Is it possible to work as a teacher part-time? Part-time and combination
The procedure for registering part-time workers has several features. For example, such work is carried out only during the time that is free from the main type of employment. Accordingly, in most cases it is paid in the amount of no more than half the rate. Representatives of the educational sector have even more nuances in this process. This issue is regulated by the legislation of the Russian Federation: and. In addition to teaching staff, the law includes medical representatives and pharmacists in a separate group.
Part-time work for teaching staff under the Labor Code of the Russian Federation
The Labor Code of the Russian Federation states that in addition to the basic rules for part-time work, those established by the legislative institutions of the Russian Federation can also be applied to teaching staff. All nuances are determined taking into account the expert opinion of members of the Russian Tripartite Commission, which deals with issues related to relations in the world of labor.
As for the Decree of the Government of Russia, it has several main points:
- The possibility of part-time work for the presented specialists is indicated;
- Removal of restrictions on the length of time worked;
- Possibility of combining positions in advanced training institutions with the consent of the main employer with the preservation of salary.
It is worth noting that payment is also set taking into account the time worked by the teacher.
Is part-time work included in the preferential length of service for a teacher’s pension?
With the accumulation of preferential teaching experience, these workers can retire earlier. However, this rule is only relevant if certain requirements are met. For example, for teachers teaching psychology, the law has a mandatory requirement to work 36 hours a week. And for teachers in kindergartens this norm is 30 hours. As for part-time workers, they will receive additional hours only if they receive a full-time salary at their second job. In other cases, the period of combining positions will not be added to the length of service.
Vacation of part-time teaching staff
Legislative acts establish standards according to which teaching staff have a longer vacation period than other workers. However, the Ministry of Labor has established that the second job is not required to provide vacation, which will fully correspond to the rest time received at the first job. If necessary, the employee can write a statement, and additional days will be provided without pay.
Standard hours for part-time teaching staff
If a person works as a teacher, then the duration of his working week cannot be more than 36 hours. The maximum teaching load of a part-time student is determined by content. It states that for these employees the maximum work limit is equal to half the working week at their main place. If half is less than 16 hours, then the norm for the second workplace is 16 hours.
Can a part-time teacher work full time?
Initially, in Russia it was completely prohibited to carry out labor functions in two positions, while retaining full-time pay in both positions. This ban is still in effect, but now there is a list of specialists for whom work restrictions are no longer relevant. Representatives of the pedagogical sphere are also included in this list. Therefore, under certain circumstances, these employees will not only be allowed to work more, but they will also be able to earn more. Part-time teachers are paid according to the general procedure - in accordance with the number of hours worked.
Part-time employment contract with a teacher - sample
When hiring specialists of this category, an employment contract is signed between the parties to the professional relationship with a part-time teaching worker. In it, the emphasis must be placed on the place where the type of work is prescribed - it must be indicated that the work will be carried out part-time. Also, salary calculation will be carried out accordingly, so the calculation procedure will also be changed according to the number of hours worked. In such a situation, 50 percent of the initially established salary for the position is assumed (a full-time option is possible). The remaining features of the employment contract are related only to the nuances in the responsibilities of teachers.
Can a teacher work part-time? The Labor Code does not contain prohibitions for any categories of workers, including workers in the education sector.
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But the work of part-time teachers has some features, which will be emphasized in this article.
Normative base
Issues related to part-time work for teachers in the teaching field are spelled out in the Labor Code (general provisions on part-time work), the Law “On Education” and in Resolution of the Ministry of Labor No. 41.
You can download these documents here:
The Labor Code contains rules that allow any worker, in addition to his main job (i.e., in his free time), to carry out labor functions on a new basis with the same employer (this is called internal part-time work) or with another ().
Some norms of the Labor Code (Chapter 44), as well as the above-mentioned Resolution, specify the features of part-time work for teaching staff.
School work
Is it possible to have part-time teaching for teachers?
School teachers enjoy all the rights provided by the Labor Code, including the opportunity to work part-time.
The Resolution states that some types of work for teachers will not be considered part-time work, and therefore will not require a separate registration.
Thus, a teacher can teach additional lessons, but in the amount of no more than three hundred hours during the year, and an hourly payment will be made.
- any work of school teachers related to the management of a laboratory;
- class management;
- organizing and conducting various events, excursions, etc.
All this work is paid additionally.
Can a director work under such conditions?
As for the work of persons holding leadership positions in an educational institution, the question of the possibility of part-time work depends on whether the institution is state (municipal) or private.
Thus, the law “On Education” prohibits directors of state institutions from holding another leadership position at the same time. Only scientific guidance is allowed.
It is also impossible to become a director of such an institution part-time - this work can only be the main one.
As for non-state educational institutions, they are directly managed by the founder or board of trustees.
The procedure for appointment (or election) to the position of head (director) is prescribed in the institution’s Charter.
The Labor Code allows the director to work part-time, but only with the consent of the founder.
If the director himself is the sole founder, then such consent, of course, is not required.
Working as a teacher
A teacher, like any teaching worker, has the right to find another job (part-time).
But also for educators, the Resolution contains an indication that you can count on additional types of work in the same preschool educational institution. This part-time job is not a part-time job and is paid additionally.
Thus, employees of child care institutions have the opportunity to “work extra” for the same employer without concluding a new contract, i.e. without registering a part-time job.
University staff
Employees of universities are not limited in their ability to find part-time work - and the Resolution provides for some benefits for them.
For example, additional work related to heading a faculty or department, supervising students' practical training, and working as a teacher for graduate students and doctoral students is not part-time work.
University employees have the right to engage in literary creation, translation, and scientific activities without concluding employment contracts.
All this work does not require a separate full-time position and will be paid as additional income.
Allowable duration
How many hours can a teacher or part-time university lecturer teach?
Despite the fact that, as a general rule, a reduced working time regime has been introduced for teaching staff, the duration should be no more than half of the monthly working time norm - for most teachers this value does not exceed 16 hours per week.
Guarantees and compensation
In accordance with the Labor Code of the Russian Federation, part-time teachers receive all guarantees and compensation in accordance with current legislation, as well as local regulations of the institution in which they work.
Everything related to wages
Teachers, educators, teachers of technical schools and universities who work part-time receive payment for their work in proportion to the time worked.
However, this norm established by the Labor Code is not mandatory. The employment contract regulating part-time work may also establish other payment conditions.
If a teaching worker is assigned standardized tasks (and this is stated in the contract), then payment will be made for the volume of work.
Important point! When calculating the average earnings of teachers and part-time educators working in several schools, kindergartens and other institutions, the calculation includes wages for all places of work.
Moreover, the amount of average earnings also includes payment for additional work, which is not considered part-time work.
An example of calculating the salary of a part-time teacher:
A secondary school physics teacher works part-time for ten hours a week at a boarding school. He was assigned the 11th category of the ETS (rate - 3,500 rubles). The standard working time per rate is 20 hours.
For teachers working in boarding schools, the tariff rate increases by 20% (increasing factor) and will thus amount to 4,200 rubles (3,500 rubles * 1.20).
Teacher's salary: 4200 * 10/20 = 2100 rubles.
Possibility of certification
For teaching staff who work in state (municipal) educational institutions, the legislation provides for the opportunity to undergo certification for II, as well as I or higher categories, not only at their main place of work, but also part-time.
Vacations
Teachers “go” into paid work during the same period as they are provided at their main place of work.
Moreover, if six months have not yet been worked, but the vacation time for the main job has already come, then the vacation will still be provided ().
Most educational workers are installed.
If the duration of vacation at a part-time job is less than that provided at the main place of work, then teachers have the right to register these days as.
