynamic pause. These categories of workers include:

• teachers of additional education and senior teachers of additional education;
• teachers of organizations carrying out educational activities in the main vocational training programs.

The volume of the teaching load established for the teaching staff is stipulated in the employment contract concluded between the teaching staff and the organization carrying out educational activities.
Important! The volume of the teaching load of teaching staff is established at the beginning of the academic year (training period, sports season) and is established by the local regulatory act of the employer.
Local normative acts of educational organizations on the determination of the teaching load of teaching staff, as well as its changes, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if any).
The volume of the teaching load of teaching staff (except for teaching staff replacing the positions of the teaching staff *), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) on the initiative employer, except for a change in the volume of the study load towards its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a decrease in the number of students, students, groups, a decrease in the number of classes (classes-sets) in relation to the following categories of workers:

• teachers of organizations that carry out educational activities in the basic general educational programs (including adapted ones);
• teachers of organizations carrying out educational activities on additional general educational programs in the field of arts, physical culture and sports;
• teachers of additional education and senior teachers of additional education;
• trainers-teachers and senior trainers-teachers of organizations carrying out educational activities in educational programs in the field of physical culture and sports;
• speech therapists of medical organizations and social service organizations;
• foreign language teachers of preschool educational organizations;
• teachers of organizations carrying out educational activities in educational programs of secondary vocational education of a pedagogical orientation;
• teachers of organizations carrying out educational activities in the main vocational training programs.

In other cases, changing the volume of the study load is allowed only by agreement of the parties.
* The procedure for determining the teaching load of teaching staff assigned to the teaching staff, and the grounds for changing it, are established by Appendix VI to the Order of the Ministry of Education and Science of Russia No. 1601 dated December 22, 2014 "On the duration of working time (norms of hours of teaching work at the rate of wages) of teaching staff and on the procedure for determining the teaching load of teaching staff, as stipulated in the employment contract. "
Important! The employer is obliged to notify the teaching staff in writing about changes in the volume of the study load at the initiative of the employer, as well as the reasons that caused the need for such changes, no later than two months before the implementation of the proposed changes.
The employee has the right to refuse to work under the changed conditions.
If the employee does not want to work in the new conditions, the employer is obliged to offer the employee another job that he has (a vacant position of the corresponding qualification, or a lower vacant position, or a lower-paid job), which is not contraindicated for him for health reasons.
The employee has the right to refuse the offered job.
Important! A proposal for another job must be in writing.
If the employer does not have another job or if the employee refuses the offered job, the employment contract is terminated.
Depending on the position held, the teaching load of teaching staff is limited by the upper limit in the following cases:
1) in organizations carrying out educational activities on educational programs of secondary vocational education, teachers, the norm of hours of study (teaching) work for the wage rate of which is 720 hours per year, the upper limit of the study load is set in an amount not exceeding 1440 hours per academic year ;
2) in organizations carrying out educational activities on educational programs of higher education, the upper limit of the academic load is set in an amount not exceeding 900 hours per academic year.
3) in organizations that carry out educational activities for additional professional programs, the upper limit of the study load is set in an amount not exceeding 800 hours per academic year.

3. Working hours of teachers
The working hours and rest hours of teaching staff of organizations engaged in educational activities are determined by the collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account features established by the Order of the Ministry of Education and Science of Russia dated 05/11/2016 No. 536 "On approval of the Peculiarities of the working time and rest time of pedagogical and other employees of organizations carrying out educational activities."
Order of the Ministry of Education and Science of the Russian Federation No. 536 dated May 11, 2016 established the specifics of the working hours and rest time for teaching staff filling positions named in the nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by the Decree of the Government of the Russian Federation of August 8, 2013 No. 678, and other employees of educational organizations.
The working hours of class I teachers are determined taking into account the sanitary and epidemiological rules and standards of SanPiN 2.4.2.2821-10 "Sanitary and epidemiological requirements for the conditions and organization of training in educational institutions", approved by the decree of the Chief State Sanitary Doctor of the Russian Federation of December 29, 2010 No. No. 189, providing for the use of a "stepwise" "mode of teaching in the first half of the year (in September-October - 3 lessons a day, 35 minutes each, in November-December - 4 lessons of 35 minutes each; January-May - 4 lessons 45 minutes each), as well as a “dynamic pause” (big break) in the middle of the school day lasting at least 40 minutes.
When establishing the working hours and rest hours of teaching staff, the following should be taken into account:
a) the mode of activity of the organization, associated with the round-the-clock stay of students, their stay for a certain time, season, shift of educational, training sessions and other features of the organization's work;
b) the duration of working hours or the norms of hours of pedagogical work at the rate of wages, as well as the duration of working hours established in accordance with the legislation of the Russian Federation for other employees in their positions;
c) the volume of the actual educational (training) load (pedagogical work) of pedagogical workers;
d) the time required for the performance of pedagogical workers included in the working time, depending on the position they hold, other official duties stipulated by the qualification characteristics, including educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work, provided for by labor (official) duties and (or) an individual plan - methodological, preparatory, organizational, diagnostic, monitoring work, work provided for by plans for educational, physical education, sports, creative and other activities carried out with students;
e) the time required for teaching staff and other employees to perform additional work for additional payment by agreement of the parties to the employment contract.
Important! The mode of work of the heads of educational organizations is determined by the work schedule, taking into account the need to ensure management functions.
The time norms are established only for pedagogical work related to educational (teaching) work, which is expressed in the actual volume of the educational (training) load of teachers, teachers, teachers of additional education, senior teachers of additional education, trainers-teachers, senior trainers-teachers.
The normalized part of the pedagogical work of employees conducting teaching work is determined in astronomical hours and includes educational (training) lessons (hereinafter referred to as lessons), regardless of their duration, and short breaks (changes) between each lesson established for students, including "dynamic pause ”(big break) for 1st grade students.
Important! The academic (teaching) load is calculated based on the duration of the lessons, not exceeding 45 minutes.
The specific duration of classes, including the possibility of conducting paired classes, as well as breaks (changes) between them, is provided for by the charter or local regulatory act of the organization, taking into account the relevant sanitary and epidemiological rules and standards. The implementation of the educational (teaching) load is regulated by the schedule of classes.
Important! Another part of pedagogical work is not specified in terms of the number of hours. Such work includes the performance of types of work provided for by the qualification characteristics for the position held.
The other part of pedagogical work, determined taking into account the job responsibilities provided for by the qualification characteristics for the positions held by employees conducting teaching work, as well as additional types of work directly related to educational activities, performed with their written consent for additional payment, is regulated as follows:

