Can a teacher-organizer, social pedagogue, deputy director conduct lessons during their main hours? Appendix. Regulations on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions
Can a teacher-organizer, social pedagogue, deputy director conduct lessons during their main hours? If so, how many hours is the maximum? What is the rationale for this? What additional make this an agreement? Combination or part-time work is the following combination of workload / positions of teachers / teachers: a. Teacher-organizer (0.5 rate, 18 hours) over his time conducts another 9 hours of additional education in the same institution (teacher of additional education) b. The educator of the extended day group (30 hours, 1 rate) in addition leads in the same institution another 6 hours of additional education - additional teacher. education c. social pedagogue (1 st, 36 h) - supervises Russian language lessons d. deputy director (1 st, 40 h) - lessons e. teacher conducts lessons, supervises the school component, supervises PDO (teacher of additional education) f. teacher primary school teaches 2 hours in an extended day group? All of them are charged in this way from 09/01/13.
Answer
Answer to the question:1. Can the teacher-organizer, social teacher, deputy director conduct lessons during their main hours? If so, how many hours is the maximum? What is the rationale for this? What additional make this an agreement? Yes they can. According to paragraphs. "c", "e" and "g" p. 2 of the Decree of the Ministry of Labor of the Russian Federation of 06/30/2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and workers of culture" for pedagogical workers are not considered part-time jobs and do not require a conclusion (registration) employment contract the following types of work: - pedagogical work on the terms of hourly payment in the amount notmore than 300 hours per year;- pedagogical work in the same primary or secondary institution vocational education, in a preschool educational institution, in an educational institution general education, an institution of additional education for children and other children's institution with additional payment; - teaching work of managers and other employees educational institutions. When performing work that is not part-time, it is not necessary to conclude a separate employment contract. It is enough to conclude an additional agreement to the employment contract for the main job that the employee assumes the obligation, along with the labor function stipulated by the employment contract, to perform additional work. The agreement should specify the specific type of work, its scope, deadline, and payment terms.(According to the rules for combining article 60.2 of the Labor Code of the Russian Federation)
An expert shares important information about adoption of local regulations in the material at the link.
Answer to the question:2. A combination or part-time job is the following combination of workload / positions of teachers / teachers: a. The teacher-organizer (0.5 rate, 18 hours) over his time conducts another 9 hours of additional education in the same institution (teacher of additional education) b. The educator of the extended day group (30 hours, 1 rate) in addition leads in the same institution another 6 hours of additional education - additional teacher. education c. social pedagogue (1 st, 36 h) - supervises Russian language lessons d. deputy director (1 st, 40 h) - lessons e. teacher conducts lessons, supervises the school component, supervises PDO (additional education teacher) f. primary school teacher 2 hours in an extended day group? All of them are thus charged from 09/01/13 Part-time work is work that is carried out by the employee in his spare time from his main job. If the employee first works out his full norm of time, and then performs additional work, then this is part-time work. If additional work is carried out during the working day of the employee, then, as noted above, the specified additional work of pedagogical workers is not considered part-time, its performance can be formalized as a combination of professions (positions).
Will it be correct that the entire workload of a teacher (hours by position, lessons, PDO, school component), the amount of which fits into 36 hours, is a combination, and everything in excess is part-time? If yes, in what normative documents is it indicated?
Yes, right.
When combining professions, the employee is engaged in additional work during his normal working day, i.e. during the duration of working hours established for him (Article 60.2 of the Labor Code of the Russian Federation)
In case of internal part-time work, the employee performs additional work in his spare time from his main job (Article 60.1, Part 1, Article 282 of the Labor Code of the Russian Federation), i.e. outside the established working hours. For this, the employer concludes a separate employment contract with the employee.
You can learn more about how to arrange a combination of professions (positions) from clause 3 of the Appendix to this answer.
More details in the materials of the System:
1. Legal basis:
MINISTRY OF LABOR AND SOCIAL DEVELOPMENT
RUSSIAN FEDERATION
RESOLUTION
ABOUT THE PECULIARITIES OF PART-TIME WORK
PEDAGOGICAL, MEDICAL, PHARMACEUTICAL
WORKERS AND WORKERS OF CULTURE
According to article 282 Labor Code Russian Federation(Sobranie zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, part I, art. 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers" (Collection legislation of the Russian Federation, 2003, N 15, item 1368) The Ministry of Labor and Social Development of the Russian Federation, in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, decides:
1. Establish the following features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers:
a) these categories of employees have the right to carry out part-time work - the performance of other regular paid work on the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases when a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by the regulatory legal acts of the Russian Federation);
b) the duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:
for medical and pharmaceutical workers - half of the monthly norm of working time, calculated from the established duration working week;
for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;
for doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by the bodies state power subjects of the Russian Federation or local authorities;
for junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;
for pedagogical workers (including trainers-teachers, trainers) - half of the monthly norm of working hours, calculated from the established duration of the working week;
for pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week;
for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week;
c) the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel in the main work time with preservation wages at the main place of work.
2. For the categories of workers specified in paragraph 1 of this Decree, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:
a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;
b) medical, technical, accounting and other expertise with a one-time payment;
c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;
d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;
g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty medical workers in excess of the monthly norm of working time according to the schedule, etc.;
h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.
The performance of the work specified in subparagraphs "b" - "h" is allowed during the main working hours with the consent of the employer.
3. Recognize as invalid the clarification of the Ministry of Labor of Russia of November 25, 1993 N 14 "On holidays for part-time workers" and the Decree of the Ministry of Labor of Russia of November 25, 1993 N 173 "On approval of the explanation "On holidays for part-time workers" (registered with the Ministry of Justice Russia December 1, 1993, registration N 415).
labor and social development
Russian Federation
A.P.POCHINOK
2. Answer: What kind of work of pedagogical workers are not part-time jobs
There are types of work of pedagogical workers that are not part-time jobs (,). The list of such works is given in the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41.
The performance of these types of work is allowed during the main working hours with the consent of the employer.
