How many hours can a teacher work part-time? ​Partition and combination. Can a part-time teacher work full time?

Can a teacher work part-time? The Labor Code does not contain prohibitions for any categories of workers, including workers in the education sector.

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But the work of part-time teachers has some features, which will be emphasized in this article.

Normative base

Issues related to part-time work for teaching staff are spelled out in the Labor Code ( general provisions on part-time work), the Law “On Education” and in Resolution of the Ministry of Labor No. 41.

You can download these documents here:

The Labor Code contains norms that allow any worker, in addition to his main job (i.e., in his free time), to carry out labor functions on the basis of a new one with the same employer (this is called internal part-time work) or with a different one ().

Some norms of the Labor Code (Chapter 44), as well as the above-mentioned Resolution, specify the features of part-time work for teaching staff.

School work

Is it possible to have part-time teaching for teachers?

School teachers enjoy all the rights provided by the Labor Code, including the opportunity to work part-time.

The Resolution states that some types of work for teachers will not be considered part-time work, and therefore will not require a separate registration.

Thus, a teacher can teach additional lessons, but in the amount of no more than three hundred hours during the year, while hourly payment.

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

All this work is paid additionally.

Can a director work under such conditions?

As for the work of persons holding leadership positions in an educational institution, the question of the possibility of part-time work depends on whether the institution is state (municipal) or private.

Thus, the law “On Education” prohibits directors of state institutions from holding another leadership position at the same time. Only scientific guidance is allowed.

It is also impossible to become a director of such an institution part-time - this work can only be the main one.

As for non-state educational institutions, then their direct management is carried out by the founder or board of trustees.

The procedure for appointment (or election) to the position of head (director) is prescribed in the institution’s Charter.

The Labor Code allows the director to work part-time, but only with the consent of the founder.

If the director himself is the sole founder, then such consent, of course, is not required.

Working as a teacher

A teacher, like any teaching worker, has the right to find another job (part-time).

But also for educators, the Resolution contains an indication that you can count on additional types of work in the same preschool educational institution. This part-time job is not a part-time job and is paid additionally.

Thus, employees of child care institutions have the opportunity to “work extra” for the same employer without entering into new agreement, i.e. without registering a part-time job.

University staff

Employees of universities are not limited in their ability to find part-time work - and the Resolution provides for some benefits for them.

For example, additional work related to heading a faculty or department, supervising students' practical training, and working as a teacher for graduate students and doctoral students is not part-time work.

University employees have the right to engage in literary creation, translation, and scientific activities without concluding employment contracts.

All this work does not require a separate full-time position and will be paid as additional income.

Allowable duration

How many hours can a teacher or part-time university lecturer teach?

Despite the fact that general rule, a reduced working time regime has been introduced for teaching staff, but the duration should be no more than half monthly norm working time - for most teachers this value does not exceed 16 hours per week.

Guarantees and compensation

In accordance with the Labor Code of the Russian Federation, part-time teachers receive all guarantees and compensation in accordance with current legislation, as well as local regulations of the institution in which they work.

Everything related to wages

Teachers, educators, teachers of technical schools and universities who work part-time receive payment for their work in proportion to the time worked.

However, this norm established by the Labor Code is not mandatory. The employment contract regulating part-time work may also establish other payment conditions.

If a teaching worker is assigned standardized tasks (and this is stated in the contract), then payment will be made for the volume of work.

Important point! When calculating the average earnings of teachers and part-time educators working in several schools, kindergartens and other institutions, the calculation includes wages for all places of work.

Moreover, the amount of average earnings also includes payment for additional work, which is not considered part-time work.

Calculation example wages part-time teacher:

A secondary school physics teacher works part-time for ten hours a week at a boarding school. He was assigned the 11th category of the ETS (rate - 3,500 rubles). The standard working time per rate is 20 hours.

For teachers working in boarding schools, tariff rate increases by 20% (increasing factor) and thus will be 4200 rubles (3500 rubles * 1.20).

Teacher's salary: 4200 * 10/20 = 2100 rubles.

Possibility of certification

For teaching staff who work in state (municipal) educational institutions, the legislation provides for the opportunity to undergo certification for II, as well as I or higher categories, not only at their main place of work, but also part-time.

Vacations

Teachers “go” into paid employment during the same period as they are provided at their main place of work.

Moreover, if six months have not yet been worked, but the vacation time for the main job has already come, then the vacation will still be provided ().

Most workers educational sphere installed .

If the duration of vacation at a part-time job is less than that provided at the main place of work, then teachers have the right to register these days as.

Duration of the main extended leave of some teaching staff (determined by the Government of the Russian Federation):

Brief summary

Employees of educational institutions who work part-time in their organization or with another employer have all established by law rights, receive guarantees and compensation.

"Educational institutions: accounting and taxation", 2013, N 12

REMUNERATION OF AN EXTERNAL PART-TIME TEACHER

The problem of the shortage of qualified teaching staff in educational institutions of various levels currently remains quite relevant. Institutions have to solve it by increasing the teaching load of the main staff, as well as attracting internal and external part-time workers, in connection with which a certain number of questions arise. How to properly formalize labor relations with an external part-time worker? What are the requirements for it? How many hours of teaching load can he be paid for? We will try to answer these and other questions in this article.

When hiring a part-time teacher, first of all you need to properly register with him labor Relations. The right to work part-time is granted to every citizen by the Labor Code. According to Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) during his free time from his main job. The Labor Code of the Russian Federation gives the right to conclude employment contracts on part-time work with an unlimited number of employers, while the employment contract must indicate that the work is part-time.

Recruitment

Those who have or have had a criminal record, are or have been subject to criminal prosecution (except for persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insult ), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public safety;

Those who have an unexpunged or outstanding conviction for intentional grave and especially grave crimes;

Recognized as legally incompetent in accordance with the procedure established by federal law;

Having diseases included in the list approved federal body executive power, which carries out the functions of developing state policy and legal regulation in the field of healthcare.

In other words, when hiring, a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or termination of criminal prosecution on rehabilitative grounds, issued in a certain order and in the appropriate form by the internal affairs bodies, and a medical examination conclusion are required.

When registering labor relations with a part-time teacher, you should also be guided by Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.” By virtue of this document, teaching staff have the right to carry out part-time work - to perform other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main work or in other organizations, including in a similar position, specialty, profession, and in cases where reduced working hours are established (except for work in respect of which regulatory legal acts The Russian Federation has established sanitary and hygienic restrictions).

The duration of part-time work for these categories of employees during a month is established by agreement between the employee and the employer. For each employment contract it cannot exceed:

For teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;

For teaching staff (including trainers-teachers, trainers), for whom half of the monthly standard of working time for their main job is less than 16 hours per week, - 16 hours of work per week.

Pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel in the main work time with maintaining wages at the main place of work.

