How many hours of work per day does a cultural organizer have in a rural dk? B. The procedure for calculating the wages of leaders of circles, military leaders, leaders of physical education and administrative and economic personnel of educational institutions

Unfortunately, the legal framework governing this issue has not been updated. Therefore, both in regional regulations and in local acts of cultural and leisure institutions, the provisions of the Instruction on the calculation procedure are still reflected wages workers of cultural and educational institutions, approved by the Ministry of Culture of the USSR on 12/29/1976 (hereinafter referred to as the Instruction), the resolution of the All-Union Central Council of Trade Unions Secretariat dated 09/11/1987 No. 25-15 "On the approval of the regulations on clubs (studios) organized on the basis of self-sufficiency trade union committees, cultural and educational, out-of-school institutions of trade unions "(hereinafter - Resolution No. 25-15), Methodical recommendations on organizing the work of local self-government bodies in solving issues of creating conditions for the development of local traditional artistic creation approved by the order of the Ministry of Culture of Russia dated May 25, 2006 No. 229.

At the same time, according to Art. 91 of section 4 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (hereinafter referred to as the Labor Code of the Russian Federation), the maximum (or normal) working time is set at 40 hours per week.

"Finalize" the missing 85.8 astronomical hours of full-time managers club formations must, in accordance with the provisions included in the contract with the team leader (accompanist), which must specify how many hours a week are allocated for training with team members, how much for organizational and methodological work, how much for preparing events, selecting a repertoire, etc. etc. etc.).

In connection with the transition to a sectoral wage system, the existing working time standards for the leaders of club formations can be considered the basis for determining the minimum base salary (in accordance with qualification group). The rest of the salary (mainly incentive payments) refers to the activities of full-time managers, not directly related to training sessions, but determining the effectiveness of their work as a whole - planning the activities of the team and meeting the performance indicators of the base institution, the achievement of the team members of a high performing level , creation of new high-quality concert programs, numbers, pieces, etc.).

Important! Since the specifics of the working hours and rest hours are not regulated at the legislative level, the working hours and rest hours of managers creative teams cultural and leisure institutions are established by institutions independently by the internal labor regulations of the institution (Art.189, Art.190 of the Labor Code of the Russian Federation), which are approved by the employer, taking into account the opinion of the representative body of workers and are regulated by collective agreements, agreements and other local regulations within the framework of labor legislation Russian Federation.

The issue of regulating the peculiarities of the working hours and rest hours of workers of cultural and leisure institutions is legislatively worked out by the relevant structural divisions Ministry of Culture of Russia.

Taking into account the lack of elaboration of the issue under consideration, the heads of institutions have to independently make a decision to resolve the described contradictions.

Tip: A way out of the situation can be the conclusion of employment contracts with the leaders of the circles on a full working week (40 hours) and the inclusion of conditions hourly pay in the hours of training sessions and the completion of the remaining hours, taking into account the specific needs of the institution.

By reflecting in the time sheet the employee's employment corresponding to the standard time, the payment of his full salary will be ensured.

In general, the hour rate is calculated as follows:

Option 1. Calculation of the hourly rate based on the norm of working hours per month.

The standard number of hours for a specific calendar month can be taken from production calendar... In this case, the hourly rate is calculated as follows:

Rate of the hour = Salary (monthly rate): Standard number of hours

Option 2. The hourly rate is calculated based on the average monthly number of working hours per year.

The tariff rate is calculated by the formula:

Hourly wage rate = Salary (monthly wage rate): Working hours in hours in the current year: 12 months Working hours in hours per year can again be found in the production calendar.

The working hours of creative workers, and specifically workers of theaters, cinema, concert organizations, differ significantly from the generally accepted eight-hour working day, since it depends on the schedules of performances, performances and rehearsals. In addition, such workers often travel to other cities on tour. We will describe in this article what kind of working hours and what documents can be established for creative workers and how it is taken into account.

Not much is said in the Labor Code about the specifics of regulating the labor and rest of creative workers. The basic provision, which is in every article related to the activities of creative workers, is that all the features labor activity concerning the regulation of working hours and rest time (including technological and (or) organizational breaks, the duration of daily work (shift), night work, weekends and non-working holidays), wages, working hours, and rest time, working hours (shift), wages can be established by collective agreements, agreements, local regulations and labor contracts (Article 351 of the Labor Code of the Russian Federation).

The Labor Code classifies workers as creative mass media, cinematographic organizations, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works listed in the list of professions and positions approved by the Decree of the Government of the Russian Federation of April 28, 2007 N 252 (hereinafter - the List of positions).

