The teacher did not sign the notice of load reduction. Study load. IV. The procedure for establishing and changing the teaching load

Trade Union of Public Education and Science Workers Russian Federation
CENTRAL COUNCIL

LETTER

The Central Council of the Trade Union of Public Education and Science Workers of the Russian Federation continues to receive appeals from trade union organizations, as well as from teachers and professors of educational institutions implementing general education programs, educational programs of primary and secondary vocational education, regarding the unlawful actions of heads of educational institutions when setting their teaching load for the new academic year.

From the incoming appeals it follows that the heads of educational institutions allow an annual unreasonable redistribution of the teaching load between teachers and professors, referring to the fact that the right to assign personnel is within the competence of the educational institution. In addition, taking into account the ongoing processes of optimizing the network of educational institutions in the regions, managers believe that the teaching load is established only for one academic year and therefore they have the right to change it annually. In some cases, the establishment of a teaching load for teachers and lecturers for only one academic year is unlawfully provided for directly in the regulatory legal acts of the constituent entities of the Russian Federation, bodies exercising management in the field of education, which is duplicated by local regulatory acts of educational institutions.
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See Official Documents in Education. - 2004. - N 31. - P.12-78. - Ed.

Along with these violations, the heads of educational institutions, in the absence of a free teaching load, hire other teachers and lecturers by illegally reducing the teaching load of teachers and teachers of a given educational institution. It is also allowed to unjustifiably reduce the teaching load without their consent on the grounds that they are receiving an early retirement pension.

In addition, employers do not always provide guarantees for wages in the amount of the wage rate in full, established by Order of the Ministry of Education and Science of the Russian Federation dated December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of pedagogical workers ", adopted to replace the Decree of the Government of the Russian Federation of 04/03/2003 N 191, for individual teachers who cannot be provided with a full teaching load, as well as teachers and teachers of educational institutions implementing educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers of such educational institutions for which the standard hours of teaching work have been established for a salary rate of 720 hours per year), for which, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the teaching load established at the beginning of the academic year.
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See Official Documents in Education. - 2011. - N 7. - P. 13-18. - Ed.

See Official Documents in Education. - 2003. - N 12. - P.67-71. - Ed.

Other violations related to the establishment of the teaching load of teachers and lecturers are also allowed.

In order to provide practical assistance to trade union organizations, specialists and managers working to establish the teaching load of teachers and professors, as well as to monitor the correctness of its establishment, recommendations have been prepared for establishing the teaching load of teachers and teachers of educational institutions implementing general education programs, primary and secondary educational programs. secondary vocational education, based on legislative and other regulatory legal acts of the Russian Federation.

We hope that these recommendations will be useful in the activities of Trade Union organizations to protect the social and labor rights of educators, as well as in the adoption of necessary measures to prevent violations of the rights of teachers and lecturers in matters of setting their teaching load and ensuring the guarantees provided for at the federal level.

Chairman of the Trade Union
G. Merkulova

Application. Recommendations for establishing the teaching load of teachers and teachers of educational institutions implementing general education programs, educational programs of primary and secondary vocational education

I. Regulatory framework for establishing teaching load for teachers and lecturers

Fundamental federal legislative and other regulatory legal acts, used in establishing the teaching load for teachers and instructors of educational institutions in which general education programs and educational programs of primary and secondary vocational education (hereinafter referred to as teachers, lecturers) are implemented are:

- Labor Code of the Russian Federation ;
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See Official Documents in Education. - 2005. - N 29, 30. - Ed.

- Law of the Russian Federation "On Education";

- Model regulations on a general education institution, approved by Decree of the Government of the Russian Federation of March 19, 2001 N 196 “On approval of the Model regulations on a general education institution” (with amendments and additions);
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See Official Documents in Education. - 2001. - N 11. - P.16-31. - Ed.

- Model regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of July 18, 2008 N 543 “On approval of the Model regulations on an educational institution of secondary vocational education (secondary specialized educational institution)”;
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See Official Documents in Education. - 2008. - N 23. - P.65-84. - Ed.

- Model regulations on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation of July 14, 2008 N 521 “On approval of the Model regulations on an educational institution of primary vocational education”;
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See Official Documents in Education. - 2008. - N 22. - P.64-78. - Ed.

- Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” ( Further- order of the Ministry of Education and Science of Russia N 2075);

- Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 “On the peculiarities of working hours and rest time for teaching and other employees of educational institutions”;
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See Official Documents in Education. - 2006. - N 23. - P.54-64. - Ed.

- Resolution of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (hereinafter referred to as Resolution of the Ministry of Labor of Russia N 41).
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See Official Documents in Education. - 2003. - N 25. - P.53-55. - Ed.

II. The volume of teaching load as a mandatory condition of the employment contract

The need to indicate in the employment contract of teaching staff the volume of teaching load is determined by the Law of the Russian Federation “On Education” (clause 6 of Article 55) and the Labor Code of the Russian Federation (as amended) (Part 2 of Article 333).

This means that when concluding an employment contract, a teacher or lecturer assumes the obligation to work with the agreed volume of teaching load, and the employer for the entire duration of the employment contract is obliged to provide them with the volume of teaching load stipulated in the employment contract.

The teaching load is a quantitative mandatory component of the labor function of a teacher and teacher, therefore the volume of teaching load refers to the mandatory conditions of the employment contract with the ensuing legal consequences (changes only by agreement of the parties to the employment contract, with the exception of the cases listed below).

