Petition to reduce the teacher's category. Recommendations for establishing the teaching load of teachers and lecturers. IX. Guarantees for teachers and lecturers when the teaching load is reduced during the school year

Supervisor educational organization, a teacher of mathematics and physics by training, decided to stay only in teaching. The school has two mathematics teachers, the total curriculum load is 40 hours. The teacher wrote an application to provide him with a workload of 29 hours for the new school year, leaving the former leader with 11 hours. What is the right thing to do? How to write a refusal to change a teacher’s teaching load?

Answer

To change a teacher's teaching load, the employer's consent is required. If the employer does not agree to change the teaching load, then the teacher’s request in itself is not binding. No special grounds for refusal are required.

In accordance with the Procedure for determining the teaching load of teaching staff, stipulated in the employment contract (hereinafter referred to as the Procedure), approved. By order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601, the volume of the teaching load of teaching staff performing educational (teaching) work is determined annually at the beginning of the academic year (training period, sports season) and is established by local regulations of the organization carrying out educational activities.

At the same time, according to the Procedure, the volume of the teaching load of teaching staff established in the current academic year (training period, sports season) cannot be changed at the initiative of the employer for the next academic year (training period, sports season), except for cases of changing the teaching load of teaching staff in the direction of its reduction, associated with a decrease in the number of hours according to the curriculum, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (class sets).

The employer is obliged to notify teaching staff in writing about changes in the teaching load of a teacher (increase or decrease), as well as about the reasons that necessitated such changes, no later than two months before the proposed changes are made, except in cases where the change in the volume of teaching load carried out by agreement of the parties to the employment contract (Procedure).

Thus, if the number of students or classes is reduced, it is possible to change the terms of remuneration in two ways: by agreement of the parties or through written notification*.

The teacher was hired for 18 hours a week. the employment contract was drawn up for 18 hours a week. From March 1, the teacher’s workload will increase and will be 24 hours (but this is only possible for this academic year). How to format this correctly? Opinions vary. Are we making an additional agreement to the employment contract or are there other options?

Answer

Answer to the question:

To increase the workload, you need to draw up an additional agreement to the employment contract. If this change is made by agreement of the parties and for a certain period, then this must be reflected in the text of the agreement. In this case, the employee does not need to be notified 2 months in advance.

“Add clause _____ of the Employment Agreement dated ______ No. ________ with parts 2 and 3 as follows: For the period from 03/01/2016 to 08/31/2016, the employee was given an additional teaching load of 6 hours per week, due to the inclusion of ______ hours _ to _________________ in the individual curriculum. For pedagogical work or educational (teaching) work performed by a pedagogical worker with his written consent in excess of the established norm of hours for the wage rate, payment is made from the established wage rate in proportion to the actually determined volume of pedagogical work or educational (teaching) work

From September 1, 2016, the Employee’s workload is set to 18 hours.»

Details in the materials of the Personnel System:

Situation:How to set a teaching load for teaching staff

The volume of teaching workload for teaching staff is determined annually at the beginning of the school year and is established by a local act of the educational organization. Such local acts, as well as amendments to them, are adopted by the trade union or other representative body of employees.

The volume of teaching workload of a particular teaching worker should be fixed in his employment contract. Temporary or permanent changes in the teaching load specified in the employment contract of a teaching employee are permissible only by agreement of the parties. This applies to both increasing and decreasing the teaching load.

An educational organization cannot, on its own initiative, change in the current academic year the amount of teaching load that was established at the beginning of the academic year. Also, the organization cannot unilaterally change the workload established in the current academic year for the next academic year. However, in some cases such a change on the part of the employer is permissible. For example, if it is necessary to reduce the teaching load of teaching staff in general education organizations due to a decrease in the number of hours according to curricula and schedules, a reduction in the number of students, groups or classes.

The employer must notify the teaching staff in writing of all cases of changes in the teaching load and their reasons at least two months in advance. Such notification is not required when the teaching load changes by mutual agreement of the parties.

Alexander Zavgorodniy,

Associate Professor, Ph.D. Sc., Associate Professor, Department of Labor

Law Faculty of St. Petersburg State University

Material from the Personnel System
Ready-made solutions for personnel services at budget.1kadry.ru
Copy date: 02/25/2016

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert

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How to properly notify a teacher about a reduction in the teaching load for the new school year? What should the notification look like? Would it be correct to rely on Article 74 of the Labor Code of the Russian Federation?

Answer

Answer to the question:

According to Appendix 2 to the order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 temporary or permanent change (increase or decrease) in the volume of study load teaching staff compared to the teaching load specified in the employment contract, permitted only by agreement of the parties an employment contract concluded in writing, with the exception of changes in the teaching load of teaching staff in the direction of its reduction, provided for in clauses 1.5 and 1.6 of this Procedure (clause 1.7 of Appendix 2).