Duration of the main extended leave of some teaching staff (determined by the Government of the Russian Federation):
| No. | Job title | Duration (calendar days) |
| 1 | Teacher, methodologist, speech therapist of a preschool institution | 42 |
| 2 | The same employees, but working with children with disabilities | 56 |
| 3 | School teachers | 56 |
| 4 | University teacher, professor, dean of the faculty | 56 |
Brief summary
Employees of educational institutions who work part-time in their organization or for another employer have all the rights established by law and receive guarantees and compensation.
A comment
to regulatory legal acts governing part-time work, when combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee in educational institutions
Such forms of labor organization used in labor relations with employees of educational institutions, such as part-time work, combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee, have their own fundamental differences and regulatory features, which, unfortunately, are not are always taken into account by employers when deciding on personnel placement issues.
There are still cases when, in fact, an employee performs part-time work in the same educational institution, that is, he works outside the main working hours with wages calculated based on the salary for the second position, but the employment relationship is not properly formalized. The employer, instead of concluding another employment contract with the employee on part-time work, is limited, as a rule, to issuing an order authorizing part-time work.
The performance of work by combining professions (positions), expanding service areas or increasing the volume of work is not reflected in any way in the employment contract with the employee.
This commentary aims to provide detailed explanations of all the existing differences and features of the application of these forms of organization of work in educational institutions, including in relation to teaching staff.
It should be noted that at present, the issues of attracting workers to part-time work, combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee are mainly regulated by the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 No. 90-FZ, which came into force on October 6, 2006) (hereinafter abbreviated as the Labor Code of the Russian Federation).
In addition, in accordance with the Decree of the Government of the Russian Federation of April 4, 2003 No. 197 “On the features of part-time work for teaching, medical, pharmaceutical workers and cultural workers,” the features of part-time work for these categories of workers are determined by the resolution of the Ministry of Labor and Social Development of the Russian Federation. dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (registered by the Ministry of Justice of Russia on August 7, 2003 Registration No. 4963) (hereinafter referred to as Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41).
I. REGULATION OF LABOR OF PERSONS WORKING PART-TIME
When using such a form of labor organization as part-time work, it is necessary to proceed from the fact that part-time work is the performance by an employee of other regular work under the terms of an employment contract in his free time from his main job. It follows from this, for example, that when an employee performs work in the same institution in another full-time position as part-time work, another employment contract must be concluded with him.
Regulation of the labor of persons working part-time is provided for in the Labor Code of the Russian Federation in Articles 11 (regulating the characteristics of part-time work), 59 (the possibility of concluding a fixed-term employment contract with a part-time worker), 60¹ (on the right to perform part-time work, both internal and external), 65 (documents presented when applying for a part-time job), 66 (about the entry in the work book of part-time work), 229 (formation of commissions to investigate accidents with part-time workers), 276 (part-time work of a manager for another employer), 282-288 (peculiarities of labor regulation for persons working part-time: working hours, pay, leave, guarantees, additional grounds for termination of an employment contract), 321 (vacations for persons working part-time in the regions of the Far North and in equivalent areas ), 329 (prohibition of part-time work related to driving vehicles, for employees whose main place of work is related to driving vehicles), 332 (cases of replacing scientific and pedagogical workers without selection by competition when hiring part-time workers), 350 (duration of part-time work for medical workers).
Conclusion and termination of an employment contract for part-time work
When concluding an employment contract for part-time work, it is necessary to rely on the new Article 60¹ of the Labor Code of the Russian Federation, which defines the concept of part-time work and distinguishes part-time work into internal (with the same employer) and external (with another employer).
In accordance with this article, an employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job, both with the same employer as an internal part-time job, and (or) with another employer as an external part-time job.
At the same time, it should be noted that Article 98 of the Labor Code of the Russian Federation was declared invalid, according to which, until October 6, 2006, internal part-time work was allowed only in another profession (position), because of which the employer did not have the right to hire the procedure for internal combination of workers by profession and position having the same name. For example, it was impossible to conclude another employment contract for part-time work in a similar position (profession) with an assistant teacher, laboratory assistant, engineer, and even with an office cleaner at the main place of work, which created unreasonable additional difficulties in ensuring the normal operation of educational institutions or led to violations of the law.
An exception was established only for teaching, medical, pharmaceutical workers, as well as cultural workers, since the Labor Code of the Russian Federation provided for the establishment of the specifics of part-time work for them.
For example, teaching staff, in accordance with Article 333 of the Labor Code of the Russian Federation, were allowed internal part-time work in a similar position. Now Art. 333 of the Labor Code of the Russian Federation does not contain this exception, since in general restrictions on part-time work in a similar profession (position) have been lifted, and employers can freely attract part-time workers both in a profession (position) with a different name, and in a similar profession ( positions).
In accordance with Article 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. This means that an employee has the right to perform part-time work for several employers on the basis of employment contracts concluded by them.
The same employer, in addition to the main employment contract, can only have one employment contract for internal part-time work.
The employment contract (for internal and external part-time work) must indicate that the work is carried out part-time.
In accordance with Part 2 of Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with persons working part-time, by agreement of the parties. This means that the employer can, but is not obliged to, enter into a fixed-term employment contract with persons applying for part-time work, which means that an employment contract for part-time work can also be concluded for an indefinite period.
Some employers, when hiring part-time workers, still prefer to enter into a fixed-term employment contract with them in order to make it easier to terminate employment relations with such employees. And vice versa, they encounter problems when the expiration of the employment contract is still very far away, but the opportunity has arisen to hire an employee for whom this work would be the main one. Such problems arise due to the fact that a fixed-term employment contract, in the absence of culpable actions on the part of the employee, cannot be terminated before the expiration of the term at the initiative of the employer, unless the employee himself expresses a desire to terminate the employment relationship on his own initiative.
At the same time, an employment contract concluded with a part-time worker for an indefinite period can be terminated by the employer two weeks after such a need arises, since the Labor Code of the Russian Federation introduces an additional basis for terminating an employment contract with persons working part-time.
Thus, in accordance with Article 288 of the Labor Code of the Russian Federation, in addition to the grounds provided for by other articles of the Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated at the initiative of the employer in the case of hiring an employee for whom this work will be the main one, about which the employer warns the specified person in writing at least two weeks before the termination of the employment contract.
A fixed-term employment contract for part-time work cannot be terminated on this basis.
Thus, if a position is vacant, but it is not yet possible to invite a permanent employee, it is more advisable in such a situation to conclude an employment contract with a part-time employee for an indefinite period.
Example
At the beginning of the school year, the physical education teacher quit. Other teachers cannot teach this subject. A coach-teacher at a children's and youth sports school agrees to teach physical education classes part-time, at the same time, the school director considers it necessary to invite a permanent employee with the appropriate qualifications to work, but it is a matter of time.
In such a situation, concluding a fixed-term employment contract with a part-time worker may be a deterrent when hiring a permanent employee. The two-week period required to warn a part-time employee with whom an employment contract has been concluded for an indefinite period will not have a significant impact on the issue of personnel placement.
Documents required when concluding an employment contract for part-time work
When applying for a part-time job with another employer, an employee, in accordance with Article 283 of the Labor Code of the Russian Federation, is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate about the nature and working conditions at the main place of work. This article does not provide for the presentation of other documents.
At the same time, Article 65 of the Labor Code of the Russian Federation establishes that in some cases, taking into account the specifics of work, the code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.
Thus, the presentation of additional documents will be necessary when applying for a job at an educational institution, including part-time employment, on the basis of Articles 331 and 351.1. The Labor Code of the Russian Federation, in accordance with which there is either a ban on engaging in teaching activities, or restrictions on engaging in labor activities in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection and social services, in the field of children and youth sports, culture and art with the participation of minors.