Pedagogical work on an hourly basis for no more than 300 hours per year;

Consulting by highly qualified specialists in institutions and other organizations in an amount of no more than 300 hours per year;

Supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

Teaching work in the same primary or secondary institution vocational education, in a preschool educational institution, in an educational institution general education, an institution of additional education for children and other children's institution with additional payment;

Work without holding a full-time position in the same institution or other organization, including performing teaching staff educational institutions responsibilities for managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, work on managing industrial training and practice of students and other students, duty medical workers in excess of the monthly working hours according to the schedule, etc.;

Work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers;

Work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.

Performing the above types of work is allowed during regular working hours, but with the consent of the employer.

Remuneration for a part-time employee

Issues of remuneration for persons working part-time are regulated by Art. 285 Labor Code of the Russian Federation. In accordance with this article, payment is made in proportion to the time worked, depending on output or on other conditions determined employment contract.

When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed.

Persons working part-time in areas where regional coefficients and wage allowances are established are paid taking into account such coefficients and allowances.

The remuneration of part-time teachers will depend on the teaching load assigned to them, which, in turn, depends on the number of hours according to the federal state educational standard, curriculum and programs, staffing levels and other specific conditions in a given educational institution. The distribution of the teaching load is carried out by the head of the educational institution. The volume of teaching load determined for this particular teacher is fixed in the employment contract.

In general, the salary of a part-time teacher will be calculated from the cost of one teaching hour from of this employee, multiplied by the number of hours spent. And the cost of one teaching hour depends on the level of education, the availability of a qualification category, the length of teaching experience and the compensation and incentive payments established for this employee.

The question often arises: how many hours of teaching workload can be set and, accordingly, paid for a part-time teacher? To answer this, let us turn to Resolution of the Ministry of Labor of Russia No. 41. It states that the duration of part-time work for a month for teaching staff cannot exceed half of the monthly working time rate, calculated from set duration working week, and for those employees whose half the monthly standard of working time for their main job is less than 16 hours per week, - 16 hours of work per week. According to Art. 333 of the Labor Code of the Russian Federation, the working time for teaching staff is no more than 36 hours per week. Based on this, the working hours of part-time teachers cannot exceed 18 hours per week.

In addition, part-time teachers have the right to receive all guarantees and compensation provided for by current legislation, collective agreements and local regulations of institutions (Article 287 of the Labor Code of the Russian Federation).

If necessary, a part-time worker is entitled to payment of benefits for temporary disability and in connection with maternity, the procedure for assigning and paying which is carried out in the generally established manner. So, paragraph 2 of Art. 13 Federal Law dated December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” it is determined that if the insured person at the time of the occurrence of the insured event is employed by several insurers and in the two previous calendar years was employed by for the same insureds, benefits for temporary disability, pregnancy and childbirth are assigned and paid to him by the insured for all places of work (service, other activities), and a monthly child care allowance - by the insured for one place of work (service, other activities) of his choice the insured person. These benefits are calculated based on average earnings, determined in accordance with Art. 14 of this Federal Law, during the period of work (service, other activities) with the insurer assigning and paying benefits. To do this, you must present a certificate of temporary incapacity for work for each place of work. By virtue of clause 4 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n, if a citizen at the time of temporary disability, maternity leave is employed by several employers and in the two previous calendar years before issuance certificate of incapacity for work was employed by the same employers, he is issued several certificates of incapacity for work for each place of work.

Vacation of a part-time teacher

The right to annual paid leave for a part-time teacher is guaranteed by Art. 286 Labor Code of the Russian Federation. It must be provided simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then leave is granted in advance.

If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

When granting leave, teachers should be guided by Art. 334 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff,” according to which the duration of leave for teachers is 42 or 56 calendar days (depending on the type of educational institution and position held).

Termination of employment relationship

with a part-time teacher

In addition to the general grounds provided for by the Labor Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer is obliged to notify the specified person in writing at least two weeks before termination of the employment contract (Article 288 of the Labor Code of the Russian Federation).

It should not be forgotten that, on the basis of Art. 127 of the Labor Code of the Russian Federation, a dismissed employee is entitled to payment of monetary compensation for all unused vacations. Vacation pay is calculated in accordance with the generally established procedure.

Magazine editor

"Educational institutions:

accounting and taxation"

Signed for seal

1. Establish the following features of part-time work for teaching, medical, pharmaceutical and cultural workers:

a) these categories of employees have the right to carry out part-time work - performing other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including in a similar position, specialty, occupation - profession, and in cases where reduced working hours are established (except for work in respect of which regulatory legal acts Russian Federation sanitary and hygienic restrictions have been established);

b) the duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed: -

for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week; -

for teaching staff (including trainers-teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;

c) the teaching work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work. 2. For the categories of workers specified in paragraph 1 of this resolution, the following types of work are not considered part-time and do not require the conclusion (registration) of an employment contract:

a) literary work, including work on editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;

b) carrying out medical, technical, accounting and other examinations with a one-time payment;

c) teaching work on an hourly basis in an amount of no more than 300 hours per year;

d) providing consultations by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;

e) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;

g) work without holding a full-time position in the same institution or another organization, including the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments; teaching work of managers and other employees of educational institutions; management of subject and cycle commissions; work on the management of industrial training and practice of students and other students; duty of medical workers in excess of the monthly working hours according to the schedule; and etc.;

h) work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.

Carrying out the work specified in subparagraph.

“b” - “h”, is allowed during regular working hours with the consent of the employer.

List of educational and other institutions, enterprises and organizations and positions in which work gives the right to annual extended paid leave

APPROVED BY THE DECREE OF THE GOVERNMENT OF THE RF dated September 13, 1994.

(EXTRACTS)

No. Name of institutions Duration

vacation in calendar days Names of employee positions ()

7 Educational institutions of secondary and higher vocational education and related additional education 56 Rectors (directors); first vice-rectors; vice-rectors (deputy directors); directors (heads) of branches; teachers; faculty; heads of: doctoral studies, postgraduate studies, research departments (sectors), departments, educational departments (parts), educational and consulting centers; managers (managers) of production practice; scientific secretaries of the council 8 Educational, educational and methodological offices (centers), including those included in the structure of educational institutions 42 Directors (heads), their deputies; heads of departments and other structural units; methodologists; educational psychologists 2. Vice-rectors (deputy directors), [except for the first vice-rector, vice-rector (deputy director) for academic, scientific work, evening and distance learning, advanced training]; deans of faculties and their deputies, directors (heads) of branches, heads of: departments, doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts); managers (managers) of production practice; Academic secretaries enjoy the annual extended leave provided for in paragraph 7 of this List, provided that they conduct at least 150 hours of teaching work in the same educational institution of higher vocational education and corresponding additional education in the academic year, and in institutions of secondary vocational and corresponding additional education - at least 240 hours of teaching experience.

If teaching work is not completed in the specified amount annual leave these employees are provided on a general basis.

Vice-rectors (deputy directors) for administrative and economic work are granted annual leave on a general basis, regardless of their pedagogical work.

4. Annual extended leaves established by this List of the same duration are granted to teaching staff for positions of the same name with the name “senior” or “chief”.

Regulations on the procedure and conditions for providing teaching staff

educational institutions long leave for up to one year

APPROVED BY ORDER OF THE MINISTRY OF EDUCATION OF THE RF DATED 7.12.2000 1.

