Part-time and combining teaching staff. Peculiarities of additional work and part-time work by teachers

RESOLUTION

ABOUT THE PECULIARITIES OF PART-TIME WORK

PEDAGOGICAL, MEDICAL, PHARMACEUTICAL

WORKERS AND WORKERS OF CULTURE

In accordance with Article 282 of the Labor Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, N 1, Part I, Art. 3) and Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the Peculiarities of Part-time Pedagogical, Medical , pharmaceutical and cultural workers" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 15, art. 1368) The Ministry of Labor and Social Development of the Russian Federation, in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, decides:

1. Establish the following features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers:

A) these categories of employees have the right to carry out part-time work - the performance of other regular paid work on the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, profession, and in cases when a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by the regulatory legal acts of the Russian Federation);

B) the duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

for medical and pharmaceutical workers - half of the monthly norm of working hours, calculated from the established duration of the working week;

for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;

for doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by the federal executive authorities, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local governments - in the manner determined by the bodies state authorities of the constituent entities of the Russian Federation or local governments;

for junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;

For pedagogical workers (including coaches, teachers, trainers) - half of the monthly norm of working time, calculated from the established duration of the working week;

For pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week;

For cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week;

c) the pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours, while maintaining wages at the main place of work.

2. For the categories of workers specified in paragraph 1 of this Decree, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

C) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

e) management of graduate and doctoral students by employees who are not on the staff of the institution (organization), as well as the management of a department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

To what extent can a school teacher keep teaching hours at another school? And does it depend on the volume of the study load at the main place of work?

What is a part-time job?

Work under a part-time contract involves the performance of labor duties in free time from the main job and the receipt of wages. Part-time work can be carried out on weekends, during holidays or after hours.

In accordance with the part-time work, the following features are established:

Part-time employment can be internal and external (with one employer and with different ones)

Pedagogical workers have the right to carry out part-time work - the performance of other regular paid work on the terms of an employment contract in their free time from their main job at their main place of work or in other organizations, including in a similar position, specialty, profession, and in cases where reduced working hours (with the exception of work for which sanitary and hygienic restrictions are established by the regulatory legal acts of the Russian Federation).

When working part-time, an ordinary employment contract is concluded between the employee and the employer, which guarantees the employee the fulfillment of all obligations on the part of the employer, including the provision of vacation.

An external part-time job allows an employee to carry out his duties with another employer, while having the main place of work. In order to get a part-time job in another organization, the consent of the head at the main place of work is not required. The law allows you to have an unlimited number of such additional jobs, the main thing is that the employee can combine them. The accounting of working time is kept by each employer separately and is not subject to joint accounting (Article 91 of the Labor Code of the Russian Federation).

Internal part-time work is the type of activity that the employee carries out at the main place of his work in his spare time. To do this, the employee must give his written consent and conclude a second employment contract with the employer. As soon as the term of this agreement expires, the internal combination is terminated.

If a part-time worker replaces another specialist, then a fixed-term employment contract may be concluded with him.

The length of the working time of the teacher when working part-time

The duration of part-time work during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed

• for teachers - half of the monthly norm of working time, calculated from the established duration of the working week (i.e. for teachers 18 hours a week) (Article 284 of the Labor Code of the Russian Federation) .;
• for teachers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;

Part-time work possible

Pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours with the preservation of wages at the main place of work.

The following types of work are not considered part-time and do not require the conclusion (execution) of an employment contract:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

e) management of graduate and doctoral students by employees who are not on the staff of the institution (organization), as well as the management of a department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work by managers and other employees of educational institutions, leadership of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in subparagraphs "b" - "h" is allowed during the main working hours with the consent of the employer.

Is it mandatory to record a part-time job in the work book?

When applying for a part-time job, you do not need to present a work book, and the employer does not have the right to demand it. At the request of the employee, a record of part-time work can be entered in the work book, in which case the employee must bring the relevant certificate to the main place of work.

Comment
to regulatory legal acts regulating part-time work, when combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee in educational institutions

The forms of labor organization used in labor relations with employees of educational institutions, such as part-time employment, combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee, have their own fundamental differences and regulatory features, which, unfortunately, are not are always taken into account by employers when deciding on the placement of personnel.
There are still cases when an employee actually performs part-time work in the same educational institution, that is, works outside the main working hours with payroll based on the salary for the second position, but the employment relationship is not formalized properly. The employer, instead of concluding another employment contract with the employee on part-time work, is limited, as a rule, to issuing an order to allow part-time work.
The employment contract with the employee does not reflect in any way the performance of work by him in the order of combining professions (positions), expanding service areas or increasing the volume of work.
This commentary aims to provide detailed explanations of all the differences and features of the application of these forms of organization of work in educational institutions, including in relation to teaching staff.
It should be noted that at present, the issues of attracting employees to work part-time, combining professions (positions), expanding service areas, increasing the volume of work, fulfilling the duties of a temporarily absent employee are mainly regulated by the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 of the year No. 90-FZ, which entered into force on October 6, 2006) (hereinafter abbreviated as the Labor Code of the Russian Federation).
In addition, in accordance with the Decree of the Government of the Russian Federation dated April 4, 2003 No. 197 “On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”, the features of part-time work for these categories of workers are determined by a decree of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 No. 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (registered by the Ministry of Justice of Russia on August 7, 2003. Registration No. 4963) (hereinafter referred to as the Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41).

I. REGULATION OF THE LABOR OF PERSONS WORKING PART-TIME
When using such a form of labor organization as part-time work, it is necessary to proceed from the fact that part-time work is the performance by an employee of other regular work on the terms of an employment contract in his free time from his main job. It follows from this, for example, that when an employee in the same institution performs work in another full-time position, in the order of internal combination, another employment contract must be concluded with him.
The regulation of the labor of persons working part-time in the Labor Code of the Russian Federation is provided for in articles 11 (regulation of the features of part-time work), 59 (the possibility of concluding a fixed-term employment contract with a part-time job), 60¹ (on the right to perform part-time work, both internal and external), 65 (documents presented when applying for a part-time job), 66 (on an entry in the work book of part-time work), 229 (formation of commissions to investigate accidents with part-time employees), 276 (work of a part-time manager with another employer), 282-288 (peculiarities of labor regulation of persons working part-time: working hours, pay, vacation, guarantees, additional grounds for termination of an employment contract), 321 (leaves for persons working part-time in the regions of the Far North and in areas equated to them ), 329 (prohibition of part-time work related to the management of trade by means of transport, for employees whose work at their main place of work is related to driving vehicles), 332 (cases of replacement of scientific and pedagogical workers without being elected by competition when hiring part-time workers), 350 (duration of part-time work of medical workers).

