Labor code part-time work of pedagogical workers. Features of the performance of additional work by pedagogical workers and part-time work. When there is no partnership

The procedure for registering part-timers has several features. For example, such work is realized only at a time that is free from the main type of employment. Accordingly, it is paid in most cases in the amount of no more than half the rate. Representatives of the educational sphere have even more nuances in this process. This issue is regulated by law. Russian Federation: And . In addition to teaching staff, the law includes medical representatives and pharmacists in a separate group.

Part-time work of pedagogical workers according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation says that in addition to the basic rules for part-time jobs, for teachers, those established by the legislative institutions of the Russian Federation can also be applied. All the nuances are determined taking into account the expert opinion of the members of the Russian tripartite commission, which deals with issues related to relations in the world of work.
As for the Decree of the Government of Russia, there are several main points in it:

• The possibility of part-time employment for the presented specialists is indicated;
• Removal of restrictions on the length of hours worked;
• The possibility of combining positions in institutions of advanced training with the consent of the main employer with the preservation of wages.

It is worth noting that the payment is also set taking into account the time that the teacher worked.

Is part-time work included in the preferential length of service for a teacher's pension?

With the accumulation of preferential teaching experience, these workers can retire earlier. but this rule relevant only when certain requirements are met. For example, for teachers who teach psychology, there is a mandatory requirement in the law to work 36 hours a week. And for educators in kindergartens, this norm is 30 hours. As for part-time workers, they will be credited with additional hours only if they receive a full-time job at their second job. In other cases, the period of combining positions will not be added to the length of service.

Part-time leave of a teaching worker

Legislative acts establish norms according to which the duration of leave for teachers is longer than for other workers. However, the Ministry of Labor has established that the second job is not required to provide leave that will fully correspond to the rest time received at the first job. If necessary, the employee can write a statement, and extra days will be provided without pay.

Norm of hours for part-time teaching staff

If a person works as a teacher, then the duration of his working week cannot be more than 36 hours. The maximum pedagogical load of a part-time worker is determined by the content. It states that for these employees marginal rate work is equal to half the duration of the working week at the main place. If half is less than 16 hours, then, accordingly, the norm for the second workplace is 16 hours.

Can a part-time teacher work full-time?

Initially, in Russia, the implementation of labor functions in two positions was completely prohibited, while maintaining full salaries in both. This ban is still in effect, but now there is a list of specialists for whom the restriction in work has ceased to be relevant. Representatives of the pedagogical sphere are also included in this list. Therefore, under certain circumstances, these employees are not only allowed to work more, but they can also get more. The very payment of part-time teachers is carried out in the general manner - in accordance with the number of hours worked.

Employment contract part-time with a teacher - sample

When hiring specialists of this category, an employment contract is signed between the parties of professional relations with a part-time teacher. In it, the emphasis must be placed on the place where the type of work is prescribed - it must be indicated that the work will be carried out part-time. It will also calculate payroll accordingly, so the calculation procedure will also be changed according to the number of hours worked. In such a situation, 50 percent of the originally established salary for the position is assumed (a full-time option is possible). Other features employment contract associated only with the nuances of the duties of teachers.

Part-time employment is very convenient for workers who have little employment at their main place of work. For teachers, part-time work is often very important. It provides additional income.

The main provisions and features of part-time work are enshrined in law. However, the features relating specifically to pedagogical workers are not specified in detail.

Features of part-time work of pedagogical workers

The features of part-time work of pedagogical workers are prescribed in the Labor Code of the Russian Federation. The norms of the law establish such a right of pedagogical personnel. Along with other professions, they have the right to combine positions with one or more employers.

According to the Labor Code of the Russian Federation, a reduced duration of the working period per week is established for teaching staff. It cannot exceed 36 hours. However, if the teacher spends only 12 or 20 hours a week at the main job, then other work along with the main one will provide an additional source of income. At the same time, such an employee can find an additional position at the main place of work or with another employer. For example, a teacher may teach at a college or university.

At the same time, special attention should be paid to the length of working time:

• It is possible to work within the limits established by law 36. Moreover, a person can work for those employers or combine positions in one organization. For example, a music teacher has the right to work also as an art teacher, and so on. With a small amount of work for such teachers, the implementation of several classes is reasonable;
• You can work beyond 36 hours per week. If you can work in another organization after the end of the day at the main place, then there are no obstacles to this. And it can not be called recycling. It's just that the employee works outside the norm. But the employer is not obliged to pay him double the work.