About changes in the volume of teaching load(increase or decrease), as well as the reasons that necessitated such changes, the employer is obliged to notify teaching staff in writing no later than two months in advance before the proposed changes are made, with the exception of cases when the change in the volume of the teaching load is carried out by agreement of the parties to the employment contract (clause 1.8 of Appendix 2).

How to set a teaching load for a teacher

The notification may look like this:

NOTICE NO. 12
on changing the terms of the employment contract

G. Moscow 06/01/2019

To the teacher
A.S. Kondratiev

Dear Alexander Sergeevich !

Guided by part two of article 74 of the Labor Code of the Russian Federation, clause 1.5. Appendix No. 2 to the order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 we inform you that in
due to the reduction in the number of students, classes, groups, reduction in the number of classes (class sets) Your teaching load for the 2019/2020 academic year will be reduced and will amount to ________________ hours (which corresponds to 0.5 rates).

If you do not agree to continue working under the new conditions, you will be offered a transfer
to another available in " _________________ » work. In the absence of the specified work, as well as in the event of your refusal of the offered work, the employment contract with you will be terminated in
in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation.

Please inform us about the decision taken before 24.08.2019 .

Director			A.V. Lviv

A copy of the notification received: teacher			A .WITH. Kondratiev
01.06.2019

To work in new conditions agree			A.S. Kondratiev
01.06.2019

Since, according to clause 1.4 of Appendix 2, the volume of teaching load established for a teaching employee is stipulated in the employment contract, in this case there is a change in the terms of the employment contract determined by the parties, which, in the absence of the employee’s consent, must be made in the manner established by Art. 74 Labor Code of the Russian Federation.

Therefore, you need:

Notify the employee in writing at least two months before the proposed changes about the change in the teaching load, and not the work schedule.
If the employee agrees with the upcoming changes, it is necessary to draw up an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation).
If the employee does not agree to work under the new conditions, the organization is obliged to offer him another job, including a lower-ranking one with lower pay, if the organization has suitable vacancies.
If an employee refuses to work in new conditions or there are no suitable vacancies in the organization, then the employment contract can be terminated due to refusal to continue work in new conditions on the basis of paragraph 7 of part 1 of Article 77 of the Labor Code of the Russian Federation with the payment of compensation (Part 3 of Art. 178 Labor Code of the Russian Federation). An employer can dismiss an employee due to refusal to continue working under new conditions only after two months have passed from the date of notification of a change in the terms of the employment contract. The law does not provide for the possibility of early dismissal.

For more details, see the materials of the Personnel System in answer No. 2.

Thus, in this case, dismissal is not due to layoff, but due to refusal to continue working under new conditions. In this case, there is no need to notify the employment service.

Details in the materials of the Personnel System:

The volume of teaching workload for teaching staff is determined annually at the beginning of the school year and is established by a local act of the educational organization. Such local acts, as well as amendments to them, are adopted taking into account the opinion of the trade union or other representative body of employees.

This is provided for in paragraphs 1.3–1.8 of Appendix 2 to Order No. 1601 of the Ministry of Education and Science of Russia dated December 22, 2014 and paragraph 4 of the Note to Appendix 1 to Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601.

Alexander Zavgorodniy,

Associate Professor, Ph.D. Sc., Associate Professor, Department of Labor Law, Faculty of Law, St. Petersburg State University

Answer: How to set a teaching load for teaching staff
Answer: How to make changes to an employment contract if they are caused by a change in organizational or technological working conditions in the organization

Changes to the employment contract for reasons related to changes in organizational or technological working conditions include, for example:

changes in technology and production technology, for example, the introduction of new equipment, technical regulations, which led to a reduction in the employee’s workload, as well as changes in the rules for operating equipment, improvement of workplaces ();
structural reorganization of production, for example, the exclusion of any stage of the production process, the introduction of new labor regimes, changes in the remuneration system in the organization as a whole, labor standardization systems, redistribution of tasks and areas of responsibility between structural divisions;

other changes in organizational or technological working conditions that led to a reduction in the employee’s workload.

However, it is prohibited to change employees.

If the additional agreement is not executed in a timely manner, but the employee continues to work under the new conditions after notification of the changes, this means that the employee has actually agreed to such changes. The legality of this approach is confirmed by the courts (see, for example,).

If the employee does not agree to work under the new conditions, the organization is obliged to offer him another job, including a lower-ranking one with lower pay, if the organization has suitable vacancies. An employee should only be offered vacancies that are available to the employer in the given area. Job vacancies in other locations should be offered only if this is provided for in a collective (labor) agreement or other agreements. This procedure is enshrined in Article 74 of the Labor Code of the Russian Federation.

If the employee refuses to work under the new conditions or there are no suitable vacancies in the organization, then the employment contract can be terminated:

on reduction on the basis of Part 1 of Article 81 of the Labor Code of the Russian Federation - if we are talking about changing the working regime, namely the introduction of a part-time regime ();
in connection with the refusal to continue work in new conditions on the basis of Part 1 of Article 77 of the Labor Code of the Russian Federation also with – in all other cases ().