This Regulation establishes the procedure and conditions for granting long leave for a period of up to one year to teaching staff of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder. 2.

Teaching staff of educational institutions in accordance with paragraph 5 of Art. 55 of the Law of the Russian Federation “On Education” have the right to long leave for a period of up to one year (hereinafter referred to as long leave) at least every 10 years of continuous teaching work. 3.

The experience of continuous teaching work, which gives the right to a long vacation, includes the time spent working in state, municipal educational institutions and non-state educational institutions that have state accreditation, in positions and under the conditions provided for in the annex to these Regulations. 4.

The length of continuous teaching experience is established in accordance with entries in the work book or on the basis of other properly executed documents.

Issues regarding the calculation of continuous teaching experience are considered by the administration of the educational institution in agreement with the trade union body.

5. The length of continuous teaching work that gives the right to long leave includes:

Actual time worked;

The time when the teacher did not actually work, but he retained his place of work (position) and salary in full or in part (including the time of paid forced absence in the event of improper dismissal or transfer to another job and subsequent reinstatement); -

the time when the pedagogical worker underwent practical training in paid teaching positions during the period of study in educational institutions of secondary and higher vocational education, graduate school and doctoral studies; -

the time when the teaching worker did not actually work, but he retained his place of work (position) and received state social insurance benefits, with the exception of the time when the teaching worker was on partially paid leave and received child care benefits until he reaches age one and a half years.

6. The length of continuous teaching work is not interrupted in the following cases: -

when an employee transfers in the prescribed manner from one educational institution to another, if the break in work does not exceed one month; -

when entering a teaching job after dismissal from teaching upon expiration of the employment agreement (contract) of persons working in the Far North and equivalent areas, if the break in work did not exceed two months; -

when entering a teaching job after dismissal from educational authorities due to the reorganization or liquidation of these bodies, staff reduction, if the break in work did not exceed three months, provided that work in educational authorities was preceded by teaching work; -

when entering a teaching job after dismissal from military service or equivalent service, if the service was immediately preceded by teaching work, and the interval between the day of dismissal from military service or equivalent service and entry to work did not exceed three months; -

when entering a teaching job after dismissal due to the liquidation of an educational institution, reduction in the staff of teaching staff or its number, if the break in work did not exceed three months; -

when entering a teaching job after dismissal from teaching due to at will in connection with the transfer of the husband (wife) to work in another area, regardless of the break in work; -

when applying for a teaching job after graduating from a higher or secondary pedagogical educational institution, if studying in educational institution immediately preceded by teaching work, and the break between the day of graduation and the day of entry into work did not exceed three months; -

when applying for a teaching job after being released from work in the specialty in Russian educational institutions abroad, if the break in work did not exceed two months; -

when entering a teaching job after dismissal from teaching due to disability, if the break in work did not exceed three months (the three-month period in these cases is calculated from the date of restoration of working capacity); -

when entering a teaching job after dismissal from teaching due to a discovered inconsistency of the employee with the position held or the work performed due to health reasons (according to a medical report) that prevent the continuation of this work, if the break in work did not exceed three months; -

upon entering a teaching position after dismissal of one's own free will due to retirement.

When moving from one teaching job to another due to a change in place of residence, the break in work is extended by the time necessary for the move. 7.

Long-term leave may be granted to a teaching employee at any time, provided that this does not adversely affect the activities of the educational institution. 8.

The order and timing of long-term leave, duration, inclusion in annual paid leave, the possibility of paying for long-term leave at the expense of extra-budgetary funds and other issues not provided for by these Regulations are determined by the charter of the educational institution.

9. Long leave is granted to a teaching employee upon his application and is formalized by order of the educational institution.

Long-term leave for the rector, director, head of an educational institution, head of an educational institution is formalized by order of the Ministry of Education of Russia.

10. A teaching worker on long-term leave is retained his place of work (position) in accordance with the established procedure.

For a teaching worker on long-term leave, the teaching load is retained in accordance with the established procedure, provided that during this time the number of teaching hours has not decreased. curriculum and programs or number of study groups (classes). eleven.

During a long vacation, the transfer of a teaching employee to another job, as well as his dismissal at the initiative of the administration, is not allowed, with the exception of the complete liquidation of the educational institution. 12.

For a teaching employee who falls ill while on long-term leave, the long-term leave is subject to extension by the number of days of incapacity certified sick leave, or, in agreement with the administration of the educational institution, is postponed to another date.

Long leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time.

Application

to the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year

List of positions in which work is counted towards continuous teaching experience

1. List of positions, work in which is counted towards the length of continuous teaching work, regardless of the volume of teaching work: -

Professor; -

Senior Lecturer; -

teacher; -

assistant; -

teacher; -

teacher-speech pathologist; -

teacher speech therapist; -

teacher-organizer (basics of life safety, pre-conscription training); -

additional education teacher; -

supervisor physical education; -

master of industrial training; -

senior trainer-teacher; -

trainer-teacher; -

accompanist; -

musical director; -

teacher

2. List of positions, work in which is counted towards continuous teaching experience under certain conditions: -

rector, director, head of an educational institution; -

head of an educational institution; -

vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process; -

director, head of a branch of an educational institution; -

head of a branch of an educational institution; -

head master; -

educational facility manager; -

dean, deputy dean of the faculty; -

head, deputy head of the department, doctoral studies, postgraduate studies, department, sector; -

head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution; -

scientific secretary of the academic council; -

manager (manager) of production practice; -

Methodist; -

instructor-methodologist; -

senior methodologist; -

senior teacher; -

cool teacher; -

social teacher; -

educational psychologist; -

teacher-organizer: -

senior counselor; -

labor instructor; -

physical education instructor.

The time spent in positions listed in clause 2 of this list is counted towards the length of continuous teaching work provided that the teaching staff performs teaching work in each academic year in the positions listed in clause 1 of this list (both with and without teaching full-time position) in the following amount: -

at least 150 hours - in institutions of higher professional education and corresponding additional professional education (advanced training) for specialists; -

at least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; -

at least 6 hours a week in general education and other educational institutions.

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

But at the same time it should be taken into account that pedagogical activity has its own characteristic nuances that must be taken into account when taking on an additional part-time job.

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

Some legal norms for this category of workers are contained in Chapter 44 Labor Code, but the above resolution specifies and lists all the basic requirements and conditions.

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

A number of conditions are imposed on the length of the working day (it is established in accordance with a joint agreement with employers):

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

If a teacher, with the consent of management, engages in professional activity in the center for advanced training during regular working hours, he retains the full salary at his main place of work.

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

This:

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

Features and functionality

Restrictions are also established for directors employed in government or municipal institutions. These persons are allowed to combine only basic and scientific activities.

As for non-state educational institutions, they are managed by a board of trustees or founders. Obtaining part-time permission for directors depends on the listed governing bodies. Such permission is not required only in one case - if the director is the only founder. In this case, he can independently make any decision that is convenient for him regarding the specifics of his work activity.

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

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

Teachers also have the right to work for several employers at once (at).

