Reducing the teaching load due to disability. How is the teaching load of teachers determined? Application. Recommendations for establishing the teaching load of teachers and lecturers of educational institutions implementing general educational

Workers Union public education and science Russian Federation
CENTRAL COUNCIL

LETTER

The Central Council of the Trade Union of Public Education and Science Workers of the Russian Federation continues to receive appeals from trade union organizations, as well as teachers and lecturers educational institutions, realizing common educational programs, educational programs of primary and secondary vocational education, about the illegal actions of the heads of educational institutions when they set the teaching load for the new academic year.

It follows from the incoming appeals that the heads of educational institutions allow the annual unreasonable redistribution of the teaching load between teachers, lecturers, referring to, in accordance with which the right to place personnel is within the competence of the educational institution. In addition, taking into account the ongoing processes of optimizing the network of educational institutions in the regions, leaders believe that the teaching load is set for only one academic year and therefore they have the right to change it annually. In some cases, the establishment of a teaching load for teachers for only one academic year is unlawfully provided for directly in the regulatory legal acts of the subjects of the Russian Federation, bodies exercising management in the field of education, which is duplicated by local regulatory acts of educational institutions.
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See Official Documents in Education. - 2004. - N 31. - S.12-78. - Ed.

Along with these violations, the heads of educational institutions, in the absence of a free teaching load, employ other teachers and lecturers by illegally reducing the teaching load of teachers and teachers of this general educational institution. An unreasonable decrease in the teaching load without their consent is also allowed on the grounds that they receive a labor pension assigned ahead of schedule.

In addition, employers do not always provide guarantees for wages in the amount of the wage rate in full, established by order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical employees ", adopted instead of the Decree of the Government of the Russian Federation of 03.04.2003 N 191, for individual teachers who cannot be provided with a full academic load, as well as teachers and teachers of educational institutions implementing educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions that have a standard of teaching hours for a salary rate of 720 hours per year), for which, for reasons beyond their control, the teaching load decreases during the academic year compared to the teaching load established at the beginning of the academic year. th year.
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See Official Documents in Education. - 2011. - N 7. - S.13-18. - Ed.

See Official Documents in Education. - 2003. - N 12. - S.67-71. - Ed.

Other violations related to the establishment of the teaching load of teachers and instructors are also allowed.

In order to provide practical assistance to trade union organizations, specialists and managers involved in establishing the teaching load of teachers and teachers, as well as monitoring the correctness of its establishment, recommendations have been prepared on establishing the teaching load of teachers and teachers of educational institutions implementing general education programs, educational programs for primary and secondary vocational education based on legislative and other regulatory legal acts of the Russian Federation.

We hope that these recommendations will be useful in the activities of the organizations of the Trade Union in protecting the social and labor rights of educators, as well as in taking the necessary measures to prevent violations of the rights of teachers and professors in matters of setting their teaching load and ensuring guarantees provided for at the federal level.

Trade Union Chairman
G.Merkulova

Application. Recommendations for establishing the teaching load of teachers and lecturers of educational institutions implementing general educational programs, educational programs of primary and secondary vocational education

I. Regulatory framework for setting the teaching load for teachers and educators

The fundamental federal legislative and other regulatory legal acts used in setting the teaching load for teachers and teachers of educational institutions that implement general education programs and educational programs for primary and secondary vocational education (hereinafter referred to as teachers, lecturers) are:

- Labor Code of the Russian Federation ;
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See Official Documents in Education. - 2005. - N 29, 30. - Ed.

- Law of the Russian Federation "On Education";

- Model regulation on a general education institution, approved by Decree of the Government of the Russian Federation of March 19, 2001 N 196 "On approval of the Model Regulation on a general education institution" (as amended and supplemented);
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See Official Documents in Education. - 2001. - N 11. - S.16-31. - Ed.

- Standard Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of July 18, 2008 N 543 "On approval of the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution)";
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See Official Documents in Education. - 2008. - N 23. - S.65-84. - Ed.

- Model regulation on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation of July 14, 2008 N 521 "On approval of the Model Regulation on an educational institution of primary vocational education";
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See Official Documents in Education. - 2008. - N 22. - S.64-78. - Ed.

- Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers" ( Further- Order of the Ministry of Education and Science of Russia N 2075);

- Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 "On the peculiarities of the working hours and rest time of pedagogical and other employees of educational institutions";
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See Official Documents in Education. - 2006. - N 23. - S.54-64. - Ed.

- Decree of the Ministry of Labor and Social Development of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (hereinafter referred to as the Decree of the Ministry of Labor of Russia N 41).
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See Official Documents in Education. - 2003. - N 25. - S.53-55. - Ed.

II. The volume of the study load as a mandatory condition of the employment contract

The need to indicate in the employment contract of pedagogical workers the volume of the teaching load is determined by the Law of the Russian Federation "On Education" (clause 6 of article 55) and the Labor Code of the Russian Federation (as amended) (part 2 of article 333).

This means that when concluding an employment contract, a teacher or lecturer assumes the obligation to work with the agreed amount of study load, and the employer is obliged to provide them with the amount of study load provided for in the employment contract for the entire duration of the employment contract.

The teaching load is a quantitative mandatory component of the labor function of a teacher and teacher, therefore the volume of the teaching load refers to the mandatory conditions of the employment contract with the ensuing legal consequences (change only by agreement of the parties to the employment contract, except for the cases listed below).

If for some reason there is no employment contract with a teacher and a teacher in writing or it does not indicate the amount of teaching load, then it is considered that the teacher and teacher work with the amount of teaching load that they established by order of the head of the educational institution upon admission to work, and changing the workload in the current academic year or for a subsequent period at the initiative of the employer is allowed only in those cases specified in section IV of these Recommendations.

The recruitment of teachers, as well as teachers of educational institutions in which educational programs of primary and secondary vocational education are implemented, has salient feature, which lies in the fact that neither the model states previously used as exemplary ones, nor the independently approved staffing tables of institutions provide for standards for determining the number of teachers and lecturers of various subjects, specialties (courses, disciplines).

In each educational institution that provides training in general education programs, as well as in educational programs of primary and secondary vocational education, the number of teachers and lecturers is not established on the basis of the staffing table, as is the case when determining the number of employees, in any institution, including educational institutions when determining the number of employees of the administrative, economic, educational and auxiliary and service personnel, but based on the volume of the academic load in the subject (mathematics, history, Russian language and literature, geography, etc.), specialty, discipline, etc.

This feature is due to the fact that teachers and teachers are not set official salaries for the performance of labor (official) duties for a calendar month, but wage rates for a certain norm of hours of teaching work per week (per year), which are calculated values when determining their monthly (average monthly ) wages depending on the actual volume of the teaching load established by him. Based on this, the number of teachers and teachers with the same total number of teaching hours payable within the same wage fund may be different.

So, if in an educational institution the actual volume of teaching work of each teacher exceeds the norm of teaching hours established for one wage rate (18 hours per week, 720 hours per year, respectively), then in such educational institutions the number of these employees decreases. At the same time, if, with the same total number of hours according to the curriculum, the workload of each teacher and lecturer corresponds to the norm or is determined in the amount of less than the norm of teaching hours established by law for the wage rate, then their quantitative composition will increase.

Every year, at the beginning of the school year, by order of the head of the educational institution, in agreement with the elected body of the primary trade union organization, teachers and instructors, in the manner established by the regulatory legal acts of the Russian Federation, determine the volume of their teaching load, taking into account which the salary for teaching work is determined. Information about the salaries of teachers and instructors for teaching work, as well as other types of payments, are entered in the tariff lists.

When determining the scope of the teaching load of teachers and professors, the procedure and conditions for regulating the upper limits of the teaching load, set out in Section III of these Recommendations, should be taken into account.

III. Upper limit of teaching load

The possibility of limiting the upper limit of the teaching load of pedagogical workers, stipulated in the employment contract in accordance with Article 333 of the Labor Code of the Russian Federation, as well as paragraph 6 of Article 55 of the Law of the Russian Federation "On Education", can be established in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the federal executive body authorized by the Government of the Russian Federation.

It should be noted that the Model Regulation on educational institution does not provide for cases related to any restrictions when setting the teaching load for teachers, whereas, for example, in the Model Regulation on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of 07.18.2008 N 543, and in the Model Regulation on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation of July 14, 2008 N 521, it is determined that the teaching load for the academic year for teachers, stipulated in the employment contract, should not exceed 1440 academic hours.

It should be noted that the teaching load of 1440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the norm of teaching hours for one wage rate is 720 teaching hours per year.

It follows from this that the decisions of the bodies exercising management in the field of education, other executive authorities, providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers up to 1440 hours per year, are unlawful.

