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Notification of teacher workload reduction. How to correctly formalize a change in a teacher’s workload? Reducing study load

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

Answer

Answer to the question:

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

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

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

Details in the materials of the Personnel System:

Situation:How to set a teaching load for teaching staff

Volume study load teaching staff are determined annually at the beginning of the school year and established by a local act of the educational organization. Such local acts, as well as changes to them are accepted from the trade union or other representative body of employees.

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

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

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

Alexander Zavgorodniy,

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

Law Faculty of St. Petersburg State University

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

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert

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Teaching (pedagogical) workload of a teacher - the total number of paid hours pedagogical activity per week performed within the scope of the position. This is a quantitative component of the teacher’s labor function, which is indicated in astronomical hours, including training sessions, dynamic pauses and change. According to Art. 55 of the Federal Law “On Education” is indicated in the employment contract, and its volume is established in accordance with:

staffing of the educational institution;
programs and curriculum;
working conditions in this school.

The key difficulties are related to the fact that when concluding an employment contract, the nature of the work and the volume of teaching load are not specified, and therefore the chosen standard is considered to be the number of hours corresponding to one rate for the position held.

Distribution of teaching load at school

Norms and principles of distribution of teaching load, as well as sample notifications about changes in teacher workload are regulated by the provisions of Order of the Ministry of Education and Science of the Russian Federation No. 1601 “On the duration of working hours of teaching staff and on the procedure for determining the teaching load of teaching staff specified in the employment contract,” which came into force on March 10, 2015. The document canceled the effect of a similar order No. 2075 dated December 24, 2010. The principles of distribution of teaching load specified in the ministerial order are relevant for

Teachers and instructors for whom the norm for teaching hours is 18 hours per week at the salary rate;

Teachers, senior teachers additional education;

Trainers-teachers, senior trainers-teachers;

Teachers of secondary vocational education organizations, the standard hours of educational (teaching) work for whose salary rate is 720 hours per year;

Teachers who are on parental leave until the child reaches the age of three;

Persons filling positions of teaching staff for a certain period of time, part-time, or performing other work along with the work specified in the employment contract;

Teachers from among the teaching staff.

The new regulatory act establishes a mandatory indication of the workload in a teacher’s employment contract. Any change in the scope of the teaching load must be formalized in the form of an additional agreement to the main employment agreement in writing.

If a teacher works in an educational institution under the main employment contract, he must be provided with a teaching load at the full rate of salary (with the exception of a written statement reflecting the teacher’s desire to reduce the amount of work). It is important to emphasize that at the legislative level the upper limit Teacher's workload for the new school year indefined. However, in the course of distributing the teaching load in extremely high volumes per teacher, it is important for the director to remember the responsibility that he bears for the quality of the services provided in his institution. educational services.

Due to systematic changes in curricula and plans, the teaching load of teachers cannot remain at the same level throughout the entire period of his work at school, and therefore there is a natural clarification of the teaching load before the start of the new school year. Any local regulations regulating teaching work and distribution of the teaching load of employees are adopted with the participation of representatives of a trade union or other similar elected body.

In order for this process to proceed within the established legal framework, it must comply with the following rules:

All temporary or permanent changes in the teaching load, up or down, or changes in its nature in comparison with the original employment contract, are carried out by mutual agreement of all participants in the labor relationship. The load cannot be changed unilaterally.
The school director sets the volume of the teaching load for the coming year with the participation of the elected body trade union organization before the start of the annual summer vacation period, so that before the start of the new school year, all teachers know in which classes they will work. For evening teachers, schools with part-time teaching or working with children studying at home, the teaching load is distributed twice a year: before the start of the first and second semester. For teachers working part-time, restrictions apply when distributing the load in accordance with Art. 284 of the Labor Code of the Russian Federation (the permissible maximum is 9 hours per week).
Women who are on maternity or child care leave are paid as usual, but during the period of leave their working hours are temporarily transferred to other teachers. The volume of the load is determined by the corresponding order, which is then transferred to another teacher for execution. Therefore, when a teacher returns from parental leave, he must retain his workload to the extent that it was at the time he went on leave. Thus, the law protects the rights of those who are on maternity leave.
For teachers who are planning to take early retirement but have not yet completed 25 years of work experience, a workload of no less than the wage rate is assigned (since a workload of less than the 18 hours established by law is not taken into account in the length of service giving the right to a pension). For representatives of the teaching staff, the order established an upper limit of workload - no more than 900 hours per year, for the positions of tutor and teacher-librarian - working time is 36 hours per week, and for teachers of children's music schools and children's art schools, a new norm is now in effect - 18 hours per week . Despite the absence upper limit of teaching load for teachers There are objective limitations due to maintaining the quality of educational services, therefore, as a rule, the teaching load of experienced teachers does not exceed 27-36 hours per week.