Conclusion and termination of an employment contract on part-time work
When concluding an employment contract for part-time work, it is necessary to be based on the new article 60¹ of the Labor Code of the Russian Federation, which defines the concept of part-time work, distinguishes part-time work into internal (with the same employer) and external (with another employer).
In accordance with this article, an employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job, both with the same employer in the order of an internal part-time job, and (or) with another employer in the order of an external part-time job.
At the same time, attention should be paid to the fact that Article 98 of the Labor Code of the Russian Federation was declared invalid, according to which, until October 6, 2006, internal part-time employment was allowed only in a different profession (position), because of which the employer did not have the right to attract the procedure for internal combination of employees by profession and position having the same name. For example, with an assistant educator, laboratory assistant, engineer, and even with a cleaner of office premises, it was impossible to conclude another employment contract at the main place of work on part-time work in a similar position (profession), which created unreasonable additional difficulties in ensuring the normal operation of educational institutions or led to violations of the law.
An exception was established only for pedagogical, medical, pharmaceutical workers, as well as cultural workers, since the Labor Code of the Russian Federation provided for them to establish the features of part-time work.
For example, in accordance with Article 333 of the Labor Code of the Russian Federation, pedagogical workers were allowed to work part-time in a similar position. Now Art. 333 of the Labor Code of the Russian Federation does not contain this exception, since, in general, restrictions on part-time work in a similar profession (position) have been lifted, and employers can freely involve workers in part-time work both by profession (position) with a different name, and in a similar profession ( positions).
In accordance with Article 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. This means that the employee has the right to perform part-time work for several employers on the basis of employment contracts concluded by them.
The same employer, in addition to the main employment contract, may conclude only one employment contract for work in the order of internal combination.
In the employment contract (with internal and external part-time jobs), it is mandatory to indicate that the work is carried out part-time.
In accordance with Part 2 of Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with persons working part-time by agreement of the parties. This means that the employer may, but is not obliged to conclude a fixed-term employment contract with persons applying for a part-time job, which implies that a part-time employment contract can also be concluded for an indefinite period.
Some employers, when hiring part-time workers, still prefer to conclude a fixed-term employment contract with them in order to make it easier to terminate employment relations with such workers. And vice versa, they face problems when the end of the term of the employment contract is still very far away, and it became possible to hire an employee for whom this work would be the main one. Such problems arise due to the fact that a fixed-term employment contract, in the absence of guilty actions on the part of the employee, cannot be terminated before the expiration of the term at the initiative of the employer, unless the employee himself expresses a desire to terminate the employment relationship on his own initiative.
At the same time, an employment contract concluded with a part-time job for an indefinite period may be terminated by the employer two weeks after the need arises, since the Labor Code of the Russian Federation introduces an additional basis for terminating an employment contract with persons working part-time.
Thus, in accordance with Article 288 of the Labor Code of the Russian Federation, in addition to the grounds provided for by other articles of the Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated at the initiative of the employer in the event of hiring an employee for whom this work will be the main one, about which the employer notifies the specified person in writing at least two weeks before the termination of the employment contract.
A fixed-term employment contract for part-time work cannot be terminated on this basis.
Thus, if the position is vacant, but it is not yet possible to invite a permanent employee, it is more expedient in such a situation to conclude an employment contract with a part-time worker for an indefinite period.
Example
At the beginning of the school year, the physical education teacher quit. Other teachers cannot teach this subject. The coach-teacher of the children's and youth sports school agrees to conduct physical education classes part-time, at the same time, the school principal considers it necessary to invite a permanent employee with the appropriate qualifications to work, but this is a matter of time.
In such a situation, the conclusion of a fixed-term employment contract with a part-time worker can be a deterrent when hiring a permanent employee. The two-week period required to warn a part-time worker with whom an employment contract has been concluded for an indefinite period will not have a significant impact on the decision on the placement of personnel.

Documents required when concluding an employment contract for part-time work
When applying for a part-time job with another employer, an employee, in accordance with Article 283 of the Labor Code of the Russian Federation, is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or training or their duly certified copies, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work. This article does not provide for the submission of other documents.
At the same time, Article 65 of the Labor Code of the Russian Federation establishes that in some cases, taking into account the specifics of work, the code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.
So, the presentation of additional documents will be necessary when applying for a job in an educational institution, including part-time, on the basis of Articles 331 and 351.1. The Labor Code of the Russian Federation, in accordance with which there is either a ban on teaching activities, or restrictions on engaging in labor activities in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical care, social protection and social services, in the field of children and youth sports, culture and arts with the participation of minors.

Entering information about part-time work in the work book
In accordance with Article 66 of the Labor Code of the Russian Federation, at the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.
If an entry was made in the work book of the employee about part-time work, then the entry on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or another federal law with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.

Restrictions on part-time work
The restrictions on part-time work are primarily related to the length of working time, which, as a general rule, in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer, should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.
The restrictions on working hours when working part-time, established by part 1 of article 284 of the Labor Code of the Russian Federation, do not apply in cases where the employee has suspended work at the main place of work in accordance with part two of article 142 of the Labor Code of the Russian Federation (that is, in case of delay in payment of wages for a period more than 15 days, if the employee notified the employer in writing about this) or suspended from work in accordance with parts 2 or 4 of article 73 of the Labor Code of the Russian Federation (due to refusal to transfer to another job on a medical report or due to the lack of appropriate work from the employer) .
At the same time, it must be emphasized that the restrictions on part-time work are connected precisely with the length of working time, and not with the amount of wages, which to a greater extent depends on the volume and quality of the work performed.
In addition, with persons working part-time, an employment contract is concluded for work in the relevant position, and not in its part or part of the rate (for example, in the position of a leading engineer, and not for 0.5 rates or 0.5 positions of a leading engineer) . The sections of the employment contract that determine the duration of working hours and conditions of remuneration should indicate, respectively, the specific duration of working hours (per day, per week, per month), as well as the amount and conditions of remuneration (for example, with a remuneration of 0.5 official salary provided for the position of a lead engineer). If there are other payments, they are also indicated in the employment contract concluded on part-time work.
The significant restrictions provided for by Article 282 of the Labor Code of the Russian Federation when engaging in part-time work (in addition to the restriction associated with its duration) also include a ban on employers to involve persons under the age of 18 in part-time work, as well as persons in heavy work , work with harmful and (or) dangerous working conditions, if the main work is associated with the same working conditions, and in other cases established by federal laws.
The maximum duration of part-time work established by Article 284 of the Labor Code of the Russian Federation, in total, in the amount of half the monthly norm of working time, provides the employer with the opportunity to involve workers in part-time work for whom a 40- or 36-hour work week is established, in the amount of 20 or 18 hours per week , respectively 82.75 or 74.45 hours per month based on the average monthly norm of working time in 2012 with a five-day working week).
It should be noted that the provision provided for by subparagraph “b” of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, providing that the duration of part-time work of pedagogical workers (including trainers, teachers, trainers), who have half the monthly work rate time for the main work is less than 16 hours a week, may be 16 hours a week for a month, should not be used, as contrary to Article 284 of the Labor Code of the Russian Federation as amended by Federal Law No. 90-FZ of 30.06.2006.
It follows from this that part-time work on the terms of tariffication with another employer can be carried out by teachers only in the amount of half the monthly norm of working time, which, in terms of the weekly norm, is 9 hours. A larger amount of teaching work in the school where the teacher works part-time can only take place on the basis of hourly pay in the amount of 300 hours per year, as established by subparagraph "c" of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41.