If employment contract with the teacher and teacher in writing for some reason is missing or the volume of the teaching load is not indicated in it, then it is considered that the teacher and teacher work with the volume of teaching load that was established for them by order of the head of the educational institution when hiring, and changing the teaching load in the current academic year or for the next period at the initiative of the employer is allowed only in those cases specified in section IV of these Recommendations.

Recruitment of teachers, as well as teachers of educational institutions in which educational programs of primary and secondary vocational education are implemented, has characteristic feature, which lies in the fact that neither the standard staff previously used as an example, nor the independently approved staffing schedules of institutions provide standards for determining the number of teachers and teachers of various educational subjects, specialties (courses, disciplines).

In each educational institution providing training in general education programs, as well as in educational programs of primary and secondary vocational education, the number of teachers and instructors is not established on the basis of the staffing table, as is the case when determining the number of employees in any institution, including educational institutions when determining the number of administrative, educational, support and service personnel, and based on the volume of teaching load in the academic subject (mathematics, history, Russian language and literature, geography, etc.), specialty, discipline, etc. d.

This feature is due to the fact that teachers and instructors are not set official salaries for the performance of labor (official) duties for a calendar month, but wage rates for a certain standard of hours of teaching work per week (per year), which are calculated values when determining their monthly (average monthly) ) salary depending on the actual volume of the teaching load assigned to him. Based on this, the number of teachers and lecturers with the same total number of hours of teaching work subject to payment within the same wage fund may be different.

Thus, if in an educational institution the actual volume of teaching work of each teacher exceeds the norm of teaching hours established for one wage rate (18 hours per week, 720 hours per year, respectively), then in such educational institutions the number of these workers is reduced. At the same time, if, with the same total number of hours in the curriculum, the teaching load of each teacher and lecturer corresponds to the norm or is determined in a volume less than the norm of hours of teaching work established by law for the wage rate, then their quantitative composition will increase.

Every year, at the beginning of the school year, by order of the head of the educational institution, in agreement with the elected body of the primary trade union organization, teachers and lecturers in the manner established by the regulatory legal acts of the Russian Federation are determined by the volume of their teaching load, taking into account which the salary for teaching work is determined. Information on the salaries of teachers and professors for teaching work, as well as other types of payments, is entered into the tariff lists.

When establishing the volume of teaching load for teachers and lecturers, the procedure and conditions for regulating the upper limits of teaching load, set out in Section III of these Recommendations, should be taken into account.

III. Upper limit of study load

The possibility of limiting the upper limit of the teaching load of teaching staff, stipulated in the employment contract in accordance with Article 333 of the Labor Code of the Russian Federation, as well as paragraph 6 of Article 55 of the Law of the Russian Federation “On Education”, can be established in cases provided for by the standard regulations on an educational institution of the relevant type and type, approved by the federal body authorized by the Government of the Russian Federation executive power.

It should be noted that the Model Regulations on a General Educational Institution do not provide for cases related to any restrictions when setting teaching loads for teachers, whereas, for example, in the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Government Decree RF dated 18.07.2008 N 543, and in the Model Regulations on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation dated 14.07.2008 N 521, it is determined that the teaching load for the academic year for teaching staff, stipulated in the employment contract, should not exceed 1440 academic hours.

It is necessary to take into account that the teaching load of 1,440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the standard teaching hours for one wage rate is 720 hours of teaching per year.

It follows from this that decisions of educational authorities and other executive authorities providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers to up to 1,440 hours per year, are unlawful.

In accordance with subparagraph "h" of paragraph 2 of Resolution of the Ministry of Labor of Russia No. 41, teaching work in the same educational institution in excess of the established norm of hours of teaching work for the wage rate is not part-time work. At the same time, no restrictions on such work have been established either, since, as noted above, cases when the teaching load can be limited by an upper limit are determined only by the corresponding standard provisions approved by the federal executive body authorized by the Government of the Russian Federation.

At the same time, the absence of a regulatory framework for establishing an upper limit on the teaching load that can be performed by teachers in the same educational institution, as well as the presence of an upper limit on the teaching load for teachers in the amount of 1440 hours per year does not mean that a maximum volume cannot be established teaching load when these teaching staff work part-time in other educational institutions, since teaching work for these categories of workers in the same educational institution in accordance with subparagraph “h” of paragraph 2 of Resolution of the Ministry of Labor of Russia No. 41 is not considered part-time work.

Regulation of part-time work, including teaching staff, is carried out by the Labor Code of the Russian Federation. Thus, according to 284 of the Labor Code of the Russian Federation and the regulatory legal acts adopted in accordance with them, the duration of working hours should not exceed four hours a day. On days when the employee is free from work duties at his main place of work, he can work part-time full time. During one month (another accounting period), the duration of working hours when working part-time should not exceed half monthly norm working hours (standard working hours for another accounting period) established for the corresponding category of employees.

For teachers, the duration of part-time working hours in another educational institution should not exceed 9 hours per week, and for teachers for whom the standard hours for the wage rate are established based on the number of hours of teaching work per year - 360 hours per year.

It should also be taken into account that the duration of part-time work provided for in paragraph seven of subparagraph "b" of paragraph 1 of Resolution No. 41 of the Ministry of Labor of Russia, which was 16 hours a week for teaching staff, should not be applied as contrary to Article 284 of the Labor Code of the Russian Federation as amended by the Federal Law of June 30. 2006 N 90-ФЗ.

