36 hours is not the norm, but the maximum
Working hours teaching staff educational institutions regulated by articles 92 and 333 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), paragraph 5 of article 55 of the Law of the Russian Federation "On Education" (as amended by the Federal Law of January 13, 1996 No. 12-FZ with subsequent amendments and additions), a government decree Russian Federation dated 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."
Peculiarities of the working time regime of pedagogical workers are regulated by the Regulation on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69, registered with the Ministry of Justice on July 26, 2006, registration No. 8110 (hereinafter - the Regulation on the features of the working hours).
Federal legislation establishes a reduced working time for teachers - no more than 36 hours per week.
However, in Article 333 of the Labor Code of the Russian Federation, along with an indication of the duration of the working time of pedagogical workers of no more than 36 hours a week, there is a very significant clarification. It states that, depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the duration of working hours is determined by the Government of the Russian Federation.
Consequently, the words “working time is not more than 36 hours” is not a generally established and not mandatory for all teaching staff working hours. This is its maximum norm, which can be established by the Government of the Russian Federation for a teacher holding one position (depending on its name and characteristics of work) or receiving one wage rate.
Taking into account these conditions, the 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” (hereinafter - Decree No. 191) establishes either the duration of working hours or the norm hours per wage rate.
The length of working time, which is 30 or 36 hours of pedagogical work per week, is established for the categories of pedagogical workers provided for in paragraph 1 of the annex to Resolution No. 191. The norm of hours for one wage rate, which is 18, 20, 24, 25, 30, 36 hours per week or 720 hours per year, is fixed for the categories of workers listed in paragraphs. 2 and 3 annexes to this decision. For example, 30 hours of working time per week is set for senior educators of all educational institutions, except for preschool educational institutions and children's institutions. additional education.
Working hours of 36 hours a week are set:
Senior educators of preschool educational institutions and children's institutions of additional education;
Psychologist teachers;
Methodists (senior methodologists) of educational institutions;
social educators;
Teachers-organizers;
Masters of industrial training;
senior counselor;
Labor instructors of educational institutions;
Teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;
Leaders physical education educational institutions of primary vocational and secondary vocational education;
Employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;
Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.
It should also be noted that the remuneration of teachers for whom the length of working time is established is carried out on the basis of official salaries, and for teachers for whom the norm of hours per rate is established, on the basis of wage rates.
For pedagogical workers, provided for in paragraph 2 of the annex to resolution No. 191, that is, teachers, teachers (except for teachers of universities and IPK), teachers of additional education and trainers-teachers, the norm of hours of teaching work for a wage rate is only a normalized part of the working time, because their job responsibilities are not limited to teaching.
After establishing the teaching load for the new academic year for teachers, lecturers, teachers of additional education, trainers-teachers, the normalized part of their working time will be the amount of educational (pedagogical) load established by him, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, circles , sections, clubs and other associations of students.
The amount of remuneration for the teaching load more or less than the norm is subject to a proportional increase or decrease in comparison with the size of their wage rate.
The duration of the normalized part of the pedagogical work of teaching staff is determined in astronomical hours and includes the classes, regardless of their duration, and short breaks (changes) between them (footnotes 3 and 4 of the annex to resolution No. 191).
In addition to the teaching load
The teacher's salary rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by the tariff-qualification (qualification) characteristics.
The duties of employees who conduct pedagogical work in addition to teaching work are specified in paragraph 2.3 of the Regulations on the features of the working hours.
The work of teachers, lecturers, teachers of additional education, trainers of teachers, in addition to training sessions, does not have clear boundaries and norms, since it depends on various circumstances.
At the same time, the nature of the above pedagogical work provides that its implementation, as a rule, is carried out not on certain working days of the week, but is calculated for longer periods: for a month, an academic quarter, half a year, an academic year, and therefore such work should be regulated by the relevant work plans and schedules.
Establishing any norms of time for its implementation, artificially increasing work time teaching staff in excess of its normalized part related to teaching work is not provided, with the exception of the time limit determined by the Regulations on the special working hours, for teachers on duty during educational process. Pedagogical workers are involved in duty at the educational institution on working days not earlier than 20 minutes before the start of training sessions and not later than 20 minutes after the end of the last training session.