Thus, when establishing the duration of the working day (shift), time of rest, the procedure for engaging in night work and work on weekends and holidays, the priority in each organization engaged in creative activities will have a local normative act establishing them. If this or that provision is not reflected in such an act (for example, some employers do not establish their own procedure for recruiting to work at night and on holidays and weekends), the provisions of labor legislation will apply.

Unlike the length of the working day (shift), the working time norm is, as a general rule, the same for all workers, including creative workers, and cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation), unless the creative worker belongs to the category persons who have a reduced working week. It:

- employees under the age of 16 - no more than 24 hours a week;

- employees aged 16 to 18 - no more than 35 hours per week;

- employees who are invalids of I or II groups - no more than 35 hours per week;

- persons employed in work with harmful and (or) dangerous working conditions - no more than 36 hours per week.

Currently, the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shortened working day, approved by the Resolution of the USSR State Committee of Labor and the Presidium of the All-Union Central Council of Trade Unions of 25.10.1974 N 298 / P-22 (hereinafter referred to as the List). Section XXXVI of the List establishes a reduced working day for a 36-hour week and for some categories of creative media workers, for example:

- TV announcer and announcer of broadcasting of central television and central broadcasting - six hours;

- sound engineer for television and radio broadcasting - six hours.

Working hours

The length of the working day (shift) primarily depends on the working hours established in the organization. Depending on the creative orientation of the organization and positions, working hours may be different. Recall that Labor Code the following modes are set:

- a five-day work week with two days off;

- a six-day work week with one day off;

- work in flexible working hours;

- work with irregular working hours;

— shift work;

- division of the day into parts.

Since in theater and concert organizations creative activities (concerts, performances, performances) are carried out on Saturdays and Sundays, many of them establish a six-day work week with one day off - Monday. In this case, the duration of daily work is determined in accordance with the schedules of rehearsals and performances (performances) approved by the employer. Since most of the rehearsals and performances are held in the morning and evening, with a six-day working week, you can set such a regime as dividing the day into parts.

By virtue of Art. 105 of the Labor Code of the Russian Federation in those jobs where it is necessary due to the special nature of labor, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total working time does not exceed the established duration of daily work.

note! Simultaneously with the establishment of the duration of working hours, creative workers, in particular, artists of musical and dance groups, theaters, are established performance standards, and artistic personnel - performance standards. For example, according to the Standards for the performances of artists in performances and the standards for performances by the artistic personnel of theaters, approved by Order of the Ministry of Culture of the USSR dated July 21, 1983 N 414, puppet theater artists can conduct no more than three performances per day, up to 1 hour 15 minutes. The administration of the institution should ensure a uniform workload of artists and artistic personnel within the normal range.

A working week can also be set for creative workers with the provision of days off on a sliding schedule, when any day of the week can become a day off. This working time mode is convenient when employees are involved in performances, concerts, rehearsals not every day, and also according to the schedule.

A sliding schedule is the main element of flexible working hours, when the beginning, end or total length of the working day (shift) is regulated, which is determined by agreement of the parties (Article 102 of the Labor Code of the Russian Federation).

Employees whose activities do not allow them to be strictly regulated work time, you can set an irregular working day (Article 101 of the Labor Code of the Russian Federation). Working in this mode in accordance with Art. 119 of the Labor Code of the Russian Federation receive additional leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local normative act, adopted taking into account the opinion of the representative body of employees.

When establishing such a working time schedule, you should remember that to involve job responsibilities over the established hours of work can be done occasionally and by order of the employer. If the employee is regularly involved in such work, such time may be considered overtime work.

By agreement between the employee and the employer, both when hiring and subsequently, part-time work (shift) or part-time work week can be established. In this regime, remuneration is carried out in proportion to the hours worked. In this case, the employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member in accordance with a medical report.

Please note that if the working hours are the same for all employees, it is established by the internal labor regulations in accordance with labor legislation and other acts containing norms labor law, collective agreement, agreements, and if for individual workers the regime differs from the general rules, then it must be established by an employment contract (Article 100 of the Labor Code of the Russian Federation).