Restrictions on part-time work (features of performing other paid work) for certain categories of employees (heads of an organization, state and municipal employees)
For certain categories of employees, in addition to the restrictions provided for by Article 284 of the Labor Code of the Russian Federation and related to the duration of part-time work, other federal laws provide for other restrictions and features for performing other paid work.
A) Restrictions on part-time work for heads of educational institutions and other features of their performance of other paid work
In accordance with Article 35 of the Law of the Russian Federation "On Education", heads of state and municipal educational institutions are not allowed to combine their positions with other managerial positions (except for scientific and scientific and methodological guidance) inside or outside educational institutions. It was also established that the official duties of the heads of the same institutions, their branches (departments) cannot be performed part-time.
At the same time, for the heads of other institutions and organizations that are not state and municipal educational institutions, the legislation does not provide for such a ban, that is, a ban on combining their positions with other leadership positions.
At the same time, in accordance with Article 276 of the Labor Code of the Russian Federation (but subject to the restrictions provided for in Article 35 of the Law of the Russian Federation “On Education”), heads of educational institutions, like heads of other organizations, can work part-time for another employer, which requires permission from the authorized body a legal entity, or the owner of the organization's property, or a person (body) authorized by the owner. At the same time, this article does not provide for any regulation of part-time work of the head of the same employer, that is, in his organization.
Apparently, the regulation of the work of a part-time manager only with another employer is due to the fact that the same employer for the manager actually does not have a party to conclude an employment contract, as well as the possibility of objective control of the work performed.
For example, on the one hand, the head of an educational institution, who is authorized to conclude employment contracts with employees on behalf of the employer, cannot be a party when concluding an employment contract with himself in another position. On the other hand, the founder or executive body authorized to conclude an employment contract with the head of an educational institution is not entitled to conclude employment contracts with employees of an educational institution, including in a position that the head could apply for in addition to the main job.
At the same time, there is an opportunity for the manager to perform other paid work in his own educational institution.
So, in accordance with subparagraph "g" of paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the head of an educational institution is allowed to perform teaching work in the same educational institution without holding a full-time position, since this does not require the conclusion of an employment contract. The conditions for the performance of teaching work by the head of the educational institution and payment for it are provided for by the founder or other authorized body making appropriate additions to the employment contract concluded with the head.
It should be noted that the teaching work of a leader without holding a full-time position is possible only as a teacher, lecturer, teacher of additional education, trainer-teacher in educational institutions that implement general education programs, programs of primary and secondary vocational education, as well as additional education for children, since recruitment of personnel of these categories is carried out not on the basis of the staffing table, but on the basis of the number of hours for curricula and programs, staffing and other conditions. The remuneration of labor of heads of educational institutions for the performance of such teaching work is carried out on the basis of the norms of hours of teaching work established for the indicated positions for the wage rate, which are calculated for calculating wages for its actual volume.
B) Features of performing other paid work (part-time work) for state and municipal employees
Features of performing other paid work for state and municipal employees, including employees of state and municipal bodies exercising management in the field of education, are established:
- Federal Law of March 2, 2007 No. 25-FZ "On Municipal Service in the Russian Federation" (as amended and supplemented) (hereinafter - Federal Law of March 2, 2007 No. 25-FZ);
- Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (as amended and supplemented) (hereinafter - Federal Law of July 27, 2004 No. 79-FZ).
So, in accordance with paragraph 2 of Article 1 of the Federal Law of March 2, 2007 No. 25-FZ, a municipal employee, with the exception of a municipal employee who replaces the position of the head of a local administration under a contract, has the right, with prior written notification of a representative of the employer (employer), to perform other paid work , unless this entails a conflict of interest and unless otherwise provided by this Federal Law.
At the same time, Article 14 establishes prohibitions for municipal employees related to municipal service. For example, it is prohibited to fill a position in a municipal service if elected to a paid elective position in a trade union body, including in an elected body of a primary trade union organization established in a local self-government body, in the office of the election commission of a municipal formation.
Paragraph 2 of Article 14 establishes that a municipal employee who replaces the position of the head of a local administration under a contract is not entitled to engage in other paid activities, with the exception of teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
In accordance with paragraph 2 of Article 14 of the Federal Law of July 27, 2004 No. 79-FZ, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (previously, a ban was established for civil servants on any other paid work, except for pedagogical, scientific or other creative activity).