In accordance with subparagraph "h" of paragraph 2 of Resolution of the Ministry of Labor of Russia N 41, pedagogical work in the same educational institution in excess of the established norm of hours of pedagogical work for a wage rate is not part-time work. At the same time, no restrictions on such work have been established either, since, as noted above, cases where the teaching load can be limited by the upper limit are determined only by the relevant model provisions approved by the federal executive body authorized by the Government of the Russian Federation.

At the same time, the absence of a regulatory framework for establishing an upper limit on the teaching load that can be performed by teachers in the same educational institution, as well as the existence of an upper limit on the teaching load for teachers in the amount of 1440 hours per year, does not mean that a limit cannot be set. teaching load during the work of these teaching staff part-time in other educational institutions, since pedagogical work for these categories of workers in the same educational institution in accordance with subparagraph "h" of paragraph 2 of Resolution of the Ministry of Labor of Russia N 41 is not considered part-time work.

The regulation of part-time work, including teaching staff, is carried out by the Labor Code of the Russian Federation. So, according to, 284 of the Labor Code of the Russian Federation and the regulatory legal acts adopted in accordance with them, the duration of working hours should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time. Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.

For teachers, part-time working hours in another educational institution should not exceed 9 hours per week, and for teachers for whom the hours for the salary rate are set based on the number of hours of teaching work per year, 360 hours per year.

It should also be taken into account that the duration of part-time work provided for by paragraph seven of subparagraph "b" of paragraph 1 of the Decree of the Ministry of Labor of Russia N 41, which amounted to 16 hours a week for teachers, should not be applied, as contrary to Article 284 of the Labor Code of the Russian Federation as amended by the Federal Law of June 30. 2006 N 90-FZ.

IV. The procedure for establishing and changing the teaching load

a) Features of establishing and changing the teaching load of teachers

In accordance with paragraph 66 of the Model Regulations on a General Educational Institution, the volume of the teaching load of teachers is determined based on the number of hours according to the curriculum and curricula, staffing, other working conditions in this educational institution.

The study load, the volume of which is more or less than the norm of hours for the wage rate, is established only with the written consent of the employee.

The amount of study load established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the administration (employer), with the exception of cases of reducing the number of hours according to curricula and curricula, reducing the number of classes.

When establishing the teaching load for the new academic year for teachers for whom this general educational institution is the place of their main work, as a rule, its volume and continuity of subjects in the classes are preserved.

Preservation of the volume of the teaching load and its continuity among teachers of the final grades can be ensured by providing them with a teaching load in the classes in which the study of the subjects taught by these teachers for the first time begins.

According to established practice, determining the volume of the teaching load of teachers of general educational institutions, except for teachers of evening (shift) secondary general education schools(classes) with full-time and part-time education, correspondence schools, as well as teachers who conduct classes with children who are on long-term treatment in the hospital, are carried out once a year separately for half a year.

The workload of teachers of evening (shift) secondary general education schools (classes) with part-time education, as well as teachers teaching children who are on long-term treatment in a hospital, is determined twice a year by the beginning of the first and the beginning of the second academic semester.

The amount of study load established in the current academic year for the next academic year may be reduced at the initiative of the administration (employer), also only on grounds related to a decrease in the number of hours in curricula and curricula, a reduction in the number of classes.

In other cases, any temporary or permanent change (increase or decrease) for teachers in the volume of teaching load in comparison with the teaching load specified in the written form of the employment contract, or in comparison with the teaching load established by order of the head of the educational institution when hiring (if the labor for some reason, there is no written contract or it does not specify the amount of teaching load), as well as changing the nature of work is possible only by mutual agreement of the parties.

b) Features of establishing and changing the teaching load of teachers

In order to preserve for teachers of educational institutions implementing educational programs of primary and secondary vocational education, the stability of the legal regulation of the issues of establishing the teaching load, as well as calculating, depending on the actual volume of the teaching load, their wages, the features of establishing the teaching load of these teachers are enshrined in the Industry Agreement on Organizations , administered by 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 All-Russian Trade Union of Education on February 22, 2012 (Appendix 1).

The volume of the teaching load of teachers is established based on the number of hours according to the federal state educational standard, curriculum and programs, staffing, and other specific conditions in a given educational institution.

The right to distribute the teaching load is granted to the head of the educational institution, who is responsible for its reality and performance by each employee. The distribution of the teaching load is carried out taking into account the opinion of the body of the primary trade union organization.

The volume of the teaching load established for the teacher at the conclusion of the employment contract cannot be reduced without his consent at the initiative of the employer for the next academic year, except for cases of reducing the number of students (students) and hours according to curricula and programs.

The teaching load on general weekends and holidays not planned.

Teachers who are on annual leave after the start of the academic year (for example, in cases where work was carried out during the summer period in admission committee), the teaching load is set on the basis of its volume for the full academic year, taking into account which the average monthly salary is determined, with the subsequent application of the conditions for its reduction.

Before the beginning of the academic year, the average monthly salary of teachers is determined by multiplying the teacher's hourly rate by the volume of the annual teaching load set for him and dividing the resulting work by 10 academic months.

The hourly rate is determined by dividing the monthly wage rate by the average monthly teaching load (72 hours).

The established average monthly salary is paid to teachers for work during the entire academic year, as well as for the vacation period that does not coincide with annual leave (for example, from August 26 to 31, if the vacation was granted from July 1).

For teachers who are hired during the academic year, the average monthly salary is determined by multiplying their hourly rates by the amount of teaching load per number of full months of work until the end of the academic year, and dividing the product received by the number of these same months. Wages for part-time work in this case are paid for the actual number of hours at hourly rates.

Teachers who are employed before the start of the academic year are paid wages at the rate of the monthly wage rate established for the teacher.

With an increase in the wage rate, the average monthly wage is determined by multiplying the new hourly rate by the volume of the annual workload established at the beginning of the academic year during billing, and dividing the resulting work by 10 academic months.

Teaching hours given in excess of the established annual teaching load are paid additionally at hourly rates only after the teacher has completed the entire annual teaching load. This payment is made monthly or at the end of the school year.

Remuneration of teachers for the hours of training sessions performed when replacing temporarily absent employees due to illness and other reasons is made additionally at hourly rates on a monthly basis or at the end of the academic year, also only after the teacher has completed the entire annual teaching load established during billing.

If the substitution continues continuously for more than two months, then from the day it begins, the average salary of teachers is recalculated based on the specified amount of teaching load in the manner prescribed for teachers who have been hired during the academic year.

In the event that, in accordance with the current legislation, teachers are exempted from classes with the preservation of part or all of their wages (annual and additional holidays, training fees, business trips, etc.), in case of disability, maternity leave , as well as in the case of teachers being released from classes without pay, the volume of the annual teaching load set by them must be reduced by 1/10 part for each full month of absence from work and, based on the number of missed working days, for an incomplete month.

Reducing the load for the days when the teacher actually completed academic work(for example, on the day the sick leave is issued, on the day of departure on a business trip and arrival from it, etc.), is not performed.

If in an educational institution the educational process continues throughout the calendar year, and in connection with this, teachers can be granted annual leave in different months of the year, and not only during the period summer holidays, the decrease in the study load during the annual leave for the current academic year is also not carried out.

The average monthly salary established during the tariffing in all cases specified in this clause is not subject to reduction. The hours of teaching work performed by the teacher during the academic year in excess of the reduced workload are paid additionally at hourly rates, also only after the teacher has completed the entire annual teaching load. This payment is made monthly or at the end of the school year.

Teachers of institutions of secondary vocational education, who, for reasons beyond their control, during the academic year, the teaching load decreases compared to the teaching load established at the beginning of the academic year, until the end of the academic year, wages are paid in the amount established during the billing at the beginning of the academic year.

c) Grounds for and procedure for reducing the teaching load of teachers for the next academic year

As noted above, the volume of the teaching load of teachers and lecturers, established in the current academic year, for the next academic year can be reduced at the initiative of the employer only on the grounds related to a decrease in the number of hours for curricula and curricula, as well as a reduction in the number of classes ( groups), i.e. on grounds related to changes in organizational or technological working conditions, as established by Article 74 of the Labor Code of the Russian Federation.

Taking into account that the forthcoming changes in the terms of the employment contract determined by the parties, which are allowed without the consent of the employee, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months in advance, determining the volume of training for teachers and lecturers workloads for the new school year should be done before they go on vacation, so that they know what workload they will work with in the new school year.

If for the new academic year the teaching load is set for teachers and professors not at the end of the school year, but only after they leave their vacation, then if it is impossible to provide them with the previous amount of the teaching load for the above reasons, the employer must keep them the previously received amount of payment labor for at least two months (i.e., during the period for which he is obliged to warn the employee about a change in the workload).