An employer can dismiss an employee due to refusal to continue working under new conditions only after two months have passed from the date of notification of a change in the terms of the employment contract. The law does not provide for the possibility of early dismissal. A similar position is reflected in and confirmed by judicial practice. See, for example,. The only option is to come to an agreement with the employee and formalize the dismissal earlier, but on a different basis, for example, by paying an attractive amount of compensation.

The following employees can be dismissed due to refusal to continue working under new conditions on the basis of Part 1 of Article 77 of the Labor Code of the Russian Federation:

When dismissing an employee due to refusal to work under new conditions, in case of a dispute with the employee, the employer must have evidence that will confirm that the change in the terms of the employment contract was a consequence of changes in organizational or technological working conditions. This is stated in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and connect one with the other, then a change in the terms of the employment contract, and therefore the dismissal of employees who refused to continue working in new conditions may be considered illegal. The courts also point to this, see, for example,.

Question from practice: is it possible to fire a pregnant employee or a teenager for refusing to continue working under new conditions. New working conditions are associated with technological and organizational changes

Yes, you can.

Dismissal due to an employee’s refusal to continue working under new conditions on the basis of Part 1 of Article 77 of the Labor Code of the Russian Federation refers to the termination of the employment contract and does not apply to dismissal under (Article, Labor Code of the Russian Federation). This means that those that apply to the dismissal of employees at the initiative of the employer do not apply to dismissal on the basis in question.

The legality of this approach is also confirmed by the courts. See, for example,.

Question from practice: is it possible to fire an employee for refusing to continue working under new conditions, in the presence of organizational or technological changes, during his illness or vacation?

27.01.2011

V. Lukhovitsky

Can an employment contract specify a workload of less than 18 hours?

Can the rate change during the term of the employment contract?

Is part-time work (less than pay) included in the length of service?

Distribution of hours and wages for pensioners (should we give preference to young people?)

Can a young professional claim a full salary at the expense of a retiree’s hours?

Can a retiree transfer some of his hours to a young teacher?

Redistribution of hours between teachers.

They are reducing the load - is it possible to fight this?

They reduce the workload - they require you to sign a statement of consent, otherwise they threaten to fire you.

They relieve the workload and report it late (August 31) - are they obliged to keep the same salary for another 2 months?

Does the employer have the right to reduce the number of billable hours in the middle of the year retroactively?

There are not enough hours to reach the full rate, the teacher refuses to work part-time, he is given electives, but not paid for them (called additional pedagogical work).

How can the director replace (supplement) the hours before the rate?

Review of legislation

Study load volume

In Russian legislation, the teaching load is the only quantitative component of the labor function that a teacher performs, therefore the volume of the teaching load refers to the mandatory conditions of the employment contract.

When concluding an employment contract, the teacher undertakes to work with the agreed volume of teaching load, and the employer, for the entire duration of the employment contract, is obliged to provide the teacher with the volume of teaching load stipulated in it.

If for some reason the employment contract does not indicate the volume of the teaching load, then it is considered that the teacher works with the volume of the teaching load that was established for him by order of the director when hiring.

According to clause 66 of the Model Regulations on a General Education Institution, the volume of teaching workload for teaching staff is established based on the number of hours in the curriculum and training programs, staffing levels, and other working conditions in a given general education institution.

According to clause 4.3 of the Letter of the Ministry of Education and Science of the Russian Federation and the Trade Union of Public Education and Science Workers of the Russian Federation N AF-947/96, teachers are rated once a year, but separately by half-year, if the curriculum for each half-year provides for a different number of hours per subject.

The widespread opinion among teachers that an employment contract cannot indicate a teaching load less than the rate is, unfortunately, not true. With the written consent of the employee, the load volume can be any. Perhaps the confusion in this matter is due to the fact that the right to a long-service pension depends on the workload. Starting from September 1, 2002, periods of activity are counted towards the length of teaching work provided that the employee fulfills (in total for the main and other places of work) the standard working hours established for the wage rate.

Changing the study load

The amount of academic workload established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the employer, with the exception of cases of reducing the number of hours in the curriculum and training programs, or reducing the number of classes. Only cases can be attributed to “reasons associated with changes in organizational or technological working conditions.” This norm also applies to the situation of reducing the load for the next year.

In other cases, any temporary or permanent change (increase or decrease) in the volume of teaching load for teachers, as well as a change in the nature of the work, is possible only by mutual agreement of the parties.

This means that the heads of educational institutions do not have the right, without the written consent of teachers (including young specialists and teachers receiving a retirement pension), to allow a reduction in their teaching load in connection with the hiring of other teachers (including part-time teachers). It is also impossible to arbitrarily redistribute the teaching load between teachers, or provide teaching work to persons performing it in addition to their main work in the same school (primarily this concerns school administration).

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

Taking into account that the employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the terms of the employment contract, which are allowed without the consent of the employee, as well as about the reasons that necessitated the need for such changes, determining for teachers the volume of teaching load for the new school The year must also be completed at least two months before its start.