• independently - preparation for the implementation of educational activities and the fulfillment of responsibilities for teaching, educating students and (or) organizing educational activities, participating in the development of work programs for subjects, courses, disciplines (modules), studying the individual abilities, interests and inclinations of students;
• in the manner established by the internal labor regulations - keeping a journal and diaries of students in electronic (or paper) form;
• internal labor regulations - organization and conduct of methodological, diagnostic and advisory assistance to parents (legal representatives) of students;
• plans and schedules of the organization, approved by local regulations of the organization in the manner prescribed by labor legislation, - fulfillment of duties related to participation in the work of pedagogical councils, methodological councils (associations), work on parent meetings;
• schedules, plans, schedules approved by local regulations of the organization, collective bargaining, - performance of additional individual and (or) group work with students, participation in recreational, educational and other events held in order to implement educational programs in the organization, including participation in a concert activities, contests, competitions, sports competitions, training camps, excursions, other forms of educational activities (with an indication in the local regulatory act, the collective agreement of the procedure and conditions for the performance of work);
• employment contract (supplementary agreement to the employment contract) - performance, with written consent, of additional types of work directly related to educational activities, on terms of additional payment (classroom management; verification of written work; management of classrooms, laboratories, workshops, training and experimental sites; management methodological associations; other additional types of work with an indication in the employment contract of their content, deadline and amount of payment);
• local regulatory acts of the organization - periodic short-term shifts in the organization during the educational process, which, if necessary, are organized in order to prepare for classes, monitor the implementation of the daily routine by students, ensure order and discipline during school hours, including during breaks between classes, established for the rest of students of various degrees of activity, their food intake.

Important! When drawing up a duty schedule in the organization of employees conducting teaching work, during the period of classes, before their start and after the end of classes, the following are taken into account:
- shift work of the organization;
- working hours of each employee conducting teaching, in accordance with the schedule of classes, the general plan of activities;
- other features of the work.
On work days, teaching staff are involved in duty in the organization no earlier than 20 minutes before the start of classes and no later than 20 minutes after the end of their last class.
Important! On the days of the week (periods of time during which the organization operates), free for employees conducting teaching work, from conducting classes on a schedule and performing other official duties directly in the organization, provided for by the qualifications for the position held, as well as from performing additional types of work for an additional payment, a mandatory presence in the organization is not required.
The working hours of teachers who teach children at home in accordance with a medical certificate during vacation time is determined taking into account the number of hours of the specified education of such children, established by him before the start of the vacation.
The working time schedule of teaching staff recruited during the summer vacation time of students is determined within the limits of the working time or the norm of hours of teaching work per week, established for the wage rate.
The working hours of the heads of educational organizations during the vacation time, which does not coincide with their vacation, is determined within the working hours established for the position held.
Working hours of teaching staff and other employees who are involved, with their written consent, during vacation time, which does not coincide with their vacation, to work in the same area in organizations providing treatment, health improvement and (or) rest, in organizations providing social services, is determined in the manner and on the conditions provided for the working hours of teaching staff during the vacation time.
Order of the Ministry of Education and Science of the Russian Federation No. 536 dated 05/11/2016 "On Approval of the Features of the Working Time and Rest Time of Pedagogical and Other Employees of Organizations Carrying Out Educational Activities" established the specifics of the working hours of teaching staff and other employees of organizations providing treatment, health improvement and (or) rest , organizations providing social services, teaching staff assigned to the teaching staff of organizations implementing educational programs of higher education and additional professional programs, educational psychologists, as well as educators in preschool educational organizations (groups) with a 12-hour stay.

4. Dividing the working day into parts
Important! When drawing up work schedules for pedagogical and other employees, breaks in working hours that are more than two hours in a row, not related to their rest and food intake, are not allowed.
In exceptional cases, in an organization with a round-the-clock stay of students, in which educational and training activities alternate during the day within the established norm of hours, the employer, taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if there is such a representative body), establishes the local regulatory an act for educators who carry out pedagogical work in groups of students of school age, the working day schedule with its division into parts with a break of two or more hours in a row, with appropriate compensation for such an inconvenient mode of work in the manner and in the amount stipulated by the collective agreement.
Important! The time of the specified break is not included in the working hours.
Important! Breaks in work, formed in connection with the performance of pedagogical work by educators in excess of the established norms, do not apply to the working day with its division into parts.
In order to save the time of educators, it is advisable to provide, instead of a working time regime with dividing it into parts with a break of more than two hours, a regime of their work with different daily working hours in the morning hours before the start of classes with students and in the hours after their end, having in mind the establishment of a summarized accounting of working hours, so that the total duration of working hours per week (month, quarter) does not exceed the average monthly rate of hours for the reference period.
When scheduling classes, the organization is obliged to exclude the waste of time of employees conducting teaching work, so that their continuous sequence is not disrupted and long breaks between each lesson are not formed, which are not working time for them, in contrast to the short breaks (changes) established for students.
Important! Long breaks between classes when scheduling are allowed only upon written application from employees conducting teaching work.

5. Part-time work
Pedagogical workers have the right to carry out part-time work - performing other regular paid work on the terms of an employment contract in their free time from their main work at the place of their main work or in other organizations.
Important! The duration of part-time work of teaching staff within a month is established by agreement between the employee and the employer, and for each employment contract, it cannot exceed:
- for teaching staff (including trainers-teachers, coaches), for whom half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;
- for other categories of teaching staff - half of the monthly norm of working time, calculated from the established duration of the working week.
The pedagogical work of highly qualified specialists on the basis of part-time employment, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place of work.
The following types of work are not considered part-time and do not require the conclusion (registration) of an employment contract:
a) literary work, including editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;
b) pedagogical work on an hourly basis in the amount of not more than 300 hours per year;
c) consulting by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
d) the implementation by employees who are not on the staff of the institution (organization), management of graduate students and doctoral students, as well as head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
e) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another childcare institution with additional payment;
f) work without taking up a full-time position in the same institution and other organization, including the performance of duties by teaching staff of educational institutions of managing offices, laboratories and departments, teaching leadership and other employees of educational institutions, managing subject and cycle commissions, working on leadership industrial training and practice of students and other students, etc .;
g) work in the same educational institution or other children's institution in excess of the established norm of hours of teaching work at the rate of wages of teaching staff;
h) work on the organization and conduct of excursions on an hourly or piece-rate basis without taking up a full-time position.
Important! The performance of the work specified in subparagraphs "b" - "g" is allowed during the main working hours with the consent of the employer.
The volume of the teaching load when working part-time for the same and (or) for another employer in positions of the teaching staff should not exceed half of the upper limit of the teaching load.
The accounting of the working time of pedagogical workers of state (municipal) institutions is carried out using the unified form 0504421, approved by the Order of the Ministry of Finance of Russia dated March 30, 2015 No. 52n. In other cases, unified forms No. T-12 or No. T-13 are used, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.