In other cases, i.e. on grounds not related to the norms of Article 74 of the Labor Code of the Russian Federation, any temporary or permanent change (increase or decrease) for teachers and teachers in the volume of the teaching load in comparison with the teaching load specified in the written form of the employment contract, or in comparison with the teaching load established by order of the head of the educational institution when hiring (if for some reason there is no employment contract in writing or it does not indicate the amount of the study load), as well as changing the nature of the work is possible only by mutual agreement of the parties.

Thus, the heads of educational institutions do not have the right, without the written consent of teachers and teachers, to allow a reduction in their teaching load, for example, in connection with the hiring of other teachers and teachers, including part-time, or by redistributing the teaching load between them, or when providing teaching work to persons performing it in addition to their main work in the same educational institution (including heads, their deputies and other employees).

V. Establishing the teaching load for teachers and lecturers who are on parental leave until they reach the age of three

In accordance with Article 256 of the Labor Code of the Russian Federation, for the period of parental leave, the employee retains his/her place of work (position).

Since the performance of the labor function as a teacher and lecturer is characterized by the presence of a certain amount of teaching load established by him, then ensuring the preservation of the place of work (position) for the period of being on parental leave until he reaches the age of three years is possible only by establishing teachers and teachers on general on the basis of the amount of teaching load for the next academic year, which can then be transferred to other teachers and lecturers for the period the employees are on the corresponding vacation.

Providing teachers and lecturers with other pedagogical work (for example, teachers - work as an educator of an extended day group, a teacher additional education) instead of the previously existing workload in the academic subject (subjects), courses, academic disciplines, it is not an equivalent replacement, and also does not ensure compliance by the employer with the norms of Article 256 of the Labor Code of the Russian Federation.

VI. Establishing the teaching load for teachers and lecturers for a certain period

The teaching load for a certain period, including only for the academic year, can be established in the following cases:

- to fulfill the teaching load for the period when teachers and lecturers are on parental leave;

- to fulfill the teaching load of teachers and teachers who are absent due to illness and other reasons;

- to perform temporary teaching work that was previously performed by a permanent teacher or a teacher with whom the employment relationship has been terminated and in whose place the employer intends to invite another permanent employee. The temporary nature of the work will be indicated by the wording of the order that the teaching work in the appropriate volume is assigned to the employee for the period until the permanent employee accepts the teaching load for this volume.

At the same time, it must be taken into account that an increase in the teaching load for a teacher or teacher to replace a temporarily absent employee in connection with the changes made to the Labor Code of the Russian Federation by Federal Law of 06.30. employer. In accordance with Part 1 of Article 72.2 of the Labor Code of the Russian Federation, such a temporary transfer requires the consent of the employee and is formalized by a written agreement between the parties to the employment contract.
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See Official Documents in Education. - 2006. - N 27, 28. - Ed.

Thus, the provision that was previously in force in the Labor Code of the Russian Federation, according to which the employer could, without the consent of the employee for a period of up to one month "due to operational necessity", involve an employee to replace an absent employee, is currently limited only to cases caused by emergency circumstances, an exhaustive list of which specified in part 2 of article 72.2 of the Labor Code of the Russian Federation.

VII. The workload of teachers teaching children at home, as well as conducting physical education classes with students assigned to a special medical group for health reasons

When assigning to teachers of general educational institutions for which this educational institution is the place of their main work, the duties of teaching children at home in accordance with a medical report, as well as conducting physical education classes with students assigned to a special medical group for health reasons, teaching hours provided for these purposes are included in their teaching load on a general basis.

Reducing the teaching load of teachers engaged in this work, at the initiative of the employer, is possible only for the reasons established by paragraph 66 of the Model Regulation on a general educational institution, in compliance with the procedure and terms of warning provided for in Article 74 of the Labor Code of the Russian Federation.

The onset of a vacation period for children studying at home is not a reason to reduce the teaching load and salaries of teachers, including in cases where a medical certificate on homeschooling a child was issued only on May 31, since the issued certificate corresponds only to the end of the school year , which ends for all learners too.

In the event that a teacher who, in accordance with a medical report, teaches a child at home, the study load for reasons beyond his control decreases during the school year compared to the study load established during the billing (for example, the student is sent to a specialized institution or the term has not been extended). his homeschooling for the subsequent period), then such a teacher is subject to guarantees, about which will be discussed in Section IX of these Recommendations.

VIII. Guarantees for individual teachers who cannot be provided with a full teaching load

For teachers, in accordance with the order of the Ministry of Education and Science of Russia N 2075 (note 4 to the appendix approved by the specified order), the following guarantees are established.

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

- teachers of grades I-IV when transferring teaching lessons foreign language, music, visual arts And physical education specialist teachers;

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

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

- teachers of physical culture of rural general educational institutions, teachers of a foreign language of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.

For example, if in I-IV classes the transfer of teaching to specialist teachers of the number of hours provided by the curriculum for conducting foreign language, music, fine arts and physical education lessons led to a decrease in the teaching load of teachers primary school, and the remaining teaching load is less than 18 hours a week, then these teachers should be paid wages in the amount not lower than the monthly wage rate, provided that they are supplemented to the established norm of hours (i.e. up to 18 hours a week) by other pedagogical work.

In this case, additional work for teachers of grades I-IV with other pedagogical work is not connected with the application to them for this period of the conditions of payment and labor rationing established for the pedagogical work performed on account of additional work, since teachers are guaranteed payment in full of their own wage rate.

So, if the form of additional loading of primary school teachers to the established weekly norm of hours is pedagogical work in an extended day group ( Further- GPA), then in order to keep them the full wage rate established for the position of a teacher, this work should not exceed the number of hours per week, which is not enough for 18 hours, regardless of the rate for which the rate of hours of pedagogical work per week is set wages for GPA educators.

If, for example, for teachers of grades I-IV who do not teach certain subjects (from among the subjects listed above), the remaining volume of the teaching load per week is 14 hours, then the employer, in order to guarantee the payment of the salary rate to teachers in full, has the right load them with other pedagogical work only to the extent not exceeding 4 hours per week.

In the event that primary school teachers as an educator of the GPA (with their consent) will perform pedagogical work in excess of the number of hours necessary to complete them up to the established norm of hours per week for the wage rate, then the additional time worked by them as teacher of the GPA (i.e., in excess of 4 hours per week, which in the above example the teacher had to work without additional payment on account of the extra load until 18 hours) is subject to additional payment in the manner and under the conditions established for the GPA educator, bearing in mind that the salary rate of GPA educators is set for 30 hours per week.

If the school has not created the necessary material base for the teaching of the above subjects by specialist teachers or there are no such specialist teachers, and also in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, including with the appropriate extra pay for teaching hours exceeding 18 hours per week.

Transfer of teaching to primary school other subjects (for example, labor lessons) without the consent of teachers are not allowed, since the remuneration of primary school teachers in such cases will be carried out without taking into account the number of hours provided for this subject.

IX. Guarantees for teachers and professors in case of a decrease in the teaching load during the academic year

Teachers, as well as teachers of educational institutions that implement educational programs of secondary vocational education of a pedagogical orientation (with the exception of educational institutions of a pedagogical orientation that apply the norm of 720 hours of teaching work for a salary rate), for which, for reasons beyond their control, the teaching load decreases during the academic year in comparison with the teaching load established at the beginning of the academic year, until the end of the academic year, as well as during vacation time that does not coincide with the annual main extended paid leave, the following is paid:

- wages for the actual remaining number of teaching hours, if it exceeds the norm of teaching hours per week, established for the wage rate;

- wages in the amount of the monthly rate, if the volume of the teaching load before its reduction corresponded to the norm of teaching hours per week, established for the wage rate, and if they cannot be loaded with other pedagogical work;

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

Guarantees of preservation of salaries for teachers and lecturers in specified cases in fact, they mean that the employment contract cannot be terminated with these employees until the end of the academic year for any amount of the workload remaining after the decrease in the study load, even if it is completely absent.

Employees must be notified in writing of a reduction in the study load by the employer no later than two months in advance, during which the employee is paid wages in the same amount (despite the fact that the study load in the same volume will not be fulfilled in the period after notification).

A special level of guarantees with a decrease in the teaching load is provided for teachers of educational institutions implementing educational programs for primary vocational and secondary vocational education.

Paragraph 6 of the notes to the appendix, approved by order of the Ministry of Education and Science of Russia N 2075, establishes that teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education, for which, for reasons beyond their control, during the academic year, the study load decreases compared to the study load, established at the beginning of the academic year, until the end of the academic year, as well as during vacation time that does not coincide with the annual main extended paid leave, wages are paid in the amount established during the billing at the beginning of the academic year.