According to the new Order, it is mandatory to maintain continuity of classes and relative stability of the teaching load for all teachers for whom this educational institution is the main place of work and has a rate of at least 18 hours per week. Thus, teachers working in grades 6-7 should receive hours of 7-8 in the new school year. To apply this principle to graduate teachers, assign them a workload for their subject in classes that are starting to study the subject for the first time (for example, in 5th grade).

The procedure for changing the teaching load

During the academic year, the employer cannot work the previously established volume of working hours for teachers. The workload cannot be changed at the unilateral initiative of the school administration (with the exception of cases of reducing the number of classes, hours in curricula and plans). Regardless of this, the teacher is notified in advance notification of changes in teaching load, if the previous essential working conditions cannot objectively be preserved. In the event that the teacher does not agree to work under the new conditions, in accordance with clause 7 of Art. 77 of the Labor Code of the Russian Federation, the employment contract is terminated. According to paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, if an educational institution cannot provide teachers with a workload in the amount of standard hours per salary, and teachers do not agree to work with a lesser workload, a forced measure is to reduce the number of teaching staff.

An increase in the workload is permissible only by agreement of the parties, therefore any increase in the number of working hours without written notification to the employee and the drawing up of an additional agreement to the employment contract is illegal, even if it is necessary to redistribute hours, dismissal or leave. maternity leave one of the teachers.

Publish order to change the teacher's teaching load according to sample the manager can also only by agreement of the parties. Employees whose normal workload at their main place of work is 18 hours are guaranteed to receive this amount of hours, as well as continuity of teaching in classes. Since the reason for reducing the teaching load can only be a decrease in the number of classes, students or a reduction in hours in the curriculum, hiring a new specialist or other reasons cannot be used to reduce the number of working hours of a teacher. Violations of labor legislation are also cases of reducing the workload of teachers teaching non-core disciplines after hiring workers from specialized education. The employer has the right to agree with the teaching staff that the change in the volume of teaching workload is carried out before the expiration of the warning period. In this case, the employee’s consent to reduce the teaching load is not required.

For permanent and temporary changes in the volume of the teaching load, the following applies: same rules. The teaching load changes temporarily when an employee replaces an absent colleague. An additional agreement to the employment contract is concluded with such an employee in the manner established by Articles 60.2 and 151 of the Labor Code of the Russian Federation, indicating in it the validity period - until the absence of the absent employee. Similar rules apply to vacant positions.

A teacher can also initiate a reduction in working hours for various reasons, which he informs management about by submitting a written application to the administration. In the future, the issue of teaching load will be resolved bilaterally.

If the school administration violates the norms established by law, the teacher can appeal the decision in court or the labor inspectorate.

The most common reason for requests is:

unreasonable distribution of teaching load among employees with reference to Art. 32 of the Federal Law “On Education”, according to which an educational institution has the right to independently make personnel arrangements, changing the workload annually;
lack of free workload and illegal reduction of workload for working teachers caused by the hiring of other teachers;
illegal reduction of workload based on receipt of an early retirement pension.

If a reduction in the teaching load occurs for objective reasons, the employer only needs to notify the employee in writing two months before, but does not need to obtain his consent. If the change notice teachers' teaching load for the school year was not completed or was completed with violations (forms or deadlines), within two months the employer will be required to pay the teacher for the work at the hourly rate that he had at the time of receipt of the notification. Such nuances are due to the fact that the teaching load is a quantitative component of a teacher’s work activity, allowing one to measure the amount of work performed in hours.

At the legislative level, teachers are given guarantees of ensuring a certain teaching load, which allows them to maintain a certain level of teachers’ salaries. So, if a teacher cannot be distributed the full teaching load, he can receive a salary of full size thanks to additional loading to the established norm of hours another academic work(conducting electives, clubs, teaching in an after-school group). This is relevant for:

teachers of grades 1-4 who delegate teaching courses in fine arts, music, physical culture And foreign language subject teachers;
teachers primary classes rural schools with a non-Russian language of instruction, where the teacher is not sufficiently qualified to teach Russian to students;
Russian language teachers in rural schools with non-Russian language of instruction;
physical education and foreign language teachers in rural schools and educational institutions located in chemical forestry enterprises, villages in logging and rafting enterprises.

If, for reasons beyond the employee’s control, his workload is reduced in comparison with that stipulated in the employment contract, he will be paid until the end of the year:

wages for the actual number of hours if the remaining workload exceeds the established rate;
wages in the amount of the rate, if the remaining workload is below the established rate for the rate and if the employee cannot be overloaded with other teaching work;
wages established before the teaching load was reduced, if it is below the standard rate and if the employee cannot be overloaded with other teaching work.

The onset of holidays for students, including those studying at home, is not a basis for reducing the teaching load and salaries of teachers, including in cases where the conclusion medical organization, which is the basis for organizing home schooling, is valid only until the end of the school year.

If the teaching load has been increased in comparison with that established by the contract, the teacher is paid additionally hourly in accordance with the rate received (the cost of an hour of work is calculated by dividing the monthly rate by the weekly hours specified in the contract). Additional payment may be made for replacing colleagues who are absent, for example, due to illness.