Entering information about part-time work in the work book
In accordance with Article 66 of the Labor Code of the Russian Federation, at the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
If an entry about part-time work was made in the employee’s work book, then the entry on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.
Restrictions on part-time work
Restrictions on part-time work are primarily related to the length of working hours, which, as a general rule, in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.
The restrictions on the duration of working hours when working part-time, established by part 1 of Article 284 of the Labor Code of the Russian Federation, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of the Labor Code of the Russian Federation (that is, in the event of a delay in payment of wages for a period more than 15 days, if the employee notified the employer about this in writing) or was suspended from work in accordance with parts 2 or 4 of Article 73 of the Labor Code of the Russian Federation (due to refusal to transfer to another job based on a medical report or due to the lack of relevant work from the employer) .
It is necessary to emphasize that the restrictions on part-time work are related precisely to the length of working hours, and not to the amount of remuneration, which largely depends on the volume and quality of the work performed.
In addition, with persons working part-time, the employment contract is concluded for work in the corresponding position, and not in its part or part of the rate (for example, in the position of a leading engineer, and not at 0.5 of the rate or 0.5 of the position of a leading engineer) . The sections of the employment contract that determine the duration of working hours and terms of remuneration must indicate, respectively, the specific duration of working hours (per day, per week, per month), as well as the size and conditions of remuneration (for example, with a salary of 0.5 salary provided for the position of leading engineer). If there are other payments, they are also indicated in the employment contract concluded for part-time work.
The significant restrictions provided for in Article 282 of the Labor Code of the Russian Federation when engaging in part-time work (in addition to the restrictions associated with its duration) also include a prohibition for employers to engage in part-time work persons under the age of 18 years, as well as persons in heavy work , work with harmful and (or) dangerous working conditions, if the main work is related to the same working conditions, and in other cases established by federal laws.
The maximum duration of part-time work established by Article 284 of the Labor Code of the Russian Federation in the total amount of half the monthly working time standard provides the employer with the opportunity to attract part-time workers for whom a 40- or 36-hour work week is established, in the amount of 20 or 18 hours per week , respectively 82.75 or 74.45 hours per month based on the average monthly working time in 2012 with a five-day working week).
It should be taken into account that the provision provided for in subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003, No. time for main work is less than 16 hours a week, can be 16 hours a week for a month, should not be applied as contrary to Article 284 of the Labor Code of the Russian Federation as amended by Federal Law No. 90-FZ of June 30, 2006.
It follows from this that part-time work under the tariff conditions of another employer can be carried out by teachers only in the amount of half the monthly working time norm, which in terms of the weekly norm is 9 hours. A larger volume of teaching work in a school where a teacher works part-time can only take place on an hourly basis in the amount of 300 hours per year, as established by subparagraph “c” of paragraph 2 of Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41.
Restrictions on part-time work (peculiarities of performing other paid work) for certain categories of employees (organization managers, state and municipal employees)
For certain categories of workers, in addition to the restrictions provided for in Article 284 of the Labor Code of the Russian Federation and related to the duration of part-time work, other federal laws provide for other restrictions and features of performing other paid work.
A) Restrictions on part-time work for heads of educational institutions and other features of their performance of other paid work
In accordance with Article 35 of the Law of the Russian Federation “On Education,” heads of state and municipal educational institutions are not allowed to combine their positions with other leadership positions (except for scientific and scientific-methodological leadership) inside or outside educational institutions. It has also been established that the official duties of the heads of the same institutions and their branches (departments) cannot be performed part-time.
At the same time, the legislation does not provide for such a ban for heads of other institutions and organizations that are not state and municipal educational institutions, that is, a ban on combining their positions with other management positions.
At the same time, in accordance with Article 276 of the Labor Code of the Russian Federation (but taking into account the restrictions provided for in Article 35 of the Law of the Russian Federation “On Education”), heads of educational institutions, like heads of other organizations, can work part-time for another employer, which requires permission from the authorized body a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner. However, this article does not provide for any regulation of part-time work of a manager with the same employer, that is, in his own organization.
Apparently, the regulation of part-time work of a manager only for another employer is due to the fact that the same employer for the manager actually does not have a party to conclude an employment contract, as well as the possibility of objective control of the work performed.
For example, on the one hand, the head of an educational institution, authorized to conclude employment contracts with employees on behalf of the employer, cannot be a party to concluding an employment contract with himself in another position. On the other hand, the founder or executive body authorized to conclude an employment contract with the head of an educational institution does not have the right to conclude employment contracts with employees of the educational institution, including in positions that the director could apply for in addition to his main job.
At the same time, the manager has the opportunity to perform other paid work in his own educational institution.
Thus, in accordance with subparagraph “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the head of an educational institution is allowed to carry out teaching work in the same educational institution without holding a full-time position, since this does not require the conclusion of an employment contract. The conditions for the head of an educational institution to carry out teaching work and payment for it are provided for by making appropriate additions to the employment contract concluded with the head by the founder or other authorized body.
It should be noted that the teaching work of a leader without holding a full-time position is possible only as a teacher, instructor, additional education teacher, trainer-teacher in educational institutions implementing general education programs, primary and secondary vocational education programs, as well as additional education for children, since The staffing of these categories is carried out not on the basis of staffing, but on the basis of the number of hours in curricula and programs, staffing levels and other conditions. Remuneration for the work of heads of educational institutions for performing such teaching work is carried out based on the norms of hours of teaching work established for the specified positions at the wage rate, which are estimated for calculating wages for its actual volume.
B) Features of performing other paid work (part-time work) for state and municipal employees
The specifics of performing other paid work for state and municipal employees, including employees of state and municipal bodies exercising management in the field of education, are established:
- Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation” (as amended and supplemented) (hereinafter referred to as Federal Law of March 2, 2007 No. 25-FZ);
- Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (as amended and supplemented) (hereinafter referred to as Federal Law of July 27, 2004 No. 79-FZ).
Thus, in accordance with paragraph 2 of Article 1 of Federal Law No. 25-FZ of March 2, 2007, a municipal employee, with the exception of a municipal employee holding the position of head of a local administration under a contract, has the right, with prior written notification to a representative of the employer (employer), to perform other paid work , unless this entails a conflict of interest and unless otherwise provided by this Federal Law.
At the same time, Article 14 establishes prohibitions for municipal employees related to municipal service. For example, it is prohibited to fill a municipal service position if elected to a paid elective position in a trade union body, including in the elected body of a primary trade union organization created in a local government body, or in the apparatus of the election commission of a municipality.
Paragraph 2 of Article 14 establishes that a municipal employee holding the position of head of a local administration under a contract has no right to engage in other paid activities, with the exception of teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
In accordance with paragraph 2 of Article 14 of the Federal Law of July 27, 2004 No. 79-FZ, a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest (previously, civil servants were prohibited from doing any other work). paid work, except for teaching, scientific or other creative activities).
Features of regulation of part-time work.
Duration of part-time work
Features of the regulation of part-time work in accordance with Article 282 of the Labor Code of the Russian Federation in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established for teaching, medical, pharmaceutical and cultural workers.
Currently, the features of part-time work for these categories of workers, as mentioned above, are determined by Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, which was adopted in accordance with Resolution of the Government of the Russian Federation dated April 4, 2003 No. 197 “On the features. part-time work for teaching, medical, pharmaceutical and cultural workers”, taking into account the opinion of the RTK.
