Do part-time teachers fall under Decree 761? Features of the work of part-time teachers. Separate agreement: to draw up or not

23.05.2020

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 . Apart from teaching staff in the law are assigned to a separate group medical representatives and pharmacists.

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. However, this rule is only relevant if 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 an application, and additional 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, the marginal rate of 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, Russia completely banned the implementation of labor functions in two positions with the preservation of the full rate 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 payment of part-time teachers is carried out in general order- According to 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.

RESOLUTION

ABOUT THE PECULIARITIES OF PART-TIME WORK

PEDAGOGICAL, MEDICAL, PHARMACEUTICAL

WORKERS AND WORKERS OF CULTURE

According to Article 282 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" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 15, item 1368) 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 regulatory legal acts Russian Federation established sanitary and hygienic restrictions);

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 bodies local government, - in the manner determined by the authorities state power subjects of the Russian Federation or local authorities;

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

For pedagogical workers (including 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 teaching staff additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working hours, calculated from the established duration of the working week;

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

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

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without employment 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 primary or secondary institution vocational education, in preschool educational institution, in an educational institution general education, an institution of additional education for children and other children's institution with additional payment;

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 in excess of 36 hours is possible on the basis of an employment contract for work on the terms of internal part-time work (Decision Supreme Court RF dated 12/21/2006 N GKPI06-1518). If the parties decide to formalize the 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 (paragraphs "b" of clause 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.

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? 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.

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. Fulfillment by teaching staff certain types works listed in para.
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

An integral point in the execution of a part-time contract is hourly rate working day of the teacher 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 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 labor 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 labor law as well as internal regulations.

In addition, these matters are regulated by the later normative act- Decree 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.

By general rules established h. 3 Article. 14 of the Labor Code of the Russian Federation, terms calculated in years, months, weeks expire on the corresponding date last year, month or week. Thus, a one-year term must end on the day preceding the day on which the next year begins. For example, a teacher is allowed to extra work with hourly pay from September 2, 2013. This means that until September 1, 2014

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 model provision about an educational institution. Like any other employees, teachers have the right to work part-time, i.e.

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 another employer, and in combination, he takes on part additional responsibilities or expands the volume of work already performed at the main place of work in the same position. 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 Pedstazh includes the fulfillment of pedagogical, managerial and methodological duties in educational institutions.

Nuances Part-time work for teachers is not prohibited, but it has its own specifics. Not all types 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.

Part-time worker payments An external part-time teacher must be paid a 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

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 regards the labor of persons employed 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

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 public institutions have the legally enshrined right to be certified for any category, both in the main and in extra bed labor. 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.

Male student with a teacher in classroom

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 the corresponding entry in the work book) are a constant component of their workdays, the issue of entering this time into seniority under a part-time labor contract. According to the legislation of the Russian Federation, the combination of teaching staff is counted in general experience work, provided that it is issued on a full-time basis. 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 combining, the period corresponding to the duties performed is taken as the basis. 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 working 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 the specific terms for which the employee is hired or make the contract open-ended. Are interrupted labor Relations on the general grounds given in the TC.