Part-time work of teachers. If the teacher works on a part-time basis. Can a teacher work part-time

Educational workers, like other working citizens, have the right to receive additional work for. For this category of citizens there are no restrictions in finding additional sources of income. If a teacher has free time and a physical opportunity for additional work, he can receive the status of a part-time job.

But at the same time, it should be borne in mind that pedagogical activity has its own characteristic nuances, which must be taken into account when applying for an additional part-time job.

Additional work in the teaching field is regulated by a separate Resolution of the Ministry of Labor, issued in June 2003 under number 41.

Some legal regulations for the specified category of workers are contained in the 44th chapter Labor Code, but the above regulation specifies and lists all the basic requirements and conditions.

Teachers can get a part-time position both in one institution, and in several, if this type of employment is possible (there is free time). Moreover, they can occupy a position similar to the main workplace, or engage in activities of a different kind.

A number of conditions are put forward for the duration of the working day (it is established in accordance with a joint agreement with employers):

• you cannot work on a monthly basis using more than half of the working hours established for the specified period;
• the working week cannot exceed sixteen hours (this requirement applies to both teachers and trainers-teachers).

If the teacher, with the consent of the management, is engaged in professional activities in the center for continuing education in the main work time, it retains full salary at the main place of work.

At the same time, a number of jobs cannot be counted as part-time jobs.

It:

• Any activity without taking into account the employee in staffing table... For example, literary, scientific or any other creative work.
• One-time consulting activity with the same one-time payment, carried out with the consent of employers (no more than 300 hours annually).
• Works with hourly wages(their duration should not exceed 300 hours per year).
• Management of doctors and graduate students, head of a department or faculty by agreement with employers and without entering into the staffing table.
• Activities in the same preschool, general, special or higher educational institution with the right to combine positions.
• Management of commissions, management of offices and laboratories, conducting practical classes for students without making a position in the staffing table.
• Labor activity carried out in the same institution for an additional fee ().
• Organization of excursions on piecework or hourly pay, provided that the position is not included in the staff.

Features and ability to work

Also, restrictions are set for directors employed in state or municipal institutions... These persons are allowed to combine only basic and scientific activities.

With regard to non-state educational institutions, they are managed by the board of trustees or founders. Obtaining a concurrent job permit for directors depends on the listed governing bodies. Such permission is not required only in one case - if the director is sole founder... In this case, he can independently make any decision that is convenient for him regarding the features labor activity.

Educators, along with teachers, have the right to search for an additional job.

If a part-time job is found at the same employer, that is, it is carried out within the same institution, we are talking about combination, not part-time. Consequently, a separate contract is not concluded and a separate salary is not established. The teacher receives a supplement for overtime work.

Also, educators have the right to work for several employers at once.

Employees of universities, according to labor legislation, have certain benefits in the field of additional employment.

Additional work, paid separately for this category of workers, includes literary, scientific and any other creative activity. Also paid is the management of a department or faculty, management of student practice, doctors or graduate students.

Teachers have, in common with working citizens, the right to obtain an additional job both within one institution and with another employer.

At the same time, they are paid additionally for class management, organization of excursions and other events, laboratory management.

If a teacher has additional employment within the same educational institution, paid additionally, there is no need for him to look for additional part-time jobs.

Salary

Pedagogical workers carrying out part-time work have the right to all social and additional payments prescribed by law and established by local documents.

Payment for labor activity for them is carried out in proportion to the hours worked. However, this rule is not mandatory for all educational institutions. Local documents (collective agreement) may establish a fixed or other method of payment. For example, money is credited not for the time worked, but for the established and completed amount of work.

Thus, a teacher or educator with several jobs will receive at each of them. Also, the total monthly amount will include a surcharge for one-time activities or work that is not considered part-time. For example, for teaching a class.

For teachers and educators employed in state institutions, an opportunity is provided to improve their qualifications in extra seat work.

After that, the amount charged for this position will increase. We are talking about certification for the second, first and highest category.