Describing the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41, it should be noted that the peculiarities primarily lie in the fact that for certain teaching, medical, pharmaceutical and cultural workers, part-time work is permitted for a longer duration than is provided for in Article 284 of the Labor Code of the Russian Federation. .
Another significant feature established for teaching, medical, pharmaceutical and cultural workers is that certain types of work performed in addition to the main one are not considered part-time work and do not require the conclusion (registration) of an employment contract.
Let us dwell in more detail on the features of part-time work for teaching staff.
For some categories of teaching staff, other teaching work in the same or another educational institution is considered part-time work, while for others part-time work is teaching work only in another educational institution.
Teaching staff for whom other regular teaching work in the same or another educational institution is part-time include:
employees from among the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) specialists (IPK);
other pedagogical workers of universities and IPK (methodologists, educational psychologists, additional education teachers, etc.).
For these categories of teaching staff, teaching work performed in another full-time position in the same or another educational institution is part-time and is formalized by concluding another employment contract.
Teaching staff for whom other regular teaching work is considered part-time only if it is performed in another educational institution include:
teachers, teachers, speech pathologists, speech therapists, teachers-organizers of the basics of life safety, pre-conscription training, heads of physical education, masters of industrial training, educators, tutors, teacher-librarians and other pedagogical workers of primary or secondary vocational education institutions, preschool educational institutions institutions, educational institutions of general education, institutions of additional education for children and other children's institutions.
As a rule, questions immediately arise: why only in others? Can't these employees do other teaching work part-time in the same institution?
In this case, we are not talking about a ban, but only about a different procedure for regulating other teaching work in the same institution.
Thus, in accordance with paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, other regular teaching work in the same institution of primary or secondary vocational education, preschool educational institution, educational institutions of general education, institutions of additional education for children and other children's institutions is not allowed. is a part-time job, and therefore does not require the conclusion of a separate employment contract.
(For details on the specifics of performing such teaching work, see the section “Conditions for performing work that is not considered part-time”).
As for the issues of part-time work, then, as already noted, the duration of working hours when working part-time in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer should not exceed a total of half of the monthly working time standard.
Examples
1. The IPK methodologist works in a full-time position as an assistant professor in the same institution. The duration of his working time as an assistant professor should not exceed 18 hours per week, that is, half of the monthly standard of working time established for a teaching position, calculated from his 36-hour working week.
2. An associate professor of a university at the same and/or another university is hired for another full-time part-time teaching position.
In each case, an employment contract on part-time work in a teaching position (assistant, teacher, senior lecturer, associate professor, professor) must be concluded with such a teacher both in the same and in another university (one or more) with a working time not exceeding 18 hours per week, which corresponds to half the official salary provided for the part-time position held (taking into account compensation and/or incentive payments applied in the institution).
In accordance with subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41, cultural workers engaged part-time as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, can perform this work for a duration of not exceeding the monthly standard of working time, calculated from the duration of the working week established for the relevant position.
Cultural workers include workers whose main job is to work as managers and specialists in various cultural institutions (theaters, museums, clubs, circuses, galleries, concert organizations, libraries, etc.).
Teaching staff of additional education, which may include cultural workers (along with workers directly listed in paragraph 8 of subparagraph “b” of clause 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41), may include employees of educational institutions whose Pedagogical activities are directly related to the implementation of additional educational programs: additional education teachers, trainers, teachers, organizing teachers, methodologists of institutions of additional education for children.
Examples
1. A theater artist works part-time as a teacher of additional education in a secondary school or in an institution of additional education for children. The volume of teaching work, and therefore the normalized part of his teaching work in a part-time position in this position, can be 18 hours a week, which does not exceed the monthly standard of working time, calculated from the weekly standard of hours of teaching work established for the additional education teacher. Salaries for an 18-hour weekly workload will be paid in the amount of the monthly wage rate of a teacher of additional education (using compensation and/or incentive payments established by the institution).
2. The ballet dancer works part-time as the artistic director of the ensemble in the House of Children's Creativity. The duration of his working time in the specified position should not exceed 40 hours per week with appropriate remuneration in proportion to the time worked. With a 40-hour work week, the salary of the artistic director of an educational institution must be paid in the amount of the official salary established for this position (using the compensation and/or incentive payments established in the institution).
In accordance with subparagraph “c” of paragraph 1 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41, with the consent of the employer, the teaching work of highly qualified specialists on a part-time basis in educational institutions for advanced training and retraining of personnel is permitted during regular working hours with the preservation of wages at the main place. work.
It should be noted that this resolution does not provide a list of highly qualified specialists who can perform part-time teaching work in these educational institutions. There are also no time limits for performing such work, nor a specific list of educational institutions for advanced training and retraining of personnel.
Consequently, the employer at the place of main work has the right to decide for himself in assessing the qualifications of the specialist whom he will allow to perform such work part-time while maintaining his salary, as well as the time for its completion.
The resolution of the Ministry of Labor of Russia also does not regulate the issue related to what form (oral or written) the employer’s consent must be expressed, and therefore, in order to avoid possible misunderstandings and consequences, it is advisable to issue the permission in writing (possibly in the form of an additional condition, contained in the written form of the employment contract for the main job).
Remuneration for part-time work
In accordance with Article 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made:
in proportion to the time worked;
depending on output;
on other conditions specified in the employment contract.
When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed.
Persons working part-time in areas where regional coefficients and wage allowances have been established are paid taking into account these coefficients and allowances.
As noted above, there are no restrictions on the amount of remuneration for part-time work. Persons working part-time for half the monthly working hours, but performing work in a larger volume than provided for by the position of the employee employed for half the monthly working hours, may be paid for the work actually performed, including by establishing an additional payment for an increase in the volume of work performed. work or other compensation and/or incentive payments.
When performing part-time work, the employee’s remuneration must be calculated from the salary established for him not lower than the minimum wage in proportion to the established part-time work. If, for example, an employee performs work in the amount of half the monthly working time standard (20 hours per week with a 40-hour work week), then his salary should be no less than 2305.5 rubles. per month (4611 x 20:40).
When calculating the wages of workers performing part-time work in the Far North and equivalent areas, one should take into account the position expressed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation (dated April 8, 2011 No. 3-B11-4, dated 29 April 2011 No. 3-B11-5, dated June 24, 2011 No. 52-B11-1) regarding regional coefficients and northern allowances.
Based on the position expressed by the court, it follows that when establishing a remuneration system, each employer must be equally observed as a norm that guarantees an employee who has fully worked the standard working hours for the month and fulfilled labor standards (labor duties) a salary not lower than the minimum wage labor (Article 133 of the Labor Code of the Russian Federation), and the rules of Articles 2, 130, 132, 135, 146, 148, 315, 316 and 317 of the Labor Code of the Russian Federation, including the rule on remuneration for labor carried out in the regions of the Far North and equivalent to their localities, at an increased rate compared to payment for identical labor performed in normal climatic conditions.
In accordance with Articles 315, 316 and 317 of the Labor Code of the Russian Federation, unfavorable factors associated with work in these conditions must be compensated by special coefficients and wage premiums, in connection with which the wages of employees of organizations located in the Far North and equivalent regions to their localities, must be determined in an amount not less than the minimum wage, after which a regional coefficient and a bonus for work experience in these areas or localities must be added to it.
It should also be borne in mind that if work in addition to the main one is performed by an employee as an internal part-time worker, then the calculation of his salary, taking into account the above principles, must be carried out for each position separately.
Annual basic and additional leaves for part-time workers
In accordance with Article 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months in a part-time job, then leave is granted in advance, that is, the full duration established for the part-time position held. Proportional calculation of the duration of vacation for time worked part-time is not allowed.