"Everything" you have - 36 hours. 18 hours is the "lesson" part.

This is not free time.

Question: Some pedagogical workers, having completed the norm of teaching work in the amount of 18 hours a week, provided for by the order of the Ministry of Education and Science of Russia dated 12.24.2010 N 2075, leave their jobs.
Are such actions legal, or should these workers be at their workplaces for 36 hours a week in accordance with the same order?

Having considered the issue, we came to the following conclusion:
During working hours free from training sessions, pedagogical workers must perform other work in accordance with their official duties (educational, methodological and other).

New order of the Ministry of Education on the workload of teachers. Legal commentary

In the part in which such work is not regulated by the plans and schedules of the institution, the pedagogical worker has the right to distribute it in time at his own discretion and spend the remaining working time on the implementation of activities according to the personal plan, self-training, professional development and other pedagogical work that does not require the presence directly at your workplace.

Rationale for the conclusion:
Reduced working hours are established for pedagogical workers no more than 36 hours per week (Article 333 of the Labor Code of the Russian Federation).
The appendix to the order of the Ministry of Education and Science of Russia dated 24.12.2010 N 2075 (hereinafter referred to as the Appendix) determines the working hours of teaching staff, as well as the rate of teaching hours for the wage rate.
According to clause 1 of the Notes to the Appendix, the working time of pedagogical workers includes teaching (educational) work, educational, as well as other pedagogical work, provided for by qualification characteristics for positions and features of the working time and rest time of pedagogical and other employees of educational institutions, approved in the established okay.
Thus, the duration of the teacher's working time includes both direct teaching (educational) work, the rate of hours for which is set in clause 2 of the Appendix, and educational and other pedagogical work.
The regulation on the peculiarities of the working time and rest time of pedagogical and other employees of educational institutions was approved by order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (hereinafter - the Regulation).
According to clause 2.1 of the Regulations, the implementation of pedagogical work by teachers, teachers, trainers-teachers, teachers of additional education is characterized by the presence of established norms of time only for performing pedagogical work related to teaching work.
The implementation of the other part of the pedagogical work is carried out during working hours, which is not specified in terms of the number of hours.
In accordance with clause 2.3 of the Regulations, another part of the pedagogical work requiring the expenditure of working time, which is not specified in terms of the number of hours, arises from their official duties provided for by the charter of the educational institution, the rules of the internal labor schedule of the educational institution, tariff and qualification (qualification) characteristics, and is regulated by schedules and work plans, including the personal plans of the teacher.
This clause also lists specific responsibilities that such work may include (parent meetings, participation in teachers' councils, responsibilities related to class leadership, checking written work, managing classrooms, preparing for class, etc.).
In clause 2.4 of the Regulations, it is provided that the days of the week (periods of time during which the educational institution carries out its activities) are free for teachers conducting teaching work from conducting training sessions on a schedule, from performing other duties regulated by schedules and work plans , a teacher can use for advanced training, self-education, preparation for classes, etc.
Thus, the specifics of the work of teachers suggests the impossibility of strict regulation of the timing of a certain work (for example, it will hardly be possible to determine in advance how much time it will take to prepare for a lesson), and also does not require them to carry out the entire volume of pedagogical work exclusively at their workplace ( for example, the teacher has the right to carry out activities for self-education in the library or any other convenient place).
In other words, if for a teacher the teaching work rate is set at 18 hours per week, and the working time is 36 hours per week, then working out the teaching work rate does not give the teacher the right to stop work, because the working time (that is, the time during which, according to Article 91 of the Labor Code of the Russian Federation, the employee must perform labor duties), 36 hours a week are set for him. During the working hours remaining after the teaching work norm has been worked out, the employee must perform other pedagogical work in accordance with the local acts of the organization, the job description, and the employment contract. However, if the time for performing other duties is not regulated, then the teacher has the right to independently plan his working time, which remains within the weekly working time, to carry out activities according to his personal plan, self-training, professional development and other pedagogical work. If the performance of such work is possible outside the teacher's place of work, then he also has the right to leave his workplace.

The Ministry of Education and Science of the Russian Federation, by its order of December 22, 2014, No. 1601, approved the rules for determining the working hours of teaching staff, as well as the procedure for determining the teaching load. In connection with the adoption of this order, the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 no.

Working hours and workload of teachers: the new order

2075, which regulates similar issues.

The duration of the working time (the norms of hours of teaching work for the salary rate) for teachers is no more than 36 hours per week. At the same time, exceptions were made for certain categories of employees, we will consider them in the form of a table:

Working hours(hours per week)	Position (specialty)
36	senior educator of a preschool educational institution or organizations of additional education, or a child's home who carries out educational activities as an additional type of activity; preschool educator or educator of additional education organizations, as well as those who look after and care for children (with the exception of educators mentioned below with a working time of 25 and 24 hours a week); educational psychologist; social teacher; organizer teacher; Methodist or Senior Methodist; facilitator-instructor or senior instructor-instructor.
30	senior educators (with the exception of senior educators working in the organizations mentioned above); physical education instructor; educators in educational organizations where pupils can live in a boarding school, where there are extended day groups or in organizations for orphans and children left without parental care
25	educators who work with children with disabilities
24	musical director; accompanist
20	teacher-defectologist; teacher speech therapist
18	teacher of additional education and senior teacher of additional education; teacher of foreign languages ​​at preschool

V work time pedagogical employees, depending on their position, include the following types of work, provided for by labor duties or on an individual basis:

• educational (teaching);
• educational;
• individual work with students;
• scientific;
• creative;
• research;
• other pedagogical work;
• methodical;
• preparatory:
• organizational;
• diagnostic;
• monitoring;
• provided for in the plans for educational, physical culture and health, sports, creative and other activities conducted with students.