The most rational way is to distribute the teaching load of teachers before they go on vacation.

Temporary increase in load

Study load for a certain period, incl. only for the academic year, can be established in the following cases:

to fulfill the teaching load of teachers on parental leave;

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

to perform temporary teaching work, which was previously performed by a permanent teacher, with whom the employment relationship has been terminated, and in whose place the employer intends to invite another permanent employee.

It is necessary to take into account that an increase in the teaching load to replace a temporarily absent teacher is a temporary transfer to a job not stipulated by an employment contract with the same employer, requires the consent of the employee and is formalized by a written agreement of the parties to the employment contract.

Without the employee's consent, replacing a temporarily absent employee for a period of up to one month is allowed only if this is caused by emergency circumstances.

According to Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, along with the work specified in the employment contract, extra work in another profession for additional pay.

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

Guarantees for certain categories of teachers who cannot be provided with a teaching load in full, as well as if it is reduced during the academic year

The following guarantees are established for teachers:

1. Teachers who cannot be provided with a full teaching load are guaranteed payment of the salary rate in full, provided they are supplemented with other teaching work to the established standard hours in the following cases:

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

teachers of grades 1-4 in rural general education institutions with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons;

Russian language teachers in rural primary secondary schools with non-Russian language of instruction;

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

Primary school teachers have the right to teach these subjects themselves, incl. with appropriate additional payment for teaching hours exceeding 20 hours per week.

The administration is obliged to supplement such teachers with other teaching work up to the established standard hours. This may include working in an after-school group, conducting clubs and electives, individual lessons at home, replacing absent teachers, performing part or full work on classroom management, checking written work, extracurricular work and other pedagogical work.

Transfer of teaching to primary school other subjects (for example, labor lessons) without the consent of teachers are not allowed.

2. Teachers whose teaching load is reduced during the academic year for reasons beyond their control are paid until the end of the academic year:

wages for the actual number of hours if the remaining workload is higher than the established rate;

salary in the amount of the rate, if the remaining workload is below the established rate for the rate and if it is impossible to supplement them with other teaching work;

salary established before the teaching load was reduced, if it was set below the standard rate and if it is impossible to load them with other teaching work.

The employment contract with these employees cannot be terminated until the end of the academic year, regardless of the amount remaining after the reduction of the teaching load, even if it is completely absent.

Employees must be notified in writing of a reduction in the workload by the employer no later than two months in advance, during which the employee is paid wages in the same amount (despite the fact that the workload will no longer be carried out in the same amount during the period after the notification) .

Main legal problem is that the right to place personnel falls within the competence of the educational institution, that is (usually) the director. Russian legislation does not have any standards for determining the number of teachers in various specialties; the number of teachers is established based on the volume of teaching load in the specialty. This is precisely what the employer refers to when inviting new teachers to work (although the hours could be distributed among old employees), arbitrarily changing the teaching load and thereby provoking envy and mistrust between employees.

But labor relations are not regulated by Article 32 of the Law “On Education”. There are norms of the Labor Code, there is Decree of the Government of the Russian Federation No. 191 and other regulations discussed above. So the main thing is to learn how to effectively use them when protecting your rights.

From this point of view, Art. 135 of the Labor Code of the Russian Federation, according to which local regulations establishing remuneration systems are adopted by the employer taking into account the opinion of the representative body of workers (for example, a primary trade union organization or a special commission elected at a general meeting of the workforce).

Major violations by employers

1. Unreasonable redistribution of teaching load between teachers.

2. Unreasonable reduction of the teaching load in the current academic year.

3. Illegal limitation of the “ceiling” of the teaching load by the school administration or educational authorities.

4. In the absence of a free teaching load, hiring other teachers by illegally reducing the teaching load of teachers in a given school.

5. Unreasonable and illegal (without the employee’s consent) reduction of the teaching load for teachers receiving a long-service pension.

6. Violation of guarantees for certain categories of teachers who cannot be provided with a full teaching load.

7. Violation of guarantees for teachers whose teaching load is reduced during the school year for reasons beyond their control.

Methods of protection

1. Prevention of violations.

The main thing is not to provoke the employer to violate your rights. The easiest way is to clearly define the rules of the game from the very first meeting. If there is an honest person in front of you, he will not be offended by your fair demands. If the director is a potential violator of your rights, he will understand that in this case he will have to deal with a legally competent person. The authorities respect and fear a legally competent person; they prefer not to mess with him. The director and head teachers are not always strong in legal matters and understand that it is better not to quarrel with the “hook-maker”, but to use his knowledge “for peaceful purposes”, for the benefit of the school.

First of all, you need to carefully read and make the necessary changes and additions to the employment contract and job description(if you have one), which contains an exact list of your responsibilities, first of all, your teaching load. This way, for the first time, you will record the number of hours that suits you and protect yourself from arbitrary changes in load.