In the event that an employee’s annual paid leave at a part-time job is set to a shorter duration than the duration of leave at the main place of work, the employer, at the employee’s request, provides him with leave without pay for the missing duration.
In accordance with Article 321 of the Labor Code of the Russian Federation, the total duration of annual paid leave for part-time workers is established on a general basis, including persons working in the regions of the Far North are provided with additional paid leave of 24 calendar days, and persons working in areas equated to regions Far North - 16 calendar days.
If laws and other regulatory legal acts, collective agreements, agreements, and local regulations provide for guarantees and compensation for employees of an organization, then in accordance with Article 287 of the Labor Code of the Russian Federation, persons working part-time are provided with them in full (with the exception of guarantees and compensation established for persons combining work with study, as well as persons working in the Far North and equivalent areas).
Conditions for performing work that is not considered part-time work
Paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for teaching, medical, pharmaceutical workers and cultural workers, that is, the categories of workers provided for in paragraph 1 of this resolution, defines types of work that are not part-time and do not require the conclusion of an employment contract. .
These include the following types of work.
1. Pedagogical work on an hourly basis in an amount of no more than 300 hours per year (subparagraph “c” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subclause, pedagogical work can be carried out:
- teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) specialists (IPK), other teaching staff of these institutions (methodologists, educational psychologists, etc.). This work can be performed by these employees in the same or another educational institution, including in addition to internal or external part-time work;
- teachers, teachers, educators and other pedagogical workers of institutions of primary and secondary vocational education, preschool educational institutions, educational institutions of general education, educational institutions of additional education for children and other children's institutions, but only in another educational institution, since pedagogical work in the same institution in any amount is not considered part-time work in itself and is paid for all teaching work on tariff terms (with the exception of replacing absent teaching staff, which lasted no more than two months);
- teaching staff from among the employees of institutions, organizations (including employees of bodies exercising management in the field of education), with whom the educational institution initially concluded an employment contract for part-time work (in any amount, but not exceeding half the monthly norm).
For example, a specialist from an educational management body entered into an employment contract with a school to work part-time as a teacher with a teaching volume of 1 hour per week or more. Since in this case he will already be a teaching worker, who is subject to clause 2 of the resolution of the Ministry of Labor, an additional condition may be included in this employment contract regarding the performance of teaching work in the amount of 300 hours per year on an hourly basis, which will not be a part-time job.
300 hours per year in terms of the weekly volume of study load is 8-9 hours (depending on the number of study weeks), which can also be reflected in the addition to the specified employment contract. Payment for all teaching work in this case will be made for the number of hours of teaching work actually performed per month on an hourly basis, the amount of which is determined based on the salary rates established for the teacher’s position, taking into account the applicable remuneration system.
2. Pedagogical work in a similar or different position in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution for additional education of children and other children's institution (subparagraph “e” of paragraph 2 of the resolution of the Ministry of Labor Russia).
In relation to subparagraph “e”, pedagogical work can be performed:
- in full-time positions (with the same or a different name), for which it is not the standard hours for the rate that are established, but a specific length of working time (for example, an educational psychologist can work in the same educational institution as a social teacher, industrial training master, methodologist (meaning a methodologist on the staff of an educational institution); a master of industrial training has the right to work in another position of a master of industrial training; a senior teacher of a preschool or other children's institution - a teacher, educational psychologist, social teacher);
- in positions for which (for one or both) hour standards are established for the wage rate (for example, a teacher of a preschool educational institution can work in the same institution as a music director and/or speech therapist; a teacher at a music pedagogical college can work as an accompanist, a teacher in a dormitory the same institution).
Other options for performing teaching work in the same institution are also possible. All of the above and other teaching staff can conduct teaching work in the same educational institution, classes in clubs and other student associations.
3. Work without holding a full-time position in the same institution for the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments, managing subject and cycle commissions, work in managing industrial training and practice of students and other students, etc. (subparagraph “g” » paragraph 2 of the resolution of the Russian Ministry of Labor).
In educational institutions, types of work without holding a full-time position (in addition to those listed) are:
- additional work, which in its content is related to the educational process, but is not included in the job responsibilities of teaching staff (classroom management, group leadership, checking written work, managing educational and experimental sites, extracurricular work in physical education, management of educational and consulting centers, boarding schools at general educational institutions, performing the duties of a master of educational workshops);
- other types of additional work (if there are no employees on staff whose responsibilities include its implementation).
The specified additional work is determined when concluding an employment contract for the main job or in an additional agreement to the employment contract.
4. Work without holding a full-time position in the same institution, related to the teaching work of managers and other employees of educational institutions (subparagraph “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subclause, teaching work (including in clubs and other student associations) can be carried out:
- directors, their deputies, heads of structural divisions, teaching staff holding full-time positions (teacher psychologists, social educators, teacher librarians, methodologists, etc.), librarians, engineers, laboratory assistants, other specialists, administrative and economic educational support staff.
The scope of teaching work is determined when concluding an employment contract for the main job (if the issue of teaching work is being resolved at the same time) by making appropriate additions to it or when concluding an additional agreement to the employment contract.
It should be noted that the right for heads of federal educational institutions (structural divisions) implementing general education programs, primary vocational and secondary vocational education programs, as well as additional educational programs, to carry out teaching work without holding a full-time position in classes, groups, clubs, sections in the same educational institution under the terms of an additional agreement to the employment contract, enshrined in the Industry Agreement on organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014, concluded between the Ministry of Education and Science of the Russian Federation and the Trade Union of Workers of Public Education and Science of the Russian Federation 22 February 2012 (registered with the Federal Service for Labor and Employment on March 27, 2012, registration number No. 204/12-14).
At the same time, the parties proceeded from the fact that the provision of teaching work to the specified persons, as well as pedagogical, managerial and other employees of other educational institutions (structural divisions), employees of enterprises, institutions and organizations (including employees of bodies exercising management in the field of education and educational and methodological classrooms, centers) is carried out taking into account the opinion of the elected body of the primary trade union organization and provided that teachers for whom this educational institution is the place of main work are provided with teaching work in their specialty in an amount not less than the salary rate.
Similar provisions can be included in regional and territorial agreements and collective agreements in order to uniformly regulate this issue.
5. Work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate, including for hours replacing teaching staff absent due to illness and other reasons (subparagraph “h” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
For example:
- a school teacher performs teaching work in the amount of 27 hours per week, that is, in excess of the established 18-hour norm of teaching work per week, for which the wage rate is paid;
- a college teacher conducts teaching work in the amount of 1000 hours per year, that is, in an amount exceeding the established annual standard of hours for the wage rate of 720 hours of teaching work;
- a teacher of a preschool educational institution, whose standard hours for the wage rate is 36 hours per week, performs teaching work in this position in the amount of 72 or 60 hours per week;
- a teacher of additional education carries out teaching work in a circle, section in the amount of 36 hours per week, that is, 18 hours exceeding the weekly standard of hours for which the wage rate is established.
The time it takes to complete work that is not considered part-time work and its volume
In accordance with paragraph eleven of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the performance of work specified in subparagraphs “b”-“h”, which are not considered part-time work, is allowed during regular working hours with the consent of the employer. Consequently, the employer has the right to independently determine the types of work provided for in subparagraphs “b” - “h”, which, without prejudice to the main work, can be performed during the main working hours, as well as their volume.
It should be noted that in fact, it is practically impossible to carry out some types of teaching work during regular working hours, despite the rule contained in the said paragraph on the possibility of performing the work provided for in subparagraphs “e” and “h” during regular working hours.
Thus, a teacher cannot simultaneously work in an extended day group (EDT) as a teacher, and a teacher, while performing work in an EDT, cannot conduct teaching work during his working hours, etc.
