Order of the Ministry of Education and Science Russian Federation dated December 22, 2014 No. 1601 “On the duration of working hours (standard hours of teaching work per wage wages) teaching staff and the procedure for determining the teaching load of teaching staff, stipulated in the employment contract"
I. General provisions
1.5. The volume of teaching workload of teaching staff (with the exception of teaching staff filling positions of teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of changes in the volume of teaching workload of teaching staff specified in subclause 2.8.1 of Appendix No. 1 to this order, in the direction of its reduction associated with a decrease in the number of hours curriculum, educational schedules, reducing the number of students, classes, groups, reducing the number of classes (class sets).
IV. Determination of the teaching load of teachers of organizations carrying out educational activities in educational programs average vocational education, the norm of hours of educational (teaching) work for the wage rate of which is 720 hours per year, the grounds for its change
4.1. For teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the standard hours of educational (teaching) work for the salary rate of which is 720 hours per year, the volume of the annual teaching load is determined based on 10 academic months.
The teaching load is not planned on weekends and non-working holidays.
4.2. For teachers on annual basic extended paid leave and (or) annual additional paid leave after the start of the academic year, the teaching load is determined based on its volume for the full academic year with the subsequent application of the conditions for its reduction provided for in paragraph 4.4 of this Procedure.
4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.
4.4. In the event that the teaching load in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to being on an annual basic extended paid leave or on an annual additional paid leave, at training camps, on a business trip, due to temporary disability, a certain his annual teaching load is subject to reduction by 1/10 for each full month of absence from work and based on the number of missed working days for an incomplete month.
4.5. If the teacher actually performs educational (teaching) work on the day the certificate of incapacity is issued, on the day of departure on a business trip and on the day of return from a business trip, the teaching load is not reduced.
4.6. The average monthly salary is paid monthly, regardless of the volume of teaching load performed by teachers in each month of the academic year, as well as during the holiday period, which does not coincide with the annual main extended paid leave and the annual additional paid leave.
4.7. Teachers of organizations carrying out educational activities in educational programs of secondary vocational education, applying the norm of hours of educational (teaching) work of 720 hours per year at the wage rate, and 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, or reduced on the grounds provided for in paragraph 4.4 of this Procedure, until the end of the academic year, as well as during the holiday period that does not coincide with the annual main extended paid leave and annual additional paid leave, wages are paid in the amount established in the beginning of the school year.
Consult the manual educational institution asking for a load reduction.
Can a teacher's teaching load educational organization secondary vocational education to exceed 1440 hours per year, if the employee agrees to establish and carry out a workload of such volume?
Answer
Answer to the question:
First of all, we note that according to clause 2.8.2 of Appendix 1 for teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the standard hours of educational (teaching) work are established at 720 hours per year for the salary rate.
In organizations carrying out educational activities in educational programs of secondary vocational education, teachers, the norm of hours of educational (teaching) work for whose salary rate is 720 hours per year, the upper limit of the study load is set in a volume not exceeding 1440 hours in the academic year(clause 7.1.1).
Alexander Zavgorodniy,
Associate Professor, Ph.D. Sc., Associate Professor, Department of Labor Law, Faculty of Law
St. Petersburg State University
- Answer: How to set a teaching load for teaching staff
- Legal basis: ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIA dated December 22, 2014 No. 1601
Order
On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, stipulated in the employment contract
Appendix 2. The procedure for determining the teaching load of teaching staff specified in the employment contract
I. General provisions
1.1. The procedure for determining the teaching load of teaching staff stipulated in the employment contract (hereinafter referred to as 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) specialty of the teaching staff. workers, taking into account the characteristics of their work.
1.2. When determining the teaching load of teaching staff, its volume is established for the implementation of educational (teaching) work in interaction with students by type educational activities, established curriculum (individual curriculum), ongoing monitoring of progress, intermediate and final certification of students.
1.3. The volume of teaching workload of teaching staff performing educational (teaching) work is determined annually at the beginning of the academic year (training period, sports season) and is established by local regulations of the organization carrying out educational activities.
1.4. The volume of teaching load established for a teaching worker is specified in the employment contract concluded by the teaching worker with the organization carrying out educational activities.
1.5. The volume of teaching workload of teaching staff (with the exception of teaching staff filling positions of teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of a change in the volume of teaching load of teaching staff indicated in , in the direction of its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, classes, groups, and a reduction in the number of classes (class sets).
1.6. The volume of teaching workload of teaching staff (with the exception of teaching staff filling positions of teaching staff), established in the current academic year (training period, sports season), cannot be changed at the initiative of the employer for the next academic year (training period, sports season) with the exception of cases of changes in the teaching load of teaching staff specified in , in the direction of its reduction, associated with a decrease in the number of hours according to the curriculum, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (class sets).
1.7. A temporary or permanent change (increase or decrease) in the teaching load of teaching staff compared to the teaching load specified in the employment contract is permitted only by agreement of the parties to the employment contract, concluded in writing, with the exception of changes in the teaching load of teaching staff towards its reduction , provided and.