Features of the regulation of part-time work.
Duration of part-time work
Features of the regulation of part-time work in accordance with Article 282 of the Labor Code of the Russian Federation in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be established for pedagogical, medical, pharmaceutical and cultural workers.
At present, the features of part-time work for these categories of workers, as already mentioned above, are determined by the Decree of the Ministry of Labor of Russia of June 30, 2003 No. 41, which was adopted in accordance with the Decree of the Government of the Russian Federation of April 4, 2003 No. 197 "On the Features part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”, taking into account the opinion of the RTK.
Describing the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, it should be noted that the features primarily lie in the fact that for individual pedagogical, medical, pharmaceutical and cultural workers, part-time work is allowed for a longer duration than is provided for in article 284 of the Labor Code of the Russian Federation .
Another significant feature established for pedagogical, medical, pharmaceutical and cultural workers is that certain types of work performed in addition to the main one are not considered part-time jobs and do not require the conclusion (execution) of an employment contract.
Let us dwell in more detail on the features of part-time work of pedagogical workers.
For some categories of pedagogical workers, another pedagogical work in the same or another educational institution is considered part-time work, and for others, part-time work is pedagogical work only in another educational institution.
Pedagogical workers for whom another regular teaching job in the same or another educational institution is a part-time job include:
employees from among the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) of specialists (IPK);
other teaching staff of universities and IPC (methodologists, psychologists, teachers of additional education, etc.).
For these categories of teachers, pedagogical work performed in another full-time position in the same or another educational institution is part-time and is formalized by concluding another employment contract.
Pedagogical workers for whom other regular pedagogical work is considered part-time only if it is performed in another educational institution include:
teachers, lecturers, speech pathologists, teachers-speech therapists, teachers-organizers of the basics of life safety, pre-conscription training, leaders of physical education, masters of industrial training, educators, tutors, librarians and other pedagogical workers of institutions of primary or secondary vocational education, preschool educational institutions institutions, educational institutions of general education, institutions of additional education for children and other children's institutions.
As a rule, questions immediately arise: why only in others? Can't these workers perform other pedagogical work part-time in the same institution?
In this case, we are not talking about a ban, but only about a different procedure for regulating other pedagogical work in the same institution.
Thus, in accordance with clause 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, other regular pedagogical work in the same institution of primary or secondary vocational education, a preschool educational institution, educational institutions of general education, institutions of additional education for children and other children's institutions is not is a part-time job, and therefore does not require the conclusion of a separate employment contract.
(On the specifics of performing such pedagogical work, see the section “Conditions for performing work that is not considered part-time work”).
As for the issues of part-time work, then, as already noted, the duration of working hours when working part-time in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer should not exceed a total of half the monthly norm of working hours.
Examples
1. The IPC methodologist works in the full-time position of associate professor in the same institution. The duration of his working time as an associate professor should not exceed 18 hours per week, that is, half of the monthly norm of working hours established for a teaching position, calculated from his 36-hour working week.
2. Associate professor of the university in the same and / or in another university is accepted for another full-time teaching position in combination.
With such a teacher and in the same and in another university (one or more), in each case, an employment contract must be concluded on part-time work in a teaching position (assistant, teacher, senior teacher, associate professor, professor) with a working time not exceeding 18 hours a week, which corresponds to half of the official salary provided for in the position held in part-time employment (taking into account the compensation and / or incentive payments applied in the institution).
In accordance with subparagraph “b” of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, cultural workers involved in combination as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, can perform this work for a duration not exceeding the monthly norm of working time, calculated from the duration of the working week established for the relevant position.
Cultural workers include workers whose main job is to work as managers and specialists in various cultural institutions (theaters, museums, clubs, circuses, galleries, concert organizations, libraries, etc.).
Pedagogical workers of additional education, in which capacity workers of culture can be involved (along with the workers directly listed in paragraph 8 of subparagraph "b" of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41), may include employees of educational institutions whose pedagogical activity is directly related to the implementation of additional educational programs: teachers of additional education, trainers-teachers, teachers-organizers, methodologists of institutions of additional education for children.
Examples
1. The theater artist works part-time as a teacher of additional education in a general education school or in an institution of additional education for children. The volume of teaching work, and, consequently, the normalized part of his pedagogical work in the order of part-time employment in this position may be 18 hours a week, which does not exceed the monthly norm of working time, calculated from the weekly norm of hours of pedagogical work established by the teacher of additional education. Salary for an 18-hour weekly workload will be paid in the amount of the monthly salary rate of a teacher of additional education (using the compensation and / or incentive payments established in the institution).
2. The ballet dancer works part-time as the artistic director of the ensemble in the House of Children's Creativity. The duration of his working time in the specified position should not exceed 40 hours per week with appropriate remuneration in proportion to the hours worked. With a 40-hour working week, the salary of the artistic director of an educational institution must be paid in the amount of the official salary established for this position (using the compensation and / or incentive payments established in the institution).
In accordance with subparagraph "c" of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, with the consent of the employer, pedagogical work of highly qualified specialists is allowed on a part-time basis in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place work.
It should be noted that this resolution does not provide for a list of highly qualified specialists who can perform part-time pedagogical work in these educational institutions. There are also no time limits for the performance of such work, nor a specific list of educational institutions for advanced training and retraining of personnel.
Consequently, the employer at the place of the main job has the right to decide for himself in assessing the qualifications of the specialist to whom he will allow to perform such part-time work while retaining his wages, as well as the time of its implementation.
The Decree of the Ministry of Labor of Russia also does not regulate the issue of in what form (oral or written) the consent of the employer should be expressed, and therefore, in order to avoid possible misunderstandings and consequences, it is advisable to issue a permit in writing (possibly in the form of an additional condition, contained in a written form of an employment contract for the main job).

Compensation for part-time work
In accordance with Article 285 of the Labor Code of the Russian Federation, remuneration of persons working part-time is made:
in proportion to hours worked;
depending on production;
on other conditions determined by the employment contract.
When establishing persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.
Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.
As noted above, there are no restrictions on the amount of remuneration for part-time work. Persons working part-time for half the monthly norm of working time, but performing work in a larger volume than provided for by the position of an employee employed for half the monthly norm, remuneration may be made for the work actually performed, including by establishing an additional payment for increasing the volume of work performed. work or other compensation and/or incentive payments.
When performing part-time work, the remuneration of the employee's labor must be calculated from the salary established for him not lower than the minimum wage in proportion to the established incomplete time. If, for example, an employee performs work in the amount of half the monthly norm of working time (20 hours a week with a 40-hour working week), then his salary should be at least 2305.5 rubles. per month (4611 x 20:40).
When calculating the wages of employees performing part-time work in the regions of the Far North and in areas equivalent to them, one should take into account the position expressed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation (dated April 8, 2011 No. 3-B11-4, dated 29 April 2011 No. 3-B11-5, dated June 24, 2011 No. 52-B11-1) in relation to regional coefficients and northern allowances.
Based on the position expressed by the court, it follows that when establishing a remuneration system, each employer must equally observe as a norm that guarantees an employee who has fully worked out the norm of working hours in a month and fulfilled the labor standards (labor duties), wages not lower than the minimum wage labor (Article 133 of the Labor Code of the Russian Federation), and the rules of Articles 2, 130, 132, 135, 146, 148, 315, 316 and 317 of the Labor Code of the Russian Federation, including the rule on remuneration for labor carried out in the regions of the Far North and equivalent to them areas, in an increased amount compared to the payment of identical labor performed in normal climatic conditions.
In accordance with Articles 315, 316 and 317 of the Labor Code of the Russian Federation, the unfavorable factors associated with working in these conditions must be compensated by a special coefficient and a wage supplement, in connection with which the wages of employees of organizations located in the regions of the Far North and equivalent to them localities, should be determined in the amount of not less than the minimum wage, after which the district coefficient and the allowance for the length of service in these districts or localities should be added to it.
It should also be borne in mind that if work, in addition to the main one, is performed by an employee in an internal combination, then the calculation of his salary, taking into account the above principles, should be carried out for each position separately.

Annual basic and additional holidays for part-time workers
In accordance with Article 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then the leave is granted in advance, that is, the full duration established for the position held part-time. Proportional calculation of the duration of leave for the time worked part-time is not allowed.
In the event that at a part-time job the annual paid leave of the employee is set to be shorter than the duration of the leave at the main place of work, the employer, at the request of the employee, grants him unpaid leave for the missing duration.
In accordance with Article 321 of the Labor Code of the Russian Federation, the total duration of annual paid holidays for part-time workers is established on a general basis, including persons working in the regions of the Far North are provided with additional paid holidays of 24 calendar days, and persons working in areas equivalent to regions Far North - 16 calendar days.
If guarantees and compensations are provided for employees of the organization by laws and other regulatory legal acts, collective agreements, agreements, local regulations, then in accordance with Article 287 of the Labor Code of the Russian Federation, persons working part-time, they are provided in full (with the exception of guarantees and compensations, established for persons combining work with study, as well as persons working in the regions of the Far North and in areas equivalent to them).