How many hours can a part-time teacher work?

As stated above, pedagogical workers can work both within 36 hours and beyond these limits. For example, a teacher of Russian may be full-time in the main job at the school. His working hours will be a full 36 hours. 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?

At documenting agreement between the teacher and the 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. 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 labor day. After all, the duration in one place should not contradict the duration in another.

Employment contract in combination with a teacher - 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.

The contract should reflect the specific functions of the employee. In addition, the length of the working day is also important. The number of hours should be negotiated with the employer in advance. The document describes in great detail all the conditions and features of the relationship between the employer and the teacher.

Is part-time work included in the preferential seniority for a teacher's pension?

If such an employee does not work in the pedagogical field on the main job, then this experience is taken into account. Therefore, he will not be included in the preferential length of service. Only if the main place is connected with pedagogical activity, this time will be included in the preferential service. But it cannot be counted twice. Only the length of service in the main place will be taken into account, and not part-time.

How many positions can a part-time employee take?

The desire to find a part-time job is dictated in most cases by the low level of wages, which is observed in many industries.…

Order on hiring part-time for 0.5 rates

The employee has the right to choose - to get a main type of work or part-time. Terms…

Part-time work on maternity leave - how to apply?

Maternity leave is the period of time that is given to a woman after childbirth. The decree can last up to one and a half ...

How to hire a full-time part-time employee?

Part-time work is very popular in large and small cities of Russia. It allows not only…

Are you paid for part-time work?

Anyone who has free time can use it to earn extra money. Make it enough...

How to hire a soldier to work part-time under a contract?

The specifics of military service make it difficult to combine it with other work. But if a military person wishes to acquire ...

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 h. 1 Article. 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 teacher, stipulated in an employment contract, may be limited to the upper limit in cases provided for by the model provision on educational institution.
Like any other employees, teachers have the right to work part-time, i.e. perform other regular paid work with the same or another employer in their free time from their main job. 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 - Decree N 41) establishes the features of part-time work of pedagogical, medical, pharmaceutical workers 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 work and does not require the conclusion of a separate employment contract.

Not a combination:
- pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year (clauses "c", clause 2 of Resolution No. 41);
- pedagogical work in the same primary or secondary institution vocational education, in a preschool educational institution, in an educational institution of general education, an institution additional education children and other children's institution with additional payment (paragraphs "e" of paragraph 2 of Resolution No. 41);
- work in the same educational institution or other children's institution in excess of the established norm of hours of pedagogical work for the rate wages pedagogical workers, as well as accompanists, accompanists for the training of artists (clause "h", clause 2 of Resolution No. 41).
The performance of such work is allowed during the main working hours with the consent of the employer in the same institution in which employees work at their main place of work, without registering an internal part-time job. The employer independently determines the types and scope of work that, without prejudice to the main work, can be performed by one or another employee.
Clause 3 of the Appendix to the Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the salary rate) of pedagogical workers" established that for educators in preschool educational institutions the norm of hours of pedagogical work for the salary rate is 36 hours in Week.
In accordance with the provisions of Art. Art. 92, 333 of the Labor Code of the Russian Federation, this means that for educators the norm of hours of pedagogical work per week is equal to the maximum working hours of pedagogical workers for the same time. If a preschool teacher works more than 36 hours a week, he works outside of his working hours. Decree N 41 does not specify how, in this case, to formalize the performance of such work, because, according to the meaning of paragraph 2, the work listed in it is performed by the employee during the main working hours.
Guided by the general rules established by the Labor Code of the Russian Federation, the performance by a teacher of a preschool educational institution of work in the same position in the same institution in excess of 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) .
If the parties decide to formalize the performance of work in this way, they must take into account that the duration of the work of a part-time educator cannot exceed 18 hours a week (paragraph “b”, paragraph 1 of Resolution N 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. With him, you can draw up an employment contract at the main place of work and two employment contracts on internal part-time work, the duration of work for each of which is 18 hours a week.

Pedagogical workers are not prohibited from engaging in pedagogical activities with another employer outside of regular working hours. These relations can be formalized by an employment contract on work on the terms of external part-time employment.