So what do you do during the holidays?
The peculiarities of the working time regime of pedagogical workers are also associated with the presence in most educational institutions of the vacation period established for students. The vacation period, which does not coincide with the annual basic and additional holidays of pedagogical workers of educational institutions, is working time for them. The duration of their working hours during the autumn, winter, spring and summer holidays established for students, pupils, is not subject to change.
Heads of educational institutions, including sanatorium-forest schools, boarding schools, are not entitled to set teachers during the vacation period the length of working time provided for educators.
During this period, teachers, lecturers (with the exception of teachers of primary and secondary vocational education institutions, as defined in paragraph 4.5 of the Regulations on the peculiarities of the working hours) carry out pedagogical, methodological, as well as organizational work within the normalized part of their working hours. Wherein we are talking about the working time corresponding to the established volume of the study load or pedagogical work, determined by him before the start of the holidays.
An increase in their working hours during the vacation period for the performance of work provided for in paragraph 2.3 of this Regulation is possible only in cases where relevant activities or types of work are announced for this period in accordance with the schedules and plans.
If such events and work are not planned for the vacation period, then the involvement of employees conducting teaching work in the performance of pedagogical, methodological, and organizational work during this period is limited to the normalized part of their working time, that is, the number of hours of study load before the start of the holidays.
During the period of work during the autumn, winter, spring and summer holidays of students, the remuneration of teachers, teachers of additional education, trainers-teachers is made at the rate of wages established in the billing preceding the start of the holidays.
A different procedure for working during the vacation period is defined for teachers of primary and secondary vocational education institutions due to the fact that the normalized part of their working time is defined as the annual volume of teaching load.
In accordance with paragraph 4.5 of the Regulations on the peculiarities of the working hours, teachers of these educational institutions are involved in the work of methodological commissions, seminars, training events, as well as in organizing and holding cultural events, in the work of subject cycle commissions, and in completing classrooms , laboratories. During this period, the said employees are paid the average monthly salary.
In a similar manner, the Regulation on the Peculiarities of the Working Time Schedule regulates the working hours of employees of educational institutions during the period of cancellation for students, pupils of training sessions (educational process) for sanitary and epidemiological, climatic and other reasons.
Engagement to work during the vacation period, as well as during the period of cancellation of classes for the above reasons, is carried out on the basis of the relevant administrative documents of the educational institution, which simultaneously determine the duties performed by employees and the work schedule. When drawing up this schedule, with the consent of the employee, the volume of the established weekly study load (pedagogical work) may be scheduled for a smaller number of days per week or month compared to the previously established schedule.
Irina KOPAYEVA, Chief Legal Inspector of the Trade Union's IGO
In accordance with Article 333 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Art. 3; 2004, N 35, Art. 3607; 2006, N 27, Art. 2878; 2008, N 30, Art. 3616 ) and clause 5.2.78 of the Regulations on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation of May 15, 2010 N 337 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 21, Art. 2603; N 26, Art. 3350) , I order:
1. Establish for pedagogical workers, depending on the position and (or) specialty, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the wage rate) in accordance with the annex to this order.
2. This order comes into force from the date of entry into force of the decree of the Government of the Russian Federation on recognizing as invalid the decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, No. 14, Art. 1289; 2005, No. 7, Art. 560; 2007, No. 24, Art. 2928; 2008, No. 34, Art. 3926).
Minister A. Fursenko
Appendix
Working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers
The length of working time (norm of hours of pedagogical work for the wage rate) for teaching staff is established on the basis of a reduced working time of no more than 36 hours per week.
Pedagogical workers, depending on the position and (or) specialty, taking into account the characteristics of their work, are established:
1. Working hours:
36 hours a week:
employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;
senior educators of preschool educational institutions, educational institutions of additional education for children and orphanages;
teachers-psychologists, social teachers, teachers-organizers, masters of industrial training, senior counselors, labor instructors;
methodologists, senior methodologists of educational institutions;
tutors of educational institutions (with the exception of tutors employed in the field of higher and additional professional education);
heads of physical education of educational institutions implementing educational programs primary vocational and secondary vocational education;
teachers-organizers of the basics of life safety, pre-conscription training;
instructors-methodologists, senior instructors-methodologists of educational institutions of additional education for children of a sports profile;
30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children).