When performing work that is not part-time, it is not necessary to conclude a separate employment contract. It is enough to conclude an additional agreement to the employment contract for the main job that the employee assumes the obligation, along with the labor function stipulated by the employment contract, to perform additional work. The agreement should specify the specific type of work, its scope, deadline, and payment terms.
Implementation of such additional work may be prematurely terminated at the initiative of any of the parties to the employment contract: both the employee and the employer. The party interested in terminating additional work is obliged to notify the other party in writing at least three days in advance. After the expiration of the specified period, the additional payment for the performance of additional work is not accrued, and the employee is relieved of the obligation to perform additional work. This procedure follows from the provisions of the Labor Code of the Russian Federation.
Alexander Zavgorodny
Associate Professor, PhD in Law, Associate Professor of the Department labor law Faculty of Law, St. Petersburg State University
3. Answer: How to arrange a combination of professions (positions)
the employee will perform both the main and his additional work within the established working hours (usually eight hours a day) (otherwise it will be).
The choice of option depends on the nature of the additional work and on the regularity with which the employee must perform it. If an employee has to do a new job for him for a certain time, then it is better to arrange an internal part-time job or a combination of professions (positions).
With internal part-time work, the employee performs additional work in his spare time from his main job (and the Labor Code of the Russian Federation). For this employer ().
When combining professions, the employee is engaged in additional work during his normal working day. At the same time, additional work is paid and is possible only with written consent employee. Such rules are established in Article 60.2 of the Labor Code of the Russian Federation.
The expansion of service areas and an increase in the volume of work performed is understood as the performance, along with one's main job, stipulated by an employment contract, of an additional amount of work in the same profession or position ().
At the same time, the assignment to the employee of additional work for additional payment shall be signed by the employee and the employer additional agreement to an employment contract, which will determine both the content and volume, and the term of future work, as well as additional payment for its implementation (Art. , Labor Code of the Russian Federation).
On the basis of an additional agreement to the employment contract, issue an order (in any form) to entrust the employee with the relevant work and establish additional pay. Send a copy of the order to the accounting department for the calculation and payment of additional payments to the employee.
It should also be remembered that information on combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without exemption from work specified in the employment contract is not included in work book employee and his personal card (, p., Rules, approved, Instructions, approved).
Restriction on positions when combining
An employee cannot combine positions (professions) of the same name. Combining means additional work in another profession or position. This combination of professions (positions) differs from the temporary performance of the duties of an absent employee. In the temporary performance of duties, an employee can perform duties both for the same name and for different positions(professions). This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation.
Situation: Can an employee combine more than two positions in the same organization
Yes maybe.
There are no restrictions in labor legislation on the number of positions that the same employee can hold ().
The only exception is provided for the head of the organization: he should not be a member of the bodies exercising the functions of control and supervision in this organization. That is, the head cannot simultaneously be its auditor, auditor, etc. This procedure is provided for in Article 276 of the Labor Code of the Russian Federation.
The rest of the employees have the right to combine more than two positions in the same organization.
Situation: Is it possible for a part-time worker to set work in combination mode
In addition, in some cases, a ban on combining certain positions has been established. For instance, general manager who works part-time in an organization can combine the position of chief accountant in the same organization. But he will not be able to combine the position of auditor or auditor, as he will
Early termination of the combination
The employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule. The employee must be notified of the early termination of work in the combination of professions (positions) mode no later than three working days in advance. If an employee wants to prematurely refuse to perform additional work, he must also notify the employer in writing of this three working days in advance. This procedure is provided for in Article 60.2 of the Labor Code of the Russian Federation.
Ivan Shklovets
Deputy Head Federal Service for work and employment
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The commented article regulates labor relations in the field of education. It should be noted that it should be used in conjunction with Ch. 52 of the Labor Code of the Russian Federation "Features of the regulation of the work of pedagogical workers." The appearance of this chapter in the new Labor Code is an innovation; previously, the work of teachers was not considered as a special subject legal regulation. Specificity and social significance pedagogical work determine the need to establish special legal norms governing it.
Labor relations have a specific subject composition. So, according to paragraph 1 of the commented article on general rule for teaching staff, the employer is the relevant educational institution.
An exception to this rule is the heads of educational institutions, since from the meaning of Art. 273 of the Labor Code of the Russian Federation it follows that their employer is directly the founder (founders) of the educational institution. The position of the head of an educational institution has another peculiarity. He has a dual position in labor relations, on the one hand he himself is an employee, and on the other hand he is a representative of the employer.
The current legislation imposes special requirements for employees of educational institutions. Thus, persons with an educational qualification, which is determined in the manner prescribed by the model provisions on educational institutions of the corresponding types and kinds, approved by the Government of the Russian Federation. Persons to whom this activity is prohibited by a court verdict or by medical indications, as well as persons who had a criminal record for certain crimes. Lists of relevant medical contraindications and crimes, in the presence of which persons are not allowed to teach, are established by federal laws. This rule, enshrined in Part 2 of Art. 332 of the Labor Code of the Russian Federation, was further developed in paragraph 2 of the commented article, according to which a person deprived by a court decision of the right to work in an educational institution for a certain period cannot be employed in an educational institution during this period.
In accordance with clause 3 of the commented article, labor relations between an employee of an educational institution and an educational institution are regulated by an employment contract (contract). The terms of an employment agreement (contract) may not contradict labor legislation.
The concept of an employment contract is disclosed in Art. 56 of the Labor Code of the Russian Federation. In accordance with it, an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation, the collective agreement, agreements, local regulations, containing the norms of labor law, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization.
The employment contract shall indicate: the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - individual) who entered into an employment contract.
The essential terms of the employment contract are:
place of work (indicating structural unit);
date of commencement of work;
the name of the position, specialty, profession, indicating qualifications in accordance with staffing organization or specific job function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the order established by the Government of the Russian Federation;
the rights and obligations of the employee;
the rights and obligations of the employer;
characteristics of working conditions, compensations and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
regime of work and rest (if it is in relation to this employee differs from the general rules established in the organization);
terms of remuneration (including the amount tariff rate or official salary of an employee, additional payments, allowances and incentive payments);
types and conditions of social insurance directly related to labor activity.