IV. The procedure for establishing and changing the teaching load

a) Features of establishing and changing the teaching load of teachers

In accordance with paragraph 66 Model provision about a general education institution, the volume of teaching workload for teachers is established based on the number of hours according to the curriculum and curriculum, 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 written 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.

Preservation of the volume of teaching load and its continuity among teachers of final grades can be ensured by providing them with teaching load in classes in which the study of the subjects taught by these teachers begins for the first time.

According to established practice, determining the volume of teaching load for teachers of general education institutions, except for evening (shift) secondary teachers secondary schools(classes) with full-time and part-time education, correspondence schools, as well as teachers teaching children in long-term treatment in the hospital, performed once a year separately by six months.

The teaching load of teachers of evening (shift) secondary general education schools (classes) with full-time and part-time education, as well as teachers teaching children undergoing long-term treatment in a hospital, is determined twice a year at the beginning of the first and the beginning of the second academic half-year.

The volume of the teaching load 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, or a reduction in the number of classes.

In other cases, any temporary or permanent change (increase or decrease) in the volume of teaching load for teachers in comparison with the teaching load stipulated in the written form of the employment contract, or in comparison with the teaching load established by order of the head of the educational institution when hiring (if the labor contract is for some reason there is no written agreement or the scope of the teaching load is not indicated in it), as well as changing the nature of the work is possible only by mutual agreement of the parties.

b) Features of establishing and changing the teaching load of teachers

In order to preserve for teachers of educational institutions implementing educational programs of primary and secondary vocational education, the stability of the legal regulation of the issues of establishing the teaching load, as well as the calculation of their salaries depending on the actual volume of the teaching load, the features of establishing the teaching load of these teachers are enshrined in the Industry Agreement on Organizations , administered by the Ministry of Education and Science of the Russian Federation, for 2012-2014, concluded between the Ministry of Education and Science of the Russian Federation and the All-Russian Trade Union of Education on February 22, 2012 (Appendix 1).

The volume of teaching load for teachers is established based on the number of hours according to the federal state educational standard, curriculum and programs, staffing, and other specific conditions in a given educational institution.

The right to distribute the educational load is granted to the head of the educational institution, who is responsible for its reality and implementation by each employee. The distribution of the teaching load is carried out taking into account the opinion of the body of the primary trade union organization.

The volume of the teaching load established for the teacher when concluding an employment contract cannot be reduced without his consent at the initiative of the employer for the next academic year, with the exception of cases of reduction in the number of students (students) and hours in curricula and programs.

Study load on general weekend and holidays not planned.

Teachers who are on annual leave after the start of the academic year (for example, in cases where work was carried out in the summer period admissions committee), the teaching load is established based on its volume for a full academic year, taking into account which the average monthly salary is determined, with the subsequent application of conditions for its reduction.

Before the start of the academic year, the average monthly salary of teachers is determined by multiplying the teacher’s hourly rate by the annual teaching load assigned to him and dividing the resulting product by 10 academic months.

The hourly rate is determined by dividing the monthly wage rate by the average monthly teaching load (72 hours).

The established average monthly salary is paid to teachers for work throughout the entire academic year, as well as for the vacation period that does not coincide with annual leave (for example, from August 26 to August 31, if the leave was granted from July 1).

For teachers hired during the academic year, the average monthly salary is determined by multiplying their hourly rates by the volume of the teaching load per the number of full months of work until the end of the academic year, and dividing the resulting product by the number of the same months. Wages for part-time work in this case are paid for the actual number of hours at hourly rates.

Teachers hired before the start of the academic year are paid based on the monthly salary rate established for the teacher.

When the wage rate increases, the average monthly wage is determined by multiplying the new hourly rate by the annual workload established at the beginning of the academic year during tariffication, and dividing the resulting product by 10 academic months.

Hours of teaching work given in excess of the established annual teaching load are paid additionally at hourly rates only after the teacher has completed the entire annual teaching load. This payment is made monthly or at the end of the academic year.

Payment of teachers for teaching hours performed when replacing temporarily absent employees due to illness and other reasons is made additionally at hourly rates on a monthly basis or at the end of the academic year, also only after the teacher has completed the entire annual teaching load established during tariffication.

If the substitution continues continuously for more than two months, then from the date of its start the average salary of teachers is recalculated based on the specified volume of the teaching load in the manner prescribed for teachers who entered work during the academic year.

In the event that, in accordance with current legislation, teachers are released from teaching while retaining their partial or full salary (annual and additional leave, training camps, business trips, etc.), in case of incapacity for work, maternity leave, as well as in the case of teachers being released from studies without pay, the amount of the annual teaching load established by them must be reduced by 1/10 of the each full month of absence from work and based on the number of missed working days - for an incomplete month.

Reducing the load for days when the teacher actually completed academic work(for example, on the day of issue sick leave, on the day of departure on a business trip and arrival from it, etc.), is not performed.

If in an educational institution educational process continues throughout the entire calendar year and annual leave for teachers in this regard can be granted in various months of the year, and not just during summer holidays, reduction of study load during annual leave for the current academic year is also not made.

The average monthly salary established during tariffing in all cases specified in this paragraph is not subject to reduction. Hours of teaching work performed by a teacher during the academic year in excess of the reduced load are paid additionally at hourly rates, also only after the teacher has completed the entire annual teaching load. This payment is made monthly or at the end of the academic year.