The nuances of providing a vacation

Rest at an additional workplace for part-time workers is provided simultaneously with the vacation period issued at the main place of work. This is an annual vacation period.

If a part-time worker has worked less than six months, he still has the right to formalize vacation days. They are provided in advance.

If the vacation period for an additional job is shorter, the employer is obliged to additionally arrange days without payment (at his own expense). This will allow both holidays to be equal in length. But at the same time, you cannot increase the vacation period at the main workplace!

The duration is largely determined by the type of activity of the teacher:

1. Speech therapists, educators and methodologists employed in preschool institutions receive 42 days of rest.
2. The same categories of workers engaged in work with children with disabilities or other health limitations can arrange 56 days of rest.
3. Teachers employed in incomplete secondary and secondary educational institutions have 56 days of rest.
4. Teachers of universities and special educational institutions, as well as deans and professors can issue 56 days of vacation period.

At the same time, for calculating vacation funds, wages for all jobs occupied by a specific employee are taken into account.

Installed in accordance with the government decree, adopted in November 2002 under number 813, as well as with the decree of the Ministry of Labor, issued in June 2003.

Sick leave

Employees get sick no matter what position they are in. Therefore, payment for periods of temporary disability is carried out at the workplace received as a part-time job.

This rule is laid down in the Law on social insurance... Any citizen who is officially employed (with the conclusion of an agreement) has the right to receive monetary compensation for the period spent at home on sick leave or for the period of treatment in a hospital.

But it should be borne in mind that according to the requirements of the Ministry of Health, a person who is a part-time job must be at least two years old. If the teacher or educator does not have the specified experience, he has the right to receive monetary compensation only at the main place of work.

This rule is due to the fact that the calculation of payments is made taking into account the last two years of continuous labor activity.

It should be noted that a short length of service (less than two years) recorded at the main workplace requires the employee to provide a certificate from the previous place of work (information about income for the last 24 months).

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• Can a teacher work part-time?
• Combination and combination in budgetary institutions

Part-time and combination of teaching staff The main provisions and features of part-time work are enshrined in the law. However, the specifics concerning specifically pedagogical workers are not specified in detail.

Combination and combination of teaching staff

Resolution N 41 implementation teacher additional work with an hourly wage of up to 300 hours per year does not require an employment contract. However, performing additional work during regular working hours, but not with your employer, does not fall under any of the definitions of labor law. music director the main place of work, can be formalized by concluding a civil contract (for example, for the provision of services). The restrictions on the duration of working hours established by labor legislation do not apply in this case.

Hourly pay: 300 or 240 As already mentioned, according to Resolution No. 41, pedagogical work is not part-time on the terms of hourly pay in the amount of not more than 300 hours per year.

Part-time teacher work

By Resolution N 41, part-time jobs for teachers cannot be considered:

• scientific, literary or other creative activity, which is not assigned an additional vacancy in the state;
• carrying out 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 in the same educational institution, as well as supervising graduate students, doctoral students, managing a department or faculty, class leadership, chairmanship in various commissions, industrial training and practices, managing offices, 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 as a combination for a fee.

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Attention But federal legislation also introduces other norms that concretize the specifics of combining employment for certain categories of specialists, and are binding on both employers and employees. These categories include pharmacists, doctors, employees of cultural and educational institutions. The specifics of the part-time work of teaching staff will be the focus of attention in this article.

Combining work with teachers: how to issue (komarova V.V.)

Possibility of passing certification For teachers who work in state (municipal) educational institutions, the legislation provides for the opportunity to pass certification for II, as well as I or the highest category not only at the main place of work, but also part-time. Vacations Teachers "go" on paid part-time leave in the same period when the annual leave at the main place of work is granted. Moreover, if half a year has not been worked out yet, and the vacation time for the main job has already come, then the rest will still be provided (vacation in advance). The majority of workers in the educational sector are entitled to extended leave.