The employment contract may provide for conditions on probation, on non-disclosure of secrets protected by law (state, official, commercial and other), on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer, as well as other conditions not worsening the position of the employee in comparison with labor legislation, collective agreement, agreements.
The terms of the employment contract can only be changed by agreement of the parties and in writing.
According to Art. 332 of the Labor Code of the Russian Federation, all positions of scientific and pedagogical workers in a higher educational institution are filled under an employment contract concluded for a period of up to five years. When filling positions of scientific and pedagogical workers in a higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract is preceded by a competitive selection. The regulation on the procedure for filling these positions is approved in the manner established by the Government of the Russian Federation. The positions of the dean of the faculty and the head of the department of higher education educational institution are elective. The procedure for elections to these positions is determined by the statutes of higher educational institutions.
In federal state higher educational institutions, the positions of rectors, vice-rectors, deans of faculties, heads of branches (institutes) are filled by persons under the age of sixty-five years, regardless of the time of conclusion of employment contracts. Persons holding these positions and having reached this age are transferred, with their consent, to other positions corresponding to their qualifications. Vice-rectors are hired under a fixed-term employment contract. The expiration date of a fixed-term employment contract concluded by the vice-rector with a higher educational institution coincides with the expiration date of the rector's powers. On the proposal of the academic council of a higher educational institution, the founder has the right to extend the term of office of the rector until he reaches the age of seventy years. On the proposal of the academic council of a higher educational institution, the rector has the right to extend the term of office of vice-rector, dean of the faculty, head of the branch (institute) until they reach the age of seventy years.
In other educational institutions, employment contracts are concluded for an indefinite period.
In accordance with Art. 333 of the Labor Code of the Russian Federation for teachers of educational institutions, a reduced working time of no more than 36 hours per week is established. Study load teacher educational institution, stipulated in the employment contract, may be limited to the upper limit in cases provided for by the model regulation on the educational institution of the appropriate type and type. Depending on the position and (or) specialty, for pedagogical workers of educational institutions, taking into account the characteristics of their work, the duration of working hours (norms of hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation. Pedagogical workers are allowed to work part-time, including in a similar position, specialty.
The teaching staff of an educational institution is provided with an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of October 1, 2002 No. 724).
Pedagogical employees of an educational institution, at least every 10 years of continuous teaching work, have the right to a long vacation for up to one year, the procedure and conditions for granting which are determined by the founder and (or) the charter of this educational institution. In order to exercise this right of teaching staff of educational institutions subordinate to the Ministry of Education and Science of Russia, by order of the Ministry of Education of the Russian Federation dated December 07, 2000 No. 3570, the Regulations on the procedure and conditions for granting long-term leave to teaching staff of educational institutions for up to one year were approved.
In connection with the consolidation of this norm in the labor legislation, it is of interest related to this judicial practice. Yes, Rubtsovsky City Court Altai Territory On March 28, 1996, he issued a decision by which he ordered the administration municipal institution culture and children's music school No. 2 in Rubtsovsk to provide the teacher of this school in accordance with Art. 55 of the Education Act, long leave without pay for a period from May 15, 1996 to May 15, 1997. The plaintiff worked as a teacher music school over 13 years old and applied for an extended leave. The administration refused to grant leave, believing that the length of service for receiving leave begins in 1992. Then the administration of the children's music school No. 2 in Rubtsovsk filed a complaint with the judicial collegium for civil cases of the Altai Regional Court. The Judicial Collegium considered the complaint in an open court session on June 19, 1996 and determined that the cassation complaint should be dismissed.
In this case, as we see, both the city and regional courts considered that with the adoption of the Law on Education, all teachers with 10 years of experience or more received the right to use long vacations.
According to Art. 336 of the Labor Code of the Russian Federation, in addition to the grounds provided for by labor legislation, the grounds for terminating an employment contract with a teacher of an educational institution are:
repeated within one year gross violation of the charter of the educational institution;
achievement by the rector, vice-rector, dean of the faculty, head of the branch (institute), federal state educational institution of higher professional education of the age of sixty-five years.
Paragraph 4 of the commented article provides that in addition to the grounds for termination of an employment contract at the initiative of the administration, provided for by labor legislation, the grounds for dismissal of a pedagogical worker of an educational institution at the initiative of the administration of this educational institution before the expiration of the employment contract are:
repeated gross violation of the charter of the educational institution during the year;
the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;
appearance at work in a state of alcoholic, narcotic or toxic intoxication.
Dismissal on these grounds can be carried out by the administration without the consent of the trade union.
When hiring a part-time teacher, first of all, it is necessary to properly formalize an employment relationship with him. The right to work part-time is granted to every citizen by the Labor Code. According to Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job). Article 282 of the Labor Code of the Russian Federation gives the right to conclude employment contracts for part-time work with an unlimited number of employers, while the employment contract must indicate that the work is part-time.
Recruitment
Based on Art. 283 of the Labor Code of the Russian Federation, when hiring for a part-time job with another employer, an employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualification or its duly certified copy. Since pedagogical work, of course, requires special knowledge, the applicant for the corresponding position will be required to present such a document. No other documents, certificates, permits from the main place of work are required in accordance with the norms of the Labor Code.
I would like to remind you that external part-time, as well as to the main employee applying for a position related to the education and upbringing of children, a number of additional requirements. So, according to Art. 331 of the Labor Code of the Russian Federation, persons with an educational qualification, which is determined in the manner established by the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", are allowed to engage in pedagogical activities. Paragraph 1 of Art. 46 of this Law establishes that this activity can be carried out by persons:
- having an appropriate education (secondary vocational or higher);
- responsible qualification requirements specified in the qualification handbooks, and (or) professional standards.