Teachers of secondary vocational education institutions whose teaching load, for reasons beyond their control, decreases during the academic year compared to the teaching load established at the beginning of the academic year, until the end of the academic year, are paid a salary in the amount established during the tariff calculation at the beginning of the academic year.

c) Grounds and procedure for reducing the teaching load of teachers and lecturers for the next academic year

As noted above, the amount of teaching workload for teachers and lecturers established in the current academic year for the next academic year can be reduced at the initiative of the employer only on grounds related to a reduction in the number of hours in the curriculum and curriculum, as well as a reduction in the number of classes ( groups), i.e. on grounds related to changes in organizational or technological working conditions, as established by Article 74 of the Labor Code of the Russian Federation.

Taking into account that the employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the terms of the employment contract that are determined by the parties, which are permitted without the consent of the employee, as well as about the reasons that necessitated the need for such changes, determining the scope of training for teachers and lecturers. loads for the new academic year must be carried out before they go on vacation, so that they know what academic load they will work with in the new academic year.

If for the new academic year, teachers and lecturers are not given a teaching load at the end of the academic year, but only after they return from vacation, then if it is impossible to provide them with the same amount of teaching load in the new academic year for the reasons stated above, the employer must retain the previously received amount of payment. labor for at least two months (i.e. during the period during which he is obliged to warn the employee about a change in the workload).

In other cases, i.e. on grounds not related to the norms of Article 74 of the Labor Code of the Russian Federation, any temporary or permanent change (increase or decrease) in the volume of teaching load for teachers and teachers in comparison with the teaching load specified in the written form of the employment contract, or in comparison with the teaching load established by order of the head of the educational institution when hiring (if there is no written employment contract for some reason or the volume of the teaching load is not indicated in it), as well as changing the nature of the work is possible only by mutual agreement of the parties.

Thus, heads of educational institutions do not have the right, without the written consent of teachers and lecturers, to allow a reduction in their teaching load, for example, in connection with the hiring of other teachers and lecturers, including part-time, or by redistributing the teaching load between them, or when provision of teaching work to persons performing it in addition to their main work in the same educational institution (including managers, their deputies and other employees).

V. Establishing the teaching load for teachers and lecturers on parental leave until the child reaches the age of three years

In accordance with Article 256 of the Labor Code of the Russian Federation, during the period of parental leave, the employee retains his place of work (position).

Since the performance of the labor function in the position of teacher and lecturer is characterized by the presence of a certain amount of teaching load established by him, ensuring the preservation of a place of work (position) for the period of being on parental leave until he reaches the age of three years is only possible by establishing for teachers and lecturers on general on the basis of the volume of the teaching load for the next academic year, which can then be transferred to other teachers and lecturers for the period when employees are on appropriate leave.

Providing teachers and lecturers with other pedagogical work (for example, teachers - work as an after-school teacher, teacher additional education) in place of a previously existing academic load in an academic subject (subjects), courses, academic disciplines, it is not an equivalent replacement, and also does not ensure the employer’s compliance with the norms of Article 256 of the Labor Code of the Russian Federation.

VI. Establishing the teaching load for teachers and professors for a certain period of time

The teaching load for a certain period, including only for an academic year, can be established in the following cases:

- to fulfill the teaching load while teachers are on maternity leave;

- to fulfill the teaching load of teachers and lecturers who are absent due to illness and other reasons;

- to perform temporary teaching work that was previously performed by a permanent teacher or a teacher with whom the employment relationship has been terminated and in whose place the employer intends to invite another permanent employee. The temporary nature of the work will be evidenced by the wording of the order that teaching work in the appropriate volume is assigned to the employee for the period until a permanent employee takes on the teaching load for this volume.

It is necessary to take into account that an increase in the teaching load for a teacher or lecturer to replace a temporarily absent employee in connection with changes made to the Labor Code of the Russian Federation by Federal Law of June 30, 2006 N 90-FZ, is actually temporary transfer for work not stipulated by an employment contract with the same employer. In accordance with Part 1 of Article 72.2 of the Labor Code of the Russian Federation, such a temporary transfer requires the consent of the employee and is formalized by a written agreement of the parties to the employment contract.
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See Official Documents in Education. - 2006. - N 27, 28. - Ed.

Thus, the previously existing provision in the Labor Code of the Russian Federation, according to which the employer could, without the consent of the employee for a period of up to one month “due to production necessity,” attract an employee to replace an absent employee, is currently limited only to cases caused by emergency circumstances, an exhaustive list of which specified in Part 2 of Article 72.2 of the Labor Code of the Russian Federation.

VII. The teaching load of teachers teaching children at home, as well as conducting physical education classes with students assigned to a special medical group for health reasons

When assigning to teachers of general education institutions, for whom this educational institution is the place of their main work, responsibilities for teaching children at home in accordance with medical report, as well as for conducting physical education classes with students classified for health reasons in a special medical group, the training hours provided for these purposes are included in their academic load on a general basis.

Reducing the teaching load of teachers carrying out the specified work, at the initiative of the employer, is possible only for the reasons established by paragraph 66 of the Model Regulations on a General Educational Institution, in compliance with the procedure and warning periods provided for in Article 74 of the Labor Code of the Russian Federation.

The onset of the holiday period for children studying at home is not a basis for reducing the teaching load and salaries of teachers, including in cases where a medical certificate about educating a child at home was issued only until May 31, since the issued certificate corresponds only to the end of the school year , which ends for all students too.