X. Participation of the elected body of the primary trade union organization in setting the teaching load for teachers and professors

The volume of the teaching load of teachers and teachers is the basis for determining the amount of remuneration for their work and is included as a necessary element in the system of remuneration of pedagogical workers.

In accordance with Article 135 of the Labor Code of the Russian Federation, local regulations establishing wage systems are adopted by the employer, taking into account the opinion of the representative body of workers, to which the primary trade union organization belongs.

Establishment of the teaching load for the new academic year is carried out by a local normative act of the educational institution (order, order), which is adopted taking into account the opinion (as agreed) of the elected body of the primary trade union organization.

The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting a local normative act defined by article 372 of the Labor Code of the Russian Federation, in accordance with which the employer, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements (when adopting, for example, a local regulatory act on establishing the volume of teaching load for teachers and lecturers, on which the size of their wages depends), before making a decision, sends the draft local normative act and the rationale for it to the elected body of the primary trade union organization, representing the interests of all or the majority of workers.

The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the elected body of the primary trade union organization of workers within three days after receiving the reasoned opinion in order to reach a mutually acceptable solution.

If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate the procedure of a collective labor dispute in the manner prescribed by the Labor Code of the Russian Federation.

Upon receipt of a complaint (application) from the elected body of the primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local regulatory act, which is mandatory for execution.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Official documents in education.
Bulletin of normative legal acts,
No. 23, August 2012

The end of the academic year in educational institutions is not only a joy in anticipation of the upcoming vacation, but also possible conflicts due to the distribution of the academic load for the next academic year. As a rule, teachers have questions when the number of teaching hours changes. Let's try to figure out what a teacher can count on when charging for the next academic year.

According to Art. 333 of the Labor Code of the Russian Federation, the procedure for determining the teaching load specified in the employment contract, as well as the grounds for changing it, are determined by the federal executive body authorized by the Government of the Russian Federation. In pursuance of this requirement of labor legislation, the Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 “On the duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers stipulated in the employment contract” was issued .

When charging for the new academic year, you must remember the following basic principles:

any changes in the teaching load are formalized in writing by additional agreements to the employment contract;
reducing the teaching load without the consent of the teacher is allowed only: a) when changing curricula and b) when reducing the number of students or classes;
in all other cases, a change in the teaching load is allowed only by agreement of the parties to the employment contract;
teachers for whom this educational institution is the main place of work and for whom the rate of 18 hours a week is set for a rate, the volume of workload is maintained and the continuity of teaching academic disciplines is ensured.

Consider typical situations that may arise when distributing the load for the new academic year.

Load increase

An increase in the teaching load is possible only by agreement between the teacher and the administration. Situations when it is possible to increase the teaching load without the consent of the teacher at the initiative of the administration are not provided for in Order No. 1601. It must be drawn up in writing in the form of an additional agreement to the employment contract. At the same time, you need to soberly assess your strengths, because if necessary, reduce the load, the consent of the employer will be required, since the agreement of the parties implies the consent of both parties to the employment contract.

At the same time, an arbitrary increase in the workload without the consent of the teacher is unacceptable, for example, in the event of the dismissal of another teacher and the need to redistribute the freed hours.

Load reduction

By general rule reducing the load for the new academic year is possible only by agreement of the parties. For teachers whose normalized part of the workload is 18 hours a week and for whom this school is the main place of work, there is an additional guarantee of maintaining the volume of the workload and the continuity of teaching subjects.

There are two situations where reducing the load is possible without the consent of the teacher:

reduction of hours for the curriculum;
reduction in the number of students or training classes.

The teacher must be notified of the upcoming reduction in the teaching load at least 2 months before the upcoming changes in writing, indicating the reasons for these changes. As mentioned above, there can be two reasons: changing curricula or reducing the number of classes. The fact that the administration hired a new teacher who needs to be given a teaching load does not apply to the reasons why the workload of this teacher is allowed to be reduced without his consent.

It is possible that a decrease in the workload of a specialist teacher is justified by the fact that part of the workload is allocated to him not according to the profile of the disciplines taught, and a teacher with a specialized education was taken for these subjects. For example, a teacher who graduated pedagogical university in the specialty "teacher of biology" conducts biology and geography. The administration hires a new geography teacher and gives him a geography watch under the pretext that the first teacher is a biology teacher by diploma, not geography. This situation is a violation of labor law.

Firstly, according to the requirements of the Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761 n “On Approval of the Unified Qualification Directory for the Positions of Managers, Specialists and Employees, Section “Qualification Characteristics of the Positions of Educational Workers”, the following qualification requirements are imposed on the position of a teacher: “higher vocational education or secondary vocational education in the field of study "Education and Pedagogy" or in the field corresponding to the subject taught, without presenting requirements for work experience, or higher vocational education or secondary vocational education and additional vocational education in the field of activity in an educational institution without presenting requirements for work experience " . That is, having a higher teacher education gives the right to conduct any academic subject. The fact that “according to the diploma” the teacher studied as a biology teacher does not mean that he does not meet the requirements for a geography teacher, since it is obligatory for a teacher to either have a pedagogical education (of any profile), or have a specialized education (in a subject), or any higher education with additional training in the profile of the subject being taught.

Secondly, as mentioned above, reducing the teaching load without the consent of the teacher is unacceptable. These actions of the employer are a violation of the Law and can be challenged.

Particular attention should be paid to the number of hours of teaching load that the teacher will receive after its reduction. If the number of hours is less than the norm for the rate, for example, 17 hours a week instead of 18 hours, then in this case, work in the current academic year will not be included in the length of service that gives the right to receive a superannuation pension.

Teachers of grades 1-4, when transferring the teaching of a foreign language, drawing physical education or music to a specialist teacher, should be provided with additional work to the rate of other types of pedagogical work (teaching in an extended day group, conducting circles or electives, etc.). Other subjects, such as labor lessons, can be transferred to other specialist teachers only with the consent of the teacher.

If, nevertheless, a decision is made to reduce the amount of the normalized part of the teacher's workload due to changes in curricula or the number of classes, then the school administration must fully comply with the rules of Article 74 of the Labor Code of the Russian Federation. In addition to 2 months in advance written notification of the teacher about the upcoming reduction in the teaching load, it is necessary to obtain the written consent of the teacher to continue working in the new conditions, and in case of refusal to offer another load available at the school. Violation of this procedure by the school administration can be appealed to the labor inspectorate or to the court.

Failure to comply with the two-month notice period for reducing the load

In this case, the administration will be obliged to pay the teacher's work for two months at the rate that was in effect at the time before notification. For example, the teacher was informed in writing about the reduction of the workload from 20 to 18 hours a week on August 28. Thus, the payment for the work of the teacher until October 28 will be carried out at the rate of 20 hours per week (although in fact he will work 18 hours per week). And only from October 29 it is possible to pay for labor at the new rate.

Distributing the workload of a teacher on parental leave

According to Order No. 1601, the workload of a teacher who is on parental leave until the age of three is determined according to general rules, and then distributed among other teaching staff. Therefore, when a teacher returns from parental leave, the workload must be retained for him to the extent that it was at the time of his leaving on leave.

Thus, the current legislation protects teachers from arbitrary changes in the teaching load for the new academic year by the administration of the educational institution. Any changes must be made with the consent of the teacher. Situations when load changes are permissible at the initiative of the administration are limited and the procedure for their application is strictly regulated.

Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 No. 1601 “On the duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract”

I. General provisions
1.5. The volume of the teaching load of teaching staff (with the exception of teaching staff replacing the positions of the teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of the change in the volume of the teaching load of teaching staff, specified in subparagraph 2.8.1 of Appendix N 1 to this order, in the direction of its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, students, groups, a reduction in the number of classes (set classes).