The non-compliance of the applicant with the above conditions is the basis for a justified refusal to hire an educational institution and, by virtue of Art. 3 of the Labor Code of the Russian Federation cannot be regarded as a manifestation of discrimination in the sphere of labor.
When hiring a teacher, the head of the institution and the personnel worker must have at hand the Unified qualification guide positions of managers, specialists and employees, approved by the Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 N 761n. The section "Qualification characteristics of the positions of educators" of the reference book indicates that the qualification characteristics of the positions of educators not only provide for the presence of a certain level of professional education for teachers, but also contain clear requirements for the profile of the received specialty in education.
Based on this document, a teacher or lecturer (with the exception of the teaching staff of universities) must have not just a higher or secondary vocational education, but an education of the appropriate level in the field of study "Education and Pedagogy". Also, he can have an education in the field corresponding to the subject being taught (higher professional or secondary professional and additional professional education in the field of activity in an educational institution), without presenting requirements for work experience.
A teacher-psychologist must have higher professional education or secondary professional education in the field of study "Pedagogy and Psychology" without presenting requirements for work experience or higher professional education or secondary professional education and additional professional education in the field of training "Pedagogy and Psychology" without presenting requirements for work experience.
For a defectologist or speech therapist teacher, a higher professional education in the field of defectology is mandatory.
The level of education and qualifications of employees of educational institutions are determined on the basis of state documents on the appropriate level of education and (or) qualifications: diplomas, certificates and other documents on education. Differentiation of higher professional education by levels (bachelor, graduate, master) is not taken into account when determining the educational qualification.
The Labor Code also establishes categorical prohibitions, according to which persons are not allowed to teach:
- deprived of the right to engage in pedagogical activities in accordance with a court verdict that has entered into legal force (Article 331 of the Labor Code of the Russian Federation);
- those who have or had a criminal record, are or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public security;
- having an unexpunged or outstanding conviction for intentional grave and especially grave crimes;
- declared incompetent in the established federal law okay;
- having diseases provided for by the list approved by the federal executive body that performs the functions of developing public policy and legal regulation in the field of healthcare.
In other words, when applying for a job, a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in a certain order and in the appropriate form by the internal affairs bodies, and the conclusion of a medical examination are required.
When making labor relations with a part-time teacher, one should also be guided by the Decree of the Ministry of Labor of Russia of 06/30/2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." By virtue of this document, pedagogical workers have the right to carry out part-time work - to perform other regular paid work on the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases where a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation).
The duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer. For each employment contract, it cannot exceed:
- for pedagogical workers (including trainers-teachers, trainers) - half of the monthly norm of working hours, calculated from the established duration of the working week;
- for pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week.
The pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours, while maintaining wages at the main place of work.
At the same time, the following types of work will not be considered part-time jobs and do not require the conclusion (execution) of an employment contract:
- pedagogical work on the terms of hourly payment in the amount of not more than 300 hours per year;
- implementation of consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
- the implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
- pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and another children's institution with additional payment;
- work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, work on the management of production training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;
- work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
- work on organizing and conducting excursions on an hourly or piece-rate basis without occupying a regular position.
The performance of these types of work is allowed during the main working hours, but with the consent of the employer.
Compensation for part-time worker
Issues of remuneration of persons working part-time are regulated by Art. 285 of the Labor Code of the Russian Federation. In accordance with this article, payment is made in proportion to the hours worked, depending on the output, or on other conditions determined by the employment contract.
When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.
Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account such coefficients and supplements.
The remuneration of part-time teachers will depend on the teaching pedagogical load established by him, which, in turn, depends on the number of hours according to the federal state educational standard, curriculum and programs, on staffing and other specific conditions in this educational institution. The head of the educational institution is responsible for the distribution of the teaching load. The volume of the teaching load determined by this particular teacher is fixed in the employment contract.
In general, the salary of a part-time teacher will be calculated from the cost of one teaching hour for this employee, multiplied by the number of hours spent. And the cost of one teaching hour depends on the level of education, availability qualification category, experience of pedagogical work and compensation and incentive payments established for this employee.
The question often arises: how many hours of teaching load can be set and, accordingly, paid to a part-time teacher? To answer it, let's turn to Decree of the Ministry of Labor of Russia N 41. It says that the duration of part-time work for a month for teachers cannot exceed half the monthly norm of working time calculated from the established duration of the working week, and for those employees who half of the monthly norm of working time for the main job is less than 16 hours per week - 16 hours of work per week. According to Art. 333 of the Labor Code of the Russian Federation, the working time for teachers is no more than 36 hours per week. Based on this, the working hours of part-time teachers cannot exceed 18 hours per week.
In addition, part-time teachers have the right to receive all guarantees and compensations provided for current legislation, collective agreements and local regulations of institutions (Article 287 of the Labor Code of the Russian Federation).
If necessary, the part-time worker is entitled to the payment of benefits for temporary disability and in connection with motherhood, the procedure for the appointment and payment of which is carried out in accordance with the generally established procedure. So, paragraph 2 of Art. 13 of the Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" it is determined that if the insured person at the time of the occurrence of the insured event is employed by several insurers and in the two previous calendar years was employed by the same insurers, benefits for temporary disability, pregnancy and childbirth are assigned and paid to him by the insurers at all places of work (service, other activity), and the monthly allowance for child care - by the insured at one place of work (service, other activity ) at the choice of the insured person. These benefits are calculated on the basis of average earnings, determined in accordance with Art. 14 of this Federal Law, for the time of work (service, other activities) with the insured who appoints and pays the allowance. To do this, you must present a certificate of temporary disability for each place of work. By virtue of clause 4 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n, if a citizen at the time of the onset of temporary disability, maternity leave is employed by several employers and was employed in the two previous calendar years before the issuance of a certificate of incapacity for work from the same employers, he is issued several certificates of incapacity for work for each place of work.
Vacation of a part-time teacher
The right to annual paid leave for a part-time teacher is guaranteed by Art. 286 of the Labor Code of the Russian Federation. It must be granted simultaneously with leave for the main job. If the employee has not worked for six months at a part-time job, then leave is granted in advance.