Work time

Let's consider what is included in the working time of a creative worker, using the example of employees of concert organizations. In accordance with the Regulations on the conditions and remuneration of workers of concert organizations, musical and dance groups, approved by the Order of the USSR Ministry of Culture dated December 29, 1976 (hereinafter - the Regulations on payment), during working hours the following are counted:

- the time spent on preparing, conducting and completing the concert (make-up, make-up, costume dressing, installation and analysis of the scenery, etc.);

- the time spent on participation in rehearsals, including classes, training and other preparatory work, from the moment of arrival at work by order of the administration until the end of work (in actual duration, but not less than two hours in one call);

- the time spent at visiting concerts from the moment of appearance at the assembly point in the prescribed period until arrival at the place where the concert is scheduled, as well as the time spent on returning to the location of the concert organization (but not more than seven hours a day for travel end);

- the time spent waiting in the event of a delay in the announced concert, and the duration of the concert;

- breaks between concerts within the same work call (for example, between two morning concerts);

- the time spent on the road during the tour according to the actual duration (no more than seven hours a day);

- half of the time set for the given concert or rehearsals, in the case when the employee showed up without being warned about the cancellation of the concert or rehearsal.

Note... An artist of a music and dance group can be summoned to rehearsals once a day, and if not busy in concerts, twice.

The time of preparation, holding and completion of concerts is included in the working hours according to the norms established by the administration in agreement with the trade union committee, for each concert separately. This time, according to the actual duration, is within the following limits: for artists - up to three hours, for workers and junior service personnel - up to six hours.

In addition, breaks provided during rehearsal and preparatory work (independent rehearsals, classes) are counted during working hours:

- artists-vocalists (soloists), artists of the chorus, ballet and pop-sports genre - 20 minutes after each hour of work;

- other artists - 15 minutes after each hour of work.

The downtime referred to in Art. 157 of the Labor Code of the Russian Federation. The article establishes the amount of wages for the downtime, depending on whose fault it occurred. Since in the implementation of creative activities, employees can not always be 100% involved, in part 5 of Art. 157, it is separately noted that if creative workers do not participate in the creation and (or) performance (exhibit) of works or do not perform for some time, then the indicated idle time is not and can be paid in the amount and procedure established by the collective agreement, local regulations, employment contracts. It turns out that, on the one hand, creative workers are given a guarantee to get some kind of income when they are out of work, but, on the other hand, the choice is given to the employer whether or not to pay for such time.

For example, by virtue of the Regulation on payment, if a scheduled concert is canceled through no fault of an artist - a concert performer, if he was not promptly warned and appeared at the concert, he is counted half of the performance norm or 0.5 one-time concert rate, and if a solo concert is canceled in two branches - one one-time concert rate in compliance with the established procedure for recording performance standards or accounting for wages (clause 69).

And employees of music and dance groups who are not involved in a tour, for whom the administration cannot provide work, are paid for downtime in the amount of 50% of the salary (tariff rate), but not less than the minimum wage (clause 83 of the Payment Regulations).

Time tracking

It is necessary to keep track of the working time of each creative worker. At the same time, the main accounting document, as in all organizations, is the timesheet. When drawing up the timesheet, work schedules (rehearsals, performances) and actual registration logs of the arrival and departure of workers are used. According to the section " Qualification characteristics positions of workers of culture, art and cinematography "EKS, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of March 30, 2011 N 251n, taking into account the working time in cultural, art and cinematography institutions, the head of the art and production department is engaged.

Speaking about the recording of working time, we note that if the schedules of rehearsals and performances for artists cannot be drawn up in such a way as to comply with the daily or weekly working hours, a summarized recording of working hours is established. The normal number of working hours for the accounting period is determined based on the weekly working hours established for workers in this category. For persons working part-time (shift) and (or) part-time working week, the normal number of working hours for the accounting period is correspondingly reduced (Article 104 of the Labor Code of the Russian Federation). The procedure for introducing the summarized recording of working hours is established by the internal labor regulations.

In this case, the summarized accounting can be established both for artists and other employees. According to the Regulation on payment, monthly summarized accounting is established for employees of concert organizations, music and dance groups, whose work is directly related to the conduct and maintenance of concerts and rehearsals (stage editors, costume designers, make-up artists, electric lighting, controllers, ticket attendants, cloakroom attendants, stage workers, drivers, busy in visiting and touring concerts, etc.). The monthly norm of their working time is determined by multiplying the established duration of the working day by the number of working days in a given month, taking into account the reduction in the working day on the pre-weekend and pre-holiday days.