University staff according to labor legislation There are certain benefits in the field of additional work activity.

Additional work paid separately for this category of workers includes literary, scientific and any other creative activity. Heading of a department or faculty, supervision of student practice, doctors or graduate students are also paid.

Teachers have the same rights as working citizens to obtain additional work, both within the same institution and with another employer.

At the same time, they are paid additionally for teaching a class, organizing excursions and other events, and managing a laboratory.

If a teacher has additional employment within one educational institution, which is paid additionally, there is no need for him to look for an additional part-time job.

Salary

Teaching staff working part-time have the rights to all social benefits and additional payments required by law and established by local documents.

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

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

For teachers and educators involved in government institutions, an opportunity to improve qualifications at an additional job is provided.

After which the salary accrued for this position will increase. We are talking about certification for the second, first and highest categories.

Nuances of granting leave

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

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

If the vacation period at an additional workplace is shorter, the employer is obliged to additionally arrange days without pay (at his own expense). This will make both vacations equal in duration. But at the same time, you cannot increase the vacation period at your main workplace!

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

1. Speech therapists, educators and methodologists employed in preschool institutions, receive 42 days of rest.
2. The same categories of workers who work with children with disabilities or other health restrictions can take 56 days of rest.
3. Teachers employed in junior high and secondary educational institutions rest for 56 days.
4. Teachers of universities and special educational institutions, as well as deans and professors can apply for a 56-day vacation period.

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

Established in accordance with the Government Decree No. 813 adopted in November 2002, as well as the Decree of the Ministry of Labor issued in June 2003.

Sick leave

Workers get sick no matter what position they are in. Therefore, payment for periods of temporary disability is also carried out at a job obtained as a part-time worker.

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

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

This rule is due to the fact that payments are calculated taking into account two recent years continuous work activity.

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

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A comment
to normative legal acts regulating part-time work, when combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee in educational institutions

Such forms of labor organization used in labor relations with employees of educational institutions, such as part-time work, combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee, have their own fundamental differences and regulatory features, which, unfortunately, are not are always taken into account by employers when deciding on personnel placement issues.
There are still cases when, in fact, an employee performs part-time work in the same educational institution, that is, he works outside the main working hours with wages calculated based on the salary for the second position, but the employment relationship is not properly formalized. The employer, instead of concluding another employment contract with the employee on part-time work, is limited, as a rule, to issuing an order authorizing part-time work.
The performance of work by combining professions (positions), expanding service areas or increasing the volume of work is not reflected in any way in the employment contract with the employee.
This commentary aims to provide detailed explanations of all the differences and application features specified forms organization of work in educational institutions, including in relation to teaching staff.
It should be noted that at present, the issues of attracting workers to part-time work, combining professions (positions), expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee are mainly regulated by the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 No. 90-FZ, which came into force on October 6, 2006) (hereinafter abbreviated as the Labor Code of the Russian Federation).
In addition, in accordance with the Decree of the Government of the Russian Federation dated April 4, 2003 No. 197 “On the specifics of part-time work for teaching, medical, pharmaceutical and cultural workers,” the specifics of part-time work for these categories of workers are determined by the resolution of the Ministry of Labor and social development Russian Federation dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (registered by the Ministry of Justice of Russia on August 7, 2003 Registration No. 4963) (hereinafter referred to as the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41).

I. REGULATION OF LABOR OF PERSONS WORKING PART-TIME
When using such a form of labor organization as part-time work, it is necessary to proceed from the fact that part-time work is the performance by an employee of other regular work under the terms of an employment contract in his free time from his main job. It follows from this, for example, that when an employee in the same institution performs work in another regular position, in order internal part-time job another employment contract must be concluded with him.
Regulation of the labor of persons working part-time is provided for in the Labor Code of the Russian Federation in Articles 11 (regulating the characteristics of part-time work), 59 (the possibility of concluding a fixed-term employment contract with a part-time worker), 60¹ (on the right to perform part-time work, both internal and external), 65 (documents presented when applying for a part-time job), 66 (about the entry in the work book of part-time work), 229 (formation of commissions to investigate accidents with part-time workers), 276 (part-time work of a manager for another employer), 282-288 (peculiarities of labor regulation for persons working part-time: working hours, pay, leave, guarantees, additional grounds for termination of an employment contract), 321 (vacations for persons working part-time in the regions of the Far North and in equivalent areas ), 329 (prohibition of part-time work related to management vehicles, for workers whose main place of work is related to driving vehicles), 332 (cases of replacement of scientific and pedagogical workers without election by competition when hiring part-time workers), 350 (duration of part-time work for medical workers).

Conclusion and termination of an employment contract for part-time work
When concluding an employment contract for part-time work, it is necessary to rely on the new Article 60¹ of the Labor Code of the Russian Federation, which defines the concept of part-time work and distinguishes part-time work into internal (with the same employer) and external (with another employer).
In accordance with this article, an employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job, both with the same employer as an internal part-time job, and (or) with another employer as an external part-time job.
At the same time, it should be noted that Article 98 of the Labor Code of the Russian Federation was declared invalid, according to which, until October 6, 2006, internal part-time work was allowed only in another profession (position), because of which the employer did not have the right to hire the procedure for internal combination of workers by profession and position having the same name. For example, with a teacher’s assistant, laboratory assistant, engineer, and even with a janitor office premises It was impossible to conclude another employment contract at the main place of work for part-time work in a similar position (profession), which created unreasonable additional difficulties in ensuring the normal operation of educational institutions or led to violations of the law.
An exception was established only for teaching, medical, pharmaceutical workers, as well as cultural workers, since the Labor Code of the Russian Federation provided for the establishment of the specifics of part-time work for them.
For example, teaching staff, in accordance with Article 333 of the Labor Code of the Russian Federation, were allowed internal part-time work in a similar position. Now Art. 333 of the Labor Code of the Russian Federation does not contain this exception, since in general restrictions on part-time work in a similar profession (position) have been lifted, and employers can freely attract part-time workers both in a profession (position) with a different name, and in a similar profession ( positions).
In accordance with Article 282 of the Labor Code of the Russian Federation, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. This means that an employee has the right to perform part-time work for several employers on the basis of employment contracts concluded by them.
The same employer, in addition to the main employment contract, can only have one employment contract for internal part-time work.
The employment contract (for internal and external part-time work) must indicate that the work is carried out part-time.
In accordance with Part 2 of Article 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with persons working part-time by agreement of the parties. This means that the employer can, but is not obliged to, enter into a fixed-term employment contract with persons applying for part-time work, which means that an employment contract for part-time work can also be concluded for an indefinite period.
Some employers, when hiring part-time workers, still prefer to enter into a fixed-term employment contract with them in order to make it easier to terminate employment relations with such employees. And vice versa, they encounter problems when the expiration of the employment contract is still very far away, but the opportunity has arisen to hire an employee for whom this work would be the main one. Such problems arise due to the fact that a fixed-term employment contract, in the absence of culpable actions on the part of the employee, cannot be terminated before the expiration of the term at the initiative of the employer, unless the employee himself expresses a desire to terminate the employment relationship on his own initiative.
At the same time, an employment contract concluded with a part-time worker for an indefinite period can be terminated by the employer two weeks after such a need arises, since the Labor Code of the Russian Federation introduces an additional basis for terminating an employment contract with persons working part-time.
Thus, in accordance with Article 288 of the Labor Code of the Russian Federation, in addition to the grounds provided for by other articles of the Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated at the initiative of the employer in the case of hiring an employee for whom this work will be the main one, about which the employer warns the specified person in writing at least two weeks before the termination of the employment contract.
A fixed-term employment contract for part-time work cannot be terminated on this basis.
Thus, if a position is vacant, but it is not yet possible to invite a permanent employee, it is more advisable in such a situation to conclude an employment contract with a part-time employee for an indefinite period.
Example
At the beginning of the school year, the physical education teacher quit. Other teachers cannot teach this subject. A coach-teacher at a children's and youth sports school agrees to teach physical education classes part-time, at the same time, the school director considers it necessary to invite a permanent employee with the appropriate qualifications to work, but it is a matter of time.
In such a situation, concluding a fixed-term employment contract with a part-time worker may be a deterrent when hiring a permanent employee. The two-week period required to warn a part-time employee with whom an employment contract has been concluded for an indefinite period will not have a significant impact on the issue of personnel placement.