To determine the rate of hours, it is worth considering that an hour in this situation is equated to astronomical hour.

If an employee works in excess of the established norm or below this norm, then his work is paid proportional to the hours worked.

Note!

Exceeding the established norm of working hours is allowed only with the written consent of the employee.

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ConsultantPlus: Forums

N 1601
"On the duration of working time (norms of hours of pedagogical work at the rate of wages) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract"

With changes and additions from:

In accordance with part 3 of article 333 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Art. 3; N 30, Art. 3014, Art. 3033; 2003, N 27, Art. 2700; 2004, N 18 , art. 1690; N 35, art. 3607; 2005, N 1, art. 27; N 19, art. 1752; 2006, N 27, art. 2878; N 52, art. 5498; 2007, N 1, art. 34; N 17, Art. 1930; N 30, Art. 3808; N 41, Art. 4844; N 43, Art. 5084; N 49, Art. 6070; 2008, N 9, Art. 812; N 30, Art. 3613, Art. 3616; N 52, Art. 6235, Art. 6236; 2009, N 1, Art. 17, Art. 21; N 19, Art. 2270; N 29, Art. 3604; N 30, Art. 3732, art. 3739; N 46, art. 5419; N 48, art. 5717; 2010, N 31, art. 4196; N 52, art. 7002; 2011, N 1, art. 49; N 25, art. 3539; N 27, Art 3880; N 30, Art 4586, Art 4590, Art 4591, Art 4596; N 45, Art 6333, Art 6335; N 48, Art 6730, Art 6735 ; N 49, Art. 7015, Art. 7031; N 50, Art. 7359; 2012, N 10, Art. 1164; N 14, Art. 1553; N 18, Art. 2127; N 31, Art. 4325; N 47, art.6399; No. 50, art. 6954, art. 6957, art. 6959; No. 53, art. 7605; 2013, No. 14, art. 1666, art. 1668; No. 19, art. 2 322, art. 2326, art. 2329; 23, Art. 2866, art. 2883; No. 27, Art. 3449, art. 3454, art. 3477; No. 30, Art. 4037; No. 48, 6165; No. 52, art. 6986; 2014, N 14, Art. 1542, art. 1547, art. 1548) and subparagraph 5.2.71 of the Regulation on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 3, 2013 N 466 (Collected Legislation of the Russian Federation, 2013, N 23, Art. 2923; N 33, Art. 4386 ; N 37, Art. 4702; 2014, N 2, Art. 126; N 6, Art. 582; N 27, Art. 3776), I order:

1. To establish the duration of working hours (norms of hours of teaching work for the rate of wages) of teaching staff in accordance with Appendix No. 1 to this order.

2. To approve the Procedure for determining the teaching load of teaching staff, stipulated in the employment contract (Appendix No. 2).

3. To recognize as invalid the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 "On the duration of working hours (the norm of hours of teaching work at the rate of wages) of pedagogical workers" (registered by the Ministry of Justice of the Russian Federation on February 4, 2011, registration N 19709).

36 hours is not the norm, but the maximum

The working hours of teaching staff in educational institutions are regulated by Articles 92 and 333 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), paragraph 5 of Article 55 of the Law of the Russian Federation "On Education" (as amended by Federal Law No. 12-ФЗ dated January 13, 1996 with subsequent amendments and additions), Resolution of the Government of the Russian Federation of April 3, 2003 No. 191 "On the duration of working hours (the norm of hours of teaching work per wage rate) of teaching staff of educational institutions."

The specifics of the working hours of teaching staff are regulated by the Regulations on the specifics of working hours and rest hours of teaching and other employees of educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69, registered with the Ministry of Justice on July 26, 2006, registration No. 8110 (hereinafter - the Regulation on the features of the working hours).

Federal legislation establishes a reduced working time for teaching staff - no more than 36 hours per week.

However, in article 333 of the Labor Code of the Russian Federation, along with the indication of the working time of teachers not exceeding 36 hours per week, there is a very significant clarification. It states that, depending on the position and (or) specialty of teaching staff, taking into account the characteristics of their work, the duration of the working time is determined by the Government of the Russian Federation.

Consequently, the words “duration of working time is not more than 36 hours” is not generally established and not obligatory for all teaching staff, duration of working time. This is its maximum rate, which can be established by the Government of the Russian Federation for a teacher who holds one position (depending on its name and characteristics of work) or receives one wage rate.

Taking into account these conditions, by the decree of the Government of the Russian Federation of April 3, 2003 No. 191 "On the duration of working hours (the norm of hours of teaching work for the rate of wages) of pedagogical workers of educational institutions" hours per wage rate.

Working hours of 30 or 36 hours of pedagogical work per week are established for the categories of pedagogical workers provided for in paragraph 1 of the annex to Resolution No. 191. The rate of hours for one wage rate, which is 18, 20, 24, 25, 30, 36 hours per week or 720 hours per year, is fixed for the categories of workers listed in p. 2 and 3 of the appendix to this decree. For example, a 30-hour working time per week is established for senior educators of all educational institutions, except for preschool educational institutions and children's institutions of additional education.

Working hours of 36 hours per week are established:

Senior educators of preschool educational institutions and children's institutions of additional education;

Educational psychologists;

Methodologists (senior methodologists) of educational institutions;

Social educators;

Organizing teachers;

Industrial training masters;

Senior counselor;

Labor instructors of educational institutions;

Teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;

Heads of physical education of educational institutions of primary vocational and secondary vocational education;

Employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;

Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.

It should also be noted that the remuneration of teaching staff for whom the duration of working hours is established is based on official salaries, and teaching staff for whom the rate of hours per rate is established is based on wage rates.

For pedagogical workers provided for in paragraph 2 of the annex to Resolution No. 191, that is, teachers, teachers (except for university teachers and IPC), teachers of additional education and trainers, teachers, the rate of teaching hours per wage rate is only a standardized part of the working time, because their job responsibilities are not limited to teaching.