If there are no instructions, the employer must understand that you paid attention to this violation.

2. Psychological preparation.

What prevents a teacher from calmly pointing out to the employer the illegality of his actions? A few common opinions.

Firstly, it is “indecent” for a teacher to think about hours and salary - he is supposed to work for free.

Secondly, the school is our home, we are one family, and it is not customary to speak with the head of the family (the director) in the language of the law.

Thirdly, it is useless to fight - you won’t achieve anything anyway, the bosses will always be right.

Fourthly, none of the colleagues will support, teachers are not capable of any forms of solidarity and self-organization.

Until you recognize that these statements are nothing more than stereotypes common among teachers, you should not consider taking any real action to protect your labor rights.

The only serious question you need to consider before you start fighting for the hours you need is the question of whether (in a worst-case scenario) you face actual unemployment. The answer depends on many factors: your professional status, relationships in the team, the level of teacher unemployment in your locality (region). Just a few years ago, one could safely say that a teacher in the city would not be left without a job, but with the introduction of the NSOT and per capita financing, the situation changed dramatically. The main thing now is whether your colleagues will support you?

3. Protection - individual and collective.

If you believe that any of the above violations are occurring, you should proceed as follows:

A). Make sure the information is accurate. For example, your colleague told you during a break that in the new school year the director plans to hire three part-time teachers, for this purpose reducing the hours of work for all permanent teachers. For now, this is not a fact, but an opinion expressed by one person that needs to be verified. Under no circumstances start with loud statements, do not rush to bring the director to light.

B). Accurately qualify the violation (see above for the list of the most common violations) and study the relevant regulations. The administration is not impressed by general discussions about injustice - precise wording of laws is needed.

IN). Find like-minded people among teachers and discuss the situation with them. If your school has a real (that is, ready to defend the rights of workers!) trade union organization, contact the trade union.

You must do all this before you take open steps to protect the violated right. Followed by:

G). Talk (necessarily in the presence of witnesses) with the director. Explain that your goal is to find a solution that suits both parties: both the administration and the employees. For example, if the director is sure that the school will not be able to develop without the arrival of new teachers, you can try to find a compromise on both their number and teaching hours.

D). Hold a meeting of the labor collective (trade union meeting), at which to select a commission to negotiate with the director on the distribution of the workload and the hiring of part-time workers. If your colleagues do not want to support you, you will have to immediately contact the Labor Inspectorate and the Prosecutor's Office (see sample complaint in the Appendix).

E). If the director does not want to discuss the problem with representatives of the labor collective, the trade unionist must file a complaint with the prosecutor's office (see sample complaint in the Appendix). At this stage, it is absolutely necessary to find a sympathetic lawyer - you may need his help.

AND). If the prosecutor’s office does not support your fair demands, you will have to simultaneously act in three directions:

Write a complaint to a higher authority against an employee of the prosecutor’s office who did not resolve your case on the merits (see the sample application in the Appendix).
Discuss with colleagues what methods of defense they are ready to resort to (including various options for strikes).
Take the conflict beyond the school threshold and make the problem socially important.

Judging by the results of teachers' protest performances of the last school year, with strong support from the media and public opinion formed by the media, teachers can protect their labor rights.

Prosecutor's office ..... district .... region

I work as a teacher at school No. ... g.... According to officially unconfirmed information, the school administration plans to hire teachers ... starting from the next academic year. part-time items.

Such actions by the administration will inevitably lead to a reduction in the teaching load (and, consequently, wages and other social guarantees) for already working teachers, which certainly violates their and my rights, including.

In addition, hiring part-time workers in this case will contradict paragraph 2 of the Resolution of the USSR Council of Ministers dated December 10, 1959 No. 1367 “On the limitation of part-time employment” (as amended by the Resolution of the USSR Council of Ministers dated August 10, 1990 No. 800 “On the invalidation of certain Government decisions USSR on part-time issues"), since, firstly, the persons hired do not have extensive experience and high qualifications, and secondly, the specified work can be performed by already working teachers who are not employed in another job.

I ask you to take prosecutorial response measures.

signature date.

To the prosecutor... region (region, republic, etc.)

from full name

m\living

teachers of school no.... G…..

Statement

I ask you to reconsider the decision made by the prosecutor's office.... district on the issue of reducing my standard teaching load for .....\ ... academic year.

I believe that the decision of the school administration contradicts the current legislation, since the reduction in the workload was due to the hiring of part-time workers, which is not allowed when the existing volume of work responsibilities can be performed by full-time employees.

Attachment: copy of the response from the district prosecutor's office

signature date.

Clause 6 Art. 55Law “On Education”, Part 2 of Art. 333 Labor Code of the Russian Federation

Decree of the Government of the Russian Federation of March 19, 2001 N 196

Art. 74 TR CF, see chapter “Employment contract”

The most famous are strikes in Astrakhan and Ulyanovsk, protests in Bratsk and the Altai Republic.