Along with this, pedagogical work provided for in subparagraph “h” cannot be performed during regular working hours, since this work is preconditioned by its completion in excess of the established standard hours, for which the wage rate is paid.
At the same time, according to established practice, the employer, guided by this resolution, has the right to allow individual teaching workers to carry out other teaching work during their main working hours (for example, teacher-librarians, educational psychologists, teacher-organizers, senior counselors can conduct teaching work including the volume that will be established by him (in whole or in part) within the established working hours). A decision on this issue should be made taking into account the volume of work performed, shifts of classes, and other conditions for its implementation.
Taking into account the same conditions, teaching work can also be carried out in the same institution by other teaching staff, according to the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff. educational institutions”, it is not the norms of hours of pedagogical (teaching) work for the wage rate that are established, but the specific duration of working time is 30 or 36 hours per week (clause 1 of the appendix to the said order), that is, by senior educators, educational psychologists, social workers, teachers -organizers, as well as heads of physical education, teachers-organizers of life safety, in addition to the teaching load, which, in accordance with the qualification characteristics, is included in their job responsibilities.
During regular working hours, as noted above, teaching work may be allowed to heads of educational institutions, as well as their deputies and heads of structural units, without holding a full-time position.
At the same time, performing additional work on class management, checking written works and other additional work, which is discussed in subparagraph “g” of paragraph 2, is hardly possible during regular working hours.
It should be noted that the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for the types of pedagogical (teaching) work provided for in subparagraphs “f”, “g”, “h” does not establish its maximum volume, since in accordance with Article 333 According to the Labor Code of the Russian Federation, the teaching load of a teaching employee of an educational institution, stipulated in an employment contract, may be limited to an upper limit only in cases provided for by the standard regulations on an educational institution of the relevant type and type, approved by the federal executive body authorized by the Government of the Russian Federation.
Currently, the upper limit of the teaching load (that is, the maximum amount of teaching (pedagogical) work that can be performed in the same educational institution) for teaching staff in institutions of primary vocational education, preschool educational institutions, educational institutions of general education, educational institutions of additional education children and other child care institutions is not established in the relevant standard provisions.
For teachers of primary and secondary vocational education institutions, an upper limit has been established.
Thus, in the Standard Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation dated July 18, 2008 No. 543, and in the Model Regulations on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation dated July 14, 2008. No. 521, it is determined that the teaching load for the academic year for teaching staff, stipulated in the employment contract, should not exceed 1440 academic hours.
It is necessary to take into account that the teaching load of 1,440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the standard teaching hours for one wage rate is 720 hours of teaching per year.
It follows from this that decisions of educational authorities and other executive authorities providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers to less than 1,440 hours per year, are unlawful.
The performance of pedagogical work provided for in subparagraphs “f”, “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41 is formalized by introducing appropriate additions to the employment contract for the main work (by concluding an additional agreement to the employment contract) on that, for example, the employee accepts the responsibility to perform:
- additional teaching work by position (the position in which other pedagogical work will be performed is indicated) with the duration of working time or the number of hours of teaching (pedagogical) work (either the duration of working time or the number of hours of teaching (pedagogical) work is indicated);
- additional work not included in the scope of the main duties (for example, class management, checking written work, etc.).
The employer undertakes to pay for the specified types of work in the amount (its amount is indicated), and also determines the possibility of performing work during regular working hours (in whole or in part) or outside of it.
Vacation pay when performing work that is not considered part-time work
Taking into account that the employment contract for teaching work provided for in subparagraphs “f”, “g” and “h” of paragraph 2 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41, questions arise related to the provision of leave and calculation. payment for vacation, reduction in the volume (cancellation) of teaching and other additional work.
It should be borne in mind that leave for employees who perform teaching work along with their main job is granted for the duration established for the main position, and payment for leave is calculated based on accrued wages in the billing period, taking into account payment for teaching work, as well as taking into account established surcharges. In cases where the duration of leave for the main job is less than for the position of a teacher or lecturer, according to established practice, payment for leave is calculated separately for each position, that is, accordingly based on the salary accrued in the calculation period and the duration of leave established for the main and teaching work.
If during the academic year or for the new academic year, for reasons related to changes in organizational or technological working conditions, the volume of teaching work is reduced or additional payments are cancelled, then appropriate changes are made to the employment contract for the main job, as established by Article 74 of the Labor Code of the Russian Federation. The employer is obliged to notify the employee in writing about upcoming changes to the terms of the employment contract, as well as about the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.
Remuneration for management and other employees of educational institutions for teaching work that is not part-time work is carried out in the manner and on the terms established for teachers, instructors, teachers of additional education, trainers, including on the terms of their tariffs for this work.
It should also be noted that Appendix No. 1 to the Industry Agreement for organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014 stipulates that during work during the autumn, winter, spring and summer holidays of students , as well as during periods of cancellation of classes (educational process) for students, pupils for sanitary-epidemiological, climatic and other reasons, remuneration of persons from among the management, administrative, economic and educational support personnel conducting teaching work during the academic year, including classes in clubs, is carried out on the basis of wages established in the tariff setting preceding the start of the holidays or the period of cancellation of classes (educational process) for the specified reasons.
Substitution and payment of lessons for absent (due to illness and other reasons) teachers
In order to resolve issues related to replacing and paying for lessons of absent (due to illness and other reasons) teachers, the following options can be used, which are used in practice.
Lessons of temporarily absent teachers, as a rule, must be replaced by teachers of the same specialty, who must be paid hourly for the additional number of hours of classes in the same subject.
In exceptional cases, when such a replacement is impossible, absent teachers may be replaced by teachers teaching other subjects, who, during temporarily free hours, can go through the program in their subject a little ahead, so that then, at the expense of teaching hours in the subject of the substitute teacher, the absent teacher can make up for the missed time. program already in its subject.
According to established practice, remuneration for teachers during such a replacement will be made as follows.
A teacher who replaces an absent teacher and conducts classes in his subject in advance does not receive additional pay during this period, since when he transfers his teaching hours to the returning teacher, he will retain the salary established during tariffication.
An absent teacher who, upon returning, will conduct training sessions according to his own schedule and according to the schedule of the teacher who replaced him during the period of absence, in addition to the salary established during the tariffication, must be paid hourly for the hours of classes given in excess of his teaching load established during the tariffication .
This replacement procedure allows you to make up for the missed program without overloading students.
II. COMBINATION OF PROFESSIONS (POSITIONS),
EXPANDING SERVICE AREA, INCREASING THE VOLUME OF WORK, PERFORMING THE DUTIES OF TEMPORARILY ABSENT EMPLOYEES
Such forms of labor organization as combining professions (positions), expanding service areas, increasing the volume of work, and fulfilling the duties of temporarily absent workers are regulated by federal legislation.
In accordance with Article 60² of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional payment, the amount of which determined in the manner established by Article 151 of the Labor Code of the Russian Federation.
In this case, additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work.
To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
In cases where the specified work is performed due to the non-appearance of the replacement employee at the end of the shift and it is impossible to replace him with another employee, payment is made as for overtime work (Article 152 of the Labor Code of the Russian Federation).
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.
In accordance with Article 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work without exemption from work specified in the employment contract, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content and (or) volume additional work.
It should be noted that by Decree of the Government of the Russian Federation of March 10, 2009 No. 216 (with amendments and additions) the Decree of the Council of Ministers of the USSR of December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” was declared invalid on the territory of the Russian Federation. "(SP USSR, 1982, No. 2, Art. 7), in accordance with which there were restrictions on the use of such forms of labor organization as combining professions (positions), expanding service areas, increasing the volume of work for the heads of organizations.