After the establishment of the teaching load for teachers, teachers, teachers of additional education, trainers-teachers for the new academic year, the standardized part of their working time will be the amount of academic (teaching) load established by them, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, in circles , sections, clubs and other associations of students.

The amount of remuneration for workload more or less than the norm is subject to a proportional increase or decrease in comparison with the size of the rate of their wages.

The duration of the standardized part of the pedagogical work of pedagogical workers conducting teaching work is determined in astronomical hours and includes the classes conducted, regardless of their duration, and short breaks (breaks) between them (footnotes 3 and 4 of the annex to Resolution No. 191).

Beyond the teaching load

The teacher's salary rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by the tariff and qualification (qualification) characteristics.

The duties of employees engaged in pedagogical work in addition to teaching are specified in clause 2.3 of the Regulation on the specifics of the working time.

The work of teachers, lecturers, teachers of additional education, trainers of teachers, in addition to training sessions, does not have clear boundaries and norms, since it depends on various circumstances.

At the same time, the nature of the above pedagogical work provides that its implementation, as a rule, is not carried out on certain working days of the week, but is calculated for longer periods: for a month, an academic quarter, half a year, an academic year, in connection with which such work should be regulated by the appropriate plans and work schedules.

The establishment of any time norms for its implementation, artificially increasing the working time of pedagogical workers in excess of the standardized part of it related to teaching work, is not provided, with the exception of the time norm determined by the Regulation on a special working time regime for teachers on duty during the educational process. Pedagogical workers are involved in duty at an educational institution on weekdays no earlier than 20 minutes before the start of training sessions and no later than 20 minutes after the end of the last training session.

So what to do during the holidays?

The peculiarities of the working hours of teachers are also associated with the presence in most educational institutions of the vacation period established for students. The vacation period, which does not coincide with the annual main and additional vacations of teachers of educational institutions, is for them working hours. The duration of their working hours during the autumn, winter, spring and summer holidays established for students, pupils, cannot be changed.

Heads of educational institutions, including sanatorium and forest schools, boarding schools, are not entitled to establish for teachers during the vacation period the working hours provided for educators.

During this period, teachers, teachers (with the exception of teachers of institutions of primary and secondary vocational education, as defined in clause 4.5 of the Regulation on the specifics of the working time regime) carry out pedagogical, methodological, and organizational work within the normalized part of their working time. In this case, we are talking about working hours corresponding to the established volume of the study load or pedagogical work, determined by him before the start of the holidays.

An increase in their working time during the vacation period to carry out the work provided for in clause 2.3 of this Regulation is possible only in cases when the corresponding activities or types of work have been announced for this period in accordance with the schedules and plans.

If such events and work are not planned for the vacation period, then the involvement of employees conducting teaching work in the performance of pedagogical, methodological, and organizational work during this period is limited to the normalized part of their working time, that is, the number of hours of study load before the start of the vacation.

During the period of work during the period of autumn, winter, spring and summer vacations of students, the remuneration of teachers, teachers of additional education, trainers-teachers is made on the basis of the salary established during the tariffication prior to the beginning of the holidays.

A different procedure for work during the vacation period is determined for teachers of institutions of primary and secondary vocational education due to the fact that the standardized part of their working time is defined in the form of the annual volume of the academic load.

In accordance with clause 4.5 of the Regulation on the specifics of the working time regime, teachers of these educational institutions are involved in the work of methodological commissions, seminars, training events, as well as in organizing and holding cultural events, in the work of subject cyclic commissions, recruiting classrooms , laboratories. During this period, these employees are paid an average monthly wage.

In a similar manner, the Regulation on the specifics of the working time regime regulates the working hours of employees of educational institutions during the cancellation period for students, pupils of training sessions (educational process) on sanitary-epidemiological, climatic and other grounds.

Involvement in work during the vacation period, as well as during the period of cancellation of classes for the above reasons, is carried out on the basis of the relevant administrative documents of the educational institution, which simultaneously determine the duties performed by the employees and the work schedule. When drawing up this schedule, with the consent of the employee, the implementation of the volume of the established weekly study load (pedagogical work) may be scheduled for a smaller number of days per week or month compared to the previously established schedule.

Irina KOPAEVA, Chief Legal Inspector of the MGO Trade Union

In accordance with article 333 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Art. 3; 2004, N 35, Art. 3607; 2006, N 27, Art. 2878; 2008, N 30, Art. 3616 ) and clause 5.2.78 of the Regulation on the Ministry of Education and Science of the Russian Federation, approved by the Government of the Russian Federation of May 15, 2010 N 337 (Collected Legislation of the Russian Federation, 2010, N 21, Art.2603; N 26, Art. 3350) , I order:

1. To establish for teachers, depending on the position and (or) specialty, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the wage rate) in accordance with the appendix to this order.

2. This order shall enter into force from the date of entry into force of the decree of the Government of the Russian Federation on recognizing as invalid the decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (the norm of hours of pedagogical work at the rate of wages) of pedagogical workers" (Collected Legislation of the Russian Federation, 2003, N 14, Art. 1289; 2005, N 7, Art. 560; 2007, N 24, Art. 2928; 2008, N 34, Art. 3926).

Minister A. Fursenko

Application

Working hours (norm of hours of pedagogical work per wage rate) of pedagogical workers

The duration of working time (the norm of hours of teaching work per wage rate) for teaching staff is established on the basis of a reduced working time of no more than 36 hours per week.

Pedagogical workers, depending on the position and (or) specialty, taking into account the characteristics of their work, is established:

1. Working hours:

36 hours a week:

employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;

senior educators of preschool educational institutions, educational institutions of additional education for children and children's homes;

educational psychologists, social educators, educational organizers, masters of industrial training, senior counselors, labor instructors;

methodologists, senior methodologists of educational institutions;

tutors of educational institutions (with the exception of tutors employed in the field of higher and additional professional education);

heads of physical education of educational institutions implementing educational programs of primary vocational and secondary vocational education;

teachers-organizers of the basics of life safety, pre-conscription training;

instructors-methodologists, senior instructors-methodologists of educational institutions of additional education for children of a sports profile;

30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children).