If a teacher who, in accordance with a medical report, is teaching a child at home, the teaching load for reasons beyond his control decreases during the school year compared to the teaching load established during the tariff (for example, the student is sent to a specialized institution or the term is not extended his education at home for the subsequent period), then such a teacher is subject to the guarantees that will be discussed in Section IX of these Recommendations.

VIII. Guarantees for individual teachers who cannot be provided with a full teaching load

For teachers, in accordance with the order of the Ministry of Education and Science of Russia N 2075 (note 4 to the appendix approved by this order), the following guarantees are established.

Teachers who cannot be provided with a teaching load in the amount corresponding to the norm of hours of teaching work for the weekly wage rate are guaranteed payment of the wage rate in full, provided that they are supplemented to the established norm of hours of another pedagogical work in the following cases:

- teachers of grades I-IV when transferring teaching lessons foreign language, music, visual arts and physical culture specialist teachers;

- teachers of grades I-IV of rural general education institutions with a native (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 native (non-Russian) language of instruction;

- physical education teachers of rural educational institutions, foreign language teachers of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.

For example, if in grades I-IV the transfer of teaching to specialist teachers the number of hours provided for by the curriculum for teaching foreign language lessons, music, fine arts and physical education led to a reduction in the teaching load of primary school teachers, and the remaining teaching load is less than 18 hours per week, then these teachers must be paid a salary in an amount not lower than the monthly wage rate, subject to their additional workload to the established standard hours (i.e., up to 18 hours per week) with other teaching work.

IN in this case Additional work for teachers in grades I-IV is not associated with the application to them for this period of the conditions of payment and labor standards established for the pedagogical work performed as additional work, since teachers are guaranteed payment in full of their own wage rate.

Thus, if the form of additional workload for primary school teachers up to the established weekly standard of hours is teaching work in an extended day group ( Further- GPA), then in order to retain the full rate of wages established for the position of a teacher, this work should not exceed the number of hours per week, which is not 18 hours, regardless of what standard hours of teaching work per week the rate is set for salaries for GPD teachers.

If, for example, teachers of grades I-IV who do not teach individual academic subjects (from among the above-mentioned academic subjects) have a remaining teaching load of 14 hours per week, then the employer has the right to guarantee payment of the teachers’ salary in full. load them with other teaching work only in an amount not exceeding 4 hours per week.

In the event that primary school teachers, as GPD teachers (with their consent), perform pedagogical work in an amount exceeding the number of hours necessary to increase their workload to the established norm of hours per week for the wage rate, then the additional time they worked as GPD teacher (i.e., in excess of 4 hours a week, which in the given example the teacher had to work without additional payment for additional workload up to 18 hours) is subject to additional payment in the manner and on the terms established for the GPD teacher, keeping in mind that The salary rate for GPD teachers is set for 30 hours per week.

If the school has not created the necessary material base for teaching the subjects listed above by specialist teachers or there are no such specialist teachers, as well as in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, including with the appropriate additional payment for teaching hours exceeding 18 hours per week.

The transfer of teaching other subjects in primary grades (for example, labor lessons) without the consent of teachers is not allowed, since the payment of primary school teachers in such cases will be carried out without taking into account the number of hours provided for this subject.

IX. Guarantees for teachers and lecturers when the teaching load is reduced during the school year

Teachers, as well as teachers of educational institutions implementing educational programs of secondary vocational education with a pedagogical orientation (with the exception of educational institutions with a pedagogical orientation, applying the norm of 720 hours of teaching work per wage rate), for whom, for reasons beyond their control, the teaching load is reduced during the academic year in comparison with the academic load established at the beginning of the academic year, until the end of the academic year, as well as during vacations that do not coincide with the annual main extended paid leave, the following is paid:

- wages for the actual remaining number of hours of teaching work, if it exceeds the standard hours of teaching work per week established for the wage rate;

- wages in the amount of a monthly rate, if the volume of the teaching load before it was reduced corresponded to the standard hours of teaching work per week established for the wage rate, and if they cannot be loaded with other teaching work;

- wages established before the teaching load was reduced, if it was set below the standard hours of teaching work per week established for the wage rate, and if they cannot be loaded with other teaching work.

Guarantees of maintaining wages for teachers and lecturers in these cases actually mean that the employment contract with these employees cannot be terminated until the end of the school year, regardless of the amount remaining after the reduction of the teaching load, even in its complete absence.

Employees must be notified in writing of a reduction in the workload by the employer no later than two months in advance, during which the employee is paid wages in the same amount (despite the fact that the same amount of workload will no longer be carried out during the period after the notification).

A special level of guarantees for reducing the teaching load is provided for teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education.

Clause 6 of the notes to the appendix, approved by order of the Ministry of Education and Science of Russia N 2075, establishes that teachers of educational institutions implementing educational programs of primary vocational and secondary vocational education, for whom, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the teaching load, established at the beginning of the academic year, until the end of the academic year, as well as during vacations that do not coincide with the annual basic extended paid leave, wages are paid in the amount established during tariffication at the beginning of the academic year.

X. Participation of the elected body of the primary trade union organization in establishing the teaching load for teachers and lecturers

The volume of teaching workload for teachers is the basis for determining the amount of their remuneration and is included as a necessary element in the remuneration system for teaching staff.

In accordance with Article 135 of the Labor Code of the Russian Federation, local regulations, establishing wage systems, are adopted by the employer taking into account the opinion of the representative body of workers, to which the primary trade union organization belongs.