Trade Union of Public Education and Science Workers Russian Federation
CENTRAL COUNCIL

LETTER

The Central Council of the Trade Union of Public Education and Science Workers of the Russian Federation continues to receive appeals from trade union organizations, as well as from teachers and professors of educational institutions implementing general educational programs, educational programs of primary and secondary vocational education, regarding the unlawful actions of the heads of educational institutions when setting their teaching load for the new academic year.

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

Along with these violations, the heads of educational institutions, in the absence of a free teaching load, hire other teachers and lecturers by illegally reducing the teaching load of teachers and teachers of a given educational institution. It is also allowed to unjustifiably reduce the teaching load without their consent on the grounds that they are receiving an early retirement pension.

In addition, employers do not always provide guarantees for wages in the amount of the wage rate in full, established by Order of the Ministry of Education and Science of the Russian Federation dated December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of pedagogical workers ", adopted to replace the Decree of the Government of the Russian Federation of 04/03/2003 N 191, for individual teachers who cannot be provided with a full teaching load, as well as teachers and teachers of educational institutions implementing educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions for which the standard hours of teaching work have been established for a salary rate of 720 hours per year), for which, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the teaching load established at the beginning of the academic year.
________________
See Official Documents in Education. - 2011. - N 7. - P. 13-18. - Ed.

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

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

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

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

Chairman of the Trade Union
G. Merkulova

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

I. Regulatory framework for establishing teaching load for teachers and lecturers

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

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

- Law of the Russian Federation "On Education";

- Model regulations on a general education institution, approved by Decree of the Government of the Russian Federation of March 19, 2001 N 196 “On approval of the Model regulations on a general education institution” (with amendments and additions);
________________
See Official Documents in Education. - 2001. - N 11. - P.16-31. - Ed.

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

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

- Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” ( Further- order of the Ministry of Education and Science of Russia N 2075);

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

- Resolution of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (hereinafter referred to as Resolution of the Ministry of Labor of Russia N 41).
________________
See Official Documents in Education. - 2003. - N 25. - P.53-55. - Ed.

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

The need to indicate in the employment contract of teaching staff the volume of teaching load is determined by the Law of the Russian Federation “On Education” (clause 6 of Article 55) and the Labor Code of the Russian Federation (as amended) (Part 2 of Article 333).

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

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

If for some reason there is no written employment contract with a teacher or instructor, or the volume of teaching load is not specified in it, then it is considered that the teacher and lecturer work with the volume of teaching load that was established for them by order of the head of the educational institution upon admission to work, and changing the teaching load in the current academic year or for the next period at the initiative of the employer is allowed only in those cases specified in Section IV of these Recommendations.

The staffing of teachers, as well as teachers of educational institutions in which educational programs of primary and secondary vocational education are implemented, has a characteristic feature, which is that neither the standard staff previously used as an example, nor the independently approved staffing schedules of institutions provide standards for determining the number of teachers and teachers of various educational subjects, specialties (courses, disciplines).

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

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

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

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

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

III. Upper limit of study load

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

It should be noted that the Model Regulations on a General Educational Institution do not provide for cases related to any restrictions when setting teaching loads for teachers, whereas, for example, in the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Government Decree RF dated 18.07.2008 N 543, and in the Model Regulations on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation dated 14.07.2008 N 521, it is determined that the teaching load for the academic year for teaching staff, stipulated in the employment contract, should not exceed 1440 academic hours.

It is necessary to take into account that the teaching load of 1,440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the standard teaching hours for one wage rate is 720 hours of teaching per year.

It follows from this that decisions of educational authorities and other executive authorities providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers to up to 1,440 hours per year, are unlawful.

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

At the same time, the absence of a regulatory framework for establishing an upper limit on the teaching load that can be performed by teachers in the same educational institution, as well as the presence of an upper limit on the teaching load for teachers in the amount of 1440 hours per year does not mean that a maximum volume cannot be established teaching load when these teaching staff work part-time in other educational institutions, since teaching work for these categories of workers in the same educational institution in accordance with subparagraph “h” of paragraph 2 of Resolution of the Ministry of Labor of Russia No. 41 is not considered part-time work.

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

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

It should also be taken into account that the duration of part-time work provided for in paragraph seven of subparagraph “b” of paragraph 1 of Resolution No. 41 of the Ministry of Labor of Russia, which was 16 hours a week for teaching staff, should not be applied as contrary to Article 284 of the Labor Code of the Russian Federation as amended by the Federal Law of June 30. 2006 N 90-ФЗ.

IV. The procedure for establishing and changing the teaching load

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

In accordance with paragraph 66 of the Model Regulations on a General Educational Institution, the volume of teaching workload for teachers is established based on the number of hours in the curriculum and training programs, staffing levels, and other working conditions in a given general education institution.

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

The volume of the teaching load established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the administration (employer), with the exception of cases of reducing the number of hours in the curriculum and training programs, or reducing the number of classes.