On what basis can the school principal reduce half the teaching load for next year? Is it legal for an employee to simultaneously work in two positions in one school (without part-time work)?

List of covered issues

Question 1.
On what basis can the school principal reduce half the teaching load for the next year?
Question 2.
Is it legal for an employee to simultaneously work in two positions in one school (without part-time work)?

Answer to question 1:
The main provisions defining the procedure for distributing the teaching load of teachers and cases when the teaching load can be reduced at the initiative of the employer without the consent of the teacher are provided for in paragraph 66 of the Model Regulations on educational institution, approved by Government resolution Russian Federation dated March 19, 2001 N 196 “On approval of the standard regulations on a general education institution.
According to this document, the volume of teaching load for teachers is established based on the number of hours in the curriculum and training programs, staffing levels and other working conditions in a given educational institution. The training load, the volume of which is more or less than the standard hours for the wage rate, is established only with the consent of the employee.
The volume of the teaching load established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the administration (employer), with the exception of cases of reducing the number of hours in the curriculum and training programs, or reducing the number of classes. When setting the teaching load for the new academic year, teachers for whom this general education institution is the place of their main work, as a rule, maintain its volume and continuity of subjects in classes. The workload established in the current academic year for the next academic year can be reduced at the initiative of the administration (employer), also only on grounds related to a reduction in the number of hours in the curriculum and training programs, as well as a reduction in the number of classes.
The teaching load for the new academic year is established by the head of the educational institution in agreement with the trade union body (and not just with the chairman of the trade union organization) before the end of the school year and the workers go on vacation in order to determine in which classes and with what teaching load they will work in the new academic year. In this case, the above rules and principles of distribution of the teaching load provided for in paragraph 66 of the standard regulations must be observed. The volume of each teacher's teaching load when calculating teachers at the beginning of a new school year is established by order of the head of the educational institution, also in agreement with the trade union body. The agreement by the trade union committee on the specific volume of the teaching load is again documented in a protocol. The law stipulates that the scope of the teaching load is specified in the employment contract. This means that when concluding an employment contract, the employee undertakes to work with the agreed volume of teaching load, and the employer (for the entire duration of the employment contract) is obliged to provide the teacher with the volume of teaching load stipulated in the contract.
In accordance with the law, changes can be made to an employment contract without the consent of the employee (including those relating to the volume of the teaching load) only for reasons related to changes in organizational or technological working conditions. Such changes in educational institutions are a reduction in the number of hours according to curricula and training programs or a reduction in the number of classes, which entail a change in the teaching load, and, consequently, the amount of remuneration.

Conclusion: the school administration can reduce the teaching load only with the consent of the employee. In your case, in clause 11 of the Employment contract, remuneration is made at a rate corresponding to the highest qualification category a unified tariff schedule. The employer could reduce the teaching load only with the written consent of the employee (executed by an order with familiarization against signature by the employee, or by changing the terms of the employment contract). In exceptional cases, a reduction may be made due to a decrease in the number of hours in the curriculum and curriculum or a reduction in the number of classes.

Answer to question 2.
This legal relationship is regulated by Article 60.2 of the Labor Code of the Russian Federation:
“Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract
With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of this Code).
Additional work assigned to an 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 and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

Conclusion: combination of professions (positions) can only take place with the written consent of the employee and, what is important, additional work assigned to the employee in another profession (position) during the established duration of the working day (shift) along with the work specified in the employment contract (difference from part-time work in that the work in a dual position is performed by the employee in his free time from his main job). Combination of professions general rule, is drawn up by an order with the employee familiarizing himself with signature, or by changing the terms of the employment contract, which stipulates the conditions for combining professions.

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

Answer

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

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

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

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

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

If in the middle of the school year the school administration changes the teaching load of a teaching worker due to changes in the staffing table: is it necessary to warn of this employee 2 months about this? How to correctly write the text of the order to change the teaching load in this case?

The workload of a teaching worker is one of the conditions of the employment contract concluded with him. As interdependent with the concept of workload, we can distinguish the conditions regarding the working regime and its payment. When the teaching load changes, the teacher’s work schedule and the conditions for remuneration for his work also change.

Changing the teacher's workload

Main tabs

Teaching staff are often faced with changes in the volume of their teaching load. In this material we will look at an example judicial practice the need to notify the teacher and obtain consent to change the load.

Mandatory consent is required only when the load increases. This is indicated in clause 1.7 of the Procedure for determining the teaching load, approved by Order of the Ministry of Education and Science of the Russian Federation No. 1601 dated December 22, 2014. This paragraph establishes: “a temporary or permanent change (increase or decrease) in the volume of teaching workload of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changes in the volume of teaching load of teaching staff workers in the direction of its reduction.”

When the teaching load is reduced, there is no need to obtain the consent of the teacher, however, the employer is obliged to notify him no later than two months before the actual reduction of the load (clause 1.8 of the Procedure).