The establishment of the teaching load for the new academic year is carried out by a local regulatory act of the educational institution (order, decree), which is adopted taking into account the opinion (by agreement) of the elected body of the primary trade union organization.

The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting a local normative act is determined by Article 372 of the Labor Code of the Russian Federation, according to which the employer, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, collective agreement, agreements (when adopting, for example, a local normative act on establishing the volume of teaching load for teachers and lecturers, on which the size of their wages depends), before making a decision, sends the draft local normative act and the rationale for it to the elected body of the primary trade union organization representing the interests of all or most 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 agree with it or is obliged, within three days after receiving the reasoned opinion, to conduct additional consultations with the elected body of the primary trade union organization of workers in order to achieve a mutually acceptable solution.

If agreement is not reached, the disagreements that arise 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 the Labor Code of the Russian Federation.

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.

Electronic document text
prepared by Kodeks JSC and verified against:
Official documents in education.
Bulletin of normative legal acts,
N 23, August 2012

In this material we will consider, using an example of 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 claims were satisfied.

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.

Actions to reduce the teaching load were declared illegal, the administration of the technical school was obliged 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.

The school director's order to change the teaching load was declared illegal and cancelled, since 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 school director's order to change the workload was declared illegal and cancelled.

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 formalized this fact in an 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 claims were denied.

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.

The order on “tariffing” was declared illegal in the contested part, and the school was charged with restoring 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.

If in the middle of the school year the school administration changes the teaching load of a teacher due to changes in the staffing table: is it necessary to notify this employee 2 months in advance 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

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

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.

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.

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.

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.

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 indicated in a special paragraph of the application, and previously they were listed in standard provisions. Now there are no standard provisions, and everything is included in the general provision.

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 teachers of secondary and higher vocational education and 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 labor agreement about changes in 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 was hired in her place, with whom a permanent contract was concluded. 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 on 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 are good results, we are meeting the wage fund, even with savings, but the cultural department is demanding 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, if you have highest category or matching 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 are also not paid extra, and many for combining English language groups when the second teacher is on sick leave, they say you are still working 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 limit? permissible load 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
schedule of your training sessions. The concept of an irregular part of the working day in labor legislation absent. 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, in connection with new changes in the professional standard, classroom management will be mandatory for a secondary vocational teacher as of July 1, 2016. I would like to know whether there really is such a change in the professional standard, whether it is legal to impose supervision on an employee and do I have the right to refuse class 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. IN this year the load is 23 hours by additional agreement, i.e. 5 hours extra Next year they are trying to convince you to sign a preliminary load of 18 hours, but 4 hours of them are with home-schooled students. 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 I 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 pedagogical load should not exceed 22 hours; and internal part-time job forbidden. 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 the scope of the teaching load (teaching work) in the employment contract is a mandatory condition for its conclusion. 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 staffing level of 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 in 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 labor. 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 cases provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, before making a decision, sends a draft local regulatory act and the rationale for it to the elected body of the primary trade union organization, representing the interests of all or the majority of employees.
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 the teaching of foreign language lessons, music, fine arts and physical education to 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 a student of class 2 “B” Alexei Mikhailov in the amount of 2 hours per week while maintaining payment of the salary rate in full.
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 appropriate 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, the employment contract with these employees cannot be terminated, regardless of the amount of remaining teaching load and even in its complete absence.

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On what basis can the school principal reduce half the teaching load for the 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 a General Educational Institution, approved by Decree of the Government of the Russian Federation of March 19, 2001 N 196 “On Approval 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 of the unified wage scale. 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, as a general rule, is formalized by an order with signature by the employee, or by changing the terms of the employment contract, which stipulates the conditions for combining professions.

27.01.2011

V. Lukhovitsky

Can an employment contract specify a workload of less than 18 hours?

Can the rate change during the term of the employment contract?

Is part-time work (less than pay) included in the length of service?

Distribution of hours and wages for pensioners (should we give preference to young people?)

Can a young professional claim a full salary at the expense of a retiree’s hours?

Can a retiree transfer some of his hours to a young teacher?

Redistribution of hours between teachers.

They are reducing the load - is it possible to fight this?

They reduce the workload - they require you to sign a statement of consent, otherwise they threaten to fire you.

They relieve the workload and report it late (August 31) - are they obliged to keep the same salary for another 2 months?

Does the employer have the right to reduce the number of billable hours in the middle of the year retroactively?

There are not enough hours to reach the full rate, the teacher refuses to work part-time, he is given electives, but not paid for them (called additional pedagogical work).

How can the director replace (supplement) the hours before the rate?

Review of legislation

Study load volume

In Russian legislation, the teaching load is the only quantitative component of the labor function that a teacher performs, therefore the volume of the teaching load refers to the mandatory conditions of the employment contract.

When concluding an employment contract, the teacher 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 it.

If for some reason the employment contract does not indicate the volume of the teaching load, then it is considered that the teacher works with the volume of the teaching load that was established for him by order of the director when hiring.

According to clause 66 of the Model Regulations on a General Education Institution, the volume of teaching workload for teaching staff is established based on the number of hours in the curriculum and training programs, staffing levels, and other working conditions in a given general education institution.

According to clause 4.3 of the Letter of the Ministry of Education and Science of the Russian Federation and the Trade Union of Public Education and Science Workers of the Russian Federation N AF-947/96, teacher tariffs are charged once a year, but separately by half-year, if the curriculum for each half-year provides different quantities hours per subject.