Documents required when concluding an employment contract for part-time work
When applying for a part-time job with another employer, an employee, in accordance with Article 283 of the Labor Code of the Russian Federation, is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or vocational training or their duly certified copies, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate about the nature and conditions of work at the main place of work. This article does not provide for the presentation of other documents.
At the same time, Article 65 of the Labor Code of the Russian Federation establishes that in some cases, taking into account the specifics of work, the code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract.
Thus, the presentation of additional documents will be necessary when applying for a job at an educational institution, including part-time work, on the basis of Articles 331 and 351.1. The Labor Code of the Russian Federation, in accordance with which either a ban on engaging in teaching activities or restrictions on engaging in teaching activities are established labor activity in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection And social services, in the field of children's and youth sports, culture and art with the participation of minors.

Entering information about part-time work into work book
In accordance with Article 66 of the Labor Code of the Russian Federation, at the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
If an entry about part-time work was made in the employee’s work book, then the entry on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law.

Restrictions on part-time work
Restrictions on part-time work are primarily related to the length of working hours, which, as a general rule, in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half the monthly standard working time (standard working time for another accounting period) established for the corresponding category of workers.
The restrictions on the duration of working hours when working part-time, established by part 1 of Article 284 of the Labor Code of the Russian Federation, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of the Labor Code of the Russian Federation (that is, in the event of a delay in payment of wages for a period more than 15 days, if the employee notified the employer about this in writing) or was suspended from work in accordance with parts 2 or 4 of Article 73 of the Labor Code of the Russian Federation (due to refusal to transfer to another job based on a medical report or due to the lack of relevant work from the employer) .
It is necessary to emphasize that the restrictions on part-time work are related precisely to the length of working hours, and not to the amount of remuneration, which largely depends on the volume and quality of the work performed.
In addition, with persons working part-time, the employment contract is concluded for work in the corresponding position, and not in its part or part of the rate (for example, in the position of a leading engineer, and not at 0.5 of the rate or 0.5 of the position of a leading engineer) . The sections of the employment contract that determine the duration of working hours and terms of remuneration must indicate, respectively, the specific duration of working hours (per day, per week, per month), as well as the size and conditions of remuneration (for example, with a salary of 0.5 official salary provided for the position of leading engineer). If there are other payments, they are also indicated in the employment contract concluded for part-time work.
The significant restrictions provided for in Article 282 of the Labor Code of the Russian Federation when engaging in part-time work (in addition to the restrictions associated with its duration) also include a prohibition for employers to engage in part-time work persons under the age of 18 years, as well as persons in heavy work , work with harmful and (or) dangerous working conditions, if the main work is related to the same working conditions, and in other cases established by federal laws.
The maximum duration of part-time work established by Article 284 of the Labor Code of the Russian Federation in the total amount of half the monthly working time standard provides the employer with the opportunity to attract part-time workers for whom a 40- or 36-hour work week is established, in the amount of 20 or 18 hours per week , respectively 82.75 or 74.45 hours per month based on the average monthly working time in 2012 with a five-day working week).
It should be taken into account that the provision provided for in subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, stipulating that the duration of part-time work for teaching staff (including trainers, teachers, trainers), who have half the monthly work rate time for main work is less than 16 hours a week, can be 16 hours a week for a month, should not be applied as contrary to Article 284 of the Labor Code of the Russian Federation as amended by Federal Law No. 90-FZ of June 30, 2006.
It follows from this that part-time work under the tariff conditions of another employer can be carried out by teachers only in the amount of half the monthly working time norm, which in terms of the weekly norm is 9 hours. A larger volume of teaching work in a school where a teacher works part-time can only take place on an hourly basis in the amount of 300 hours per year, as established by subparagraph “c” of paragraph 2 of Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41.