IV. Determination of the teaching load of teachers of organizations engaged in educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work for the salary rate of which is 720 hours per year, the grounds for its change
4.1. For teachers of organizations engaged in educational activities in educational programs of secondary vocational education, the norm of hours of study (teaching) work for the salary rate of which is 720 hours per year, the volume of the annual teaching load is determined based on 10 academic months.
The study load on weekends and non-working holidays is not planned.
4.2. For teachers who are on annual main extended paid leave and (or) annual additional paid leave after the beginning of the academic year, the teaching load is determined based on its volume for the full academic year, with the subsequent application of the conditions for its reduction, provided for in clause 4.4 of this Procedure.
4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.
4.4. In the case when the academic load in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to being on the annual main extended paid leave or on the annual additional paid leave, at training camps, on a business trip, due to temporary disability, a certain for him, the volume of the annual study load is subject to reduction by 1/10 part for each full month of absence from work and based on the number of missed working days for an incomplete month.
4.5. In the case of the actual performance by the teacher of educational (teaching) work on the day the certificate of incapacity for work is issued, on the day of departure on a business trip and the day of return from a business trip, the study load is not reduced.
4.6. The average monthly salary is paid monthly, regardless of the amount of teaching load performed by teachers in each month of the academic year, as well as during the holidays that do not coincide with the annual main extended paid leave and the annual additional paid leave.
4.7. Teachers of organizations that carry out educational activities in educational programs of secondary vocational education, applying the norm of hours of study (teaching) work of 720 hours per year for the wage rate, for which, for reasons beyond their control, the study load decreases during the academic year compared to the study load, established at the beginning of the academic year, or reduced on the grounds provided for in clause 4.4 of this Procedure, until the end of the academic year, as well as during the holidays that do not coincide with the annual main extended paid leave and annual additional paid leave, wages are paid in the amount established in the beginning of the school year.

Consult the guide educational institution with a request to reduce the load.

If in the middle of the school year the school administration changes the pedagogical workload of a teacher due to changes in the staffing table: is it necessary to warn this employee 2 months in advance about this? how to write the text of the order to change the teaching load in this case?

The load of a pedagogical worker is one of the conditions of the employment contract concluded with him. As interdependent with the concept of load, conditions on the mode of work and its payment can be distinguished. When the pedagogical load changes, the mode of work of the teacher and the conditions for remuneration of his work also change.

Changing the teacher's workload

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Pedagogical workers often face a change in the volume of the teaching load. In this material, we will consider, as an example of judicial practice, the need to notify the teacher and obtain consent to change the load.

Mandatory consent is required only when the load increases. This is indicated in clause 1.7 of the Procedure for determining the teaching load, approved by the Order of the Ministry of Education and Science of the Russian Federation No. 1601 of December 22, 2014. This paragraph establishes: “a temporary or permanent change (increase or decrease) in the volume of the teaching load of pedagogical workers in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changing the volume of the teaching load of pedagogical workers in the direction of its reduction.

When the workload decreases, it is not necessary to obtain the consent of the teacher, however, the employer is obliged to notify him no later than two months before the actual decrease in the workload (paragraph 1.8 of the Procedure).

For example, a senior lecturer at the institute filed a lawsuit to restore violated labor rights, compensate for moral damage and pay wages. The requirements are motivated by the fact that she was not paid for the processing of the completed pedagogical load. In addition, the employer unilaterally changed the norms of the audit workload on the basis of an order with which the plaintiff was not familiarized. The employer also failed to notify her in writing.

The decision of the court is motivated as follows. A change in the teaching load is not a significant change in working conditions and is allowed without the consent of the employee, since the volume of the load has been reduced. At the same time, the employer was obliged to notify the employee about the change in working conditions established by the employment contract at least 2 months in advance.

At the same time, the courts sometimes take the side of the teacher and are guided not only by the above Order, which does not oblige to obtain consent when the workload is reduced.

So, in the process of restoring the teaching load, reduced without the consent of the teacher of physical education, the court relied solely on the Labor Code. When considering the case, the court concluded that the norms of the teaching load underlie the remuneration of the teacher, therefore, changing the terms of the employment contract in this part is possible only with the consent of both parties to the contract.

By the decision of the Novgorod district court Novgorod region dated February 17, 2016 in case No. 2-559 / 16, actions to reduce the teaching load were declared illegal, the administration of the technical school was ordered to restore the previous load, as well as pay undercharged and unpaid wages and compensation for moral damage.

It is not uncommon for a teacher to express his disagreement with a change in the teaching load, but the school administration changes it anyway. In such cases, the court always takes the side of the teacher.

So, after receiving the 3rd group of disability, the deputy director of the school for educational work, combining this position with the rate of "teacher", the pedagogical load was changed without her consent. When familiarizing themselves with the order to change the teaching load, disagreement was expressed, an additional agreement to the employment contract was also not signed. When issuing the order and drawing up an additional agreement, the employer referred to the recommendations individual program rehabilitation, however, it does not imply the impossibility of work in the previous volume. To protect her rights, the citizen went to court.

By the decision of the Shakhty City Court Rostov region dated 05.09.2013 in case No. 2-2769/2013, the school director's order to change the teaching load was declared illegal and canceled, since it was issued in the absence of the consent of the employee himself.

The history teacher went to court to challenge the reduction of the teaching load without his consent. The school administration made a change in the teaching load in connection with the return of another history teacher from parental leave.

The court motivated its decision by the fact that another employee's vacation does not confirm the existence of changes in organizational working conditions, which would be the basis for the employer to change the terms of the employment contract determined by the parties.

Sometimes the school administration motivates a change in the teaching load of a teacher by objective reasons that are independent of its actions. Such situations are always considered individually, specific arguments are evaluated.

For example, a teacher of the Russian language and literature filed a lawsuit to declare the dismissal order illegal, reinstatement, recovery of wages for the time of forced absenteeism, compensation for non-pecuniary damage.

The demands were motivated by the fact that the school administration sent him a notice about the change in the teaching load and registration of this fact by an additional agreement to the employment contract. The notification also contained information that in case of disagreement with the change in the terms of the employment contract, it would be terminated. The plaintiff expressed his disagreement, as a result of which the employment contract was terminated at the initiative of the employer.

During the consideration of the case, the court concluded that the volume of the plaintiff's teaching load was reduced due to the school's transition to one-shift teaching of grades 5-11, as well as the distribution of study hours for three positions of teachers of Russian language and literature with the actual occupation of these rates by teachers. Thus, the employer's proposal to reduce the teaching load was due to objective reasons, changes in organizational working conditions and the impossibility of maintaining the previous terms of the employment contract, and in itself does not indicate a violation of the employee's rights. In addition, the plaintiff was informed of the forthcoming change in the organizational working conditions in advance and in a proper manner. Since the plaintiff did not agree to work under the changed conditions, the employer rightfully issued a dismissal order.

There are also reverse situations. The biology teacher filed a lawsuit demanding that the school principal's order “on pricing” be declared illegal in terms of reducing the plaintiff's teaching load. The claim is motivated by the fact that the plaintiff was notified of the reduction of hours in biology to 5 hours and the offer of 14 hours of biology at home. At the same time, the plaintiff's biology hours were redistributed to other teachers. The school administration justified its actions by reducing hours in the subject and billing. The notification about the decrease in the teaching load was sent after the actual decrease in the plaintiff's workload; no consent was received to change the workload.

By the decision of the Shebalinsky District Court of the Republic of Altai dated January 25, 2016. in case No. 2-3/2016, the order on “tarification” was declared illegal in the disputed part, the school was obliged to restore the violated right of the plaintiff in full.

In resolving the dispute, the court came to the following conclusions. According to the court, the head of the school does not have the right to arbitrarily, in violation of the principle of continuity in teaching subjects in classes, redistribute the teaching load among teachers in the absence of objective reasons. It also has no right to reduce the teaching load of the teacher, while simultaneously increasing the workload of other teachers, especially when a certain amount of the teaching load on the subject is released due to the dismissal of one of the teachers. In addition, the court emphasized that the collective agreement directly establishes the agreement with the trade union committee of the order to establish the volume of the teaching load, the evidence of which was not presented.

Civic Initiative

For free education and medicine

The new order of the Ministry of education on the load of teachers. Lawyer's comment

10th of March the Order of the Ministry of Education and Science of the Russian Federation No. 1601 “On the duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers stipulated in the employment contract” came into force. (The text is attached to the article). A similar order previously in force (No. 2075 dated 12/24/2010) has lost its force. We are publishing a commentary to the document prepared by the legal service of the independent trade union of education workers in Cherepovets.

The new normative act has a number of fundamental differences from the previous order.

The difference, which is already in the title, speaks of the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract. This means that the workload must be clearly stated in the employee's employment contract.

Pay attention to Appendix No. 2 "The procedure for determining the teaching load of teaching staff, specified in the employment contract."

There was no such application in the previous order.

Now the amount of teaching load at the beginning of the school year is determined here.

Clause 1.1: “The procedure for determining the teaching load of teaching staff, specified in the employment contract (hereinafter referred to as the Procedure), determines the rules for determining the teaching load of teaching staff, stipulated in the employment contract, the grounds for its change, cases of establishing the upper limit of the teaching load depending on the position and (or) specialties of pedagogical workers, taking into account the characteristics of their work. And in paragraph 1.4 we read: “The amount of teaching load established for a teacher is stipulated in an employment contract concluded by a teacher with an organization carrying out educational activities.”

Important! If the teacher's workload changes next year, then there must be an additional agreement to the employment contract on changing the workload, and, accordingly, it can be changed if the number of hours according to the curriculum has changed.