Features of part-time work for teachers

Resolution No. 41 does not specify how, in this case, to formalize the performance of such work, because, within the meaning of clause 2, the works listed in it are performed by the employee during the main working hours. educational institution work in the same position in the same institution in excess of 36 hours is possible on the basis of an employment contract for work on an internal part-time basis (Decision of the Supreme Court of the Russian Federation of 12.21.2006 N GKPI06-1518). that the duration of the part-time teacher's work cannot exceed 18 hours per week (subparagraph "b" of paragraph 1 of Resolution N 41). Example 1. The teacher wants to have a total workload of 72 hours a week, of which 36 hours at the main place of work.

Pedagogical activity and part-time job

Info

In addition, these issues are governed by a later regulation- Resolution N 41. Attention! In pp. "In" clause 2 of Resolution N 41 does not mention academic or working years. It is more logical to determine the load within a limited amount of pedagogical work with hourly pay per year, the counting of which starts from the day determined by the parties, or from the day when the employer agreed to the pedagogical worker to perform such work.

Combination and combination of teachers

For teachers working in boarding schools, the tariff rate is increased by 20% (multiplying factor) and, thus, will amount to 4200 rubles (3500 rubles * 1.20). Teacher's salary: 4200 * 10/20 = 2100 rubles. Possibility of passing certification For pedagogical workers who work in state (municipal) educational institutions, the legislation provides for the opportunity to pass certification for II, as well as I or higher category, not only at the main place of work, but also part-time.

Leave Teachers “go” on paid part-time leave in the same period as the annual leave at the main place of work is granted. Moreover, if half a year has not been worked out yet, and the vacation time for the main job has already come, then the rest will still be provided (vacation in advance). The majority of workers in the educational sector are entitled to extended leave.

Attention

An integral point in concluding 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. The size and procedure for remuneration of the employee is discussed separately.

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's consider a few typical questions that arise when a teacher works with additional workload. Separate agreement: to make or not By virtue of Part 1 of Art. 333 of the Labor Code of the Russian Federation for pedagogical workers, a reduced working time is established - no more than 36 hours per week. According to part 2 of this article, the teaching load of a teacher, stipulated in an employment contract, may be limited by the upper limit in cases stipulated by the model regulation on an educational institution. Like any other employees, teachers have the right to work part-time, i.e.

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It also defines the main criteria for distinguishing between part-time and combination of teachers, educators and teachers. The work of teachers in combination and combination The main difference between these concepts is that in the case of combination of jobs, the teacher performs a different function for another employer, and in combination - takes on part of additional responsibilities or expands the volume of work already performed at the main place of work for the same position. IMPORTANT Part-time employment must necessarily be formalized in a separate agreement, and when combined, the expansion of the functionality and payment for its implementation are negotiated in addition to the existing contract.

Features of part-time work for teachers

By Resolution N 41, part-time jobs for teachers cannot be considered:

• scientific, literary or other creative activity, which is not assigned an additional vacancy in the state;
• carrying out 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 in the same educational institution, as well as supervising graduate students, doctoral students, managing a department or faculty, class leadership, chairmanship in various commissions, industrial training and practices, managing offices, 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 as a combination for a fee.

Part-time teacher work

Additional hours of part-time workers will be counted in the preferential teaching experience for calculating early retirement pension only if they work in second place at a full staffing rate. Such length of service can be confirmed on the basis of the employer's certificates issued in accordance with the requirements of the law and containing all the requisites established by law. Additional Information The teaching experience includes the fulfillment of pedagogical, leading and methodological responsibilities in educational institutions.

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

Pedagogical activity and part-time job

The duration of part-time work within a 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 teaching staff, for whom 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;

It is possible to have a part-time job during the main working hours. wages at the main place of work.

Combination and combination of 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 SPECIFICATIONS OF JOINT WORK OF PEDAGOGICAL, MEDICAL, LABORATIVES AND PHARMACEUTICALS Article 28 Russian Federation(Collected Legislation of the Russian Federation, 2002, N 1, Part I, Art. 3) and Resolution of the Government of the Russian Federation of April 4, 2003 No.