Restrictions on part-time work (peculiarities of performing other paid work) for certain categories of employees (organization managers, state and municipal employees)
For certain categories of workers, in addition to the restrictions provided for in Article 284 of the Labor Code of the Russian Federation and related to the duration of part-time work, other federal laws provide for other restrictions and features of performing other paid work.
A) Restrictions on part-time work for heads of educational institutions and other features of their performance of other paid work
In accordance with Article 35 of the Law of the Russian Federation “On Education”, heads of state and municipal educational institutions are required to combine their positions with others leadership positions(except for scientific and scientific-methodological guidance) inside or outside educational institutions is not permitted. It was also established that job responsibilities heads of the same institutions, their branches (divisions) cannot hold part-time positions.
At the same time, the legislation does not provide for such a ban for heads of other institutions and organizations that are not state and municipal educational institutions, that is, a ban on combining their positions with other management positions.
At the same time, in accordance with Article 276 of the Labor Code of the Russian Federation (but taking into account the restrictions provided for in Article 35 of the Law of the Russian Federation “On Education”), heads of educational institutions, like heads of other organizations, can work part-time for another employer, which requires permission from the authorized body legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner. However, this article does not provide for any regulation of part-time work of a manager with the same employer, that is, in his own organization.
Apparently, the regulation of part-time work of a manager only for another employer is due to the fact that the same employer for the manager actually does not have a party to conclude an employment contract, as well as the possibility of objective control of the work performed.
For example, on the one hand, the head of an educational institution, authorized to conclude employment contracts with employees on behalf of the employer, cannot be a party to concluding an employment contract with himself in another position. On the other hand, the founder or executive body authorized to conclude an employment contract with the head of an educational institution does not have the right to conclude employment contracts with employees of the educational institution, including in positions that the director could apply for in addition to his main job.
At the same time, the manager has the opportunity to perform other paid work in his own educational institution.
Thus, in accordance with subparagraph “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the head of an educational institution is allowed to carry out teaching work in the same educational institution without occupying a full-time position, since this does not require the conclusion of an employment contract. The conditions for the head of an educational institution to carry out teaching work and payment for it are provided for by making appropriate additions to the employment contract concluded with the head by the founder or other authorized body.
It should be noted that the teaching work of a leader without holding a full-time position is possible only as a teacher, lecturer, teacher of additional education, trainer-teacher in educational institutions implementing general educational programs, programs of primary and secondary vocational education, as well as additional education for children, since the staffing of these categories is carried out not on the basis of the staffing table, but based on the number of hours in curricula and programs, staffing levels and other conditions. Remuneration for the work of heads of educational institutions for performing such teaching work is carried out based on the norms of hours of teaching work established for the specified positions at the wage rate, which are estimated for calculating wages for its actual volume.
B) Features of performing other paid work (part-time work) for state and municipal employees
The specifics of performing other paid work for state and municipal employees, including employees of state and municipal bodies exercising management in the field of education, are established:
- Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation” (as amended and supplemented) (hereinafter referred to as Federal Law of March 2, 2007 No. 25-FZ);
-Federal Law of July 27, 2004 No. 79-FZ “On State civil service Russian Federation" (with amendments and additions) (hereinafter - Federal Law of July 27, 2004 No. 79-FZ).
Thus, in accordance with paragraph 2 of Article 1 of Federal Law No. 25-FZ of March 2, 2007, a municipal employee, with the exception of a municipal employee holding the position of head of a local administration under a contract, has the right, with prior written notification to a representative of the employer (employer), to perform other paid work , unless this entails a conflict of interest and unless otherwise provided by this Federal Law.
At the same time, Article 14 establishes prohibitions for municipal employees related to municipal service. For example, it is prohibited to replace a position municipal service in case of election to a paid elective position in the body of the trade union, including in the elected body of the primary trade union organization created in the organ local government, the apparatus of the municipal election commission.
Paragraph 2 of Article 14 establishes that a municipal employee holding the position of head of a local administration under a contract has no right to engage in other paid activities, with the exception of teaching, scientific and other creative activities. At the same time, teaching, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
In accordance with paragraph 2 of Article 14 of the Federal Law of July 27, 2004 No. 79-FZ, a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, if this does not entail a conflict of interest (previously, for civil servants there was a ban on any other paid work, except for teaching, scientific or other creative activities).

Features of regulation of part-time work.
Duration of part-time work
Features of the regulation of part-time work in accordance with Article 282 of the Labor Code of the Russian Federation in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established for teaching, medical, pharmaceutical and cultural workers.
Currently, the features of part-time work for these categories of workers, as mentioned above, are determined by Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, which was adopted in accordance with Resolution of the Government of the Russian Federation dated April 4, 2003 No. 197 “On the features part-time work for teaching, medical, pharmaceutical and cultural workers”, taking into account the opinion of the RTK.
Describing the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, it should be noted that the peculiarities primarily lie in the fact that for certain teaching, medical, pharmaceutical and cultural workers, part-time work is allowed for a longer duration than provided for in Article 284 of the Labor Code of the Russian Federation .
Another significant feature established for teaching, medical, pharmaceutical and cultural workers is that certain types of work performed in addition to the main one are not considered part-time and do not require the conclusion (registration) of an employment contract.
Let us dwell in more detail on the features of part-time work for teaching staff.
For some categories of teaching staff, other teaching work in the same or another educational institution is considered part-time work, while for others part-time work is teaching work only in another educational institution.
Teaching staff for whom other regular teaching work in the same or another educational institution is part-time include:
employees from among the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) specialists (IPK);
other pedagogical workers of universities and IPK (methodologists, educational psychologists, additional education teachers, etc.).
For these categories of teaching staff, teaching work performed in another full-time position in the same or another educational institution is part-time and is formalized by concluding another employment contract.
Teaching staff for whom other regular teaching work is considered part-time only if it is performed in another educational institution include:
teachers, teachers, speech pathologists, speech therapists, teachers-organizers of the basics of life safety, pre-conscription training, heads of physical education, masters of industrial training, educators, tutors, teacher-librarians and other pedagogical workers of primary or secondary vocational education institutions, preschool educational institutions institutions, educational institutions of general education, institutions of additional education for children and other children's institutions.
As a rule, questions immediately arise: why only in others? Can't these employees do other teaching work part-time in the same institution?
In this case, we are not talking about a ban, but only about a different procedure for regulating other teaching work in the same institution.
Thus, in accordance with paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, other regular teaching work in the same institution of primary or secondary vocational education, preschool educational institution, educational institutions of general education, institutions of additional education for children and other children's institutions is not is a part-time job, and therefore does not require the conclusion of a separate employment contract.
(For details on the specifics of performing such teaching work, see the section “Conditions for performing work that is not considered part-time”).
As for the issues of part-time work, then, as already noted, the duration of working hours when working part-time in accordance with Article 284 of the Labor Code of the Russian Federation for the same employer should not exceed a total of half of the monthly working time standard.
Examples
1. The IPK methodologist works in a full-time position as an assistant professor in the same institution. The duration of his working time as an assistant professor should not exceed 18 hours per week, that is, half of the monthly working time standard established by teaching position, calculated from his 36-hour work week.
2. An associate professor of a university at the same and/or another university is hired for another full-time part-time teaching position.
In each case, an employment contract on part-time work in a teaching position (assistant, teacher, senior lecturer, associate professor, professor) must be concluded with such a teacher both in the same and in another university (one or more) with a working time not exceeding 18 hours per week, which corresponds to half the official salary provided for the part-time position held (taking into account compensation and/or incentive payments applied in the institution).
In accordance with subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, cultural workers engaged part-time as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors can perform this work for a duration of not exceeding the monthly standard of working time, calculated from the duration of the working week established for the relevant position.
Cultural workers include workers whose main job is to work as managers and specialists in various institutions culture (theaters, museums, clubs, circuses, galleries, concert organizations, libraries, etc.).
Teaching staff of additional education, which may include cultural workers (along with workers directly listed in paragraph 8 of subparagraph “b” of clause 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41), may include employees of educational institutions whose Pedagogical activities are directly related to the implementation of additional educational programs: additional education teachers, trainers-teachers, teacher-organizers, methodologists of institutions of additional education for children.
Examples
1. A theater artist works part-time as a teacher of additional education in secondary school or in an institution of additional education for children. The volume of teaching work, and therefore the normalized part of his teaching work in a part-time position in this position, can be 18 hours a week, which does not exceed the monthly standard of working time, calculated from the weekly standard of hours of teaching work established for the additional education teacher. Salaries for an 18-hour weekly workload will be paid in the amount of the monthly wage rate of a teacher of additional education (using compensation and/or incentive payments established by the institution).
2. The ballet dancer works part-time as the artistic director of the ensemble in the House of Children's Creativity. The duration of his working time in the specified position should not exceed 40 hours per week with appropriate remuneration in proportion to the time worked. With a 40-hour work week, the salary of the artistic director of an educational institution must be paid in the amount of the official salary established for this position (using the compensation and/or incentive payments established in the institution).
In accordance with subparagraph “c” of paragraph 1 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, with the consent of the employer, the teaching work of highly qualified specialists on a part-time basis is allowed in educational institutions for advanced training and retraining of personnel during regular working hours with the preservation of wages at the main place work.
It should be noted that this resolution does not provide a list of highly qualified specialists who can perform part-time teaching work in these educational institutions. There are also no time limits for performing such work, nor a specific list of educational institutions for advanced training and retraining of personnel.
Consequently, the employer at the place of main work has the right to decide for himself in assessing the qualifications of the specialist whom he will allow to perform such work part-time while maintaining his salary, as well as the time for its completion.
The resolution of the Ministry of Labor of Russia also does not regulate the issue related to what form (oral or written) the employer’s consent must be expressed, and therefore, in order to avoid possible misunderstandings and consequences, it is advisable to issue the permission in writing (possibly in the form of an additional condition, contained in the written form of the employment contract for the main job).