Conditions for performing work that is not considered part-time work
Clause 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for pedagogical, medical, pharmaceutical and cultural workers, that is, the categories of workers provided for in clause 1 of this decree, defines the types of work that are not part-time jobs and do not require the conclusion of an employment contract .
These include the following types of work.
1. Pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year (subparagraph "c" of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subparagraph, pedagogical work can be carried out:
- the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) of specialists (IPK), other pedagogical workers of these institutions (methodologists, educational psychologists, etc.). This work can be performed by these employees in the same or another educational institution, including in addition to internal or external part-time jobs;
- teachers, teachers, educators and other teaching staff of primary and secondary vocational education institutions, preschool educational institutions, educational institutions of general education, educational institutions of additional education for children and other children's institutions, but only in another educational institution, since pedagogical work in the same institution in any volume, it is not in itself considered a part-time job and is paid for all pedagogical work on the terms of tariffication (with the exception of the replacement of absent teaching staff, which lasted no more than two months);
- pedagogical workers from among the employees of institutions, organizations (including employees of bodies exercising management in the field of education), with whom the educational institution initially concluded an employment contract on work on a part-time basis (in any amount, but not exceeding half the monthly norm).
For example, a specialist from an education management body has entered into an employment contract with a school for part-time work as a teacher with a teaching volume of 1 hour per week or more. Since in this case he will already be a pedagogical worker, to whom clause 2 of the resolution of the Ministry of Labor applies, an additional condition may be included in this employment contract on the performance of pedagogical work in the amount of 300 hours per year on an hourly basis, which will not be part-time.
300 hours per year in terms of the weekly volume of the study load is 8-9 hours (depending on the number of study weeks), which can also be reflected in the supplement to the specified employment contract. Payment for all pedagogical work in this case will be made for the number of hours of actually performed pedagogical work per month on the terms of hourly wages, the amount of which is determined based on the wage rates established by the position of the teacher, taking into account the applicable wage system.
2. Pedagogical work in a similar or different position in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and another children's institution (subparagraph "e" of paragraph 2 of the decision of the Ministry of Labor Russia).
In relation to subparagraph “e”, pedagogical work can be performed:
- in full-time positions (with the same or another name), for which not the norm of hours for the rate, but the specific duration of working hours is established (for example, a psychologist can work in the same educational institution as a social pedagogue, master of industrial training, methodologist (meaning a methodologist who is on the staff of an educational institution); a master of industrial training has the right to work in another position of a master of industrial training; a senior teacher of a preschool or other children's institution - an educator, teacher-psychologist, social pedagogue);
- in positions for which (one or both) hour norms for the wage rate are established (for example, a teacher of a preschool educational institution can work in the same institution as a music director and / or a speech therapist teacher; a teacher of a musical pedagogical college - as an accompanist, teacher in a hostel the same institution).
Other options for performing pedagogical work in the same institution are also possible. All of the above and other pedagogical workers can conduct teaching work, classes in circles and other associations of students in the same educational institution.
3. Work without holding a full-time position in the same institution for the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, managing subject and cycle commissions, working to manage the industrial training and practice of students and other students, etc. (subparagraph “f » paragraph 2 of the resolution of the Ministry of Labor of Russia).
In educational institutions, the types of work without holding a regular position (in addition to those listed) are:
- additional work, which, according to its content, is related to the educational process, but is not included in the duties of pedagogical workers (classroom management, group leadership, checking written work, managing educational and experimental sites, extracurricular work in physical education, managing educational and consulting centers, boarding schools at general educational institutions, performing the duties of a master of educational workshops);
- other types of additional work (in the absence of employees in the staff of the institution, whose duties include its implementation).
The specified additional work is determined at the conclusion of an employment contract for the main job or in an additional agreement to the employment contract.
4. Work without holding a full-time position in the same institution, related to the teaching work of managers and other employees of educational institutions (subparagraph "g" of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subparagraph, teaching work (including in circles and other associations of students) can be carried out:
- directors, their deputies, heads of structural divisions, teaching staff holding full-time positions (educators-psychologists, social pedagogues, librarians, methodologists, etc.), librarians, engineers, laboratory assistants, other employees from among specialists, administrative and economic and teaching and support staff.
The volume of teaching work is determined when concluding an employment contract for the main job (if the issue of teaching work is also being resolved at the same time) by making appropriate additions to it or by concluding an additional agreement to the employment contract.
Attention should be paid to the fact that the right for the heads of federal educational institutions (structural divisions) implementing general educational programs, programs of initial vocational, secondary vocational education, as well as additional educational programs, teaching without holding a full-time position in classes, groups, circles, sections in the same educational institution under the terms of an additional agreement to the employment contract, is enshrined in the Industry Agreement for organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014, concluded between the Ministry of Education and Science of Russia and the Trade Union of Educational and Scientific Workers of the Russian Federation 22 February 2012 (registered with the Federal Labor and Employment Service on March 27, 2012, registration number No. 204/12-14).
At the same time, the parties proceeded from the fact that the provision of teaching work to these persons, as well as pedagogical, managerial and other employees of other educational institutions (structural divisions), employees of enterprises, institutions and organizations (including employees of bodies exercising management in the field of education and educational and methodological classrooms, centers) is carried out taking into account the opinion of the elected body of the primary trade union organization and provided that teachers, lecturers for whom this educational institution is the main place of work, are provided with teaching work in their specialty in the amount of not less than the wage rate.
Similar provisions may be introduced into regional and territorial agreements and collective agreements in order to regulate this issue uniformly.
5. Work in the same educational institution or other children's institution in excess of the established norm of hours of pedagogical work for a wage rate, including for replacement hours for teachers who are absent due to illness and other reasons (subparagraph "h" of paragraph 2 of the resolution of the Ministry of Labor of Russia).
For example:
- a school teacher performs teaching work in the amount of 27 hours per week, that is, in excess of the established 18-hour norm of pedagogical work per week, for which the wage rate is paid;
- a college teacher conducts teaching work in the amount of 1000 hours per year, that is, in an amount exceeding the established annual rate of hours for a wage rate of 720 hours of pedagogical work;
- an educator of a preschool educational institution, whose norm of hours for the wage rate is 36 hours per week, performs pedagogical work in this position in the amount of 72 or 60 hours per week;
- a teacher of additional education carries out teaching work in a circle, section in the amount of 36 hours a week, that is, 18 hours more than the weekly norm of hours, for which the wage rate is set.