2. The rate of hours of teaching work per wage rate (standardized part of teaching work):

18 hours a week:

teachers of 1-11 (12) grades of educational institutions implementing general education programs (including special (correctional) educational programs for students, pupils with disabilities);

teachers of educational institutions implementing educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions for whom the rate of teaching hours is set for a wage rate of 720 hours per year);

teachers of special disciplines 1-11 (12) classes of music, art educational institutions;

teachers of 3-5 classes of schools of general music, art, choreographic education with a 5-year period of study, 5-7 classes of art schools with a 7-year period of study (children's music, art, choreographic and other schools), 1-4 classes of children's art schools and schools of general art education with a 4-year term of study;

teachers of additional education, senior teachers of additional education;

trainers-teachers, senior trainers-teachers of educational institutions of additional education for children of a sports profile;

foreign language teachers of preschool educational institutions;

speech therapists of health care and social service institutions;

24 hours a week - teachers of 1-2 grades of schools of general music, art, choreographic education with a 5-year period of study, 1-4 classes of children's music, art, choreographic schools and art schools with a 7-year period of study;

720 hours per year - for teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education.

3. The rate of hours of teaching work for the wage rate:

20 hours a week - for teachers-defectologists, teachers-speech therapists, speech therapists;

24 hours a week - to music directors and accompanists;

25 hours a week - for educators working directly in groups with students (pupils, children) with disabilities;

30 hours a week:

physical education instructors;

educators in boarding schools, orphanages, extended day groups, boarding schools at general educational institutions (boarding schools), special educational institutions for children and adolescents with deviant behavior, preschool educational institutions (groups) for children with tuberculosis intoxication, health care institutions and social service;

36 hours per week - for educators in preschool educational institutions, preschool groups of general educational institutions and educational institutions for children of preschool and primary school age, in educational institutions of additional education for children, in hostels of educational institutions that implement educational programs of primary vocational and secondary vocational education, other institutions and organizations.

Notes.

1. The duration of the working time of teachers includes teaching (educational) work, educational, as well as other pedagogical work, provided for by the qualification characteristics for positions and features of the working time and rest hours of pedagogical and other employees of educational institutions, approved in the prescribed manner.

2. The rate of hours of teaching and (or) teaching work for the rate of wages of teaching staff is established in astronomical hours. For teachers, teachers, teachers of additional education, senior teachers of additional education, trainers-teachers, senior trainers-teachers, the rate of teaching hours per wage rate includes the lessons (lessons) they conduct, regardless of their duration, and short breaks (breaks) between them.

3. For teaching (pedagogical) work performed with the consent of the teaching staff in excess of the established norm of hours for the wage rate, additional payment is made in accordance with the received wage rate in a single amount.

4. Teachers who cannot be provided with an academic load in the amount corresponding to the norm of hours of teaching work at the rate of wages per week are guaranteed payment of the wage rate in full, provided that they are loaded up to the established rate of hours by other pedagogical work in the following cases:

teachers of grades 1-4 when transferring the teaching of foreign language lessons, music, visual arts and physical education to specialist teachers;

teachers of grades 1-4 of rural educational institutions with a native (non-Russian) language of instruction, who do not have sufficient training to conduct Russian lessons;

Russian language teachers in rural primary general education schools with a native (non-Russian) language of instruction;

physical education teachers of rural educational institutions, foreign language teachers of educational institutions located in the villages of logging and floating enterprises and chemical forestry enterprises.

5. Teachers, as well as teachers of educational institutions implementing educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions for whom the rate of teaching hours is set for a wage rate of 720 hours per year), who, for reasons beyond their control, during the academic year, the academic load decreases in comparison with the academic load established at the beginning of the academic year, until the end of the academic year, as well as during the vacation time, which does not coincide with the annual main extended paid leave, is paid:

the salary for the actually remaining number of hours of teaching work, if it exceeds the norm of hours of teaching work per week established for the wage rate;

salary in the amount of a monthly rate, if the volume of the teaching load before its reduction corresponded to the norm of hours of teaching work per week established for the salary rate, and if it is impossible to load them up with other teaching work;

the salary established before the decrease in the teaching load, if it was set below the norm of hours of teaching work per week, established for the salary rate, and if it is impossible to load them up with other teaching work.

These pedagogical workers must be notified of the decrease in the teaching load during the academic year and the additional load with other pedagogical work no later than two months in advance.

6. Teachers of educational institutions that implement educational programs of primary vocational and secondary vocational education, for whom, for reasons beyond their control, during the academic year, the teaching load decreases in comparison with the teaching load established at the beginning of the academic year until the end of the academic year, as well as in vacation time that does not coincide with the annual main extended paid leave, wages are paid in the amount established at the tariff setting at the beginning of the academic year.

Working hours of teachers

The working hours of teachers and lecturers have many peculiarities. And one of the main ones is that their working time consists of the standardized and non-standardized parts. Such a system in practice causes certain difficulties (taking into account working hours, overtime payments, work on weekends, etc.). There are many nuances and, accordingly, they arise often. What are the best working hours for teachers? Should a teacher go to work if he has no classes? How many hours can be the maximum non-standardized part of the teaching load? What if employees think they are overworking? Let's try to figure it out.

First of all, we note the documents that regulate the issues of working time of teachers:

• Labor Code (Chapter 52);
• Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation" (hereinafter - Law No. 273-FZ);
• Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 No. 1601 "On the duration of working hours (norms of hours of teaching work at the rate of wages) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers stipulated in the employment contract" (hereinafter - Order No. 1601);
• Order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69 "On the peculiarities of the working hours and rest hours of pedagogical and other employees of educational institutions" (hereinafter - Features).

Working hours

In accordance with Art. 333 of the Labor Code of the Russian Federation for pedagogical workers, a reduced duration of working time is established - no more than 36 hours per week. At the same time, according to Order No. 1601, depending on the position and (or) specialty of a pedagogical worker, he can either have a working time per week, or the norm of hours of pedagogical work at a salary rate.

So, teachers assigned to the teaching staff, educational psychologists, social educators, senior educators of preschool institutions and other workers listed in paragraph 2.1 of Appendix 1 to Order No. 1601 have a working time of 36 hours per week. Senior educators of other institutions - 30 hours per week.

For the remaining positions and (or) specialties, the rate of hours of pedagogical work for the wage rate has been established. For example, the norm of 20 hours a week is set for teachers-defectologists and speech therapists, and for music and accompanists it is 24 hours a week.