If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, grants him leave without pay of the corresponding duration.
When granting leave, teachers should be guided by Art. 334 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of 01.10.2002 N 724 "On the duration of the annual main extended paid leave provided to teachers", according to which the duration of vacation for teachers is 42 or 56 calendar days(depending on the type of educational institution and position held).
Termination of employmentwith an assistant teacher
In addition to the general grounds provided for by the Labor Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer is obliged to notify the specified person in writing at least two weeks before the termination of the employment contract (Article 288 of the Labor Code of the Russian Federation).
It should not be forgotten, however, that on the basis of Art. 127 of the Labor Code of the Russian Federation, a dismissed employee is entitled to payment of monetary compensation for all unused vacations. Vacation pay is calculated according to the generally established procedure.
ANSWERS
TO SOME OF THE MOST FREQUENTLY ARISING QUESTIONS
ON PAYMENT OF LABOR, PROVISION OF HOLIDAYS, ETC.
1. How are teachers paid who teach sick children at home - by billing or by the hour?
In accordance with the instructive letter of the USSR Ministry of Education of October 28, 1983 N 74-M (published in the Bulletin of Normative Acts of the USSR Ministry of Education N 3 for 1984), the monthly salary of teachers who individually teach sick children with chronic conditions at home is determined in the manner established Art. 92 Instructions on the procedure for calculating the wages of educational workers, if the work with children for these teachers is permanent, i.e. continues for school year or half a year.
In this regard, the remuneration of teachers who individually teach sick children at home is billed, including during the vacation period.
Hourly wages for teachers can take place only in the cases provided for in paragraph 95 of the above Instructions (i.e., during the period of replacement of temporarily absent teachers, as well as during part-time jobs by employees of enterprises, institutions and organizations teaching at school).
2. To what extent can a school teacher keep teaching hours at another school? And does it depend on the volume of the study load at the main place of work?
In accordance with the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 "On part-time work" and the Decree of the USSR State Labor Committee, the USSR Ministry of Justice and the Secretariat of the All-Union Central Council of Trade Unions of 09.03.89 N 81 / 604-K-3 / 6-84 "On approval Regulations on the conditions of part-time work" the total duration of part-time work during the month should not exceed half the monthly norm of working time.
At the main place of work for a teacher, the current legislation does not establish restrictions on the volume of the teaching load.
In this regard, a teacher, regardless of the volume of the teaching load at the place of main work, can conduct teaching work in another educational institution on a part-time basis within half the monthly norm of hours, for which payment is made according to tariffication.
In addition to the specified teaching work performed on a part-time basis, in another educational institution he may be allowed teaching work in the amount of up to 240 hours per year (6 hours per week), which is not considered part-time work, but payment for which is made hourly.
3. What is the length of the working day of teachers and other teaching staff during the holidays?
The time of autumn, winter and spring holidays, as well as the time of summer holidays that do not coincide with the next vacation, is the working time of teachers and other pedagogical workers. During these periods, they are involved by the school management in pedagogical and organizational work within the time limit that does not exceed their academic load (volume of pedagogical work) before the start of the holidays.
4. How is payment made for teaching staff of educational institutions involved in a period that does not coincide with their next vacation, to work in health camps with day stay children and in country health camps?
According to the Order of the Ministry of Education of Russia dated March 29, 1993 N 113 "On urgent measures for organizing summer holidays for children and adolescents in 1993" for work in camps with daytime stay of children, pedagogical workers in a period that does not coincide with their vacation are involved within the established before the start of the holidays, the volume of the teaching load with the preservation of the wages provided for in the billing. If teachers are involved (with their consent) in this work in excess of the specified time, they are paid for the time actually worked.
For teaching staff of educational institutions, when they are sent in a period that does not coincide with the next vacation, to work in country health camps, the wages established during the billing are retained. In addition, these workers are paid at the expense of the funds provided for the maintenance of the camp for the position they hold in the camp, and an additional payment of 15% is established for systematic processing in excess of the normal working hours. In the case of finding a country camp in countryside pedagogical workers are paid with a 25% increase in the wage rate (official salary).
5. How is the remuneration of school teachers who did not conduct classes due to quarantine?
The remuneration of teachers and other pedagogical workers of educational institutions who did not conduct training sessions (pedagogical work) due to quarantine and were not involved in this period in other educational, methodological or organizational work, should be made in accordance with Article 94 of the Labor Code of the Russian Federation in in the amount of not less than 2/3 of the tariff rate of wages (salary) of the category established for the employee, as for downtime through no fault of the employee.
ConsultantPlus: note.
The Labor Code of the RSFSR, approved by the Law of the RSFSR of December 9, 1971, became invalid on February 1, 2002 due to the adoption of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ. The current norm on this issue is contained in Article 157 of the Labor Code of the Russian Federation.
6. What category of wages should be established for a teacher who does not have a secondary vocational education?
According to the Decree of the Government of the Russian Federation of October 14, 1992 N 785 and tariff - qualification characteristic for the position of a teacher, agreed with the Ministry of Labor of Russia and approved by the Order of the Ministry of Education of Russia and the State Committee for Higher Education of Russia of August 31, 1995 N 463/1268, remuneration of teachers is made in the range of 7 - 14th categories of the Unified tariff scale.
In this regard, teachers are not remunerated below the 7th category, including those who do not have a secondary vocational education.
7. Is there an increase in the wage rate (official salary) for teachers who have a diploma of graduation with honors from a higher or secondary professional educational institution?
In accordance with the current legislation, the presence of a diploma with honors from a higher or secondary vocational educational institution does not entitle an employee to an automatic increase in the wage rate (official salary).
However, due to the fact that, according to Art. 32 and 54 of the Law of the Russian Federation "On Education", the establishment of additional payments and allowances within the funds allocated for wages is the competence of an educational institution, the issue of establishing an allowance for teachers who graduated with honors from a higher or secondary vocational educational institution, if financial opportunities are available, may be decided by the educational institution itself.