Time of performance of work, which is not considered part-time work, and its volume
In accordance with paragraph eleven of clause 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the work specified in subparagraphs "b" - "h", which are not considered part-time jobs, is allowed during main working hours with the consent of the employer. Consequently, the employer has the right to independently determine the types of work provided for in subparagraphs "b" - "h", which, without prejudice to the main work, can be performed during the main working hours, as well as their volume.
At the same time, it should be noted that in fact, it is practically impossible to perform certain types of pedagogical work during the main working hours, despite the rule contained in the said paragraph on the possibility of performing the work provided for in subparagraphs “e” and “h” during the main working hours.
So, a teacher cannot simultaneously work in an extended day group (HPA) as an educator, and an educator, when working in the GPA, cannot conduct teaching work during his working hours, etc.
Along with this, the pedagogical work provided for in subparagraph “h” cannot be performed during the main working hours, since this work is preconditioned by its performance in excess of the established norm of hours, for which the wage rate is paid.
At the same time, according to established practice, the employer, guided by this resolution, has the right to allow individual pedagogical workers to perform other pedagogical work during their main working hours (for example, librarian teachers, psychologist teachers, organizer teachers, senior counselors can conduct teaching work including the amount that he will establish (in whole or in part) within the established working hours). The decision on this issue should be made taking into account the volume performed, the shift of classes, and other conditions for its implementation.
Taking into account the same conditions, teaching work can be carried out in the same institution by other pedagogical workers who, by order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. educational institutions ", not the norms of hours of pedagogical (teaching) work for the wage rate, but the specific duration of working hours of 30 or 36 hours per week (paragraph 1 of the annex to the specified order), that is, by senior educators, educational psychologists, social pedagogues, teachers - organizers, as well as heads of physical education, teachers-organizers of life safety in excess of the teaching load, which, in accordance with the qualification characteristics, is included in their official duties.
During the main working hours, as noted above, teaching work without holding a full-time position may be allowed for heads of educational institutions, as well as their deputies and heads of structural divisions.
At the same time, it is hardly possible to perform additional work on classroom management, checking written work and other additional work referred to in subparagraph “g” of paragraph 2 during regular working hours.
It should be noted that the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for the types of pedagogical (teaching) work provided for in subparagraphs "e", "g", "h", does not establish its maximum volume, since in accordance with Article 333 The Labor Code of the Russian Federation, the workload of a pedagogical worker of an educational institution, stipulated in an employment contract, may be limited by the upper limit only in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the federal executive body authorized by the Government of the Russian Federation.
Currently, the upper limit of the teaching load (that is, the maximum amount of teaching (pedagogical) work that can be performed in the same educational institution) for teachers of primary vocational education institutions, preschool educational institutions, educational institutions of general education, educational institutions of additional education children and other children's institutions in the relevant standard provisions is not established.
For teachers of primary and secondary vocational education institutions, the upper limit has been established.
So, in the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by the Decree of the Government of the Russian Federation of July 18, 2008 No. 543, and in the Model Regulations on an educational institution of primary vocational education, approved by the Decree of the Government of the Russian Federation of July 14, 2008 No. 521, it is determined that the teaching load for the academic year for teachers, stipulated in the employment contract, should not exceed 1440 academic hours.
It should be noted that the teaching load of 1440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the norm of teaching hours for one wage rate is 720 teaching hours per year.
It follows from this that the decisions of the bodies exercising management in the field of education, other executive authorities, providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers in the amount of less than 1440 hours per year, are unlawful.
The performance of the pedagogical work provided for by subparagraphs "e", "g" of paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, is formalized by making appropriate additions to the employment contract for the main job (by concluding an additional agreement to the employment contract) on that, for example, the employee assumes the responsibility to perform:
- additional pedagogical work by position (indicates the position in which other pedagogical work will be performed) with the duration of working time or in the number of hours of teaching (pedagogical) work (either the duration of working hours or the number of hours of teaching (pedagogical) work is indicated);
- additional work that is not included in the scope of the main duties (for example, class management, checking written work, etc.).
The employer undertakes to pay for the specified types of work in the amount (its amount is indicated), and also determines the possibility of performing work during the main working hours (in whole or in part) or outside it.

Vacation pay when performing work that is not considered part-time
Taking into account that the employment contract for pedagogical work provided for by subparagraphs "e", "g" and "h" of paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, is not concluded, questions arise related to the provision of leave, calculation vacation pay, reduction (cancellation) of teaching and other additional work.
It should be borne in mind that vacations for employees who perform teaching work along with their main work are provided with the duration established for the main position, and the payment for vacation is calculated based on the accrued wages in the billing period, taking into account remuneration for teaching work, as well as taking into account established surcharges. In cases where the duration of leave for the main job is less than for the position of a teacher or lecturer, according to established practice, vacation pay is calculated separately for each position, that is, respectively, based on the wages accrued in the billing period and the duration of leave established for the main and teaching work.
If during the academic year or for the new academic year, for reasons related to changes in organizational or technological working conditions, the volume of teaching work is reduced or additional payments are canceled, then appropriate changes are made to the employment contract for the main job, as established by Article 74 of the Labor Code of the Russian Federation. The employer is obliged to notify the employee in writing of upcoming changes in the terms of the employment contract, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.
Remuneration of labor of managers and other employees of educational institutions for teaching work that is not part-time work is carried out in the manner and on the conditions established for teachers, lecturers, teachers of additional education, trainer-teachers, including on the terms of their billing for this work.
It should also be noted that in Annex No. 1 to the Industry Agreement on organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014, a provision is fixed that during the work period during the autumn, winter, spring and summer holidays, students , as well as during periods of cancellation of training sessions (educational process) for students, pupils for sanitary-epidemiological, climatic and other reasons, remuneration of persons from among the managerial, administrative, economic and educational support staff who conduct teaching work during the academic year, including classes in circles, is made on the basis of the wages established during the billing preceding the start of the holidays or the period of cancellation of training sessions (educational process) for the indicated reasons.

Substitution and payment for lessons of absent (due to illness and other reasons) teachers
In order to resolve issues related to the replacement and payment of lessons for absent (due to illness and other reasons) teachers, the following options can be used, applied in practice.
The lessons of temporarily absent teachers, as a rule, should be replaced by teachers of the same specialty, who should be paid hourly for the additional number of hours spent in the same subject.
In exceptional cases, when such a replacement is impossible, absent teachers may be replaced by teachers teaching other subjects, who, during temporarily free hours, can go through the program in their subject a little ahead, so that then, at the expense of teaching hours in the subject of the substitute teacher, the absent one can make up for the missed program already in their subject.
According to established practice, remuneration of teachers in such a substitution will be made as follows.
A teacher who replaced an absent teacher and conducted classes in his subject in advance does not receive an additional fee during this period, because when he transfers his teaching hours to the returning teacher, he will retain the salary established during the billing.
The absent teacher, who, upon his return, will conduct training sessions according to his own schedule and according to the schedule of the teacher who replaced him during the absence, in addition to the salary established during the tariffing, should be paid hourly for the hours of classes given in excess of his teaching load established during the tariffing .
This substitution order allows you to make up for the missed program without overloading students.