For teachers of organizations carrying out educational activities in basic general education programs, teachers of organizations carrying out educational activities for additional general education programs, and for other teachers and teachers listed in clause 2.8.1 of Appendix 1 to Order No. 1061, the norm of hours is not pedagogical, and educational (teaching) work - 18 hours a week.

Some jobs have an annual rate of hours per rate. Thus, the norm of educational (teaching) work of 720 hours per year per wage rate is established for teachers of organizations operating in educational educational programs and basic vocational training programs.

note

The implementation of pedagogical work by teachers, teachers, trainers-teachers, teachers of additional education (that is, pedagogical workers conducting teaching work) is characterized by the presence of established time norms only for the implementation of pedagogical work related to teaching. The implementation of the other part of the pedagogical work is carried out during working hours, which is not specified in terms of the number of hours (clause 2.1 of the Features).

By virtue of clause 2.3 of the Specifics, the non-standardized part of pedagogical work requiring the expenditure of working time arises from the duties of teachers provided for by the charter of the educational institution, the rules of the internal labor schedule of the educational institution, tariff and qualification (qualification) characteristics, and is regulated by schedules and work plans, in including the personal plans of the teacher.

Such work, in particular, includes participation in the activities of pedagogical, methodological councils and parental meetings, preparation for teaching and upbringing of students, pupils, periodic short-term shifts during the educational process, responsibilities related to the classroom leadership, checking written works.

note

The working hours of teachers who cannot be provided with a full academic load is determined taking into account their additional workload to the established norm of hours by other pedagogical work, without additional payment, in particular, classes in an extended day group, circle work, individual lessons at home with students ( p. 2.5 Features).

Working hours for teachers are also periods of autumn, winter, spring and summer vacations established for students, pupils of educational institutions and not coinciding with the annual paid basic and additional vacations of employees. During this period, teachers carry out pedagogical, methodological, and organizational work related to the implementation of the educational program, within the normalized part of their working time, determined before the start of the holidays, and non-standardized, necessary to perform the work provided for in clause 2.3 of the Features, with the preservation of wages payment in the prescribed manner (clauses 4.1, 4.2 Features).

The working hours of all employees during the vacation period are regulated by local acts of the educational institution and work schedules indicating their nature (clause 4.6 of the Features).

Also, the working hours of teachers include periods of cancellation of training sessions on sanitary-epidemiological, climatic and other grounds. During these periods, teachers and other employees of educational institutions are involved in teaching, educational, methodological and organizational work in the same manner that is established for work during vacations.

The volume of the teaching load for teachers and teachers is determined annually at the beginning of the academic year (training period, sports season) and is established by the local regulatory act of the institution, and for teachers - by an employment contract. At the same time, it cannot change in the current year on the initiative of the employer downward. An exception is established for teachers and teachers in the event of a decrease in the number of hours according to curricula, educational schedules, a decrease in the number of students, students, groups, classes (clauses 1.3 - 1.5 of Appendix 2 to Order No. 1601).

Working hours of teachers

In accordance with clause 1.2 of the Features and Art. 47 of Law No. 273-FZ, the working hours and rest hours of teachers, including the provision of days off, are determined taking into account the mode of activity of the educational institution (round-the-clock stay of students, pupils, their stay for a certain time, season, shift of studies and other features of the institution's work ) and is established by a collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the Features.

note

If the working hours and rest hours for a particular employee differ from the general rules in force for the employer, a condition about this must be included in the employment contract (Article 57 of the Labor Code of the Russian Federation).

We recall that Ch. 16 of the Labor Code of the Russian Federation provides for the following working hours:

1. Length of the week:

• five-day work week with two days off;
• six-day work week with one day off;
• working week with the provision of days off on a rolling schedule;
• part-time work week;
• shift work.

2. Length of the working day:

• irregular working hours (for certain categories of workers);
• part-time work (shift);
• flexible schedule (start, end or total duration of the working day (shift) is determined by agreement of the parties);
• division of the working day into parts.

Teachers, and especially those working in institutions with round-the-clock stay of students, pupils (boarding schools, orphanages, boarding schools at educational institutions), can be set any working hours, both five-day, and shift or flexible hours. At the same time, in accordance with clause 3.3, in exceptional cases in these institutions, when educational and educational activities alternate during the day within the established norm of hours, the employer, taking into account the opinion of the elected trade union body or in agreement with him, may introduce for educators who carry out pedagogical work in groups of pupils of age, the working day schedule with its division into parts with a break of two or more hours in a row, with appropriate compensation for such an inconvenient working schedule in the manner and amount provided for by the collective agreement.

However, as noted in the Features, in order to save the time of educators, it is advisable to provide instead of such a mode of work with different daily working hours in the morning hours before the start of classes and in the hours after their end, meaning the establishment of a summarized recording of working hours so that the total its duration per week (month, quarter) did not exceed the average monthly rate of hours for the accounting period.

As for teachers and educators, they usually work on a five- or six-day work week.

Time tracking

According to Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. How can this be done in educational institutions and what time should be put on the report card? And you need to put down in it the time worked during the established duration of the working week of 30 or 36 hours or within the limits of the pedagogical (educational) hours for the wage rate.

The time sheet form 0504421 and methodological recommendations for filling it out for state and municipal institutions were approved by Order of the Ministry of Finance of the Russian Federation of March 30, 2015 No. 52n.

The timesheet is maintained by persons appointed by order for the institution, monthly for the institution as a whole or in the context of structural divisions. It opens monthly two to three days before the start of the period on the basis of the report card for the last month, it is used to record the use of working time or to register various cases of deviations from its normal use. The choice of the method of filling out the timesheet is determined by the act of the institution as part of the formation of the accounting

In the case of registration of deviations in the upper half of the line, for each employee who had deviations from the normal use of working time, the hours of deviations are recorded, and in the lower half - the symbols of deviations. Night hours are also recorded at the bottom of the line. If one employee of the institution has two types of deviations in one day (period), the lower part of the line is written as a fraction, the numerator of which is a symbol for the type of deviations, and is the hours of work. If there are more than two deviations in one day, the name of the employee is repeated in the report card. Within the time limits established by the procedure for document flow of the institution, the employee, for maintaining the time sheet, reflects the number of days (hours) of absences (attendances), as well as the number of hours by type of processing (substitution, work on holidays, work at night, etc.) with a record them into the corresponding columns. The time sheet is signed by the person entrusted with its maintenance, and within the established time frame is submitted to the accounting department for settlements.