Thus, a senior teacher at the institute filed a lawsuit for restoration of violated labor rights, compensation for moral damage and payment of wages. The demands are motivated by the fact that she was not paid for the processing of the completed teaching load. In addition, the employer unilaterally changed the audit workload standards based on an order that the plaintiff was not familiar with. The employer also did not notify her in writing.

The court's decision is motivated as follows. Changing the teaching load is not a significant change in working conditions and is allowed without the consent of the employee, since the volume of the load is reduced. At the same time, the employer was obliged to notify the employee of changes in working conditions established by the employment contract at least 2 months in advance.

At the same time, courts sometimes take the side of the teacher and are guided not only by the above-mentioned Procedure, which does not oblige obtaining consent when reducing the workload.

Thus, in the process of restoring the teaching load, which had been reduced without the consent of the physical education teacher, the court relied exclusively on the Labor Code. When considering the case, the court concluded that the teaching load standards underlie the remuneration of a teacher, therefore, changing the terms of the employment contract in this part is possible only with the consent of both parties to the contract.

By the decision of the Novgorod District Court of the Novgorod Region dated February 17, 2016. in case No. 2-559/16, actions to reduce the teaching load were declared illegal, the administration of the technical school was ordered to restore the previous load, as well as pay under-accrued and unpaid wages and compensation for moral damage.

There are often situations when a teacher expresses his disagreement with a change in the teaching load, but the school administration changes it anyway. In such cases, the court always takes the side of the teacher.

Thus, after receiving group 3 disability, the deputy director of the school for teaching and educational work, who combines this position with the position of “teacher,” had her teaching load changed without her consent. When reading the order to change the teaching load, disagreement was expressed, and the additional agreement to the employment contract was also not signed. When issuing the order and drawing up the additional agreement, the employer referred to the recommendations of the individual rehabilitation program, but it does not imply the impossibility of working at the same level. To protect her rights, the citizen went to court.

By the decision of the Shakhtinsky City Court Rostov region from 09/05/2013 in case No. 2-2769/2013, the school director’s order to change the teaching load was declared illegal and canceled because it was issued without the consent of the employee himself.

A history teacher went to court to appeal the reduction of teaching load without his consent. The school administration changed the teaching load due to another history teacher returning from maternity leave.

The court motivated its decision by the fact that another employee’s return from vacation does not confirm the presence of changes in organizational working conditions, which would be the basis for the employer to change the terms of the employment contract determined by the parties.

Sometimes the school administration motivates a change in a teacher’s teaching load with objective reasons independent of its actions. Such situations are always considered individually, and specific arguments are evaluated.

For example, a teacher of Russian language and literature filed a lawsuit to declare the dismissal order illegal, to reinstate him at work, to collect wages for the period of forced absence, and to compensate for moral damages.

The demands were motivated by the fact that the school administration sent him a notice of a change in the teaching load and registration this fact additional agreement to the employment contract. The notice also contained information that in case of disagreement with the change in the terms of the employment contract, it will be terminated. The plaintiff expressed his disagreement, as a result of which the employment contract was terminated at the initiative of the employer.

During the consideration of the case, the court concluded that the volume of the plaintiff’s teaching load was reduced due to the school’s transition to single-shift teaching of grades 5-11, as well as the distribution of teaching load hours among three positions of teachers of Russian language and literature with the actual occupation of these positions by teachers. Thus, the employer’s proposal to reduce the teaching load was due to objective reasons, changes in organizational working conditions and the impossibility of maintaining the previous terms of the employment contract, and in itself does not indicate a violation of the employee’s rights. In addition, the plaintiff was notified in advance and properly about the upcoming change in organizational working conditions. Since the plaintiff did not agree to work under the changed conditions, the employer rightfully issued a dismissal order.

The opposite situations also occur. A biology teacher filed a lawsuit demanding that the school director’s order “on tariffs” be declared illegal in terms of reducing the plaintiff’s teaching load. The claim is motivated by the fact that the plaintiff was notified of a reduction in biology hours to 5 hours and an offer of 14 hours of home-based biology classes. At the same time, the plaintiff's biology hours were redistributed to other teachers. The school administration justified its actions by reducing subject hours and tariffs. The notice to reduce the teaching load was sent after the actual reduction of the plaintiff’s load; consent to change the load was not received.

By the decision of the Shebalinsky District Court of the Altai Republic dated January 25, 2016. in case No. 2-3/2016, the order on “tariffing” was declared illegal in the contested part, the school was entrusted with the obligation to restore the violated right of the plaintiff in full.

Resolving the dispute, the court came to the following conclusions. According to the court, the head of the school does not have the right to arbitrarily, in violation of the principle of continuity of teaching subjects in classes, redistribute the teaching load between teachers in the absence of objective reasons. It also does not have the right to reduce a teacher’s teaching load while simultaneously increasing the load of other teachers, especially when releasing a certain amount of teaching load in a subject due to the dismissal of one of the teachers. In addition, the court emphasized that the collective agreement directly establishes agreement with the trade union committee on the order to establish the volume of the teaching load, evidence of which was not presented.