1.8. The employer is obliged to notify teaching staff in writing about changes in the volume of the teaching load (increase or decrease), as well as the reasons that necessitated such changes, no later than two months before the proposed changes are made, except in cases where the change in the volume of the teaching load carried out by agreement of the parties to the employment contract.
1.9. Local regulations of organizations carrying out educational activities on the issues of determining the teaching load of teaching staff carrying out educational (teaching) work, as well as its changes, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if there is such a representative body).
IV. Determination of the teaching load of teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work for the wage rate of which is 720 hours per year, the grounds for its change
4.1. For teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the standard hours of educational (teaching) work for the salary rate of which is 720 hours per year, the volume of the annual teaching load is determined based on 10 academic months.
The teaching load is not planned on weekends and non-working holidays.
4.2. For teachers who are on annual basic extended paid leave and (or) annual additional paid leave after the start of the academic year, the teaching load is determined based on its volume for the full academic year with the subsequent application of the conditions for its reduction provided for.
4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.
4.4. In the event that the teaching load in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to being on an annual basic extended paid leave or on an annual additional paid leave, at training camps, on a business trip, due to temporary disability, a certain his annual teaching load is subject to reduction by 1/10 for each full month of absence from work and based on the number of missed working days for an incomplete month.
4.5. If the teacher actually performs educational (teaching) work on the day the certificate of incapacity is issued, on the day of departure on a business trip and on the day of return from a business trip, the teaching load is not reduced.
4.6. The average monthly salary is paid monthly, regardless of the volume of teaching load performed by teachers in each month of the academic year, as well as during the holiday period, which does not coincide with the annual main extended paid leave and the annual additional paid leave.
4.7. Teachers of organizations carrying out educational activities in educational programs of secondary vocational education, applying the norm of hours of educational (teaching) work of 720 hours per year at the wage rate, and 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, or reduced on the grounds provided for, until the end of the academic year, as well as during the holiday period that does not coincide with the annual basic extended paid leave and annual additional paid leave, wages are paid in the amount established at the beginning of the academic year.
VII. Establishing an upper limit for the teaching load of teaching staff
7.1. Depending on the position held, the teaching load of teaching staff is limited to an upper limit in the following cases:
7.1.1. In organizations carrying out educational activities in educational programs of secondary vocational education, teachers, the norm of hours of educational (teaching) work for whose salary rate is 720 hours per year, the upper limit of the teaching load is set in an amount not exceeding 1440 hours in the academic year;
7.1.2. In organizations carrying out educational activities according to educational programs higher education, the upper limit of the teaching load, determined by positions of the teaching staff in the manner prescribed, is established in a volume not exceeding 900 hours in the academic year;
7.1.3. In organizations carrying out educational activities in additional professional programs, the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed, is established in a volume not exceeding 800 hours in the academic year.
7.2. The volume of the teaching load when working part-time with the same and (or) another employer in teaching staff positions should not exceed half of the upper limit of the teaching load, determined by teaching staff positions in the manner prescribed. Prohibited documents in the personnel department
Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled full list and selected a safe replacement for each prohibited document.
If you pay vacation pay a day late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.
In this material we will look at an example judicial practice the need to notify the teacher and obtain consent to change the load.
Mandatory consent is required only when the load increases. This is indicated in clause 1.7 of the Procedure for determining the teaching load, approved by Order of the Ministry of Education and Science of the Russian Federation No. 1601 dated December 22, 2014. This paragraph establishes: “a temporary or permanent change (increase or decrease) in the volume of teaching workload of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changes in the volume of teaching load of teaching staff workers in the direction of its reduction.”
When the teaching load is reduced, there is no need to obtain the consent of the teacher, however, the employer is obliged to notify him no later than two months before the actual reduction of the load (clause 1.8 of the Procedure).
Thus, a senior teacher at the institute filed a lawsuit to restore the 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, reduced without the consent of the teacher physical culture, 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 registration this fact additional agreement to the employment contract. The notice also contained information that in case of disagreement with the change in the terms of the employment contract, it will be terminated. The plaintiff expressed his disagreement, as a result of which the employment contract was terminated at the initiative of the employer.
During the consideration of the case, the court concluded that the volume of the plaintiff’s teaching load was reduced due to the school’s transition to single-shift teaching of grades 5-11, as well as the distribution of teaching load hours among three positions of teachers of Russian language and literature with the actual occupation of these positions by teachers. Thus, the employer’s proposal to reduce the teaching load was due to objective reasons, changes in organizational working conditions and the impossibility of maintaining the previous terms of the employment contract, and in itself does not indicate a violation of the employee’s rights. In addition, the plaintiff was notified in advance and properly about the upcoming change in organizational working conditions. Since the plaintiff did not agree to work under the changed conditions, the employer rightfully issued a dismissal order.
The 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.
- Appendix No. 1. Duration of working hours (standard hours of teaching work per wage rate) of teaching staff Appendix No. 2. The procedure for determining the teaching load of teaching staff, specified in the employment contract
Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601
"On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract"
With changes and additions from:
3. Recognize as invalid the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” (registered by the Ministry of Justice of the Russian Federation on February 4, 2011, registration N 19709).
|
D.V. Livanov |
The length of working time for teachers has been revised (norms for hours of teaching work per wage rate). The provisions of the new Law on Education and changes made to the Labor Code of the Russian Federation were taken into account.