Pay attention to point 1.6, which states that the amount of study load established in the current academic year cannot be changed at the initiative of the employer for the next academic year.

Exceptions are indicated in a special paragraph of the application, and earlier they were listed in standard provisions. Now there are no standard provisions, and everything is inscribed in the general provision.

Point 1.7 is important, which says: “Temporary or permanent change (increase or decrease) in the teaching load of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changing the teaching load of teaching staff in the direction of his reduction provided for in paragraphs 1.5 and 1.6 of this Procedure ". That is, unilaterally, for example, at the initiative of the head, the workload cannot be reduced.

Also in clause 1.9 states that “local regulations of organizations engaged in educational activities on the issues of determining the teaching load of pedagogical workers engaged in educational (teaching) work, as well as its changes are accepted taking into account the opinion of the elected body of the primary trade union organization or other representative body of employees (if there is such a representative body).

In the previous order, such participation of trade unions was not stipulated, but now it is.

Point 2.3 is important: « When determining the teaching load for the new academic year for teachers and lecturers for whom the organization carrying out educational activities is the main place of work, its volume is maintained and the continuity of teaching subjects is ensured ... " The words “as a rule” were removed from this paragraph, and it became mandatory.

Much attention is paid to determining the teaching load of teachers of secondary and higher professional education, additional education. In principle, everything that was in the old order remained here.

Another innovation, which was not previously in the order. Position V speaks about “the peculiarities of determining the teaching load of pedagogical workers who are on parental leave until they reach the age of three years, as well as persons replacing the positions of pedagogical workers for a certain period, part-time or performing other work along with the work determined by the employment contract” . This provision clearly outlines what kind of workload is set, and how it is then distributed among other teachers. Previously, in the last order, this was not the case, and all the features were prescribed in separate local acts and standard provisions.

Section VI talks about determining the teaching load of teaching staff, referred to the teaching staff, and about the grounds for changing it. And in the last seventh position we are talking about the establishment of the upper limit of the teaching load of teaching staff. General education organizations are not mentioned here, only institutions of higher and secondary vocational education. A new moment is the definition of the upper limit of the teaching load for the teaching staff. It is established in the amount not exceeding 900 hours per academic year. You can do less, you can't go higher.

As for the hourly workload, basically the norms remained the same, as in the previous order, with the exception of the norm of hours for teachers of the Children's Art School and Children's Music School (there is now a single norm for them - 18 hours!).

There are also two new positions teacher-librarian and tutor, which determines the rate of hours per bet, this was not previously determined. Now it is clear: the duration of working time is 36 hours per week of pedagogical work, and teachers-librarians and tutors are assigned to this category.

Be careful and use this order to your advantage.

260 comments

Tell me what to do in a situation if the employment contract only states that the worker is assigned a workload of at least 18 hours (hours, no salary). And in the labor agreement on changing the terms of the contract, the validity period is indicated. For example, the load is set to 27 hours from 09/01/2013 to 08/31/2014. Thus, the employer avoids the obligation to maintain the workload of 27 hours for the next year, wants to reduce it, take another teacher, etc.

Most likely, you were given 27 hours for a year - more than 1 rate. And what will happen next year is unknown.

Hello! I work in college. In 2014, one of my colleagues left for maternity leave. In her place, another teacher was accepted, with whom an indefinite contract was concluded. From September 1, a colleague returns from maternity leave, but the teacher who replaced her also remains. Therefore, the load of all teachers of this academic discipline significantly reduced (to one rate). Employment contracts were concluded in the organization in 2009 without specifying the number of hours. Is it possible to challenge the decision of the administration or is it legal?

It is hardly possible to dispute anything here. A whole bet on a brother is nothing. It could be worse.

Hello! I work at a boarding school. A new director came in the spring. I did not pay for the June and August classroom guidance. We contacted him with a question. He said that we are not working with children at this time. A group of teachers had to apply to the GORONO with a letter. In hindsight, after 3 months, the director paid for the classroom guidance for both months (without recalculation for vacation pay). Now he summons the signatories to his office and threatens them with dismissal and "repressions". How to act?

Create a trade union independent of the director. Director for threats to the carpet in the prosecutor's office. Raise the issue of dismissal class teachers to parent meetings. Parents usually support class teachers. Let the director explain to the mothers why he wants to fire the main teacher of their children.

If the teacher is ready to work with a load of more than 2 rates, 36 hours, you can conclude a part-time employment contract with him. Outside of the main working hours, the employee has the right to carry out labor activity. Just do not forget that, in the time sheet, it is affixed as a teacher and as a part-time teacher, an application, an order for vacation, etc. similarly. Naturally, everywhere according to all orders in angiology.

Can a DSHI teacher have a ped. workload above 2 rates (i.e. more than 36 hours per week)? We have a rural school, there are few teachers, everyone is ready to work more than 36 hours. there are good results, we fit into the wage fund, even with savings, but the culture department requires a reduction in ped. load up to 36 hours, although the order does not issue this. What to do?

Tell me please, I have a load of 2 bets, in mine not work time I am under orders to attend unscheduled and non-school concerts. The director explains that my non-working time is only Sunday, because. we have a six-day working week, although according to the schedule I do not work either on Friday or Saturday, it also threatens with dismissal if I do not come to an event that has nothing to do with the work of the music school. Am I required to attend unscheduled activities outside of school during my off-duty period. I attend all the events, concerts that are in the plan of the school.

Your director violates labor laws. He may ask you for overtime, but not order. It's up to you to agree or not. And overtime must be paid double.

In our school, they don’t pay a teacher for a category, or rather, they pay everyone the same, even though you have been working for 30 years, or 2 years, if you have highest category or matching everyone pays the same. Is it legal?

Illegal. For the category must pay a surcharge separately. Let it be 100 rubles, but this amount should be reflected in the salary. The same applies to seniority bonuses. However, from the experience of complaints to our organization, I know that they often pay one thing: either for the category or for the length of service. You need to make a formal request to the principal of the school and to the department of education. Send us their response and we can advise you on how to get paid.

they refer to order No. 40 of the Ministry of Education of Moscow orally there is a formula for paying a teacher a student / hour and about no additional payment for a category and length of service.

Elena, verbally, this is about nothing. Get an official written response from them. Or refuse such an answer. Then a complaint to the prosecutor's office.

hello, if there are 3 people in my group, can the director fire me because I can’t recruit children? during working hours I am present at work but there are no children, what should I do?

and they don’t pay us extra, and many for combining English language groups when the second teacher is on sick leave, they say you still work your time, but after all, they pay for a student-hour

Good afternoon Please tell me, can a teacher of the College have a teaching load of more than 36 hours a week? If referring to the Labor Code of the Russian Federation Art. 333 the maximum study load should be no more than 36 hours per week. But according to the Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 N 1601, the workload of a College teacher does not consist of a weekly load, but of a rate, that is, no more than 1440 hours per year.

The labor code is higher than departmental orders. If the college administration does not follow the 36 hour rule, then it is illegal.

Hello! I work as a teacher of additional education in two places. On the main job 1.5 rates (internal combination), and on additional work 0.5 rates. The total load exceeds 2 rates. Contributions to the Pension Fund are made in accordance with the law. Can the Pension Fund refuse me anything or limit the accounting of wages when calculating a pension on the basis that I have exceeded the limit of the maximum allowable workload of a teacher? Answer me please.

Hello! I am an vocational teacher Do I have to be at work 36 hours a week? or when I finished my watch can I go home?
thanks for the answer.

Your working hours in accordance with
your study schedule. The concept of an irregular part of the working day is absent in labor legislation. Therefore, they cannot force you to work after school, since there is no norm to artificially increase your working time.

Hello! I work as a music director in an educational complex in the preschool department. Until February 15, I had a load of 1 rate, i.e. 4 groups. In February, another group opened, but they refuse to pay me for it, because. it is allegedly included in my main rate. I referred to the law “On the length of working hours ...” dated December 24, 2010, number 2075, to which I received an answer that the school itself determines what and how to pay. They still do not pay me for the title "Honorary general education worker»Is the school's actions lawful?

Good afternoon In order to answer your question, you must first determine the legal status of your school and look at its charter. Write to me and let me know what school goes speech. Our correspondence will remain confidential.

Hello! I am a continuing education teacher. Tell me, am I entitled to 36 teaching hours per week and under what law, if so? Thank you!