Civil initiative

For free education and medicine

New order of the Ministry of Education on the workload of teachers. Lawyer's comment

10th of March The order of the Ministry of Education and Science of the Russian Federation No. 1601 “On the duration of working hours (standard hours of teaching work per wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract, came into force.” (Text is attached to the article). A previously valid similar order (No. 2075 dated December 24, 2010) has lost its force. We are publishing a commentary on the document prepared by the legal service of the independent trade union of education workers of Cherepovets.

The new regulatory act has a number of fundamental differences from the previous order.

The difference, which is already in the name, speaks about the procedure for determining the teaching load of teaching staff, stipulated in the employment contract. This means that the teaching load must be clearly stated in the employee’s employment contract.

Pay attention to Appendix No. 2 “The procedure for determining the teaching load of teaching staff specified in the employment contract.”

In the previous order there was no such application.

Now the volume of the teaching load at the beginning of the school year is determined here.

Clause 1.1: “The procedure for determining the teaching load of teaching staff stipulated in the employment contract (hereinafter - the Procedure) determines the rules for determining the teaching load of teaching staff stipulated in the employment contract, the grounds for changing it, cases of establishing the upper limit of teaching load depending on the position and (or) specialties of teaching staff, taking into account the characteristics of their work.” And in clause 1.4 we read: “The volume of teaching load established for a teaching worker is stipulated in the employment contract concluded by the teaching worker with the organization carrying out educational activities.”

Important! If the teacher’s teaching load changes next year, then there must be an additional agreement to the employment contract on changing the teaching load, and, accordingly, it can be changed if the number of hours according to the curriculum has changed.

Please note clause 1.6, which states that the amount of teaching load established in the current academic year cannot be changed at the initiative of the employer for the next academic year.

Exceptions are listed in special point applications, and previously they were listed in standard provisions. Now model provisions no, and everything is included in the general position.

Point 1.7 is important, which states: “A temporary or permanent change (increase or decrease) in the volume of the teaching load of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract, concluded in writing, with the exception of changes in the volume of teaching load of teaching staff towards it reduction provided for in paragraphs 1.5 and 1.6 of this Procedure". That is, unilaterally, for example, on the initiative of the head, the teaching load cannot be reduced.

Also in paragraph 1.9 states that “local regulations of organizations carrying out educational activities on the issues of determining the teaching load of teaching staff carrying out educational (teaching) work, and its changes are adopted taking into account the opinion of the elected body of the primary trade union organization or another representative body of workers (if there is such a representative body).”

The previous order did not stipulate such participation of trade unions, but now it does.

Point 2.3 is important: « When determining the teaching load for the new academic year, teachers and lecturers for whom the organization carrying out educational activities is the main place of work, its volume is maintained and continuity of teaching academic subjects is ensured...” The words “as a rule” were removed from this clause, and it became mandatory.

Much attention is paid to determining the teaching load of secondary and higher education teachers vocational education, additional education. In principle, everything that was in the old order remains here.

Another innovation, which was not in the order before. Position V speaks about “the peculiarities of determining the teaching load of teaching staff who are on parental leave until the child reaches the age of three, as well as to persons filling the positions of teaching staff for a certain period of time, part-time, or performing other work along with the work specified in the employment contract” . This provision clearly states what workload is established and how it is then distributed among other teachers. Previously, in the previous order, this was not the case, and all the features were prescribed in separate local acts and in standard provisions.

In Section VI talks about determining the teaching load of teaching staff classified as teaching staff, and the grounds for changing it. And in the last one, seventh position We are talking about establishing an upper limit for the teaching load of teaching staff. General educational organizations are not mentioned here, only institutions of higher and secondary vocational education. A new point is the determination of the upper limit of the teaching load for the teaching staff. It is established in a volume not exceeding 900 hours per academic year. Less is possible, higher is not possible.

As for the hourly workload, basically the norms remained the same, as in the previous order, with the exception of the norm of hours for teachers of children's art schools and children's music schools (a single norm has now been established for them - 18 hours!).

Two new positions have also appeared - teacher-librarian and tutor, which determines the standard hours per rate, this was not previously determined. Now it is clear: the working hours are 36 hours per week of teaching work, and this category includes teacher-librarians and tutors.

Be careful and use this order in your own interests.

260 comments

Tell me what to do in a situation where the employment contract only states that the employee is assigned a workload of at least 18 hours (hourly schedule, no salary). And in the employment agreement on changing the terms of the contract, the validity period is indicated. For example, the load is set to 27 hours from 09/01/2013 to 08/31/2014. Thus, the employer avoids the obligation to maintain the workload of 27 hours for the next year, wants to reduce it, hire another teacher, etc.

Most likely, you were given 27 hours for a year - more than 1 rate. And what will happen next year is unknown.