Work at night and on holidays

By virtue of Art. 96 and 97 of the Labor Code of the Russian Federation, the procedure for working at night, as well as on weekends and non-working holidays, for creative workers can be established by a collective agreement, a local regulatory act, an employment contract. Recall that, according to the general rules, recruiting to work at night and to work on weekends or holidays is carried out with the consent of the employee.

note! The duration of the night time is established by Art. 96 of the Labor Code of the Russian Federation and is from 22.00 to 6.00. It is not possible to change this duration by a local act.

Thus, a creative worker can be involved in such work without his consent, if this is provided for by a local regulatory act. In addition, Art. 268 of the Labor Code of the Russian Federation, as an exception, it is established that creative workers under 18 years of age can be involved in work at night and on weekends and holidays. However, in any case, pregnant women cannot be involved in such work (Article 259 of the Labor Code of the Russian Federation).

The provisions of the Labor Code when working at night and on weekends and holidays also apply to women with children under the age of three (Art. 259) and workers of other categories specified in Part 5 of Art. 96 of the Labor Code of the Russian Federation, even if they hold positions from the List of positions. They may be involved in work during the specified periods of time only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report.

Since the employer can independently determine the procedure for engaging in night work, the general rules of Art. 154 of the Labor Code of the Russian Federation - on increased pay for each hour of work at night, but not lower than the minimum established by the Decree of the Government of the Russian Federation of July 22, 2008 N 554 "О minimum size increase in wages for work at night ", or other amounts established by labor legislation and other acts containing labor law norms.

At the same time, specific amounts of an increase in wages for night work are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, an employment contract and cannot be lower than the amount determined by labor legislation and other acts containing labor law norms.

As for the payment for work on weekends and holidays, for creative workers it can be determined on the basis of a collective agreement, local normative act, an employment contract (Article 153 of the Labor Code of the Russian Federation). So, employees of concert organizations are paid for the hours actually worked on a holiday. When part of the work shift falls on a holiday, the hours that fell on the holiday are paid in double amount (from 00.00 to 24.00).

With the consent of the employee financial compensation for work on a holiday, if it was not included in the norm of working hours, is replaced by the provision of another day of rest. In this case, the payment for work on the holiday is made in a single amount in excess of the salary due. When counting overtime hours work on holidays, performed in excess of the working time norm, should not be counted, since it has already been paid in double the amount.

The same procedure for payment for work on holidays is applied for touring trips and field performances (clause 61 of the Regulations on payment).

So, having considered the provisions on the regulation of the working time of creative workers established by the Labor Code, we can conclude that the existing legislative regulation is not enough. This function is mainly performed by employers. There is also a lack of sectoral regulations governing the activities of creative workers, and some of the documents have long been outdated and require revision, including the List of jobs for creative workers: professions and positions that currently exist and are not included in this list are not subject to provisions of the Labor Code governing the activities of creative workers. As a result, their rights are still likely to be infringed upon compared to others. And here we can only hope for the decency and conscientiousness of employers who set the standards of labor activity.

Resolution N 41) cultural workers have the right to carry out part-time work. Limitations on the duration of such work are established by sub. "B" clause 1 of Resolution N 41. So, in particular, the duration of part-time work of cultural workers involved as teaching staff additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, within a month is established by agreement between the employee and the employer and for each labor contract it cannot exceed the monthly norm of working time, calculated from the established duration of the working week. As we can see, this norm does not establish that the working time of a cultural worker who works part-time as a leader of a circle can be more than half of the monthly norm of working time.

Gazebo for cultural workers

And then the presenter and his assistants or the artists who came with him involve the guests of the holiday in all sorts of funny, funny, gambling in a good sense of the game, contests, quizzes that are not related to any specific topic, especially with advertising of goods and services. The purpose of such events is usually to create an atmosphere of carefree joy and fun, to fill the holiday with all kinds of competitions and humor, so that the visitors just have fun.

Attention

In any case, such events are unthinkable without cultural organizers. Or, as they are called today, animators. In principle, there is still a slight difference between culture organizers and animators.

Profession - cultural organizer, provider

And the cultural organizer also takes on the functions of full preparation of the festive event for its implementation, that is, plans the date and time, timing of the event as a whole and its individual parts (acts), formulates the topic of the event, writes or orders a script for the holiday to a specialist, makes an estimate of costs ( considers how much money will be required for the event), invites assistants and actors, musicians (if the script provides for their participation), determines the attractions provided by the scenario of the holiday and, if they require any special equipment, finds it, negotiates with their owner, controls payment all invoices issued to the company organizing the holiday from the suppliers of the ordered goods and services and, finally, holds the prepared event on the appointed day and hour. In a word, a cultural organizer who has undertaken such duties has a mouth full of trouble.