Combining work with teachers: how to issue (komarova V.V.)

Teachers have the right to work part-time at the place of their main 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 pedagogues who have half of the monthly working time for their main job less than 16 hours a week - 16 hours of work per week.

Part-time 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 on a part-time basis

An integral point in concluding 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. The size and procedure for remuneration of the employee is discussed separately.

Important

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

Features of the part-time work of teaching staff

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

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

Features of part-time work of teaching staff of the Republic of Belarus

Attention

In this case, employment contracts for internal or external part-time work are concluded with the employee. Attention! Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 (hereinafter referred to as Resolution N 41) establishes the features of part-time work of teaching, medical, pharmaceutical workers and cultural workers. Execution by teaching staff certain types works listed in p.

Features of the part-time work of teachers

Additional information In calculating the average earnings when calculating various compensations for pedagogues working in several places of work, salaries for all types of part-time jobs are included. Part-time certification Teachers-workers government agencies have the legally enshrined right to pass certification for any category, both at the main and at the additional place of work. Leave A part-time leave is granted simultaneously with leave for the main position.

Almost the entire teaching staff has the right to extended leave - their duration is determined by RF Government Decree No. 466. The duration of the leave of teachers can vary from 42 to 56 days, depending on the type of educational institution-employer and the position held in it.

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's consider a few typical questions that arise when a teacher works with additional workload.

Separate contract: to draw up or not

By virtue of Part 1 of Art. 333 of the Labor Code of the Russian Federation for pedagogical workers, a reduced working time is established - no more than 36 hours per week. According to part 2 of this article, the teaching load of a teacher, stipulated in an employment contract, may be limited by the upper limit in cases stipulated by the model regulation on an educational institution.
Like any other employee, teachers have the right to work part-time, i.e. perform other regular paid work in their free time from the main job for the same or for a different employer. In this case, employment contracts for internal or external part-time work are concluded with the employee.

Attention! Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 (hereinafter referred to as Resolution N 41) establishes the features of part-time work of teaching, medical, pharmaceutical workers and cultural workers. The performance of certain types of work by pedagogical workers listed in clause 2 of Resolution N 41 is not considered part-time and does not require the conclusion of a separate employment contract.

Are not part-time jobs:
- pedagogical work on the terms of hourly wages in the amount of not more than 300 hours per year (clauses "in" clause 2 of Resolution N 41);
- teaching work in the same primary or secondary institution vocational education, in a preschool educational institution, in an educational institution general education, institution additional education children and others children's institution with additional payment (subparagraph "e" of paragraph 2 of Resolution N 41);
- work in the same educational institution or other childcare institution in excess of the established norm of hours of teaching work for the rate of wages of teachers, as well as accompanists, accompanists for the training of art workers (subparagraphs "z" of paragraph 2 of Resolution N 41).
The performance of such work is allowed during the main working hours with the consent of the employer in the same institution in which the employees work at the main place of work, without registering an internal part-time job. The employer independently determines the types and amount of work that, without prejudice to the main work, can be performed by this or that employee.
Clause 3 of the Appendix to the Order of the Ministry of Education and Science of Russia dated 12.24.2010 N 2075 "On the duration of working time (the norm of hours of pedagogical work for the wage rate) of pedagogical workers" established that for educators in preschool educational institutions the norm of hours of pedagogical work for the wage rate is 36 hours in Week.
In accordance with the provisions of Art. Art. 92, 333 of the Labor Code of the Russian Federation, this means that for educators, the norm of hours of pedagogical work per week is equal to the maximum duration of the working time of pedagogical workers during the same time. If a preschool teacher works in excess of 36 hours a week, he or she works outside of his working hours. Resolution No. 41 does not specify how, in this case, to formalize the performance of such work, because, within the meaning of paragraph 2, the works listed in it are performed by the employee during the main working hours.
Guided by the general rules established by the Labor Code of the Russian Federation, the performance of the teacher of a preschool educational institution of work in the same position in the same institution in excess of 36 hours is possible on the basis of an employment contract for work on an internal part-time basis (Decision of the Supreme Court of the Russian Federation of 12.21.2006 N GKPI06-1518) ...
If the parties decide to formalize the performance of the work in this way, they must take into account that the duration of the part-time teacher's work cannot exceed 18 hours per week (subparagraph "b" of paragraph 1 of Resolution N 41).