Hello! I work at a college. In 2014, one of my colleagues went on maternity leave. Another teacher, with whom he was contracted, was hired in her place. open-ended contract. On September 1, the colleague returns from maternity leave, but the teacher who replaced her also remains. Therefore, the workload of all teachers of this academic discipline significantly reduced (to one rate). Employment contracts were concluded in the organization in 2009 without specifying the number of hours. Is it possible to challenge the administration's decision or is it legal?

It is unlikely that anything can be disputed here. A whole bet on a brother is nothing. It could be worse.

Hello! I work at a boarding school. A new director arrived in the spring. I did not pay the class management for June and August. We turned to him with a question. He said we are not working with children at this time. A group of teachers had to contact GORONO with a letter. Retrospectively, after 3 months, the director paid the class management for both months (without recalculation to vacation pay). Now he summons the signatories to his office and threatens them with dismissal and “repression.” How to proceed?

Create a trade union independent from the director. Director for threats on the carpet to the prosecutor's office. Raise the question of dismissal class teachers to parent meetings. Parents usually support the class teachers. Let the director explain to the mothers to their faces why he wants to fire their children’s main teacher.

If a teacher is ready to work with a workload of more than 2 times, 36 hours, you can conclude a part-time employment contract with him. Outside the main working hours, the employee has the right to carry out labor activities. Just don’t forget that in the working time sheet, an application, an order for leave, etc. is entered as a teacher and as a part-time teacher. similar. Naturally, everywhere according to all orders in angiology.

Can a Children's Art School teacher have a ped. workload higher than 2 rates (i.e. more than 36 hours per week)? We have a rural school, there are not many teachers, everyone is ready to work more than 36 hours. There is good results, we meet the wage fund, even with savings, but the cultural department demands a reduction in teaching. the load is up to 36 hours, although there is no order about this. What to do?

Please tell me, I have a workload of 2 rates, during my non-working hours I am forced by order to attend unplanned and non-school concerts. The director explains that I only have non-working hours on Sundays, because... We have a six-day work week, although according to the schedule I do not work either on Friday or Saturday, and there is also a threat of dismissal if I do not come to an event that has nothing to do with the work of the children's school. Am I required to attend unscheduled events outside of school when I don't have classes? I attend all events and concerts that are included in the school plan.

Your director is violating labor laws. He may ask you for overtime, but not order it. It's up to you to agree or not. And overtime must be paid double.

In our school, they don’t pay a teacher per category, or rather, they pay everyone the same, even though you’ve been working for 30 years, or 2 years, even if you have the highest category or compliance, everyone pays the same. Is this legal?

Illegal. You must pay a premium separately for the category. Let it be 100 rubles, but this amount should be reflected in the salary. The same applies to bonuses for length of service. However, from the experience of complaints to our organization, I know that they often pay one thing: either for category or for experience. You need to make a formal request to the school principal and the education department. Send us their response and we can give you advice on how to achieve payments.

They refer to Order No. 40 of the Ministry of Education of Moscow orally there is a formula for paying a teacher per student per hour and no additional payment for category and experience.

Elena, verbally it means nothing. Get an official written response from them. Or refusal of such an answer. Then file a complaint with the prosecutor's office.

Hello, if I have 3 people in my group, can the director fire me because I can’t recruit children? During working hours I am present at work but there are no children, what should I do?

and we don’t get paid extra, and many of them don’t pay us extra for combining groups in English when the second teacher is on sick leave, they say you are still working out your time, but they are paid per student hour

Good afternoon Please tell me, can a college teacher have a teaching load of more than 36 hours a week? If, referring to the Labor Code of the Russian Federation, Art. 333 the maximum study load should be no more than 36 hours per week. But according to Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 N 1601, the teaching load of a College teacher does not consist of a weekly load, but of a rate, that is, no more than 1440 hours per year.

The Labor Code is higher than departmental orders. If the college administration does not follow the 36 hour rule, then it is illegal.

Hello! I work as an additional education teacher in two places. At the main job, 1.5 rates (internal part-time), and at additional work, 0.5 rates. The total load exceeds 2 rates. Contributions to the Pension Fund are made in accordance with the law. Can the Pension Fund refuse me anything or limit the accounting of my salary when calculating my pension on the basis that I have exceeded the maximum permissible workload of a teacher? Answer me please.

Hello! I am a VET teacher, do I have to be at work 36 hours a week? Or when I’ve finished my watch, can I go home?
thanks for the answer.

Your working hours according to
your schedule training sessions. There is no concept of an irregular part of the working day in labor legislation. Therefore, they cannot force you to work after school, since there is no norm to artificially increase your working time.

Hello! I work as a music director in an educational complex in a preschool department. Until February 15, I had a workload of 1 rate, that is, 4 groups. In February, another group opened, but they refuse to pay me for it, because... it is supposedly included in my main rate. I referred to the law “On working hours ...” dated December 24, 2010, number 2075, to which I received the answer that the school itself determines what and how to pay. I have not yet been paid for the title “Honorary” general education worker"Are the school's actions legal?

Good afternoon In order to answer your question, you must first determine the legal status of your school and look at its charter. Write to me and let me know which school you are talking about. Our correspondence will remain confidential.