Features of the working time of creative workers

This is understandable: their task is to gather more curious people around them. And for this you need to captivate, interest. Basically, the same advertisement.
Only, firstly, alive, that is, in direct communication with people who pass by the presenter, and secondly, built in a particularly entertaining form. In this case, the participant in the game seems to be inspired with the idea that he is not being invited to buy a product (or listen to about this product), but simply to play, try to win a prize, show his knowledge, be smart, try, as they say, happiness, paying for it just a few minutes of your attention.

Info

What are the opening hours of the head of the circle and the choirmaster in the rural house of culture?

Those who get a job in a House of Culture or a Rest House (boarding house, sanatorium), with a work book and a solid salary, are either dissatisfied with the relatively low salary, or are forced to spend the night at work, since it is far from home (rest house, tourist center ), and most of the entertainment events are held there in the evening. But the main thing that usually confuses parents of school graduates who have chosen the profession of animator for themselves most of all in this work is its frivolity, which seems to adults.

Important

And if it is not considered shameful for a guy or a girl to work as an animator during the holidays or, say, a year or two (well, let it be five), then an animator in adulthood is often perceived as an eccentric, a kind of fun lover. Like that, not an actor, not a director, but some kind of parsley.

Working hours of cultural workers

The difficulties of the profession, first of all, include: - Undefined working day and working week in terms of time and schedule; - High emotional, and sometimes physical stress, which can be aggravated by the need for a long stay in a theatrical costume; - Work in the street (not always and not always, but this factor should not be discounted); - Communication with a large number of people at the same time, often not prepared for participation in the holiday, who happened to be there by accident, or even not quite adequately leading themselves on it; - The need to carry with you entourage, prizes and costumes, or even prepare them for work on your own; - The instability of the workload (i.e. the number of orders), the alternation of long downtime in the work with rush jobs, when you have to literally break apart in order to have time to several places in one day.

Culture organizer

DECISION of the Ministry of Labor of the Russian Federation of 01-02-95 8 ON THE APPROVAL OF REWARDS FOR LABOR AND TARIFF AND QUALIFICATION CHARACTERISTICS ... Actual in 2018 Cultural organizer 6 - 8 categories Job responsibilities.

Conducts massive games, group and game communication. Organizes performances, hosts entertainment evenings and other leisure activities of the population.

Participates in the development and drafting of scenarios, thematic programs, game forms of collective leisure. Takes part in decoration, musical accompaniment ongoing activities.

Draws up an estimate of the costs and submits to established order For approval.

Eksd - cultural organizer

The position of the artistic director, as well as the position of the head of the circle, is attributed to the positions of workers of culture, art and cinematography (EKS), but these positions are not identical. Consequently, sub. "B" clause 1 of Resolution N 41 does not apply to the leaders of the circles. Thus, since there are no special rules governing the working hours of a cultural worker holding the position of a leader of a circle, such an employee is subject to the general requirements of Art.

282 of the Labor Code of the Russian Federation, according to which the duration of his working time can be no more than half of the monthly norm of working time established for the corresponding category of workers, that is, no more than 20 hours per week.

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For certain categories of workers (pedagogical, medical and other workers) of the Labor Code of the Russian Federation and other federal laws, a shorter working time may be established. qualification handbook positions of managers, specialists and employees in the section "Qualification characteristics of positions of workers in culture, art and cinematography" (hereinafter - EKS), approved by order of the Ministry of Health and social development RF dated 30.03.2011 N 251n; order of the Ministry of Health and Social Development of the Russian Federation of August 31, 2007 N 570). Federal legislation does not establish a reduced working time for persons holding positions of workers in culture, art and cinematography.

Working hours (norms of hours of pedagogical work per wage rate) of pedagogical workers

With changes and additions from:

1. The duration of working time (norms of hours of pedagogical work at the rate of wages) for pedagogical workers is established on the basis of a reduced duration of working time of no more than 36 hours per week.

2. Depending on the position and (or) specialty of the teaching staff, the following working hours or the norms of hours of teaching work are established for the wage rate.