Example 1. The teacher wants to have a total workload of 72 hours a week, of which 36 hours at the main place of work. With it you can arrange labor contract at the main place of work and two employment contracts about internal part-time, the duration of work for each of which is 18 hours per week.

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

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

Hourly Wage: 300 or 240

As already mentioned, according to Resolution No. 41, pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year is not part-time. However, there is an earlier document - the Regulation on the conditions of part-time work, approved by the Resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the All-Union Central Council of Trade Unions of 03/09/1989 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 as to what norm to be guided by 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.
The effect of Regulation N 81/604-K-3 / 6-84 regarding the specifics of part-time work of teaching staff raises doubts, tk. by virtue of Art. 282 of the Labor Code of the Russian Federation, these features should be established in the manner determined by the Government of the Russian Federation. In addition, these issues are regulated by a later normative act - Resolution N 41.

Attention! In pp. "in" paragraph 2 of Resolution N 41 does not mention academic or working years. It is more logical to determine the load within a limited amount of pedagogical work with hourly pay per year, the counting of which starts from the day determined by the parties, or from the day when the employer agreed to the pedagogical worker to perform such work.

According to the general rules established by Part 3 of Art. 14 of the Labor Code of the Russian Federation, terms calculated in years, months, weeks, expire on the corresponding date of the last year, month or week. Thus, the one-year term must end on the day preceding the day on which the next year begins.
For example, an instructor is allowed additional work with an hourly rate from September 2, 2013. This means that until September 1, 2014 inclusive, they must have worked no more than 300 hours.

Part-time job is very convenient for workers who have a small amount of employment at their main place of work. For educators, part-time work is often very important. It provides additional income.

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

Features of part-time work of teaching staff

The peculiarities of part-time work of teaching staff are spelled out in the Labor Code of the Russian Federation. The norms of the law establish such a right of the teaching staff. Along with other professions, they have the right to combine positions with one or more employers.

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

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

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

How many hours can a teacher work part-time?

As stated above, teaching staff can work both within 36 hours and beyond. For example, a Russian language teacher may be full-time in the main job at a school. His working hours will be a full 36 hours. But besides this, the teacher can also work in 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 at the main place for 36 hours a week and at the additional place for 20 hours or more. In any case, this is the right of the teacher and it cannot be limited. After all, the law does not contain any restrictions on the hours of work.

How is a part-time employment contract drawn up with a teacher?

When documenting an agreement between a teacher and an employer, there are two main options.

They should be considered in more detail:

• When performing duties in one organization, you do not need to draw up a separate contract. It is enough just to draw up an additional agreement. This document will consolidate the change and implementation 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 basic 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 working day... After all, the duration in one place should not contradict the duration in another.

Part-time employment contract with a teacher - sample

An employment agreement should include several key sections. These are the rights and obligations of the parties, the functions of the employee and the procedure for payment. For example, the employer is obliged to provide the employee with decent working conditions. And the employee is obliged to perform his functions and not violate the provisions of labor legislation, as well as internal norms.

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

Is part-time work included in the preferential length of service for retirement with a teacher?

If such an employee does not work in the pedagogical sphere for his main job, then this particular length of service is taken into account. Therefore, he will not be included in the preferential length of service. Only if the main place is associated with teaching, this time will be included in the preferential experience. But it cannot be counted twice. Only seniority at the main place will be taken into account, and not part-time.

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