Hello! I work as an additional education teacher. Tell me, do I have the right to 36 teaching hours per week and on the basis of what law, if so? Thank you!

According to the order of the Ministry of Education No. 1601, the standard teaching hours for an additional education teacher is 18 hours. Order in general case provides guarantees against reducing the workload below 18 hours for a full-time teacher. As for an increase to 36 hours, that is, work at double rate, then you need to look at the specifics of your institution. Write to me for more details at Link to order http://rg.ru/2015/03/11/chasy-dok.html

Hello! All PDOs of our center are required to dial the rate at 27 hours, citing some order from our district that no one has seen. Is this legal and where should I go to find out the circumstances? Thank you!

Good afternoon Explain, are you being forced to dial in hours beyond the 18:00 rate or, conversely, are you cutting your hours to 27?

Hello. The head of a department in a professional educational organization (college) conducts the teaching load on an internal part-time basis (no more than 360 hours per academic year). The administration planned his teaching load for the 2016-2017 academic year in a smaller volume than in the 2015-2016 academic year, citing the fact that the teaching load should first of all be provided to full-time teachers. Is the administration right? What regulatory document can you rely on?

Hello! I am an SPO (college) employee. At a recent meeting, all employees were informed that due to new changes in professional standard, classroom management will be mandatory for a secondary vocational education teacher as of July 1, 2016. I would like to know whether there really is such a change in the professional standard, is it legal to impose supervision on a teacher employee, and do I have the right to refuse classroom management within the framework of current legislation?

Hello! I am an open source teacher. This school year I did a “re-reading”, i.e. I gave out more than 1440 hours. I was not paid for the exams, they say that they will pay me with incentives in September. In addition, they said that vacation pay will be calculated based on 1440 hours, and the rest is not included. They don't offer me an additional deal. agreement for a larger number of hours. The tariff does not include consultations and does not pay for them in any way, exams, or methodological guidance. Please tell me what our administration is violating and what I should do in this situation.

Hello! I am a school teacher. Subject - chemistry (middle and high school). The contract was drawn up for a workload of 18 hours. This year the load is 23 hours according to an additional agreement, i.e. 5 hours extra Next year they convince you to sign a preliminary load of 18 hours, but of these 4 hours with students homeschooling Is this legal? After all, “individuals” can leave school during the year and then the load decreases. Do they have the right to fire a teacher if they disagree?

Hello! I work as a primary school teacher using adapted programs in the past academic year had a workload of 18 teaching hours and 0.5 times the salary of a general education teacher. Yesterday, the school director gathered the teaching staff and informed everyone (against signature, orally) about the changes for the next academic year, which were prepared by the Ministry of Science and Education of the Republic of Khakassia. The essence of the changes is as follows: there may or may not be an incentive payment fund; the maximum teaching load should not exceed 22 hours; and internal part-time work is prohibited. Thus, many teachers, incl. and I remain only with a load of 18 hours, i.e. bet and that's it. Is this decision legal? I’m outraged by the uncertainty with incentive payments, and they won’t give me a part-time job, so how can I survive?

The decision is legal. If you want to achieve an increase in wages, then you need to create a trade union and enter into a collective labor dispute with the employer.

A trade union, that is, there is no result from the work of trade unions. Even the high-profile situation in the republic in the winter regarding the abolition of incentive payments was beyond the capabilities of the trade unions, and now they will even be unable to influence anything.

Do changes in a teacher’s workload need to be documented in an additional agreement?

How often can additional agreements be concluded with teachers in connection with changes in their workload: is it necessary to conclude an additional agreement for each change, or is it possible to simply carry out changes without concluding an additional agreement with school orders “On changes in workload”? The problem is that a teacher’s workload may change every month.

According to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

The Labor Code of the Russian Federation does not establish restrictions on the number of additional agreements concluded.

Order on the workload of teaching staff Sample

Setting the teaching load

Is it necessary to indicate the amount of teaching workload of a teaching worker in an employment contract with him or her? Does the head of an educational institution have the right to change the volume of his teaching load without the employee’s consent?

Yes, stipulating in the employment contract the scope of the teaching load (teaching work) is prerequisite his conclusions. In this case, the employee assumes the obligation to work with the agreed volume, and the employer is obliged to provide him with this volume for the entire duration of the employment contract.

If for some reason the employment contract is not drawn up in writing or it does not indicate the volume of teaching load (teaching work), then it is considered that the teacher or educator works with the volume established by order of the head of the school or kindergarten when they are hired.

The volume of teaching load (teaching work) is established based on the number of hours in the curriculum and programs, the availability of staff at the educational institution and other working conditions. According to established practice, it is determined with the following frequency:

For teachers of evening (shift) secondary schools (classes) with full-time and correspondence courses, correspondence schools, as well as teachers teaching children undergoing long-term treatment in a hospital - twice a year before the start of the first and second half-years.
For teachers of other general education institutions - once a year before the start of the school year. Moreover, depending on the number of hours provided for by the curriculum, the teaching load may be different in the first and second academic semesters.