2.1. Working hours of 36 hours per week are established:

teaching staff assigned to the teaching staff;

senior educators of organizations carrying out educational activities in educational programs preschool education and additional general education programs, and children's homes that carry out educational activities as additional type activities;

educational psychologists;

social educators;

organizing teachers;

industrial training masters;

senior counselor;

labor instructors;

librarians;

methodologists and senior methodologists of educational organizations;

tutors of organizations carrying out educational activities, with the exception of organizations carrying out educational activities on educational programs of higher education;

heads of physical education of organizations carrying out educational activities in educational programs of secondary vocational education;

teachers-organizers of the basics of life safety;

instructors-methodologists, senior instructors-methodologists of organizations carrying out educational activities.

2.2. Working hours of 30 hours per week are established for senior educators (with the exception of senior educators specified in clause 2.1 of this Appendix).

2.3. The norm of hours of pedagogical work 20 hours per week for the wage rate is established:

teachers-defectologists;

speech therapists.

2.4. The norm of hours of pedagogical work 24 hours a week for the wage rate is set:

music directors;

accompanists.

2.5. The rate of teaching hours of 25 hours per week per wage rate is established by educators who directly teach, educate, supervise and care for students (pupils) with disabilities.

2.6. The norm of hours of pedagogical work 30 hours per week for the wage rate is established:

physical education instructors;

educators of organizations carrying out educational activities in the main general educational programs, in which conditions are created for the residence of pupils in a boarding school, as well as for the supervision and care of children in extended day groups, organizations for orphans and children left without parental care, organizations ( groups), including sanatoriums, for students (pupils) with tuberculosis intoxication, medical organizations, organizations social service carrying out educational activities as an additional type of activity (hereinafter referred to as medical organizations and social service organizations) (with the exception of educators provided for in paragraphs 2.5 and 2.7 of this Appendix).

2.7. The rate of teaching hours of 36 hours per week per wage rate is set for educators of organizations that carry out educational activities in supplementary general education programs, educational programs for preschool education, educational programs for secondary vocational education, as well as those who look after and care for children (with the exception of educators for whom the norms of hours of pedagogical work for the wage rate are provided for in clauses 2.5 and 2.6 of this Appendix).

2.8. For the rate of hours of teaching work, for the wage rate of teaching staff listed in subparagraphs 2.8.1 and 2.8.2 of this paragraph, the rate of hours of academic (teaching) work is taken, which is a standardized part of their pedagogical work (hereinafter - the rate of hours of educational (teaching) work ).

2.8.1. The rate of hours of study (teaching) work 18 hours per week for the wage rate is set:

teachers of organizations carrying out educational activities in basic general education programs (including adapted ones);

teachers of organizations carrying out educational activities on additional general education programs in the field of arts, physical culture and sports;

additional education teachers and senior additional education teachers;

trainers-teachers and senior trainers-teachers of organizations carrying out educational activities in educational programs in the field of physical culture and sports;

speech therapists of medical organizations and social service organizations;

teachers foreign language preschool educational organizations;

teachers of organizations that carry out educational activities in educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of these organizations, applying the norm of hours of study (teaching) work of 720 hours per year at the rate of wages).

2.8.2. The norm of hours of study (teaching) work 720 hours per year at the rate of salary is established for teachers of organizations carrying out educational activities in educational programs of secondary vocational education, including integrated educational programs in the field of arts (with the exception of teachers specified in subparagraph 2.8.1 of this paragraph), and on basic vocational training programs.

Notes:

1. Depending on the position held, teaching (teaching) and educational work, including practical training of students, individual work with students, scientific, creative and research, as well as other pedagogical work stipulated by labor (official) duties and (or) an individual plan - methodical, preparatory, organizational, diagnostic, monitoring work, work stipulated by plans for educational, physical culture and health, sports, creative and other activities held with students.

For pedagogical work to pedagogical workers participating in the decision authorized bodies executive power in conducting state final certification for educational programs of basic general and secondary general education during working hours and released from main work for the period of state final certification of students, compensation is paid in the manner prescribed by part 9 of Article 47 of the Federal Law of December 29, 2012 No. N 273-FZ "On education in the Russian Federation.

2. The norms of hours of pedagogical work for the rate of wages of pedagogical workers, provided for in clauses 2.3 - 2.7 of this Appendix, are established in astronomical hours. The norms for hours of study (teaching) work, provided for in clause 2.8 of this Appendix, are established in astronomical hours, including short breaks (breaks), a dynamic pause.

3. The rates of hours of teaching work for the wage rate provided for in clauses 2.5 - 2.7 of this Appendix, and the rates of hours of educational (teaching) work provided for in clause 2.8 of this Appendix are calculated values ​​for calculating the salary for teachers for the month, taking into account the established by the organization, carrying out educational activities, the amount of pedagogical work or educational (teaching) work per week (per year).