Remuneration for part-time work
In accordance with Article 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made:
in proportion to the time worked;
depending on output;
on other conditions specified in the employment contract.
When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed.
Persons working part-time in areas where regional coefficients and wage allowances have been established are paid taking into account these coefficients and allowances.
As noted above, there are no restrictions on the amount of remuneration for part-time work. Persons working part-time for half the monthly working hours, but performing work in a larger volume than provided for by the position of the employee employed for half the monthly working hours, may be paid for the work actually performed, including by establishing an additional payment for an increase in the volume of work performed. work or other compensation and/or incentive payments.
When performing part-time work, the employee’s remuneration must be calculated from the salary established for him not lower than the minimum wage in proportion to the established part-time work. If, for example, an employee performs work in the amount of half the monthly working time standard (20 hours per week with a 40-hour work week), then his salary should be no less than 2305.5 rubles. per month (4611 x 20:40).
When calculating the wages of workers performing part-time work in the Far North and equivalent areas, one should take into account the position expressed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation (dated April 8, 2011 No. 3-B11-4, dated 29 April 2011 No. 3-B11-5, dated June 24, 2011 No. 52-B11-1) regarding regional coefficients and northern allowances.
Based on the position expressed by the court, it follows that when establishing a remuneration system, each employer must be equally observed as a norm that guarantees an employee who has fully worked the standard working hours for the month and has fulfilled the labor standards ( job responsibilities), salary not less than minimum size remuneration (Article 133 of the Labor Code of the Russian Federation), and the rules of Articles 2, 130, 132, 135, 146, 148, 315, 316 and 317 of the Labor Code of the Russian Federation, including the rule on remuneration for work carried out in the regions of the Far North and equivalent localities, at an increased rate compared to remuneration for identical labor performed in normal climatic conditions.
In accordance with Articles 315, 316 and 317 of the Labor Code of the Russian Federation, unfavorable factors associated with work in these conditions must be compensated by special coefficients and wage premiums, in connection with which the wages of employees of organizations located in the Far North and equivalent regions to their localities, must be determined in an amount not less than the minimum wage, after which a regional coefficient and a bonus for work experience in these areas or localities must be added to it.
It should also be borne in mind that if work in addition to the main one is performed by an employee as an internal part-time worker, then the calculation of his salary, taking into account the above principles, must be carried out for each position separately.

Annual main and additional holidays part-time workers
In accordance with Article 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months in a part-time job, then leave is granted in advance, that is, the full duration established for the part-time position held. Proportional calculation of the duration of vacation for time worked part-time is not allowed.
In the event that an employee’s annual paid leave at a part-time job is set to a shorter duration than the duration of leave at the main place of work, the employer, at the employee’s request, provides him with leave without pay for the missing duration.
In accordance with Article 321 of the Labor Code of the Russian Federation, the total duration of annual paid leave for part-time workers is established on a general basis, including persons working in the regions of the Far North are provided with additional paid leave of 24 calendar days, and persons working in areas equated to regions Far North - 16 calendar days.
If laws and other regulatory legal acts, collective agreements, agreements, and local regulations provide for guarantees and compensation for employees of an organization, then in accordance with Article 287 of the Labor Code of the Russian Federation, persons working part-time are provided with them in full (with the exception of guarantees and compensation established for persons combining work with study, as well as persons working in the Far North and equivalent areas).