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

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

According to established practice, the volume of teaching load of teachers of general education institutions, except for teachers of evening (shift) secondary general education schools (classes) with full-time and correspondence courses, correspondence schools, as well as teachers teaching classes with children undergoing long-term treatment in a hospital, is determined once a year separately by half-year.

The teaching load of teachers of evening (shift) secondary general education schools (classes) with full-time and part-time education, as well as teachers teaching children undergoing long-term treatment in a hospital, is determined twice a year at the beginning of the first and the beginning of the second academic half-year.

The volume of the teaching load established in the current academic year for the next academic year can be reduced at the initiative of the administration (employer) also only on grounds related to a reduction in the number of hours in the curriculum and training programs, or a reduction in the number of classes.

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

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

In order to preserve for teachers of educational institutions implementing educational programs of primary and secondary vocational education, the stability of the legal regulation of the issues of establishing the teaching load, as well as the calculation of their salaries depending on the actual volume of the teaching load, the features of establishing the teaching load of these teachers are enshrined in the Industry Agreement on Organizations , administered by the Ministry of Education and Science of the Russian Federation, for 2012-2014, concluded between the Ministry of Education and Science of the Russian Federation and the All-Russian Trade Union of Education on February 22, 2012 (Appendix 1).

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

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

The volume of the teaching load established for the teacher when concluding an employment contract cannot be reduced without his consent at the initiative of the employer for the next academic year, with the exception of cases of reduction in the number of students (students) and hours in curricula and programs.

The teaching load is not planned on general weekends and holidays.

For teachers who are on annual leave after the start of the academic year (for example, in cases where they worked in the admissions committee during the summer), the teaching load is established based on its volume for the full academic year, taking into account which the average monthly salary is determined, with subsequent applying conditions for its reduction.

Before the start of the academic year, the average monthly salary of teachers is determined by multiplying the teacher’s hourly rate by the annual teaching load assigned to him and dividing the resulting product by 10 academic months.

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

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

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

Teachers hired before the start of the academic year are paid based on the monthly salary rate established for the teacher.

When the wage rate increases, the average monthly wage is determined by multiplying the new hourly rate by the annual workload established at the beginning of the academic year during tariffication, and dividing the resulting product by 10 academic months.

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

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

If the substitution continues continuously for more than two months, then from the date of its start the average salary of teachers is recalculated based on the specified volume of the teaching load in the manner prescribed for teachers who entered work during the academic year.

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

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

If in an educational institution the educational process continues throughout the entire calendar year and annual leave for teachers in this regard can be granted in various months of the year, and not only during summer holidays, there is also no reduction in the teaching load during annual leave for the current academic year.

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

Teachers of secondary vocational education institutions whose teaching load, for reasons beyond their control, decreases during the academic year compared to the teaching load established at the beginning of the academic year, until the end of the academic year, are paid a salary in the amount established during the tariff calculation at the beginning of the academic year.

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

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

Taking into account that the employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the terms of the employment contract that are determined by the parties, which are permitted without the consent of the employee, as well as about the reasons that necessitated the need for such changes, determining the scope of training for teachers and lecturers. loads for the new academic year must be carried out before they go on vacation, so that they know what academic load they will work with in the new academic year.

If for the new academic year, teachers and lecturers are not given a teaching load at the end of the academic year, but only after they return from vacation, then if it is impossible to provide them with the same amount of teaching load in the new academic year for the reasons stated above, the employer must retain the previously received amount of payment. labor for at least two months (i.e. during the period during which he is obliged to notify the employee about a change in the workload).

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

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

V. Establishing the teaching load for teachers and lecturers on parental leave until the child reaches the age of three years

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

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

Providing teachers and teachers with other pedagogical work (for example, teachers - work as an after-school teacher, an additional education teacher) in exchange for the previously existing teaching load in the academic subject (subjects), courses, academic disciplines it is not an equivalent replacement, and also does not ensure the employer’s compliance with the provisions of Article 256 of the Labor Code of the Russian Federation.

VI. Establishing the teaching load for teachers and professors for a certain period of time

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

- to fulfill the teaching load while teachers are on maternity leave;

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

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

It is necessary to take into account that an increase in the teaching load for a teacher or lecturer to replace a temporarily absent employee in connection with changes made to the Labor Code of the Russian Federation by Federal Law of June 30, 2006 N 90-FZ, is actually a temporary transfer to a job not stipulated by an employment contract for the same employer. In accordance with Part 1 of Article 72.2 of the Labor Code of the Russian Federation, such a temporary transfer requires the consent of the employee and is formalized by a written agreement of the parties to the employment contract.
________________
See Official Documents in Education. - 2006. - N 27, 28. - Ed.

Thus, the previously existing provision in the Labor Code of the Russian Federation, according to which the employer could, without the consent of the employee for a period of up to one month “due to production necessity,” attract an employee to replace an absent employee, is currently limited only to cases caused by emergency circumstances, an exhaustive list of which specified in Part 2 of Article 72.2 of the Labor Code of the Russian Federation.