Reduced working hours of no more than 36 hours per week are still provided.
The specific length of working time (standard hours per salary rate) depends on the position and (or) specialty of the teaching worker.
Thus, the norm of 20 hours per week is established for teachers-defectologists and speech therapists, 24 hours - for music directors and accompanists, 25 hours - for educators directly involved in teaching, raising, supervising and caring for students (pupils) with disabilities , 30 hours - for physical education instructors, etc. For school teachers, the norm has not changed and is 18 hours per week.
When charging for the new academic year, you must remember the following: basic principles:
any changes in the teaching load are formalized in writing by additional agreements to the employment contract;
Reducing the teaching load without the consent of the teacher is allowed only: a) when changing curricula and b) when the number of students or classes decreases;
in all other cases, changing the teaching load is allowed ONLY by agreement of the parties to the employment contract;
For teachers for whom this educational institution is the main place of work and for whom the standard of 18 hours per week is established, the workload is maintained and continuity in the teaching of academic disciplines is ensured.
Let's consider typical situations that may arise when distributing the load for the new academic year.
Increasing load
An increase in the teaching load is possible only by agreement between the teacher and the administration. Situations where it is possible to increase the teaching load without the consent of the teacher on the initiative of the administration are NOT provided for in Order No. 1601. It MUST be drawn up in writing in the form of an additional agreement to the employment contract.
At the same time, it is UNACCEPTABLE to arbitrarily increase the workload without the consent of the teacher, for example, in the event of the dismissal of another teacher and the need to redistribute the vacated hours.
Load reduction
As a general rule, reducing the workload for the new academic year is possible only by agreement of the parties. For teachers whose normal workload is 18 hours a week and for whom this school is the main place of work, there is an additional GUARANTEE of maintaining the workload and continuity of teaching subjects.
There are two situations when reducing the load is possible without the consent of the teacher:
reduction of curriculum hours;
reduction in the number of students or classrooms.
The teacher MUST BE notified of the upcoming reduction in the teaching load at least 2 months before the upcoming changes in writing, indicating the reasons that led to these changes. As mentioned above, there may be two reasons: a change in curriculum or a reduction in the number of classes. The fact that the administration hired a new teacher who needs to be given a teaching load is NOT one of the reasons why it is allowed to reduce the load of this teacher without his consent.
A situation is possible when a reduction in the workload of a specialist teacher is justified by the fact that part of the workload was allocated to him not according to the profile of the disciplines taught and a teacher with specialized education was hired for these subjects. For example, a teacher who graduated from a pedagogical university with a degree in biology teacher teaches biology and geography. The administration hires a new geography teacher and transfers geography hours to him under the pretext that the first teacher is a biology teacher with a diploma, not a geography teacher. This situation is a VIOLATION of labor laws...
Particular attention should be paid to the number of hours of teaching load that the teacher will receive after its reduction. If the number of hours is less than the standard rate, for example, 17 hours a week instead of 18 hours, then in this case, work in the current academic year will NOT be included in the length of service giving the right to receive a long-service pension.
For teachers of grades 1-4 when transferring teaching foreign language, drawing, physical education or music, a specialist teacher MUST BE provided with additional workload before his/her headquarters with other types of teaching work (teaching in an extended day group, conducting clubs or electives, etc.). Other subjects, for example, labor lessons, can be transferred to other specialist teachers only with the consent of the teacher.
If, however, a decision is made to reduce the amount of the standardized part of the teacher’s workload due to changes in curriculum or the number of classes, then the school administration must fully follow the rules of Article 74 Labor Code RF. In addition to 2 months in advance WRITTEN NOTIFICATION TO THE TEACHER about the upcoming reduction in the teaching load, it is necessary to obtain the WRITTEN CONSENT of the teacher to continue working in the new conditions, and in case of refusal, offer another load available at the school. Violation of this procedure by the school administration can be appealed to the labor inspectorate or to court.
Failure to comply with the two-month notice period for load reduction
In this case, the administration will be obligated to pay the teacher for two months at the rate in effect at the time before notification. For example, the teacher was informed in writing that the workload would be reduced from 20 to 18 hours per week on August 28th. Thus, payment for the teacher’s work until October 28 will be based on 20 hours per week (although in fact he will work 18 hours per week). And only from October 29 it is possible to pay for labor at the new rate.
Distribution of the workload of a teacher on maternity leave
According to Order No. 1601, the workload of a teacher on parental leave before reaching the age of three years is determined by general rules, and then distributed among other teaching staff. Therefore, when a teacher returns from parental leave, he must retain his workload to the extent that it was at the time he went on leave.
Thus, current legislation protects teachers from arbitrary changes in the teaching load for the new school year by the administration educational institution. ANY changes must be made WITH the CONSENT of the teacher. Situations when load changes are permissible at the initiative of the administration are limited, and the procedure for their application is strictly regulated.