Example 2. music director at the main job, half of the monthly norm of working time is equal to 12 hours per week. The duration of his working time on an external part-time job in the same position cannot exceed 16 hours of work per week (paragraph "b" of paragraph 1 of Resolution No. 41).
By virtue of par. "c" clause 2 of Resolution N 41 performance by a teacher additional work with hourly pay in the amount of up to 300 hours per year does not require the conclusion of an employment contract. However, performing additional work during regular working hours, but not with your employer, does not fall under any of the definitions of labor law.
The performance of such work in an institution that is not the main place of work for the music director can be formalized by concluding a civil law contract (for example, for the provision of services). Limits on hours of work established labor law, do not work in this case.

Hourly rate: 300 or 240

As already mentioned, according to Decree N 41, pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year is not 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 norm should be followed when paying for pedagogical work when applying hourly wages and what year is meant - calendar (financial), academic or year from the moment of permission for additional work.
The effect of Regulation N 81/604-K-3/6-84 regarding the features of part-time work of teaching staff is doubtful, because 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. In addition, these issues are regulated by a later normative act - Decree N 41.

Attention! In pp. "in" paragraph 2 of Decree 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 period must end on the day preceding the day on which the next year begins.
For example, a teacher is allowed to work additional hours with hourly pay from September 2, 2013. This means that they must work no more than 300 hours through September 1, 2014.

Male student with a teacher in class

Among teachers (especially among kindergarten workers with their job descriptions), the practice of part-time work is common. This happens to a large extent due to the low wages of teaching staff and the not very favorable balance of working hours.

Part-time work, within the hours prescribed by law, is not considered a combination (in which an appropriate order is issued). Therefore, it is very important to distinguish between which work it is necessary to draw up additional labor agreements, and which work is considered the norm for a teacher.

Features of part-time work of pedagogical workers 2018

Labor relations among teachers are regulated not only by the generally accepted norms of the Labor Code of the Russian Federation, but to a greater extent by the law "On Education" and Decree of the Ministry of Labor of Russia No. 41.

For teachers, annual rather than monthly labor standards are introduced. Any work of up to 300 hours per year, within the same educational institution, will not be considered a combination. Classroom management, organization and holding of educational and recreational activities are also not a combination. Teachers can resort to external and internal substitution with a surcharge without compromising the basic rate.

Is part-time work included in the preferential seniority for a teacher's pension

Teachers are included in the category of employees who are entitled to preferential retirement. After working 25 years as a teacher, educator or lecturer, an employee can retire without waiting for the legal age.

For teachers for whom combinations (with a corresponding entry in the work book) are a constant component of their working days, the issue of entering this time into the length of service under the part-time work contract is important. According to the legislation of the Russian Federation, for pedagogical workers, the combination is counted in the total length of service, provided that it is full-time. A combination at a rate less than one is not taken into account and is not added to the total experience.

Part-time leave of a teaching worker

The Decree of the Ministry of Labor of June 30, 2003 indicates that the duration of vacation for almost all teachers is set at 56 days. The exceptions are educators, methodological workers and speech therapists working in a preschool educational institution. The amount of leave for these categories is 42 days.

When combined, the corresponding period is taken as the basis duties. According to Article 286 of the Code of the Russian Federation, a part-time worker has the right to take a vacation during a period that completely coincides with the time of vacation from his main job.

Norm of hours for part-time teaching staff

Federal laws establish the basic standards of combination for working citizens. They should not exceed half the duration of the total hours. If an employee has a 36-hour work week, then he has the right to combine work, not exceeding 18 hours.

These standards are established by the government of the Russian Federation. But there is a list of individual professions that are allowed to exceed the specified norms. This list also includes teachers.

The maximum pedagogical load of a part-time worker may exceed 0.5 of the rate.

Can a part-time teacher work full-time?

Focusing on the previously indicated list of persons who are allowed to combine on other conditions than stipulated in the Labor Code of the Russian Federation, we can say that teachers can work at any rate. There are no restrictions for combining work for this category of employees and they have the right to reach one.

Payment for part-time teachers is made in accordance with the rate specified in the contract and depends on the category of the teacher and the hours worked. Paying employees educational institutions pays only for hours worked.