8. What is the norm of hours for one rate for educators, teachers - speech therapists and teachers - defectologists working in educational institutions for children with disabilities in physical or mental development?
On the basis of Decree of the Council of Ministers of the USSR of December 8, 1990 N 1238 "On measures to improve the work of special educational institutions for children and adolescents with disabilities in physical or mental development", as well as a letter from the Ministry of Education of Russia of February 4, 1992 N 22-piece wage rate in special (correctional) educational institutions (classes, groups) for children with defects in mental or physical development is paid to educators for 25 hours of pedagogical work per week, and to teachers - speech therapists and teachers - defectologists - for 20 hours of pedagogical work work per week. At the same time, for teachers - speech therapists, the salary rate for working with children with speech development disorders is also increased if the educational institution does not create separate classes or groups for such children.
9. Are the teachers of educational institutions from among part-time workers paid during the holidays, if they perform pedagogical work during this period?
In accordance with paragraph 95 of the Instruction on the procedure for calculating the wages of educational workers, approved by Order of the USSR Ministry of Education of May 16, 1985 N 94, persons working on an hourly basis and not conducting classes during the holidays do not receive payment for this time. Therefore, those pedagogical workers from among part-time workers who work during the holidays should receive payment for this period.
10. What document is the basis for the payment of daily allowances to employees sent to advanced training courses with a break from work? Accountants, referring to the Decree of the Ministry of Labor of Russia of June 15, 1995 N 31, pay only a stipend for the first two months in the amount of average earnings (even if the employee has been on courses with a break from work for 10 months).
In a letter from the Ministry of Labor of Russia dated January 26, 1996 N 178-KV, it was reported that the Decree of the Ministry of Labor of Russia dated June 15, 1995 N 31 regarding the reimbursement of expenses for employees when they are sent to advanced training courses (for training, retraining of personnel, training in second professions ) with a break from work is invalid, since after it the Decree of the Government of the Russian Federation of 06/26/95 N 610 was issued.
Material support for employees of educational institutions sent for advanced training with a break from their main work is carried out in accordance with paragraph 26 of the "Model Regulation on an educational institution of additional professional education (advanced training) of specialists", approved by Decree of the Government of the Russian Federation of June 26, 1995 N 610.
According to this document, for the duration of their training with a break from work, the average salary at the main place of work is retained for the trainees. Students from other cities who are sent to study with a break from work are paid daily allowances according to the norms established for business trips on the territory of the Russian Federation.
Payment for the trainees' travel to and from the place of study, as well as the payment of per diems for the time they are on the way, are carried out at the expense of federal bodies executive power, enterprises (associations), institutions and organizations at the place of the main work of students.
At the time of training, students are provided with a hostel with expenses paid by the sending party.
11. Is there a seniority bonus for accountants in centralized accounting?
According to the clarification of the Ministry of Labor of the Russian Federation of December 30, 1993 N 17 "On the procedure for establishing monthly bonuses to official salaries for length of service for employees of executive authorities" (approved by the Decree of the Ministry of Labor of Russia of December 30, 1993 N 186), for employees of organizations, members of executive authorities (including employees of centralized accounting departments), Resolution of the Council of Ministers - the Government of the Russian Federation of November 19, 1993 N 1173 "On the payment of monthly bonuses to official salaries for length of service to employees of executive authorities" does not apply.
However, in accordance with Decree of the President of the Russian Federation of 11/15/91 N 211, the establishment of additional payments and allowances for employees of institutions within the funds allocated for wages is the competence of the institution.
At the same time, the Federal Law "On general principles Local Self-Government Organizations in the Russian Federation" local self-government bodies are given the right to decide all issues related to the increase in the cost of maintaining educational institutions. In this regard, the issue of establishing a bonus for employees of centralized accounting is also entitled to decide local executive authorities.
12. How is remuneration paid to the head of an educational institution if he was certified as a teacher and he has the highest qualification category?
The level of remuneration of executive employees depends on the group to which the educational institution is assigned in terms of volume indicators, and the qualification category obtained as a result of certification for the position occupied. leadership position.
The leading employees of an educational institution who lead teaching hours must be certified both in a managerial position and in the position of a teacher. Certification for both positions can be carried out simultaneously.
13. Is there a 15% increase in wage rates and official salaries for employees of boarding schools general type And according to what document?
Initially, the increase in wage rates and official salaries of workers for work in boarding schools of a general type was provided for by the Decree of the USSR State Labor Committee of March 20, 1991 N 70 "On the approval of new wage rates and official salaries of workers in public education, health, social security, culture and archival institutions" (Appendix N 1, note 4).
In connection with the introduction of the Unified Tariff Scale, the Ministry of Education of Russia, in agreement with the Ministry of Labor of Russia, prepared a letter dated January 12, 1993 N 10 / 32-T, which states that the UTS does not cancel the procedure for raising wage rates and official salaries that was in force before it, establishing allowances and surcharges that are not taken into account in the ETS categories and paid for working conditions that deviate from normal. A list of these compensatory surcharges, allowances and increases in wage rates (official salaries) is attached to the above-mentioned letter from the Ministry of Education of Russia. This List includes boarding schools of a general type, for work in which wage rates and official salaries of employees are increased by 15%. The list of employees who receive the specified increase in wage rates and official salaries is determined by the educational institution independently, depending on the specific working conditions.
14. On the basis of what documents are the official salaries of rectors, vice-rectors and teaching staff of institutes for advanced training of specialists established? Do they receive an additional payment for having a PhD and PhD degree? Is a bonus to the official salary for holding the position of associate professor or professor and on the basis of what document?
Remuneration of labor of rectors, vice-rectors and faculty of advanced training institutes is made in the manner and on the terms provided for the relevant employees of educational institutions of higher professional education (base: letter of the Ministry of Education of Russia (agreed with the Ministry of Labor of Russia) dated January 12, 1993 N 10 / 32-T).
ConsultantPlus: note.