4. For pedagogical work or educational (teaching) work performed by a pedagogical worker with his written consent in excess of the established norm of hours for the wage rate or below the established norm of hours for the wage rate, payment is made from the established wage rate in proportion to the actually determined volume of pedagogical work or educational (teaching) work, with the exception of cases of payment of wage rates in full, guaranteed in accordance with paragraph 2.2 of Appendix 2 to this order to teachers who cannot be provided with an academic load in the amount corresponding to the norm of hours of academic (teaching) work established for rate of wages per week.

_____________________________

* Subsection 1 of section 1 of the nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by the Decree of the Government of the Russian Federation of August 8, 2013 N 678 (Collected Legislation of the Russian Federation, 2013, N 33, Art. 4381).

Harp

Hello. I am the leader of a circle in a rural house of culture. I was issued concurrently at 0.5 rates with 38.1 hours per month - this is all spelled out in the employment contract. Literally today, a message was received from colleagues that "On the basis of methodological recommendations for organizing the work of local self-government bodies in solving issues of creating conditions for the development of local traditional artistic creativity, approved by order of the Ministry of Culture of Russia dated May 25, 2006 No. 229. In this regard, from 13 March it is necessary to reconsider each of his work schedule.Today, the working time per rate should be 40 hours a week, that is, 8 hours a day (of which 48 minutes is a lunch break). You must decide on the working hours: how many hours per week is allocated for classes with team members, how much organizational and methodical work, how much for preparing events, selecting a repertoire, etc., etc. + lunch break hours. "I would like to understand whether such a transient change in the work schedule is legal? Does the employer have to notify the employee in advance in an official form, order or some other document? At the same time, I have two children: 4 years attending kindergarten and 2 years not attending kindergarten, does this affect the work schedule, and how many hours should the head of the circle work? And did the employer have to acquaint me with signature job description when applying for a job?

The question relates to the city of Voskresensk, Moscow region

A request has been received to clarify the issue. 11 March 2017 - 00:54
Do not confuse anything according to the work schedule established in the employment contract. How is it that you get 38.1 hours per month for 0.5 bets?

Answers:

Hello!

Order of the Ministry of Culture of the Russian Federation of 05.25.2006 N 229

"On the approval of the Guidelines for the implementation of issues of local importance in the field of culture of urban and rural settlements, municipal districts and Guidelines for creating conditions for the development of local traditional folk art" does not address the issues of working hours of club employees, it describes the types of services that the club provides ...

Perhaps they meant revising the work schedules of the same circles so that they work at a more convenient time for the population (for example, in the evenings or on weekends).

As for the working hours.

According to Article 92 of the Labor Code of the Russian Federation and other federal laws, reduced working hours may be established for other categories of workers (pedagogical, medical and other workers).

According to the Resolution of the Supreme Council of the RSFSR dated 01.11.1990 N 298 / 3-1

(as revised on 24.08.1995)

"On urgent measures to improve the status of women, families, protection of mothers and children in the countryside", which act in the part that does not contradict the norms of the Labor Code of the Russian Federation, countryside, set 36-hour

working week, unless a shorter working week is provided for by other legislative acts. In this case, wages are paid in the same amount as with the full duration of weekly work

So your part-time work time should be no more than half of the monthly working time.

Article 284. Duration of working hours in case of part-time work

[Labor Code of the Russian Federation] [Chapter 44] [Article 284]

The duration of the working time in case of part-time work should not exceed four hours a day. On days when at the main place of work the employee is free from the performance of labor duties, he can work part-time full-time (shift). During one month (another accounting period), the duration of working time in case of part-time work must not exceed half of the monthly norm of working time (norm of working time for another accounting period) established for the corresponding category of workers.

So, we found out that the head of the village circle (woman) should work full-time 36 hours a week or 18 hours if she works part-time.

You need to change the working hours for women (down) and optimize your work. Specifically write down in your work plan, for example, "how many hours per week are allocated for classes with team members, how much organizational and methodological work, how much for preparing events, selecting a repertoire, etc."

There are no changes to the terms of the employment contract here.

Irina Shlyachkova

Hello!

Mandatory for inclusion in an employment contract is the condition of the working time and rest time (if for this employee it differs from the general rules in force for this employer) (Article 57 of the Civil Code of the Russian Federation). Changes to the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing.

Consequently, if in the case indicated by you, the mode of working hours and rest changes, then the employer will have certain responsibilities.