According to the order of the Ministry of Education No. 1601, the norm of pedagogical hours for the position of a teacher of additional education is 18 hours. The order generally provides guarantees against reducing the workload below 18 hours for a full-time teacher. As for the increase to 36 hours, that is, work for a double rate, then you need to look at the specifics of your institution. Write to me in more detail at Order link http://rg.ru/2015/03/11/chasy-dok.html

Hello! All PDOs of our center are required to recruit at 27:00, referring to some order of our district, which no one has seen. Is this legal and where should I go to find out the circumstances? Thank you!

Good afternoon Explain, are you forced to dial hours in excess of the rate of 18 hours, or, on the contrary, cut hours to 27?

Hello. The head of the department in a professional educational organization (college) conducts a pedagogical load on the terms of internal part-time work (no more than 360 hours per academic year). The administration planned his teaching load for the 2016-2017 academic year to a lesser extent than in the 2015-2016 academic year, arguing that full-time teachers should be provided with the teaching load first of all. Is the administration right? What regulation can you rely on?

Hello! I am a SPO (college) employee. At a recent meeting, all employees were announced that due to new changes in the professional standard, class management will be mandatory for the teacher of secondary vocational education from 07/01/2016. I would like to know if there really is such a change in the professional standard, is it legal to impose supervision of a ped on an employee And do I have the right to refuse class management under the current legislation?

Hello! I am a SPO teacher. This academic year, I got a “rereading”, i.e. I gave out more than 1440 hours. I was not paid for the exams, they say that they will pay with incentives in September. In addition, they said that vacation pay would be calculated at the rate of 1440 hours, and the rest was not included there. I am not offered to conclude additional. agreement for more hours. The billing does not include consultations and does not pay for them in any way, exams, methodological guidance. Please tell me what our administration is violating and how I should be in this situation.

Hello! I am a school teacher Subject - chemistry (middle and high school) The contract is drawn up for a load of 18 hours. In the current year, the load is 23 hours under an additional agreement, i.e. 5 additional hours The following year they are persuaded to sign a preliminary load of 18 hours, but 4 hours of them with homeschooled students Is this eligible? After all, "individuals" during the year can leave the school and then the load decreases. Do they have the right to fire teachers if they disagree.

Hello! I work as a primary school teacher according to adapted programs, in the past academic year I had a workload: 18 teaching hours and 0.5 of the rate of a GPD teacher. Yesterday, the principal of the school gathered the teaching staff and informed everyone (against signature, orally) about the changes for the next academic year, which were prepared by the Ministry of Science and Education of the Republic of Khakassia. The essence of the changes is as follows: there may or may not be a stimulus fund for payment; the maximum pedagogical load should not exceed 22 hours; and internal part-time employment is prohibited. Thus, many teachers, incl. and I stay only with a load of 18 hours, i.e. rate and all. Is this decision legal? The uncertainty with incentive payments is outraged, and they won’t give part-time jobs, how to survive then?

The decision is correct. If you want to achieve an increase in wages, then you need to create a trade union and enter into a collective labor dispute with the employer.

The trade union, that is, there is no result from the work of trade unions. Even the loud situation in the republic in the winter regarding the abolition of incentive payments was beyond the power of the trade unions, and now even more so they will not be able to influence anything.

Should a change in the teacher's workload be formalized by an additional agreement?

How often can additional agreements be concluded with teachers in connection with changes in their workload: do you need to conclude an additional agreement for each change, or can you simply make changes by ordering the school “On changing the load” without concluding an additional agreement? The problem is that a teacher's workload can change every month.

According to Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties is allowed only by agreement of the parties to the employment contract, which is concluded in writing.

The Labor Code of the Russian Federation does not establish restrictions on the number of additional agreements concluded.

Order On the Load of Teaching Workers Sample

Establishment of the teaching load

Is it necessary to indicate the volume of the teaching load of a teacher in an employment contract with him? Is the head of an educational institution entitled to change the volume of his teaching load without the consent of the employee?

Yes, fixing the volume of teaching load (pedagogical work) in the employment contract is a prerequisite for its conclusion. In this case, the employee assumes the obligation to work with the agreed volume, and the employer is obliged to provide him with this volume for the entire duration of the employment contract.

If the employment contract for some reason is not drawn up in writing or it does not indicate the amount of teaching load (pedagogical work), then it is considered that the teacher or educator works with the amount that is established by order of the head of the school or kindergarten when they are admitted to work.

The volume of the teaching load (pedagogical work) is established based on the number of hours according to the curricula and programs, the provision of the educational institution with personnel and other working conditions. According to established practice, it is determined with the following frequency:

For teachers of evening (shift) secondary general education schools (classes) with part-time education, correspondence schools, as well as teachers who teach children who are on long-term treatment in the hospital - twice a year before the start of the first and second half of the year.
For teachers of other general education institutions - once a year before the start of the academic year. At the same time, depending on the number of hours provided for by the curriculum, the workload may be different in the first and second academic semesters.

The study load (pedagogical work), the volume of which is more or less than the norm of hours for the wage rate, is established only with the written consent of the employee.

The amount of study load established at the beginning of the academic year cannot be reduced at the initiative of the employer during the academic year, as well as when distributing it to the next academic year, except in cases of reducing the number of hours for curricula and programs, reducing the number of classes.

Teachers, for whom the school is the main place of work, when distributing the teaching load, as a rule, the continuity of teaching subjects in the classroom is preserved. For this purpose, teachers of the graduating classes are provided with a workload in the classes where the study of this subject first begins.

Hiring other teachers or providing teaching load to persons who will perform it in addition to their main work cannot serve as a basis for redistributing the teaching load of teachers of an educational institution.

The volume of educational (pedagogical) workload of employees is the basis for determining the amount of remuneration for their work. Therefore, its distribution for the new academic year is fixed in the local regulatory act of the educational institution (order or instruction), adopted taking into account the opinion of the elected body of the primary trade union organization. Such an opinion is taken into account in the following order:

The employer, in cases provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, before making a decision, sends a draft local regulatory act and justification for it to the elected body of the primary trade union organization, representing the interests of all or most employees.
The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.
If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may, within three days after receiving the reasoned opinion, conduct additional consultations with the elected body of the primary trade union organization in order to reach a mutually acceptable solution.
If no agreement is reached on any issue, disagreements are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate the procedure of a collective labor dispute in the manner prescribed by labor legislation.
Upon receipt of a complaint (application) from the elected body of the primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local regulatory act, which is mandatory for execution.

During the academic year, the volume of the educational (pedagogical) load or the nature of the work may change by mutual agreement of the parties. Changes are formalized by order of the head of the educational institution.

The maximum amount of teaching load for school teachers (with the exception of cases of their part-time work in other educational institutions) is not provided for by the legislation of the Russian Federation.

Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 333, 372
Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1 (as amended on June 17, 2010). P. 6 Art. 55
Decree of the Government of the Russian Federation of April 3, 2003 No. 191 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions”
Model regulation on a general education institution, approved. Decree of the Government of the Russian Federation of March 19, 2001 No. 196 (as amended on March 10, 2009). P. 66

Does the legislation provide for any guarantees for teachers who cannot be provided with a full teaching load?

Yes, teachers who cannot be provided with a full teaching load are guaranteed payment of the wage rate in full, provided that they are supplemented to the established norm by other pedagogical work. This warranty is provided:

Teachers of grades 1-4 when transferring the teaching of foreign language, music, fine arts and physical education lessons to specialist teachers.
Teachers of grades 1-4 of rural schools with a non-Russian language of instruction, who do not have sufficient training to conduct Russian language lessons.
Teachers of the Russian language in rural primary schools with a non-Russian language of instruction.
Teachers of physical culture in rural schools, teachers of a foreign language in schools located in the villages of logging and rafting enterprises and chemical forestry enterprises.

If the transfer of hours provided by the curriculum for teaching classes in 1-4 grades in music, visual arts or physical education has led to a decrease in the teaching load of teachers, and the remaining teaching load is less than 20 hours per week, then these teachers should be paid wages in the amount not lower than the monthly wage rate, provided that they are supplemented to the established norm of hours by other pedagogical work. Here is a possible wording of the corresponding order of the head of the educational institution.

In accordance with the Decree of the Government of the Russian Federation of 03.04.2003 No. 191 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers”

To transfer the teaching of physical education lessons in the 2 "B" class in the amount of 2 hours per week to the teacher V.A. Petrov with his consent.
Load the teacher 2 "B" class N.S. Ivanov in exchange for the transferred physical education lessons to the teacher V.A. Petrov with pedagogical work on conducting individual lessons at home with a student of class 2 "B" Alexei Mikhailov in the amount of 2 hours per week while maintaining the payment of the wage rate in full.
For hours of pedagogical work on individual learning at home, produce N.S. Ivanov's wages increased by 20%.