2. Norm of hours of teaching work for the wage rate (normalized part of pedagogical work):
18 hours a week:
teachers of grades 1-11 (12) of educational institutions implementing general education programs(including special (correctional) educational programs for students, pupils with disabilities);
teachers of educational institutions that implement educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions who have a norm of teaching hours for a salary rate of 720 hours per year);
teachers of special disciplines 1-11 (12) classes of musical, artistic educational institutions;
teachers of grades 3-5 of schools of general musical, artistic, choreographic education with a 5-year period of study, grades 5-7 of art schools with a 7-year period of study (children's music, art, choreography and other schools), grades 1-4 of children's art schools and schools of general art education with a 4-year term of study;
teachers of additional education, senior teachers of additional education;
trainers-teachers, senior trainers-teachers of educational institutions of additional education for children of a sports profile;
teachers foreign language preschool educational institutions;
speech therapists of health and social care institutions;
24 hours a week - teachers of grades 1-2 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 1-4 of children's music, art, choreographic schools and art schools with a 7-year term of study;
720 hours per year - for teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education.
3. The norm of hours of pedagogical work for the wage rate:
20 hours a week - teachers-defectologists, teachers-speech therapists, speech therapists;
24 hours a week - music directors and accompanists;
25 hours a week - for educators working directly in groups with students (pupils, children) who have limited opportunities health;
30 hours a week:
physical education instructors;
educators in boarding schools, orphanages, after-school groups, boarding schools at general educational institutions (school boarding schools), special educational institutions for children and adolescents with deviant behavior, preschool educational institutions (groups) for children with tuberculosis intoxication, health care institutions and social services;
36 hours a week - for educators in preschool educational institutions, preschool groups of general educational institutions and educational institutions for preschool and younger children school age, in educational institutions of additional education for children, in dormitories of educational institutions implementing educational programs of primary vocational and secondary vocational education, other institutions and organizations.
Notes.
1. The duration of working hours of pedagogical workers includes teaching (educational) work, educational, as well as other pedagogical work, provided for by qualification characteristics for positions and features of the working hours and rest time of pedagogical and other employees of educational institutions, approved in the prescribed manner.
2. The norm of hours of pedagogical and (or) teaching work for the wage rate of pedagogical workers is established in astronomical hours. For teachers, professors, teachers of additional education, senior teachers of additional education, trainers-teachers, senior trainers-teachers, the norm of hours of teaching work for the wage rate includes the lessons (classes) they conduct, regardless of their duration, and short breaks (changes) between them.
3. For teaching (pedagogical) work performed with the consent of pedagogical workers in excess of the established norm of hours for the wage rate, additional payment is made in accordance with the received wage rate in a single amount.
4. Teachers who cannot be provided with an academic load in the amount corresponding to the norm of hours of teaching work for a salary rate per week are guaranteed payment of the salary rate in full, provided that they are supplemented to the established norm of hours of another pedagogical work in the following cases:
teachers of grades 1-4 when transferring teaching lessons of a foreign language, music, fine arts and physical education specialist teachers;
teachers of grades 1-4 of rural general educational institutions with their native (non-Russian) language of instruction, who do not have sufficient training to conduct Russian language lessons;
teachers of the Russian language in rural elementary general education schools with 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.
5. Teachers, as well as teachers of educational institutions that implement educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions who have a norm of teaching hours for a salary rate of 720 hours per year), who, for reasons beyond their control, flow school year the study load is reduced in comparison with the study load established at the beginning of the academic year, until the end of the academic year, and also 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;
salary 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 teaching hours per week, established for the wage rate, and if they cannot be supplemented with other pedagogical work.
The specified pedagogical workers must be informed about the decrease in the teaching load during the academic year and about the additional workload with other pedagogical work no later than two months in advance.
6. Teachers of educational institutions that implement educational programs of primary vocational and secondary vocational education, for whom, for reasons beyond their control, during the academic year, the teaching load decreases compared to the teaching load established at the beginning of the academic year until the end of the academic year, as well as in vacation time that does not coincide with the annual main extended paid leave, wages are paid in the amount established during the billing at the beginning of the academic year.