If the person responsible for drawing up the timesheet discovers the fact of non-reflection of deviations or incompleteness of the information provided on the accounting of working hours (submission by the employee of a certificate of incapacity for work, an order (instruction) to send an employee on a business trip, an order (instruction) to grant leave to an employee and other documents, including including late submission of documents) it is necessary to submit a correction sheet.

When filling out the timesheet, the following conventions are used:

Indicator name
Weekends and non-working holidays
Work at night
Fulfillment of public duties
Regular and additional vacations
Temporary disability, disability due to pregnancy and childbirth
Holiday to care for the child
Overtime hours
Failure to appear for unexplained reasons (pending clarification of the circumstances)
No-show with the permission of the administration
Weekends for studies
Additional study leave
Substitution in grades 1 - 3
Substitution in extended day groups
Substitution in grades 4 - 11
Work on weekends and non-working holidays
Hours actually worked
Business trips

An educational institution has the right to independently supplement the applied conventions as part of the formation of its accounting policy.

Working hours

There are no special difficulties with teachers whose working hours are directly established in regulatory enactments. And, as already noted, they arise for teachers and lecturers, that is, employees in positions whose pedagogical work consists of standardized and non-standardized parts.

In practice, the procedure for fulfilling official duties outside the scope of the academic load, that is, the irregular part of the work, is not always clearly spelled out in local acts, schedules or plans. Therefore, disputes often arise between employees and the employer over the payment of hours worked: employees believe that they are working more than they should.

At the moment, only cases of processing or shortcomings of the standardized part of the work are legally regulated. In particular, in accordance with clause 4 of Appendix 1 to Order No. 1601, for pedagogical or educational (teaching) work performed by an employee with his written consent in excess of or below the established norm of hours for the wage rate, payment is made based on the established wage rate in proportion to the actual a certain amount of pedagogical or educational (teaching) work. The exception is cases of payment of wage rates in full, when the full academic load cannot be provided, listed in paragraph 2.2 of Appendix 2 to Order No. 1601.

note

The upper limit of the teaching load is indicated only for certain categories of teachers who have established an annual rate of hours of academic (teaching) work for the wage rate (clauses 7.1, 7.2 of Appendix 2 to Order No. 1601).

As for the non-standardized part of pedagogical work, it, in contrast to the standardized part of the load, is not limited by legislation. However (by virtue of Article 333 of the Labor Code of the Russian Federation), it, together with the standardized part, should not be more than 36 hours per week, which employers must take into account when drawing up schedules and work plans.

When asked whether work is considered overtime if the teacher stays at work beyond this time, the answer is no. First of all, because only an employer can engage in overtime work, having issued a written notice and an order. Secondly, the non-standardized part of pedagogical work itself is not paid and, accordingly, cannot be considered as overtime.

But if a teacher is required to work on a weekend or a non-working holiday, for example, to participate in an event, the employer must involve him in work on such a day in accordance with Art. 113 of the Labor Code of the Russian Federation and make payment in accordance with Art. 153 of the Labor Code of the Russian Federation.

note

If a summarized recording of working hours is established for employees of an educational institution or if the organization operates continuously (for example, institutions with round-the-clock stay of students, pupils (boarding schools, orphanages, boarding schools at educational institutions)), special rules apply, determined by the Decree of the USSR State Committee of Labor, the Presidium All-Union Central Council of Trade Unions of 08.08.1966 No. 465 / P-21 “On approval of Clarification No. 13 / P-21“ On compensation for work on holidays ”. In these cases, work on holidays is included in the monthly norm of working hours.

Attraction to work on a weekend or a holiday is carried out by sending a notification to the employee. If he agrees, a corresponding order is drawn up. Moreover, if the employee initially agreed to such work, and then did not leave, he can be brought to disciplinary responsibility.

Leaving a teacher to work on a weekend or a non-working holiday on his own initiative is not considered to be involved in such work and, accordingly, should not be paid - unless later the court takes the side of the employee. Therefore, employers should not let things go by themselves. It is better, if necessary, to arrange in advance the attraction to work on a weekend or a non-working holiday.

And here we note that in addition to the days off established by the Labor Code, depending on the working hours, teachers may have days of the week (periods of time during which an educational institution conducts its activities), free from conducting training sessions on a schedule, from performing other duties regulated by schedules and work plans that a teacher can use for advanced training, self-education, preparation for classes, etc. (clause 2.4 of the Features). Such days are called methodical. The procedure for their provision should be established by the internal labor regulations, collective agreement, schedules and work plans.

In this regard, the question arises: is a methodical day off? No, since such days are not provided for rest, but for a specific "work" purpose. Even if the teacher may not go to work at all on this day, he cannot be considered a day off with all the ensuing consequences: he cannot be transferred if it suddenly coincides with a non-working holiday, in accordance with Art. 112 of the Labor Code of the Russian Federation, and is also not subject to double payment if the employer calls the employee to work on that day.

If the methodological day is not established by the local acts of the institution, but according to the schedules and schedules, the teacher has a whole day free, he can be involved in educational, methodological or organizational work within the normalized part of the working time.

It remains to be noted that until changes or additions are made to the regulations governing the accounting of teachers' working time in terms of irregular pedagogical work, questions will arise. The specificity of the work of teachers and trainers is such that they often have to work outside the established working week. Moreover, it is unlikely to work like overtime. And of course, the employer needs to try to minimize such overtime - strictly taking into account the working time, drawing up schedules and work schedules with a minimum number of "windows", distributing the standardized part so that employees have free days during the vacation time. If it is not possible to draw up schedules more rationally, you can set a different working time regime, for example, a flexible schedule.

As for work on weekends or holidays, there should be no questions here. The employer is obliged not only to formalize the attraction to her, if necessary, but also to pay in accordance with Art. 153 of the Labor Code of the Russian Federation.

"On the approval of the forms of primary accounting documents and accounting registers used by state authorities (state bodies), local authorities, governing bodies of state extra-budgetary funds, state (municipal) institutions, and Guidelines for their application."