The widespread opinion among teachers that an employment contract cannot indicate a teaching load less than the rate is, unfortunately, not true. With the written consent of the employee, the load volume can be any. Perhaps the confusion in this matter is due to the fact that the right to a long-service pension depends on the workload. Starting from September 1, 2002, periods of activity are counted towards the length of teaching work provided that the employee fulfills (in total for the main and other places of work) the standard working hours established for the wage rate.

Changing the study load

The amount of academic workload established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the employer, with the exception of cases of reducing the number of hours in the curriculum and training programs, or reducing the number of classes. Only cases can be attributed to “reasons associated with changes in organizational or technological working conditions.” This norm also applies to the situation of reducing the load for the next year.

In other cases, any temporary or permanent change (increase or decrease) in the volume of teaching load for teachers, as well as a change in the nature of the work, is possible only by mutual agreement of the parties.

This means that the heads of educational institutions do not have the right, without the written consent of teachers (including young specialists and teachers receiving a retirement pension), to allow a reduction in their teaching load in connection with the hiring of other teachers (including part-time teachers). It is also impossible to arbitrarily redistribute the teaching load between teachers, or provide teaching work to persons performing it in addition to their main work in the same school (primarily this concerns school administration).

When establishing the teaching load for the new academic year, teachers for whom this general education institution is their main place of work As a rule, its volume and continuity of subjects in classes are preserved.

Taking into account that the employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the terms of the employment contract, which are allowed without the consent of the employee, as well as about the reasons that necessitated the need for such changes, determining for teachers the volume of teaching load for the new school The year must also be completed at least two months before its start.

The most rational way is to distribute the teaching load of teachers before they go on vacation.

Temporary increase in load

Study load for a certain period, incl. only for the academic year, can be established in the following cases:

to fulfill the teaching load of teachers on parental leave;

to fulfill the teaching load of teachers absent due to illness and other reasons;

to perform temporary teaching work, which was previously performed by a permanent teacher, with whom the employment relationship has been terminated, and in whose place the employer intends to invite another permanent employee.

It is necessary to take into account that an increase in the teaching load to replace a temporarily absent teacher is a temporary transfer to a job not stipulated by an employment contract with the same employer, requires the consent of the employee and is formalized by a written agreement of the parties to the employment contract.

Without the employee's consent, replacing a temporarily absent employee for a period of up to one month is allowed only if this is caused by emergency circumstances.

According to Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, along with the work specified in the employment contract, additional work in another profession for additional pay.

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.

Guarantees for certain categories of teachers who cannot be provided with a teaching load in full, as well as if it is reduced during the academic year

The following guarantees are established for teachers:

1. Teachers who cannot be provided with a full teaching load are guaranteed payment of the salary rate in full, provided they are supplemented with other teaching work to the established standard hours in the following cases:

teachers of grades 1-4 when transferring the teaching of foreign language lessons, music, fine arts and physical education to specialist teachers;

teachers of grades 1-4 in rural general education institutions 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 educational institutions, foreign language teachers of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.

Primary school teachers have the right to teach these subjects themselves, incl. with appropriate additional payment for teaching hours exceeding 20 hours per week.

The administration is obliged to supplement such teachers with other teaching work up to the established standard hours. This could be working in an extended day group, conducting clubs and electives, individual lessons at home, replacing absent teachers, performing part or full work on class management, checking written works, extracurricular work and other teaching work.

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

2. Teachers whose teaching load is reduced during the academic year for reasons beyond their control are paid until the end of the academic year:

wages for the actual number of hours if the remaining workload is higher than the established rate;

salary in the amount of the rate, if the remaining workload is below the established rate for the rate and if it is impossible to supplement them with other teaching work;

salary established before the teaching load was reduced, if it was set below the standard rate and if it is impossible to load them with other teaching work.

The employment contract with these employees cannot be terminated until the end of the academic year, regardless of the amount remaining after the reduction of the teaching load, even if it is completely absent.

Employees must be notified in writing of a reduction in the workload by the employer no later than two months in advance, during which the employee is paid wages in the same amount (despite the fact that the workload will no longer be carried out in the same amount during the period after the notification) .

Main legal problem is that the right to place personnel falls within the competence of the educational institution, that is (usually) the director. Russian legislation does not have any standards for determining the number of teachers in various specialties; the number of teachers is established based on the volume of teaching load in the specialty. This is precisely what the employer refers to when inviting new teachers to work (although the hours could be distributed among old employees), arbitrarily changing the teaching load and thereby provoking envy and mistrust between employees.

But labor relations are not regulated by Article 32 of the Law “On Education”. There are norms of the Labor Code, there is Decree of the Government of the Russian Federation No. 191 and other regulations discussed above. So the main thing is to learn how to effectively use them when protecting your rights.

From this point of view, Art. 135 of the Labor Code of the Russian Federation, according to which local regulations establishing remuneration systems are adopted by the employer taking into account the opinion of the representative body of workers (for example, a primary trade union organization or a special commission elected at general meeting labor collective).

Major violations by employers

1. Unreasonable redistribution of teaching load between teachers.

2. Unreasonable reduction of the teaching load in the current academic year.

3. Illegal limitation of the “ceiling” of the teaching load by the school administration or educational authorities.

4. In the absence of a free teaching load, hiring other teachers by illegally reducing the teaching load of teachers in a given school.

5. Unreasonable and illegal (without the employee’s consent) reduction of the teaching load for teachers receiving a long-service pension.