From November 1, 2006, employees holding positions in federal budget institutions(organizations) of science and federal state higher educational institutions, regardless of departmental affiliation, academic degrees for which are provided for by tariff and qualification requirements, a monthly supplement for a scientific degree is established: Doctor of Science - in the amount of 7,000 rubles, Candidate of Sciences - in the amount of 3,000 rubles (Government Decree RF dated November 23, 2006 N 712).
Since September 1, 1994, by Decree of the Government of the Russian Federation of September 26, 1994 N 1097 "On the establishment of additional payments to employees of budgetary educational institutions for advanced training and retraining of managers and specialists for the academic degrees of Doctor of Science and Candidate of Science" the teaching staff of advanced training institutions has been extended the effect of paragraph 3 of Decree of the Government of the Russian Federation of July 6, 1994 N 807, in accordance with which the additional payment for the academic degree of Doctor of Science was established for the teaching staff of higher educational institutions in the amount of five minimum dimensions wages, and for the scientific degree of a candidate of sciences - in the amount of three minimum wages.
At the same time, according to the letter of the Ministry of Labor of Russia and the Ministry of Science of Russia dated August 23, 1994 N 1623-RB to employees holding full-time positions with part-time work (0.5 and 0.25 rates), these additional payments are set in proportion to the hours worked.
Decree of the Government of the Russian Federation of September 9, 1994 N 1042 "On the material support of the teaching staff of educational institutions of higher professional education", which established allowances of 60% of the official salary of employees holding the position of professor, and of 40% of the official salary of employees holding the position of associate professor in higher educational institutions does not apply to the teaching staff of institutes for advanced training and retraining of managers and specialists.
On this issue, the Ministry of Education of Russia petitioned the Government of the Russian Federation, but it did not receive a positive decision.
15. Under what conditions are pensioners who previously worked in educational institutions located in rural areas or urban-type settlements (working settlements) retained benefits for public services?
In accordance with the Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of May 28, 1985 N 154 / 12-22 "On approval of the clarification" On the procedure for maintaining the right to free apartments with heating and lighting for retired educators and other public education specialists who worked in in rural areas and urban-type settlements (working settlements) "benefits for utilities (free apartments with heating and lighting) upon retirement are retained for the pedagogical workers listed in this Decree and for members of their families living with them, if the total length of service in educational institutions located in rural areas and urban-type settlements, each of these employees is at least 10 years old, provided that at the time of retirement they enjoyed these benefits.
The right to free apartments with heating and lighting is reserved for pensioners and family members living with them and when they move to a new place of residence in another rural area or in another urban-type settlement (working settlement), where employees of general education schools, orphanages, baby houses, preschool institutions, interschool educational and industrial combines, secondary vocational schools that train personnel for agricultural production, enjoy these benefits, as well as when transforming a rural settlement into an urban-type settlement (working settlement) and in cases of transforming a rural settlement and an urban-type settlement (working settlement) to the city.
When these pensioners move to a permanent place of residence in the city, they do not retain utility benefits.
16. Do teachers of institutions of additional education for children (out-of-school institutions) located in rural areas or workers' settlements (urban-type settlements) have the right to benefits for communal services in accordance with paragraphs 5 and 9 of Article 55 of the Law of the Russian Federation "On Education" ?
ConsultantPlus: note.
Law of the RSFSR of December 21, 1990 N 438-1 became invalid on January 1, 2005 in connection with the adoption of the Federal Law of August 22, 2004 N 122-FZ.
Article 24 of the Law of the RSFSR "On social development villages" and paragraph 9 of Article 55 of the Law of the Russian Federation "On Education" provides for the distribution of benefits established in a given locality for specialists Agriculture, respectively, for teachers of educational institutions located in rural areas, and educational institutions remote from urban centers and considered as such by public authorities and administration.
At the same time, it should be borne in mind that for workers in the agro-industrial complex (agriculture), benefits for utilities are not provided for by the current legislation. They are provided with completely different benefits, which are established by the Decree of the Council of Ministers of the USSR of April 5, 1989 N 289 "On a radical restructuring economic relations and management in the agro-industrial complex of the country". Therefore, teachers of out-of-school institutions located in rural areas do not enjoy benefits for communal services, but are entitled to other benefits that are provided for agricultural workers.
As for paragraph 5 of Article 55 of the Law of the Russian Federation "On Education" (as amended in 1996), it says: "... in the manner prescribed by the legislation of the Russian Federation." But neither the legislation of the Russian Federation, nor the legislation of the USSR, have ever established utility benefits for teachers of out-of-school institutions. Consequently, pedagogical workers of out-of-school institutions in rural areas do not have the right to benefits for communal services.
The issue of granting benefits to teaching staff of out-of-school institutions for communal services can be resolved by the relevant local executive authorities.
17. What length of vacation is granted to teachers of additional education working in schools, boarding schools, orphanages and out-of-school institutions?
Teachers of additional education who are on the staff of a school, boarding school, orphanage, in accordance with Decree of the Government of the Russian Federation of September 13, 1994 N 1052, leave is granted for 56 calendar days, and teachers of additional education of out-of-school institutions - 42 calendar days.
18. What is the duration of leave for nurses in educational institutions general view and in educational institutions for children with disabilities in physical or mental development?
The next vacation for nurses and head nurses in educational institutions of general type and in educational institutions for children with disabilities in physical or mental development is provided for a duration of 24 working days. In accordance with paragraphs 174, 179 and 60 of section 40 "Health" of the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a reduced working day, approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of June 16, 1988 N 370 / P-6, for harmful conditions work, nurses were provided with an additional leave of 12 working days in educational institutions of general type and in educational institutions for children with disabilities in physical development and 30 working days in educational institutions for children with mental disabilities.
In accordance with Part 1 of Art. 331 of the Labor Code of the Russian Federation, persons with an educational qualification, which is determined in the manner established by the model regulations on educational institutions of the corresponding types and types, approved by the Government of the Russian Federation, are allowed to teach. Obviously, when receiving an education of the appropriate level, teachers can be persons who have this education. For example, in higher educational institutions, in accordance with the educational qualification, persons with a higher education corresponding to the profile should teach.