II. COMBINATION OF PROFESSIONS (POSITIONS),
EXPANDING SERVICE AREAS, INCREASING THE VOLUME OF WORK, PERFORMING THE RESPONSIBILITIES OF TEMPORARILY ABSENT EMPLOYEES
Such forms of labor organization as combining professions (positions), expanding service areas, increasing the volume of work, and fulfilling the duties of temporarily absent employees are regulated by federal law.
In accordance with Article 60² of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for an additional payment, the amount of which determined in the manner prescribed by Article 151 of the Labor Code of the Russian Federation.
At the same time, additional work assigned to the employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work.
In order to perform the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).
In cases where the specified work is performed due to the non-appearance of the replacement employee by the end of the shift and it is impossible to replace him with another employee, payment is made as for overtime work (Article 152 of the Labor Code of the Russian Federation).
Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to prematurely refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.
In accordance with Article 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work without exemption from work determined by the employment contract, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content and (or) volume extra work.
It should be noted that Decree of the Government of the Russian Federation dated March 10, 2009 No. 216 (with amendments and additions) recognized the Decree of the Council of Ministers of the USSR dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” as invalid on the territory of the Russian Federation ”(SP USSR, 1982, No. 2, art. 7), according to which there were restrictions on the use of such a form of labor organization as combining professions (positions), expanding service areas, increasing the amount of work for the heads of organizations.
At present, it is possible to entrust the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment, it is possible for any employee with his consent, including heads of organizations.
Exceptions to this rule are still associated only with the prohibition for heads of state and municipal educational institutions to combine their positions with other managerial positions (except for scientific and scientific and methodological guidance) inside or outside educational institutions.
Differences in the application of forms of labor organization in part-time jobs and in combining professions (positions), expanding service areas, increasing the amount of work
Due to the consonance of the concepts of “part-time work” and “combination”, inaccuracies arise in the understanding and design of work in these two different types of relations between an employee and an employer. The main characteristic differences in the conditions of part-time work and in the order of combining professions (positions) are illustrated in the table below.

The work of teachers has its own characteristics. This fully applies to part-time work. However, it is not easy to compare the norms of legislation with practice - it is silent about some aspects. Let us consider several typical questions that arise when a teacher works with an additional workload. Separate agreement: to draw up or not By virtue of Part 1 of Art. 333 of the Labor Code of the Russian Federation for teachers, a reduced working time is established - no more than 36 hours per week. According to part 2 of this article, the teaching load of a pedagogical worker, stipulated in an employment contract, may be limited to the upper limit in cases provided for by the model regulation on an educational institution. Like any other employees, teachers have the right to work part-time, i.e.

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It also defines the main criteria for delimiting part-time jobs and combining teachers, educators and teachers. The work of part-time and combined teachers The main difference between these concepts is that in the case of part-time work, a teacher performs other functions for a different employer, and in combination, he takes on part of the additional duties or expands the volume of work already performed at the main place of work for that the same positions. IMPORTANT Part-time employment must be formalized by a separate agreement, and when combined, the expansion of functionality and payment for its implementation are stipulated in addition to an existing agreement.

Features of part-time work for teachers

According to Decree N 41, part-time jobs for teachers cannot be considered:

• scientific, literary or other activity of a creative nature, which is not assigned an additional vacancy in the state;
• conducting special examinations for a one-time fee;
• teaching or consulting on an hourly basis (here the law sets an annual limit of 300 hours);
• teaching at the same educational institution, as well as managing graduate students, doctoral students, managing a department or faculty, managing a class, chairing various commissions, industrial training and practice, managing classrooms, laboratories, conducting excursions, etc.;
• teaching in the same institution in excess of the hourly rate for a separate rate.

All of the above types of duties can be assigned to the teacher in the order of combination for a fee.

Part-time teacher work

Additional hours for part-time workers will be counted in preferential teaching experience for calculating early retirement only if they work in second place at a full-time rate. Such length of service can be confirmed on the basis of certificates from the employer, issued in accordance with the requirements of the law and containing all the details established by law. Additional information The performance of pedagogical, managerial and methodological duties in educational institutions is included in the pedagogical experience.

Nuances Part-time work for teachers is not prohibited, but it has its own specifics. Not all types of pedagogical activity are recognized as part-time jobs, some of them can be performed by an employee for an additional fee, but without registration of a combination. An employment contract for part-time teachers is concluded only when employed by another employer.

Pedagogical activity and part-time work

The duration of part-time work during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed

• for teaching staff - half of the monthly norm of working time, calculated from the established duration of the working week;
• for teachers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;

Part-time employment is possible during regular working hours Pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work.

Part-time and combining teaching staff

Registered in the Ministry of Justice of the Russian Federation on August 7, 2003 N 4963 Ministry of Labor and Social Development of the Russian Federation Decree of June 30, 2003 N 41 On the features of the part -time of pedagogical, medical, pharmaceutical workers and cultural workers in accordance with Article 282 of the Labor Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, Part I, Art. 3) and Decree of the Government of the Russian Federation of April 4, 2003

N 197 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (Collected Legislation of the Russian Federation, 2003, N 15, art.

Part-time jobs for teachers: how to apply (Komarova V.V.)

Teachers have the right to work part-time at their main place of work or in other organizations, including in a similar position, specialty, profession. But at the same time, the duration of part-time work for teachers (including trainers-teachers or trainers) should not exceed half of the monthly norm of working time, calculated from the established duration of the working week. And for teachers who have half the monthly norm of working time for their main job is less than 16 hours a week - 16 hours of work per week.

Payments to a part-time worker An external part-time teacher must be paid monthly monetary compensation in order to facilitate the provision of book publishing products and periodicals, established by paragraph 8 of Article 55 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education".

If the teacher works part-time

An integral point in the execution of a part-time contract is the hourly rate of the teacher's working day and a description of its functionality. The document must reflect all the conditions and features of the relationship between the parties, including their rights and obligations. Separately, the amount and procedure for remuneration of the employee is stipulated.

Important

Sample employment contract for part-time teacher. Part-time work for educators For educators, the current Russian legislation establishes a weekly hourly norm lasting 36 hours. If the educator works in excess of her in his own position in the same institution, then such duties must be issued on a combined basis. Employment with a third-party employer requires the conclusion of a separate employment agreement.

For your information The teacher's part-time work cannot exceed 18 hours a week, and the number of work places is not limited.

Features of the work of part-time teachers

• any work of school teachers related to the management of the laboratory;
• classroom management;
• organization and holding of various events, excursions, etc.

All this work is paid extra. Can a director work under such conditions? As for the work of persons holding leadership positions in an educational institution, the question of the possibility of combining jobs depends on whether the institution is state (municipal) or private. Thus, the law “On Education” prohibits the directors of state institutions from holding one more managerial position in combination.
Only scientific guidance is allowed. It is also impossible to become a part-time director of such an institution - this work can only be the main one.

Features of part-time work of pedagogical workers of the Republic of Belarus

Attention

In this case, employment contracts are concluded with the employee on internal or external part-time employment. Attention! Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 (hereinafter referred to as Decree N 41) establishes the features of part-time work of pedagogical, medical, pharmaceutical and cultural workers. The performance by pedagogical workers of certain types of work listed in paragraph.

2 of Resolution N 41, is not considered part-time and does not require the conclusion of a separate employment contract. The following are not part-time jobs: - pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year (clauses “c” of clause

Features of the work of part-time teachers

Additional Information The calculation of average earnings when calculating various compensations for teachers working at several places of work includes wages for all types of part-time jobs. Part-time certification Teachers-employees of state institutions have the legally enshrined right to be certified for any category, both in the main and in the additional place of work. Vacation Vacation for a part-time worker is granted simultaneously with vacation for the main position.