6. Violation of guarantees for certain categories of teachers who cannot be provided with a full teaching load.

7. Violation of guarantees for teachers whose teaching load is reduced during the school year for reasons beyond their control.

Methods of protection

1. Prevention of violations.

The main thing is not to provoke the employer to violate your rights. The easiest way is to clearly define the rules of the game from the very first meeting. If there is an honest person in front of you, he will not be offended by your fair demands. If the director is a potential violator of your rights, he will understand that in this case he will have to deal with a legally competent person. The authorities respect and fear a legally competent person; they prefer not to mess with him. The director and head teachers are not always strong in legal matters and understand that it is better not to quarrel with the “hook-maker”, but to use his knowledge “for peaceful purposes”, for the benefit of the school.

First of all, you need to carefully read and make the necessary changes and additions to the employment contract and job description(if there is one), which contains an exact list of your responsibilities, first of all, your teaching load. This way, for the first time, you will record the number of hours that suits you, and protect yourself from arbitrary changes in the load.

If there are no instructions, the employer must understand that you paid attention to this violation.

2. Psychological preparation.

What prevents a teacher from calmly pointing out to the employer the illegality of his actions? A few common opinions.

Firstly, it is “indecent” for a teacher to think about hours and salary - he is supposed to work for free.

Secondly, the school is our home, we are one family, and it is not customary to speak with the head of the family (the director) in the language of the law.

Thirdly, it is useless to fight - you won’t achieve anything anyway, the bosses will always be right.

Fourthly, none of the colleagues will support, teachers are not capable of any forms of solidarity and self-organization.

Until you recognize that these statements are nothing more than stereotypes common among teachers, you should not consider taking any real action to protect your labor rights.

The only serious question you need to consider before you start fighting for the hours you need is whether (in a worst-case scenario) you face actual unemployment. The answer depends on many factors: your professional status, relationships in the team, the level of teacher unemployment in your locality (region). Just a few years ago, one could safely say that a teacher in the city would not be left without a job, but with the introduction of the NSOT and per capita financing, the situation changed dramatically. The main thing now is whether your colleagues will support you?

3. Protection - individual and collective.

If you believe that any of the above violations are occurring, you should proceed as follows:

A). Make sure the information is accurate. For example, your colleague told you during a break that in the new school year the director plans to hire three part-time teachers, for this purpose reducing the hours of work for all permanent teachers. For now, this is not a fact, but an opinion expressed by one person that needs to be verified. Under no circumstances start with loud statements, do not rush to bring the director to light.

B). Accurately qualify the violation (see above list of the most frequent violations) and study the relevant regulations. The administration is not impressed by general discussions about injustice - precise wording of laws is needed.

IN). Find like-minded people among teachers and discuss the situation with them. If your school has a real (that is, ready to defend the rights of workers!) trade union organization, contact the trade union.

You must do all this before you take open steps to protect the violated right. Followed by:

G). Talk (necessarily in the presence of witnesses) with the director. Explain that your goal is to find a solution that suits both parties: both the administration and the employees. For example, if the director is sure that the school will not be able to develop without the arrival of new teachers, you can try to find a compromise on both their number and teaching hours.

D). Hold a meeting of the labor collective (trade union meeting), at which to select a commission to negotiate with the director on the distribution of the workload and the hiring of part-time workers. If your colleagues do not want to support you, you will have to immediately contact the Labor Inspectorate and the Prosecutor's Office (see sample complaint in the Appendix).

E). If the director does not want to discuss the problem with representatives of the labor collective, the trade unionist must file a complaint with the prosecutor's office (see sample complaint in the Appendix). At this stage, it is absolutely necessary to find a sympathetic lawyer - you may need his help.

AND). If the prosecutor’s office does not support your fair demands, you will have to simultaneously act in three directions:

Write a complaint to a higher authority against an employee of the prosecutor’s office who did not resolve your case on the merits (see the sample application in the Appendix).
Discuss with colleagues what methods of protection they are ready to resort to (up to various options strikes).
Take the conflict beyond the school threshold and make the problem socially important.

Judging by the results of teachers' protest performances of the last school year, with strong support from the media and public opinion formed by the media, teachers can protect their labor rights.

Prosecutor's office ..... district .... region

I work as a teacher at school No. ... g.... According to officially unconfirmed information, the school administration plans to hire teachers ... starting from the next academic year. part-time items.

Such actions by the administration will inevitably lead to a reduction in the teaching load (and, consequently, wages and other social guarantees) for already working teachers, which certainly violates their and my rights, including.

In addition, hiring part-time workers in this case will contradict paragraph 2 of the Resolution of the USSR Council of Ministers dated December 10, 1959 No. 1367 “On the limitation of part-time employment” (as amended by the Resolution of the USSR Council of Ministers dated August 10, 1990 No. 800 “On the recognition as invalid of certain Government decisions USSR on part-time issues"), since, firstly, the persons hired do not have extensive experience and high qualifications, and secondly, specified work can be performed by already working teachers who are not employed in another job.

I ask you to take prosecutorial response measures.

signature date.

To the prosecutor... region (region, republic, etc.)

from full name

m\living

teachers of school no.... G…..

Statement

I ask you to reconsider the decision made by the prosecutor's office.... district on the issue of reducing my standard teaching load for .....\ ... academic year.

I believe that the decision of the school administration contradicts the current legislation, since the reduction in the workload was due to the hiring of part-time workers, which is not allowed when the existing volume of work responsibilities can be performed by full-time employees.

Attachment: copy of the response from the district prosecutor's office