If the educational institution has not created the necessary material base for teaching music, fine arts or physical education by specialist teachers or there are no such teachers, and also in cases where this is impractical for other reasons, primary school teachers have the right to teach these subjects themselves, including .with appropriate additional pay for teaching in excess of 20 hours per week.

The transfer of teaching in the primary grades of other subjects (for example, labor lessons) without the consent of teachers is not allowed.

The legislation also provides guarantees for teachers who, for reasons beyond their control, have a reduced teaching load during the school year. In this case, until the end of the academic year, they are paid wages:

For the actual number of hours worked, if the remaining load is higher than the established norm for the rate.
In the amount of the rate, if the remaining workload is below the established norm for the rate (if it is impossible to supplement them with other pedagogical work).
In the amount established before the decrease in the teaching load, if it was initially below the norm for the rate (if it was impossible to supplement them with other pedagogical work).

Guarantees of maintaining wages actually mean that before the end of the academic year, the employment contract cannot be terminated with the specified employees with any amount of the remaining study load, and even if it is completely absent.

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Reply from 09/20/2013 01:26

The main regulatory document regulating labor relations, including the norm of working hours, is the Labor Code of the Russian Federation, which establishes that the norm of working hours at enterprises, institutions, organizations cannot exceed 40 hours per week. Pedagogical workers are subject to the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” (as amended and supplemented), which establishes in Article 55 a reduced working week - no more than 36 hours. Depending on the position and (or) specialty, for pedagogical workers of educational institutions, taking into account the characteristics of their work, the length of working hours, as well as the minimum duration of annual paid leave, are established by the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation. There is also a sectoral list of positions for workers with irregular working hours. Such a list was approved by the Minister of Education of the USSR on April 17, 1968, with amendments and additions. The same issues are regulated by the Model Regulations on all types of educational institutions, approved by decrees of the Government of the Russian Federation. So, for example, the Model Regulations on a general education institution, approved by Decree of the Government of the Russian Federation of August 31, 1994 No. 1008, in paragraph 66 determines the procedure for establishing the volume of teaching load (volume of pedagogical work) of a teacher. General requirements legislation are specified in the local acts of each educational institution: the Charter, internal labor regulations, as well as in the job description and the employment contract. It is in these documents that the peculiarities of the length of working hours of pedagogical workers can and should be reflected. The charter of an educational institution, in accordance with the requirements of Article 13 of the Law of the Russian Federation "On Education", without fail contains a section on the procedure for recruiting employees of an educational institution and the conditions for remuneration for their work. Here, the working hours of teachers are also mandatory. This issue should be reflected in more detail in the internal labor regulations adopted in each institution in accordance with Article 189 of the Labor Code of the Russian Federation on the basis of the Model internal labor regulations approved by order of the USSR Ministry of Education of December 23, 1985 No. 223 “On approval of the internal labor regulations for employees of general education schools of the system of the Ministry of Education of the USSR. The employment contract and job description of the employee are designed to specify general concepts, rules, individually apply them to a particular employee. The following issues must necessarily be reflected in the employment contract: what working time applies to this employee (full, reduced, part-time), what mode of work (shift, start and end, etc.), days off and other issues are established in accordance with article 57 of the Labor Code of the Russian Federation. In connection with the need for changes in the organization of labor, it is allowed to change the existing working conditions while continuing to work in the same specialty, qualification or position. In this case, the mode of operation (working hours) of the employee may also be changed in accordance with Article 73 of the Labor Code of the Russian Federation. The administration is obliged to notify the employee about this 2 months in advance, as this refers to a change in essential working conditions, and only not earlier than 2 months after the warning to introduce new conditions. If the employee refuses to work under the new conditions, the employment contract with him is terminated on the grounds of paragraph 7 of Article 77 of the Labor Code of the Russian Federation. Particular attention should be paid to both managers and teachers that both the employment contract (contract), and the job description, and the order to change the essential working conditions must be presented to the employee for signature. The absence of the signature of the employee or the act of his refusal to sign entails the invalidity of these documents. It should also be kept in mind. that changes in the essential terms of the employment contract cannot be introduced that worsen the position of the employee in comparison with the terms of the collective contract, agreement.

2. WHAT IS A TEACHER'S WORKING TIME?

The working time of pedagogical workers is considered to be a part of the calendar time (certain days and hours), during which the employees, according to the schedule, schedule schedule, developed in accordance with statutory the norm of the duration of work, must perform the assigned work. The working time of a pedagogical worker consists of the volume of the teaching load (the volume of pedagogical work), which is established based on the number of hours according to the curriculum and programs, as well as the time spent on extra work(checking notebooks, classroom guidance, etc.). Working time also includes the employment of teachers in meetings pedagogical councils, methodological associations, etc. The internal labor regulations for employees of general education schools of the system of the Ministry of Education of the USSR (Order of the Ministry of Education of the USSR of December 23, 1985 No. 223) in p.p. 31. 32 provides for how much time and how often a teacher should spend on a teachers' council, on parent meetings, etc. For example. classes of intra-school methodological associations of students and educators are held no more than twice a academic quarter and in duration, as a rule, should not be more than 2 hours. In general, the total working time of a teacher should not exceed 36 hours per week. The duration of a teacher's stay in an educational institution and the work schedule (including the number of working days per week) should be set individually and regulated by the internal labor regulations. In doing so, it must be taken into account that The teacher's working time consists not only of billed hours, but also of hours of work for which additional payments and allowances are established (classroom guidance, work in methodological associations, office management, etc.). and the time that, according to the rules of the internal labor schedule, should be used for meetings of teachers' councils and methodological associations, parent and student meetings, etc. All these periods of time constitute the teacher's working time, which, in accordance with Article 55 of the Law of the Russian Federation "On Education" cannot exceed 36 hours.

3. HOW LONG WORKING HOURS PER TEACHER'S STATE?

Salary rates are assigned: for 3 hours of pedagogical work per day (18 hours per week) for subject teachers 5-1 of the 1st grade of schools and boarding schools of all types and names, colleges, lyceums, gymnasiums, etc. 2-3 grades of special schools for children and adolescents who need special conditions for education; leaders of circles, teachers of additional education; for 20 hours for primary school teachers and boarding schools, speech therapists, speech pathologists of all classes of schools and boarding schools of all types and names, heads of speech therapy centers; for 24 hours to teachers-defectologists of hearing rooms, accompanists, accompanists and cultural organizers, music directors; for 36 hours for psychologists, social pedagogues, organizing teachers, dormitory educators, industrial training masters, labor instructors, physical education managers, life safety fundamentals teachers, kindergarten educators and educators-methodologists, senior counselors: for 25 hours for educators of special correctional educational institutions (groups) for children and adolescents with developmental disabilities (deficiencies in physical or mental development), with a delay mental development; for 30 hours to senior educators, educators of boarding schools, schools and orphanages of all types and names, health care institutions. educational and labor colonies, institutions of primary vocational education for adolescents with deviant behavior. physical education instructors.

4. WHAT SHOULD A TEACHER DO IN HOLIDAYS?

The periods of school holidays, if they do not coincide with the employee's next vacation, are ordinary working days for him, during which he can perform organizational work, prepare for learning process, registration of the office within the academic load that was set for him before the start of the vacation according to the billing.

5. IS THERE A MINIMUM AND MAXIMUM WORKLOAD?

The minimum volume of pedagogical work, which is subject to offset in the pedagogy for calculating wages at the main place of work, has not been established. At the same time, a number of categories of pedagogical workers have a lower limit of the load for calculating the teaching experience for length of service, which gives the right to a pension for length of service in connection with pedagogical activity in schools and other institutions for children. In order to be credited to the pedstazh of the time of part-time pedagogical work, it is necessary that its volume in the academic year be at least 180 hours. At the same time, only those months are subject to offset in the teaching experience. in which this work was carried out. The upper limit of the teaching load of a teacher in one school, in accordance with paragraph 6 of Article 55 of the Law of the Russian Federation "On Education", can be established by the Model Regulations on an educational institution of the appropriate type and type. However, the Model Regulation on a general educational institution does not establish the so-called upper limit of the teaching load. According to clause 66 of the said Model Regulations, the volume of the teaching load (the volume of pedagogical work) is established based on the number of hours according to the curriculum, programs, staffing, and other specific conditions in this educational institution. the federal law“On Education” (clause 6 of article 55) provides that the volume of the teaching load is stipulated in the employment contract (contract). This means that when concluding a written labor contract (contract), the employee assumes the obligation to work with the teaching load established for him, and the administration (for the entire duration of the labor contract (contract) is obliged to provide the teacher with the amount of teaching load stipulated in the contract. The volume originally stipulated in the contract the study load can be changed by the parties in the future (with the consent of the employee and the administration), which should be reflected in the contract by making appropriate changes to it.