Alternatively, the employer made changes to the internal local acts of the organization (if there were contradictions in them), and coordinates such a regime with you by concluding an additional agreement to the employment contract. That is, on the basis of an agreement between the parties.

If, however, in the local acts everything was according to the norms and only in your employment contract a labor regime was determined that was different from that in such acts, then it will be the employer's initiative and will be carried out in accordance with Art. 74 of the Labor Code of the Russian Federation.

In the state municipal institution cultural and leisure type ( country house culture) there are employees working in the position of "circle leader".

What is their working time standard?

If an external part-time worker is hired for the specified position, what should be his working time?

Having considered the issue, we came to the following conclusion:

A cultural worker holding the position of "circle leader" may be assigned a working time of no more than 40 hours per week. Concurrently, a cultural worker can work as a leader of a circle no more than 20 hours a week.

Rationale for the conclusion:

According to the general rule established by part two of Art. 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week. For certain categories of workers (pedagogical, medical and other workers) of the Labor Code of the Russian Federation and other federal laws, a reduced working time may be established.

The position of the head of the circle is attributed to the positions of workers in culture, art and cinematography (the Unified qualification reference book of the positions of managers, specialists and employees in the section "Qualification characteristics of positions of workers in culture, art and cinematography" (hereinafter - EKS), approved by order of the Ministry of Health and Social Development of the Russian Federation 03/30/2011 N 251n; order of the Ministry of Health and Social Development of the Russian Federation of 08/31/2007 N 570). Federal legislation does not establish a reduced working time for persons holding positions of workers in culture, art and cinematography. Consequently, the maximum working time for the position of "circle leader" is 40 hours per week.

Regarding the working hours of a cultural worker who performs the work of the head of the club part-time, we note the following.

As follows from the first part of Art. 284 of the Labor Code of the Russian Federation, part-time work should not exceed four hours a day, but on days when an employee is free from job duties at the main place of work, he can work part-time full time (shift). During one month (or another accounting period), the duration of working hours in case of part-time work must not exceed half of the monthly working time norm (working hours for another accounting period) established for the corresponding category of workers. According to the second part of Art. 284 of the Labor Code of the Russian Federation, this restriction does not apply to employees who have suspended work at their main place of work in the event of a delay in the payment of wages for a period of more than 15 days (see part two of Article 142 of the Labor Code of the Russian Federation), and to employees temporarily suspended from work at the main place of work due to the fact that, in accordance with the medical report, they need temporary transfer to another job for up to four months, but they refuse to transfer or the employer does not have a corresponding job (see part two and part four of article 73 of the Labor Code of the Russian Federation).

Part of the sixth art. 282 of the Labor Code of the Russian Federation, it is determined that the specifics of regulating part-time work of teaching, medical and pharmaceutical workers, cultural workers, in addition to the features established by the Labor Code of the Russian Federation and other federal laws, can be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission on the Regulation of Social labor relations. In pursuance of this provision, the Government of the Russian Federation delegated the authority to determine the relevant features to the Ministry of Labor of Russia (Resolution of the Government of the Russian Federation of April 4, 2003 N 197). According to sub. "a" clause 1 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (hereinafter - Resolution N 41) cultural workers have the right to carry out part-time work. Limitations on the duration of such work are established by sub. "b" clause 1 of Resolution No. 41. So, in particular, the duration of part-time work of cultural workers involved as pedagogical workers of additional education, accompanists, choreographers, accompanists, art directors, within a month is established by agreement between the employee and by the employer and for each employment contract, it cannot exceed the monthly norm of working time, calculated from the established duration of the working week.

As you can see, this norm does not establish that the duration of the working time of a cultural worker who works part-time as a leader of a circle can be more than half of the monthly norm of working time. The position of the artistic director, as well as the position of the head of the circle, is attributed to the positions of workers of culture, art and cinematography (EKS), but these positions are not identical. Consequently, sub. "b" clause 1 of Resolution N 41 does not apply to the leaders of the circles.

Thus, since there are no special norms governing the working hours of a cultural worker holding the position of a circle leader, such an employee is subject to the general requirements of Art. 282 of the Labor Code of the Russian Federation, according to which the duration of his working time can be no more than half of the monthly norm of working time established for the corresponding category of workers, that is, no more than 20 hours per week.

Prepared answer:

Expert of the Legal Consulting Service GARANT

Caesareva Tatiana

Quality control of the response:

Reviewer of the Legal Consulting Service GARANT

Sutulin Pavel