In accordance with Part 2 of Art. 331 of the Labor Code of the Russian Federation, persons who are prohibited from this activity by a court verdict or for medical reasons, as well as those who have a criminal record for certain crimes, should not be allowed to teach. Lists of medical contraindications and crimes, in the presence of which persons should not be allowed to teach, must be determined by federal law. After the approval of these lists by federal law, persons who have medical contraindications and a criminal record for the crimes indicated in them cannot be admitted to teaching. However, employees engaged in this type of activity can only be dismissed on grounds established by federal law, for example, in connection with the application on the basis of Art. 47 of the Criminal Code of the Russian Federation punishment in the form of a ban on teaching activities.
In accordance with Part 1 of Art. 332 of the Labor Code of the Russian Federation, all positions of scientific and pedagogical workers in a higher educational institution are filled under an employment contract concluded for a period of up to five years. When filling positions of scientific and pedagogical workers in a higher educational institution, the conclusion of a fixed-term employment contract is preceded by a competitive selection. Competitive selection is not carried out for the positions of dean of the faculty and head of the department. The regulation on the procedure for filling positions of scientific and pedagogical workers in a higher educational institution of the Russian Federation was approved by Order of the Ministry of Education of Russia dated November 26, 2002 N 4114 (registration number 4084 dated December 27, 2002). In accordance with this Regulation, the holding of a competition precedes the position of a scientific and pedagogical worker in a higher educational institution. The decision to hold the competition is published in the press, after which documents for participation in the competition are submitted. The competitive selection ends with the voting of the members of the Academic Council of the higher educational institution. With a person elected by competition, a fixed-term employment contract is concluded for the term of election, which should not exceed five years.
The changes made to Art. 332 of the Labor Code of the Russian Federation, the rule is fixed, according to which, with the consent of the parties to the employment contract, it is allowed to conclude it between the university and the scientific and pedagogical worker without competitive selection for a period not exceeding one year in order to maintain continuity educational process in the following cases: 1) when hiring part-time workers; 2) when replacing a temporarily absent employee; 3) in newly opened universities before the start of the work of the Academic Council.
When concluding a fixed-term employment contract for a previously occupied position, an order to appoint an employee to the same scientific and pedagogical position for new term according to the results of competitive selection, it can be published without his dismissal at the end of the previous employment contract.
The positions of the dean of the faculty and the head of the department of a higher educational institution are elective. The procedure for election to these positions is determined by the charter of the higher education institution.
In state and municipal higher educational institutions, the positions of rectors, vice-rectors, deans of faculties, heads of branches (institutes) are filled by persons under the age of sixty-five years, regardless of the time of conclusion of an employment contract. Vice-rectors are hired under a fixed-term employment contract, the term of which ends at the end of the powers of the rector.
On the proposal of the academic council of a higher educational institution, the founder (founders) may extend the term of office of the rector until he reaches the age of seventy years. On the proposal of the academic council of a higher educational institution, the rector has the right to extend the term of office of vice-rector, dean of the faculty, head of the branch (institute) until they reach the age of 70 years. Persons holding these positions and having reached this age are transferred, with their consent, to other positions corresponding to their qualifications.
In accordance with Art. 333 of the Labor Code of the Russian Federation, teachers are set a reduced working time of no more than 36 hours per week. Depending on the position and (or) specialty, for pedagogical workers of educational institutions, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation. Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions" determines the standards for hours for the wage rate in various educational institutions.
Pedagogical workers can work part-time, including in a similar position, specialty. Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" defines the features of part-time work of pedagogical workers. However, we emphasize once again that work on the conditions internal combination, including in a similar position, specialty, is one of the types of work outside the normal working hours, and therefore it must be paid at an increased rate established for overtime pay.
In accordance with Art. 334 of the Labor Code of the Russian Federation, teachers of educational institutions are provided with an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation. Decree of the Government of the Russian Federation of October 1, 2002 N 724 "On the duration of the annual basic extended paid leave granted to teachers of educational institutions" determines the duration of the specified leave of teachers depending on their position and the type of educational institution in which they work. The leave of pedagogical workers differs from the annual basic leaves provided to other employees by its duration.
The teaching staff of an educational institution on the basis of Art. 335 of the Labor Code of the Russian Federation have the right to use a long vacation of up to one year at least every 10 years of continuous teaching work. The procedure and conditions for granting this leave are determined by the founder and (or) the charter of the educational institution. In accordance with Art. 335 of the Labor Code of the Russian Federation, the employer is obliged to provide this leave to a teacher with 10 years of continuous teaching experience and in the absence of regulation of its provision in the local acts of the educational institution. However, the issue of paying for this leave is decided by the educational institution itself. Therefore, payment can become the employer's responsibility only if there is an appropriate condition in the local documents of the educational institution.
In Art. 336 of the Labor Code of the Russian Federation lists additional grounds for terminating an employment contract with teaching staff.
These include: 1) repeated, within one year, gross violation of the charter of an educational institution; 2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil; 3) achievement by the rector, vice-rector, dean of the faculty, head of the branch (institute) of the state or municipal educational institution of higher professional education of the age of sixty-five years. The listed grounds can be applied in the event that there are no general grounds for dismissal of an employee, in particular those listed in Art. 81 of the Labor Code of the Russian Federation. Therefore, in the charter of an educational institution, additional ones may be defined in comparison with Art. 81 of the Labor Code of the Russian Federation gross violations the charter of the educational institution, for the commission of which the dismissal of a pedagogical worker may follow. For example, such violations may include smoking in places where it is prohibited by the employer. The use of violence against the personality of a student, pupil should also be recognized as additional in relation to Art. 81 of the Labor Code of the Russian Federation as the basis for the dismissal of a teacher. The use of such violence should not be included in the concept of an immoral offense committed by an employee performing educational functions. Additional in comparison with the general grounds is the dismissal when the listed persons reach the age of sixty-five years.
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