Almost all teaching staff have the right to extended vacations - their duration is determined by Decree of the Government of the Russian Federation No. 466. The duration of the vacation of teaching staff can vary from 42 to 56 days, depending on the type of educational institution-employer and the position held in it.

Resolution N 41 does not specify how, in this case, to formalize the performance of such work, because, within the meaning of paragraph 2, the work listed in it is performed by the employee during regular working hours. Guided by the general rules established by the Labor Code of the Russian Federation, the performance by the educator of a preschool educational institution of work in the same position in the same institution, more than 36 hours is possible on the basis of an employment contract for work on an internal part-time basis (Decision of the Supreme Court of the Russian Federation of December 21, 2006 N GKPI06-1518). concurrently cannot exceed 18 hours a week (paragraph “b”, paragraph 1 of Resolution No. 41). Example 1. The teacher wants to have a total workload of 72 hours a week, of which 36 hours at the main place of work.

Part-time and combining teaching staff

But besides this, a teacher can also work in a college and teach 12 hours a week. If there is a need and the teacher is ready to work more, then he has the right to work in the main place 36 hours a week and in an additional one for 20 hours or more. In any case, this is the right of a teacher and it cannot be limited.
After all, the law does not contain any restrictions on hours of work. How is a part-time employment contract with a teacher drawn up? When documenting an agreement between a teacher and an employer, there are two main options. They should be considered in more detail:

• When performing duties in one organization, it is not necessary to draw up a separate contract.
  It is enough just to issue an additional agreement.

Part-time teacher work

In this case, employment contracts are concluded with the employee on internal or external part-time employment. Attention! Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 (hereinafter referred to as Decree N 41) establishes the features of part-time work of pedagogical, medical, pharmaceutical and cultural workers. The performance by pedagogical workers of certain types of work listed in paragraph.
2 of Resolution N 41, is not considered part-time and does not require the conclusion of a separate employment contract. The following are not part-time jobs: - pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year (clauses “c” of clause

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Attention

An integral point in the execution of a part-time contract is the hourly rate of the teacher's working day and a description of its functionality. The document must reflect all the conditions and features of the relationship between the parties, including their rights and obligations. Separately, the amount and procedure for remuneration of the employee is stipulated.

Info

Sample employment contract for part-time teacher. Part-time work for educators For educators, the current Russian legislation establishes a weekly hourly norm lasting 36 hours. If the educator works in excess of her in his own position in the same institution, then such duties must be issued on a combined basis. Employment with a third-party employer requires the conclusion of a separate employment agreement.

For your information The teacher's part-time work cannot exceed 18 hours a week, and the number of work places is not limited.

Features of part-time work for teachers

Permissible duration How many hours can a teacher or a part-time university teacher lead? Despite the fact that, as a general rule, a reduced working time regime has been introduced for teachers, but the duration should not exceed half the monthly norm of working time - for most teachers this value does not exceed 16 hours per week. Guarantees and compensations In accordance with the Labor Code of the Russian Federation, part-time teachers receive all guarantees and compensations in accordance with the current legislation, as well as local regulations of the institution in which they work. Everything related to remuneration Teachers, educators, teachers of technical schools and universities, working part-time, receive payment for their work in proportion to the hours worked.
However, this norm established by the Labor Code is not mandatory.

Pedagogical activity and part-time work

However, there is an earlier document - the Regulation on the conditions of part-time work, approved by the Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the All-Union Central Council of Trade Unions of March 9, 1989 N 81 / 604-K-3 / 6-84 (hereinafter - Regulation N 81 / 604-K-3 /6-84), which contains a different norm - no more than 240 hours per year. To date, this document has not been canceled and formally continues to operate in the part that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation). The question arises, what rule should be followed when paying for pedagogical work when applying hourly wages and what year is meant - calendar ( financial), academic or year from the date of permission for additional work. by virtue of Art. 282 of the Labor Code of the Russian Federation, these features must be established in the manner determined by the Government of the Russian Federation.

Part-time jobs for teachers: how to apply (Komarova V.V.)

Permissible number of hours per week Decree No. 41 establishes weekly hourly norms for combined positions for workers in the educational sector. According to it, the duration of work during the month under each additional labor contract should not exceed 50% of the monthly norm, and for those teachers who have this figure less than 16 hours per week, weekly 16 hours. Part 1 Art. 333 of the Labor Code of the Russian Federation for educators establishes a reduced working time - in the general case, it cannot be more than 36 hours.

in Week. It follows that the duration of part-time work and combination for such employees cannot exceed 18 hours. Weekly norms of hours for one wage rate for teachers of various qualifications and specialties are established by order of the Ministry of Education N 1601, and can vary greatly.

Can a teacher work part-time?

Some norms of the Labor Code (Chapter 44), as well as the above Resolution, specify the features of part-time work of pedagogical workers. Work at school Is it possible to have pedagogical part-time teachers? School teachers enjoy all the rights provided by the TC, including the opportunity to work part-time. The Decree states that some types of work for teachers will not be considered part-time work, which means that they will not require the execution of a separate employment contract for a part-time job.
So, a teacher can conduct additional lessons, but in the amount of not more than three hundred hours during the year, while hourly payment will be made.

Part-time job and combination in budgetary institutions

So, if an employee is ready to carry the load 72 hours a week, then 36 hours of them will be work at the main place of work, and two other employment contracts will describe the functionality for additional positions. For each of them, the weekly norm cannot be more than 18 hours. Payment for work All employees who take on the performance of extended functionality not defined by the main labor agreement must receive payment for work in the amount proportional to the hours worked. If an employee of the educational sphere performs standardized tasks, then payment is made for the amount of work performed. In this case, it does not matter whether the part-time job is framed as a part-time job or a combination.
This document will consolidate the change and performance of several functional duties by the teacher;

• When a teacher works in two or more organizations, then an agreement must be drawn up with each employer.

The main conditions and procedure for registration remain the same. In this case, it is necessary to describe in detail the duties of the employee and the duration of the working day. After all, the duration in one place should not contradict the duration in another. A part-time employment contract with a teacher - a sample An employment agreement should include several key sections. These are the rights and obligations of the parties, the functions of the employee and the payment procedure. For example, the employer is obliged to provide the employee with decent working conditions. And the employee is obliged to perform his functions and not violate the provisions of labor legislation, as well as internal regulations.

In addition, these issues are regulated by a later normative act - Resolution N 41. Attention! In pp. "c" paragraph 2 of Resolution N 41 does not mention the academic or working years. It is more logical to determine the load within the limited scope of pedagogical work with hourly pay per year, the countdown of which starts from the day determined by the parties, or from the day when the employer agreed to the performance of such work by the pedagogical worker.

According to the general rules established by Part 3 of Art. 14 of the Labor Code of the Russian Federation, terms calculated in years, months, weeks expire on the corresponding day of the last year, month or week. Thus, a one-year term must end on the day preceding the day on which the next year begins.

 

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