Currently, any employee with his consent, including the heads of organizations, can be assigned to perform additional work in a different or the same profession (position) for additional pay during the established duration of the working day (shift), along with the work specified in the employment contract.
Exceptions to this rule are still associated only with the prohibition for heads of state and municipal educational institutions in combining their positions with other leadership positions (except for scientific and scientific-methodological leadership) inside or outside educational institutions.
Differences in the use of forms of labor organization when part-time and when combining professions (positions), expanding service areas, increasing the volume of work
Due to the consonance of the concepts of “part-time work” and “combination”, inaccuracies arise in the understanding and design of work in these two different types of relations between employee and employer. The main characteristic differences between the conditions of part-time work and the order of combining professions (positions) are illustrated in the table below.
1. Establish the following features of part-time work for teaching, medical, pharmaceutical and cultural workers:
a) these categories of employees have the right to carry out part-time work - performing other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, occupation - profession, and in cases where reduced working hours are established (with the exception of work in respect of which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);
b) the duration of part-time work for the specified categories of employees during 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, trainers) - half of the monthly standard working time, calculated from the established length of the working week; -
for teaching staff (including trainers-teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
c) the teaching work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work. 2. For the categories of workers specified in paragraph 1 of this resolution, 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 work on editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;
b) carrying out medical, technical, accounting and other examinations with a one-time payment;
c) teaching work on an hourly basis in an amount of no more than 300 hours per year;
d) providing consultations by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
e) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
g) work without holding a full-time position in the same institution or another organization, including the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments; teaching work of managers and other employees of educational institutions; management of subject and cycle commissions; work on the management of industrial training and practice of students and other students; duty of medical workers in excess of the monthly working hours according to the schedule; and etc.;
h) work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers;
i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.
Carrying out the work specified in subparagraph.
“b” - “h”, is allowed during regular working hours with the consent of the employer.
List of educational and other institutions, enterprises and organizations and positions in which work gives the right to annual extended paid leave
APPROVED BY THE DECREE OF THE GOVERNMENT OF THE RF dated September 13, 1994.
(EXTRACTS)
No. Name of institutions Duration
vacation in calendar days Names of employee positions ()
7 Educational institutions of secondary and higher vocational education and corresponding additional education 56 Rectors (directors); first vice-rectors; vice-rectors (deputy directors); directors (heads) of branches; teachers; faculty; heads of: doctoral studies, postgraduate studies, research departments (sectors), departments, educational departments (parts), educational and consulting centers; managers (managers) of production practice; scientific secretaries of the council 8 Educational, educational and methodological offices (centers), including those included in the structure of educational institutions 42 Directors (heads), their deputies; heads of departments and other structural units; methodologists; educational psychologists 2. Vice-rectors (deputy directors), [except for the first vice-rector, vice-rector (deputy director) for educational, scientific work, evening and distance learning, advanced training]; deans of faculties and their deputies, directors (heads) of branches, heads of: departments, doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts); managers (managers) of production practice; Academic secretaries enjoy the annual extended leave provided for in paragraph 7 of this List, provided that they conduct at least 150 hours of teaching work in the same educational institution of higher vocational education and corresponding additional education in the academic year, and in institutions of secondary vocational and corresponding additional education - at least 240 hours of teaching experience.
If teaching work is not completed in the specified amount, annual leave is provided to these employees on a general basis.
Vice-rectors (deputy directors) for administrative and economic work are granted annual leave on a general basis, regardless of their pedagogical work.
4. Annual extended leaves established by this List of the same duration are granted to teaching staff for positions of the same name with the name “senior” or “chief”.
Regulations on the procedure and conditions for providing teaching staff
educational institutions long leave for up to one year
APPROVED BY ORDER OF THE MINISTRY OF EDUCATION OF THE RF DATED 7.12.2000 1.
This Regulation establishes the procedure and conditions for granting long leave for a period of up to one year to teaching staff of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder. 2.
Teaching staff of educational institutions in accordance with paragraph 5 of Art. 55 of the Law of the Russian Federation “On Education” have the right to long leave for a period of up to one year (hereinafter referred to as long leave) at least every 10 years of continuous teaching work. 3.
The experience of continuous teaching work, which gives the right to a long vacation, includes the time spent working in state, municipal educational institutions and non-state educational institutions that have state accreditation, in the positions and under the conditions provided for in the appendix to this Regulation. 4.
The length of continuous teaching experience is established in accordance with entries in the work book or on the basis of other properly executed documents.
Issues regarding the calculation of continuous teaching experience are considered by the administration of the educational institution in agreement with the trade union body.
5. The length of continuous teaching work that gives the right to long leave includes:
Actual time worked;
The time when the teacher did not actually work, but he retained his place of work (position) and salary in full or in part (including the time of paid forced absence in the event of improper dismissal or transfer to another job and subsequent reinstatement); -
the time when the pedagogical worker underwent practical training in paid teaching positions during the period of study in educational institutions of secondary and higher vocational education, graduate school and doctoral studies; -
the time when the teaching worker did not actually work, but he retained his place of work (position) and received state social insurance benefits, with the exception of the time when the teaching worker was on partially paid leave and received child care benefits until he reaches age one and a half years.
6. The length of continuous teaching work is not interrupted in the following cases: -
when an employee transfers in the prescribed manner from one educational institution to another, if the break in work does not exceed one month; -
when entering a teaching job after dismissal from teaching upon expiration of the employment agreement (contract) of persons working in the Far North and equivalent areas, if the break in work did not exceed two months; -
when entering a teaching job after dismissal from educational authorities due to the reorganization or liquidation of these bodies, staff reduction, if the break in work did not exceed three months, provided that work in educational authorities was preceded by teaching work; -
when entering a teaching job after dismissal from military service or equivalent service, if the service was immediately preceded by teaching work, and the interval between the day of dismissal from military service or equivalent service and entry to work did not exceed three months; -
when entering a teaching job after dismissal due to the liquidation of an educational institution, reduction in the staff of teaching staff or its number, if the break in work did not exceed three months; -
upon entering a teaching job after dismissal from teaching at one's own request due to the transfer of the husband (wife) to work in another area, regardless of the break in work; -
when entering a teaching job after graduating from a higher or secondary pedagogical educational institution, if studying at the educational institution was immediately preceded by teaching work, and the break between the day of graduation from the educational institution and the day of entry to work did not exceed three months; -
when applying for a teaching job after being released from work in the specialty in Russian educational institutions abroad, if the break in work did not exceed two months; -
when entering a teaching job after dismissal from teaching due to disability, if the break in work did not exceed three months (the three-month period in these cases is calculated from the date of restoration of working capacity); -
when entering a teaching job after dismissal from teaching due to a discovered inconsistency of the employee with the position held or the work performed due to health reasons (according to a medical report) that prevent the continuation of this work, if the break in work did not exceed three months; -
upon entering a teaching position after dismissal of one's own free will due to retirement.
When moving from one teaching job to another due to a change in place of residence, the break in work is extended by the time necessary for the move. 7.
Long-term leave may be granted to a teaching employee at any time, provided that this does not adversely affect the activities of the educational institution. 8.
The order and timing of long-term leave, duration, inclusion in annual paid leave, the possibility of paying for long-term leave at the expense of extra-budgetary funds and other issues not provided for by these Regulations are determined by the charter of the educational institution.
9. Long leave is granted to a teaching employee upon his application and is formalized by order of the educational institution.
Long-term leave for the rector, director, head of an educational institution, head of an educational institution is formalized by order of the Ministry of Education of Russia.