Employment contract part-time with a teacher - sample

Pedagogical part-time employment is regulated by the general norms of the Labor Code. The part-time partner must be registered in accordance with the laws of the Russian Federation.

When drawing up an employment contract, the employer must take into account the following nuances:

• The rate of the hired employee;
• Determine hourly wages, which directly depends not only on the work performed, but also on the category of teaching staff;
• Schedule of work, taking into account the performance of functions for the main activity.

The remaining clauses of the contract are not much different from the conclusion of the primary agreement. The document should indicate that the work is carried out part-time. The Code allows you to specify specific terms for which an employee is hired or make the contract open-ended. Are interrupted labor Relations on the general grounds given in the TC.

Articles 60.1 and 282 of the Labor Code of the Russian Federation establish the right of an employee to conclude labor contracts on the performance of other regular paid work with the same employer in his spare time from his main job ( internal combination) and (or) another employer ( external combination). This rule also applies to teachers. Part-time work for this category of workers is regulated by Ch. 44 of the Labor Code of the Russian Federation and Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

Within the meaning of this Decree, pedagogical workers have the right to work part-time, including in a similar position, specialty, profession, regardless of the fact that they have a reduced working time (with the exception of jobs for which sanitary and hygienic restrictions).

Part-time work is formalized by an independent labor contract, in which it is obligatory to indicate that the work stipulated by it is part-time work.

As a general rule, the duration of part-time work of pedagogical workers cannot exceed half of the monthly norm of working time, calculated from the established duration of the working week, which follows from par. 6 pp. "b" clause 1 of the Decree of the Ministry of Labor of Russia dated 06.30.2003 N 41. The duration of part-time work of pedagogical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week cannot exceed 16 hours of work per week. This follows from par. 7 pp. "b" clause 1 of the Decree of the Ministry of Labor of Russia of 30.06.2003 N 41. At the same time, the duration of part-time working hours is determined based on the length of working hours established for a specific category of teaching staff in accordance with Appendix N 1 to the Order of the Ministry of Education and Science of Russia of 12.22.2014 N 1601 For more information, see " Work time pedagogical workers" of this material.

Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation). In general educational institutions, hourly wages for part-time workers are practiced. At the same time, in areas where regional coefficients and wage supplements are established, the remuneration of part-time workers is made taking into account these coefficients and supplements.

When working part-time, annual paid leave is granted simultaneously with leave at the main place of work. The duration of vacations of pedagogical workers for their main work and part-time jobs may be different. If the duration of the part-time leave is less, the part-time worker, at his request, is granted leave without pay (Article 286 of the Labor Code of the Russian Federation).

Paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 defines the types of work of pedagogical workers that are not part-time jobs. These include, in particular:

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

Carried out by teachers, speech pathologists, teachers-speech therapists, teachers-organizers (basics of life safety, pre-conscription training), leaders of physical education, masters of industrial training, educators and others teaching staff institutions of primary or secondary vocational education, preschool educational institutions, educational institutions of general education, institutions of additional education for children and other children's institutions other regular pedagogical work in the same institution;

Performance by pedagogical workers in the same institution without classes position responsibilities for managing classrooms, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, leadership industrial training and practice of students, checking written work, extracurricular work in physical education, class management, etc.;

Work for additional pay in the same educational institution in excess of the established norm of hours of pedagogical work for a wage rate, including hours for replacing teachers who are absent due to illness or other reasons.

These types of work can be performed with the consent of the employer during the main working hours.

The performance of these types of work is not part-time work, and therefore does not require the conclusion of a separate employment contract (clause 2 of the Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41). The teacher, like any other, has the right to refuse to perform additional work, and the employer - to cancel the order to perform it, notifying the other party in writing no later than three working days (part 4 of article 60.2 of the Labor Code of the Russian Federation) .

For more information on the procedure for assigning additional work, see "Human Resources Guide. Changing the Terms of an Employment Contract".

The performance of work that is not a part-time job may be formalized in another way. To do this, a condition is introduced into the employment contract for the main job that the employee assumes the obligation to perform additional work along with the labor function stipulated by the employment contract (it is indicated which, in what volume and what are the conditions for its payment). In this case, the employee is released from additional work by changing the terms of the employment contract in the manner prescribed by Art. Art. 72, 74 of the Labor Code of the Russian Federation.