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

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

Reducing the teaching load of teachers carrying out the specified work, at the initiative of the employer, is possible only for the reasons established by paragraph 66 of the Model Regulations on a General Educational Institution, in compliance with the procedure and warning periods provided for in Article 74 of the Labor Code of the Russian Federation.

The onset of the holiday period for children studying at home is not a basis for reducing the teaching load and salaries of teachers, including in cases where a medical certificate about educating a child at home was issued only until May 31, since the issued certificate corresponds only to the end of the school year , which ends for all students too.

If a teacher who, in accordance with a medical report, is teaching a child at home, the teaching load for reasons beyond his control decreases during the school year compared to the teaching load established during the tariff (for example, the student is sent to a specialized institution or the term is not extended his education at home for the subsequent period), then such a teacher is subject to the guarantees that will be discussed in Section IX of these Recommendations.

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

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

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

- teachers of grades I-IV when transferring the teaching of foreign language lessons, music, fine arts and physical education to specialist teachers;

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

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

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

For example, if in grades I-IV the transfer of teaching to specialist teachers is the number of hours provided curriculum for conducting lessons in a foreign language, music, fine arts and physical education, has led to a reduction in the teaching load of primary school teachers, and the remaining teaching load is less than 18 hours per week, then these teachers must be paid a salary in an amount not lower than the monthly wage rate when subject to their additional workload up to the established standard hours (i.e., up to 18 hours per week) with other teaching work.

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

Thus, if the form of additional workload for primary school teachers up to the established weekly standard of hours is teaching work in an extended day group ( Further- GPA), then in order to retain the full rate of wages established for the position of a teacher, this work should not exceed the number of hours per week, which is not 18 hours, regardless of what standard hours of teaching work per week the rate is set for salaries for GPA teachers.

If, for example, teachers of grades I-IV who do not teach individual academic subjects (from among the above-mentioned academic subjects) have a remaining teaching load of 14 hours per week, then the employer has the right to guarantee payment of the teachers’ salary in full. load them with other teaching work only in an amount not exceeding 4 hours per week.

In the event that primary school teachers, as GPD teachers (with their consent), perform pedagogical work in an amount exceeding the number of hours necessary to increase their workload to the established norm of hours per week for the wage rate, then the additional time they worked as GPD teacher (i.e., in excess of 4 hours a week, which in the given example the teacher had to work without additional payment for additional workload up to 18 hours) is subject to additional payment in the manner and on the terms established for the GPD teacher, keeping in mind that The salary rate for GPD teachers is set for 30 hours per week.

If the school has not created the necessary material base to carry out the teaching of the above subjects by specialist teachers or such specialist teachers are absent, as well as in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, including with appropriate additional payment for hours of teaching work exceeding 18 hours a week.

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

IX. Guarantees for teachers and lecturers when the teaching load is reduced during the school year

Teachers, as well as teachers of educational institutions implementing educational programs of secondary vocational education with a pedagogical orientation (with the exception of educational institutions with a pedagogical orientation, applying the norm of 720 hours of teaching work per wage rate), for whom, for reasons beyond their control, the teaching load is reduced during the academic year in comparison with the academic load established at the beginning of the academic year, until the end of the academic year, as well as during vacations that do not coincide with the annual main extended paid leave, the following is paid:

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

- wages in the amount of a monthly rate, if the volume of the teaching load before it was reduced corresponded to the standard hours of teaching work per week established for the wage rate, and if they cannot be loaded with other teaching work;

- wages established before the teaching load was reduced, if it was set below the standard hours of teaching work per week established for the wage rate, and if they cannot be loaded with other teaching work.

Guarantees of maintaining wages for teachers and lecturers in these cases actually mean that the employment contract with these employees cannot be terminated until the end of the school year, regardless of the amount remaining after the reduction of the teaching load, even in its complete absence.

Employees must be notified in writing of a reduction in the workload by the employer no later than two months in advance, during which the employee is paid wages in the same amount (despite the fact that the same amount of workload will no longer be carried out during the period after the notification).

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

Clause 6 of the notes to the appendix, approved by order of the Ministry of Education and Science of Russia N 2075, establishes that teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education, for whom, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the teaching load, established at the beginning of the academic year, until the end of the academic year, as well as during vacations that do not coincide with the annual basic extended paid leave, wages are paid in the amount established during tariffication at the beginning of the academic year.

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

The volume of teaching workload for teachers is the basis for determining the amount of their remuneration and is included as a necessary element in the remuneration system for teaching staff.

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

The establishment of the teaching load for the new academic year is carried out by a local regulatory act of the educational institution (order, decree), which is adopted taking into account the opinion (by agreement) of the elected body of the primary trade union organization.

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

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

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

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

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

Electronic document text
prepared by Kodeks JSC and verified against:
Official documents in education.
Bulletin of normative legal acts,
N 23, August 2012

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