10. A teaching worker on long-term leave is retained his place of work (position) in accordance with the established procedure.
A teaching worker on long-term leave retains his teaching load in accordance with the established procedure, provided that during this time the number of hours in the curriculum and programs or the number of educational groups (classes) has not decreased. eleven.
During a long vacation, the transfer of a teaching employee to another job, as well as his dismissal at the initiative of the administration, is not allowed, with the exception of the complete liquidation of the educational institution. 12.
For a teaching worker who falls ill while on long-term leave, the long-term leave is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, in agreement with the administration of the educational institution, is postponed to another period.
Long-term leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time.
Application
to the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year
List of positions in which work is counted towards continuous teaching experience
1. List of positions, work in which is counted towards the length of continuous teaching work, regardless of the volume of teaching work: -
Professor; -
Senior Lecturer; -
teacher; -
assistant; -
teacher; -
teacher-speech pathologist; -
teacher speech therapist; -
teacher-organizer (basics of life safety, pre-conscription training); -
additional education teacher; -
head of physical education; -
master of industrial training; -
senior trainer-teacher; -
trainer-teacher; -
accompanist; -
musical director; -
teacher
2. List of positions, work in which is counted towards continuous teaching experience under certain conditions: -
rector, director, head of an educational institution; -
head of an educational institution; -
vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process; -
director, head of a branch of an educational institution; -
head of a branch of an educational institution; -
head master; -
educational facility manager; -
dean, deputy dean of the faculty; -
head, deputy head of the department, doctoral studies, postgraduate studies, department, sector; -
head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution; -
scientific secretary of the academic council; -
manager (manager) of production practice; -
Methodist; -
instructor-methodologist; -
senior methodologist; -
senior teacher; -
cool teacher; -
social teacher; -
educational psychologist; -
teacher-organizer: -
senior counselor; -
labor instructor; -
physical education instructor.
The time spent in positions listed in clause 2 of this list is counted towards the length of continuous teaching work provided that the teaching staff performs teaching work in each academic year in the positions listed in clause 1 of this list (both with and without teaching full-time position) in the following amount: -
at least 150 hours - in institutions of higher professional education and corresponding additional professional education (advanced training) for specialists; -
at least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; -
at least 6 hours a week in general education and other educational institutions.
The work of teachers has its own characteristics. This fully applies to part-time work. However, it can be difficult to compare legal norms with practice - it is silent about some aspects. Let's consider several typical questions that arise in cases where a teacher works with an additional load.
Separate agreement: to draw up or not
By virtue of Part 1 of Art. 333 of the Labor Code of the Russian Federation for teaching staff, a reduced working time is established - no more than 36 hours per week. According to Part 2 of this article, the teaching load of a teaching worker, specified in an employment contract, may be limited to an upper limit in cases provided for in the standard regulations of an educational institution.
Like any other employees, teachers have the right to work part-time, i.e. perform other regular paid work for the same or another employer in your free time from your main job. In this case, employment contracts on internal or external part-time work are concluded with the employee.
Attention! Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 (hereinafter referred to as Resolution N 41) established the features of part-time work for teaching, medical, pharmaceutical and cultural workers. The performance by teaching staff of certain types of work listed in paragraph 2 of Resolution No. 41 is not considered part-time work and does not require the conclusion of a separate employment contract.
The following are not part-time jobs:
- teaching work on an hourly basis in the amount of no more than 300 hours per year (clause “c”, paragraph 2 of Resolution No. 41);
- teaching work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and another children's institution with additional pay (clause "e" clause 2 of Resolution No. 41) ;
- work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers (clause "z" clause 2 of Resolution No. 41).
Performing such work is permitted during regular working hours with the consent of the employer in the same institution in which the employees work at their main place of work, without registering an internal part-time job. The employer independently determines the types and volume of work that can be performed by one or another employee without prejudice to the main work.
Clause 3 of the Appendix to the Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” establishes that for teachers in preschool educational institutions the norm of hours of teaching work for the wage rate is 36 hours in Week.
In accordance with the provisions of Art. Art. 92, 333 of the Labor Code of the Russian Federation, this means that for educators the standard hours of teaching work per week is equal to the maximum working time of teaching staff for the same time. If a preschool teacher works more than 36 hours a week, he works outside of his working hours. Resolution No. 41 does not specify how to formalize such work in this case, because within the meaning of clause 2, the work listed therein is performed by the employee during regular working hours.
Guided by the general rules established by the Labor Code of the Russian Federation, it is possible for a teacher of a preschool educational institution to work in the same position in the same institution for more than 36 hours on the basis of an employment contract for work on a part-time basis (Decision of the Supreme Court of the Russian Federation dated December 21, 2006 N GKPI06-1518) .
If the parties decide to arrange the work in this way, they must take into account that the duration of a part-time teacher’s work cannot exceed 18 hours a week (clause “b”, clause 1 of Resolution No. 41).
Example 1. A teacher wants to have a total workload of 72 hours per week, of which 36 hours are at the main place of work. With him you can draw up an employment contract for the main place of work and two employment contracts for internal part-time work, the duration of work for each of which is 18 hours per week.
Teaching staff are not prohibited from engaging in teaching activities for another employer outside of regular working hours. These relationships can be formalized by an employment contract on external part-time work.
Example 2. At a music director’s main job, half of the monthly working time is 12 hours a week. The duration of his external part-time working hours in the same position cannot exceed 16 hours of work per week (clause “b”, paragraph 1 of Resolution No. 41).
By virtue of paragraphs. "c" clause 2 of Resolution No. 41, the performance by a teaching employee of additional work with an hourly wage of up to 300 hours per year does not require the conclusion of an employment contract. However, performing additional work during regular working hours, but not for your employer, does not fall under any of the definitions of labor legislation.
Carrying out such work in an institution that is not the main place of work for the music director can be formalized by concluding a civil contract (for example, for the provision of services). Restrictions on working hours established by labor legislation do not apply in this case.
Hourly pay: 300 or 240
As already mentioned, according to Resolution No. 41, teaching work on an hourly basis in an amount of no more than 300 hours per year is not part-time. However, there is an earlier document - Regulations on the conditions of part-time work, approved by Resolution of the State Committee of Labor of the USSR, the Ministry of Justice of the USSR and the All-Russian Central Council of Trade Unions dated 03/09/1989 N 81/604-K-3/6-84 (hereinafter referred to as Regulation N 81/604-K-3 /6-84), which contains a different standard - no more than 240 hours per year. To date, this document has not been canceled and formally continues to be in force to the extent that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation).
The question arises as to what standard should be followed when paying for teaching work when applying hourly wages and what year is meant - calendar (financial), academic, or the year from the date of permission for additional work.
The effect of Regulation No. 81/604-K-3/6-84 regarding the specifics of part-time work for teaching staff raises doubts, because by virtue of Art. 282 of the Labor Code of the Russian Federation, these features must be established in the manner determined by the Government of the Russian Federation. In addition, these issues are regulated by a later normative act - Resolution No. 41.
Attention! In paragraphs "c" clause 2 of Resolution No. 41 does not mention academic or working years. It is more logical to determine the workload within a limited amount of teaching work with an hourly wage per year, the countdown of which begins from the day determined by the parties, or from the day when the employer expressed consent for the teaching employee to perform such work.
According to the general rules established by Part 3 of Art. 14 of the Labor Code of the Russian Federation, terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week. Thus, the one-year period must end on the day preceding the day on which the next year begins.
For example, a teacher is allowed additional work with hourly pay from September 2, 2013. This means that until September 1, 2014 inclusive, he must work no more than 300 hours.
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