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

The amount of academic workload established at the beginning of the academic year cannot be reduced at the initiative of the employer during the academic year, as well as when distributing it to the next academic year, except in cases of reducing the number of hours in the curriculum and programs, or reducing the number of classes.

For teachers for whom school is their main place of work, when distributing the teaching load, as a rule, continuity of teaching subjects in classes is maintained. For this purpose, graduate teachers are given a teaching load in classes where the study of this subject begins for the first time.

Hiring other teachers or providing the teaching load to persons who will carry it out in addition to their main work cannot serve as a basis for redistributing the teaching load of teachers of an educational institution.

The volume of educational (teaching) workload of employees is the basis for determining the amount of remuneration for their work. Therefore, its distribution for the new academic year is fixed in the local regulatory act of the educational institution (order or regulation), adopted taking into account the opinion of the elected body of the primary trade union organization. This opinion is taken into account in the following order:

The employer in the cases provided for Labor Code RF, federal laws and other regulatory legal acts of the Russian Federation, collective agreement, agreements before making a decision directs the local project normative act and justification for it to the elected body of the primary trade union organization, representing the interests of all or the majority of workers.
The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.
If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may, within three days after receiving the reasoned opinion, conduct additional consultations with the elected body of the primary trade union organization in order to achieve a mutually acceptable solution.
If no agreement is reached on any issue, disagreements are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate the procedure for a collective labor dispute in the manner established by labor legislation.
The State Labor Inspectorate, upon receipt of a complaint (application) from the elected body of the primary trade union organization, is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is detected, issue the employer an order to cancel the specified local normative act, which is mandatory for execution.

During the academic year, the volume of the educational (teaching) load or the nature of the work may change by mutual agreement of the parties. Changes are formalized by order of the head of the educational institution.

The maximum volume of teaching load for school teachers (except for cases of their part-time work in other educational institutions) is not provided for by the legislation of the Russian Federation.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 333, 372
Law of the Russian Federation “On Education” dated July 10, 1992 No. 3266-1 (as amended on June 17, 2010). Clause 6 Art. 55
Decree of the Government of the Russian Federation of 04/03/2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff of educational institutions”
Model regulations on a general education institution, approved. Decree of the Government of the Russian Federation dated March 19, 2001 No. 196 (as amended on March 10, 2009). P. 66

Does the law provide any guarantees for teachers who cannot be provided with a full teaching load?

Yes, teachers who cannot be provided with a full teaching load are guaranteed payment of the full salary rate, provided that they are supplemented with other teaching work to the established standard. This guarantee is provided:

Teachers of grades 1-4 when transferring teaching lessons in a foreign language, music, visual arts and physical education for specialist teachers.
Teachers of grades 1-4 in rural schools with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons.
Russian language teachers in rural primary secondary schools with non-Russian language of instruction.
Physical education teachers of rural schools, foreign language teachers of schools located in the villages of logging and floating enterprises and chemical forestry enterprises.

If the transfer of curriculum hours for classes in grades 1-4 in music, fine arts or physical education has resulted in a reduction in teachers' teaching load, and the remaining teaching load is less than 20 hours per week, then these teachers must be paid a salary in an amount not lower than the monthly wage rate, provided that they are supplemented with other teaching work to the established standard hours. Here is a possible wording of the corresponding order from the head of an educational institution.

In accordance with the Decree of the Government of the Russian Federation dated 04/03/2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff”

Transfer the teaching of physical education lessons in grade 2 “B” for 2 hours a week to teacher V.A. Petrov with his consent.
Add additional workload to teacher of class 2 “B” N.S. Ivanov in return for the physical education lessons transferred to teacher V.A. Petrov with pedagogical work on conducting individual lessons at home with 2 “B” class student Alexei Mikhailov for 2 hours a week while maintaining payment of the full wage rate.
For hours of teaching work on individual training at home, produce N.S. Ivanova’s salary increased by 20%.

If the educational institution has not created the necessary material base for teaching music, fine arts or physical education by specialist teachers or there are no such teachers, as well as in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, incl. with the corresponding additional payment for teaching work exceeding 20 hours per week.

The transfer of teaching other subjects (for example, labor lessons) in primary grades without the consent of teachers is not allowed.

The legislation also provides guarantees for teachers whose teaching load is reduced during the school year for reasons beyond their control. In this case, until the end of the academic year they are paid wages:

For the actual number of hours worked, if the remaining load is higher than the established rate.
In the amount of the rate, if the remaining load is below the established norm for the rate (if it is impossible to additionally load them with other teaching work).
In the amount established before the reduction of the teaching load, if it was initially below the standard rate (if it is impossible to additionally load them with other teaching work).

Guarantees of maintaining wages actually mean that until the end of the academic year from by the specified employees The employment contract cannot be terminated regardless of the amount of remaining academic workload or even in its complete absence.

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