Conditions for performing work that is not considered part-time work
Paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for teaching, medical, pharmaceutical workers and cultural workers, that is, the categories of workers provided for in paragraph 1 of this resolution, defines types of work that are not part-time and do not require the conclusion of an employment contract .
These include the following types of work.
1. Pedagogical work on an hourly basis in an amount of no more than 300 hours per year (subparagraph “c” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subclause, pedagogical work can be carried out:
- teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) specialists (IPK), other teaching staff of these institutions (methodologists, educational psychologists, etc.). this work can be performed by these employees in the same or another educational institution, including in addition to internal or external part-time work;
- teachers, teachers, educators and other pedagogical workers of institutions of primary and secondary vocational education, preschool educational institutions, educational institutions of general education, educational institutions of additional education for children and other children's institutions, but only in another educational institution, since pedagogical work in the same institution in any amount is not considered part-time work in itself and is paid for all teaching work on tariff terms (with the exception of replacing absent teaching staff, which lasted no more than two months);
- teaching staff from among the employees of institutions, organizations (including employees of bodies exercising management in the field of education), with whom the educational institution initially concluded an employment contract for part-time work (in any amount, but not exceeding half the monthly norm).
For example, a specialist from an educational management body entered into an employment contract with a school to work part-time as a teacher with a teaching volume of 1 hour per week or more. Since in this case he will already be a teaching worker, who is subject to clause 2 of the resolution of the Ministry of Labor, this employment contract can include additional condition on performing teaching work in the amount of 300 hours per year on an hourly basis, which will not be part-time work.
300 hours per year in terms of the weekly volume of study load is 8-9 hours (depending on the number of study weeks), which can also be reflected in the addition to the specified employment contract. Payment for all teaching work in this case will be made for the number of hours of teaching work actually performed per month on an hourly basis, the amount of which is determined based on the salary rates established for the teacher’s position, taking into account the applicable remuneration system.
2. Pedagogical work in a similar or different position in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution for additional education of children and other children's institution (subparagraph “e” of paragraph 2 of the resolution of the Ministry of Labor Russia).
In relation to subparagraph “e”, pedagogical work can be performed:
- in full-time positions (with the same or a different name), for which not the standard hours for the rate are established, but a specific duration of working time (for example, an educational psychologist can work in the same educational institution as a social teacher, industrial training master, methodologist (meaning a methodologist on the staff of an educational institution); a master of industrial training has the right to work in another position of a master of industrial training; a senior teacher of a preschool or other children's institution - a teacher, teacher-psychologist, social teacher);
- in positions for which (for one or both) hour standards are established for the wage rate (for example, a teacher of a preschool educational institution can work in the same institution musical director and/or speech therapist; teacher of a music pedagogical college - accompanist, teacher in the dormitory of the same institution).
Other options for performing teaching work in the same institution are also possible. All of the above and other teaching staff can conduct teaching work in the same educational institution, classes in clubs and other student associations.
3. Work without holding a full-time position in the same institution for the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments, managing subject and cycle commissions, work in managing industrial training and practice of students and other students, etc. (subparagraph “g” » paragraph 2 of the resolution of the Russian Ministry of Labor).
In educational institutions, types of work without holding a full-time position (in addition to those listed) are:
- additional work, which in its content is related to the educational process, but is not included in the job responsibilities of teaching staff (classroom management, group leadership, checking written work, managing educational and experimental sites, extracurricular work in physical education, management of educational and consulting centers, boarding schools at general educational institutions, performing the duties of a master of educational workshops);
- other types of additional work (if there are no employees on staff whose responsibilities include its implementation).
The specified additional work is determined when concluding an employment contract for the main job or in an additional agreement to the employment contract.
4. Work without holding a full-time position in the same institution, related to the teaching work of managers and other employees of educational institutions (subparagraph “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
In accordance with this subclause, teaching work (including in clubs and other student associations) can be carried out:
- directors, their deputies, managers structural divisions, teaching staff holding full-time positions (teacher psychologists, social educators, teacher-librarians, methodologists, etc.), librarians, engineers, laboratory assistants, and other specialists, administrative, economic and educational support personnel.
The scope of teaching work is determined when concluding an employment contract for the main job (if the issue of teaching work is also being resolved) by making appropriate additions to it or when concluding additional agreement to the employment contract.
It should be noted that the right for heads of federal educational institutions (structural divisions) implementing general education programs, primary vocational and secondary vocational education programs, as well as additional educational programs, to carry out teaching work without holding a full-time position in classes, groups, clubs, sections in the same educational institution under the terms of an additional agreement to the employment contract, enshrined in the Industry Agreement on organizations under the jurisdiction of 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 Trade Union of Workers of Public Education and Science of the Russian Federation 22 February 2012 (registered with the Federal Service for Labor and Employment on March 27, 2012, registration number No. 204/12-14).
At the same time, the parties proceeded from the fact that the provision of teaching work to the specified persons, as well as pedagogical, managerial and other employees of other educational institutions (structural divisions), employees of enterprises, institutions and organizations (including employees of bodies exercising management in the field of education and educational and methodological classrooms, centers) is carried out taking into account the opinion of the elected body of the primary trade union organization and provided that teachers for whom this educational institution is the place of main work are provided with teaching work in their specialty in an amount not less than the salary rate.
Similar provisions can be included in regional and territorial agreements and collective agreements in order to uniformly regulate this issue.
5. Work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate, including for hours replacing teaching staff absent due to illness and other reasons (subparagraph “h” of paragraph 2 of the resolution of the Ministry of Labor of Russia).
For example:
- a school teacher performs teaching work in the amount of 27 hours per week, that is, in excess of the established 18-hour norm of teaching work per week, for which the wage rate is paid;
- a college teacher conducts teaching work in the amount of 1000 hours per year, that is, in an amount exceeding the established annual standard of hours for the wage rate of 720 hours of teaching work;
- a teacher of a preschool educational institution, whose standard hours for the wage rate is 36 hours per week, performs teaching work in this position in the amount of 72 or 60 hours per week;
- a teacher of additional education carries out teaching work in a circle, section in the amount of 36 hours per week, that is, 18 hours exceeding the weekly standard of hours for which the wage rate is established.

The time it takes to complete work that is not considered part-time work and its volume
In accordance with paragraph eleven of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the performance of work specified in subparagraphs “b”-“h”, which are not considered part-time work, is allowed during regular working hours with the consent of the employer. Consequently, the employer has the right to independently determine the types of work provided for in subparagraphs “b” - “h”, which, without prejudice to the main work, can be performed during the main working hours, as well as their volume.
It should be noted that in fact, it is practically impossible to carry out some types of teaching work during regular working hours, despite the rule contained in the said paragraph on the possibility of performing the work provided for in subparagraphs “e” and “h” during regular working hours.
So, the teacher cannot work in a group at the same time extended day(GPD) by a teacher, and the teacher, when performing work in the GPD, cannot conduct teaching work during his working hours, etc.
Along with this, pedagogical work provided for in subparagraph “h” cannot be performed during regular working hours, since this work is preconditioned by its completion in excess of the established standard hours, for which the wage rate is paid.
At the same time, according to established practice, the employer, guided by this resolution, has the right to allow individual teaching workers to carry out other teaching work during their main working hours (for example, teacher-librarians, educational psychologists, teacher-organizers, senior counselors can conduct teaching work including the volume that will be established by him (in whole or in part) within the established working hours). A decision on this issue should be made taking into account the volume of work performed, shifts of classes, and other conditions for its implementation.
Taking into account the same conditions, teaching work can also be carried out in the same institution by other teaching workers, according to the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers educational institutions”, it is not the norms of hours of pedagogical (teaching) work for the wage rate that are established, but the specific duration of working time is 30 or 36 hours per week (clause 1 of the appendix to the said order), that is, by senior educators, educational psychologists, social workers, teachers -organizers, as well as heads of physical education, teachers-organizers of life safety in addition to the teaching load, which in accordance with qualification characteristics is part of their job responsibilities.
During regular working hours, as noted above, teaching work may be allowed to heads of educational institutions, as well as their deputies and heads of structural units, without holding a full-time position.
At the same time, performing additional work on class management, checking written works and other additional work about which we're talking about in subparagraph “g” of paragraph 2, during regular working hours it is hardly possible.
It should be noted that the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for the types of pedagogical (teaching) work provided for in subparagraphs “f”, “g”, “h” does not establish its maximum volume, since in accordance with Article 333 According to the Labor Code of the Russian Federation, the teaching load of a teaching employee of an educational institution, stipulated in an employment contract, may be limited to an upper limit only in cases provided for by the standard regulations on an educational institution of the relevant type and type, approved by the federal executive body authorized by the Government of the Russian Federation.
Currently, the upper limit of the teaching load (that is, the maximum amount of teaching (pedagogical) work that can be performed in the same educational institution) for teaching staff in institutions of primary vocational education, preschool educational institutions, educational institutions of general education, educational institutions of additional education children and other child care institutions in the relevant model provisions not installed.
For teachers of primary and secondary vocational education institutions, an upper limit has been established.
Thus, in the Standard Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation dated July 18, 2008 No. 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 July 14, 2008 No. 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 less than 1,440 hours per year, are unlawful.
The performance of pedagogical work provided for in subparagraphs “f”, “g” of paragraph 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, is formalized by making appropriate additions to the employment contract for the main work (by concluding an additional agreement to the employment contract) stating that that, for example, the employee accepts the responsibility to perform:
- additional teaching work by position (the position in which other pedagogical work will be performed is indicated) with the duration of working time or the number of hours of teaching (pedagogical) work (either the duration of working time or the number of hours of teaching (pedagogical) work is indicated);
- additional work not included in the scope of the main duties (for example, class management, checking written work, etc.).
The employer undertakes to pay for the specified types of work in the amount (its amount is indicated), and also determines the possibility of performing work during regular working hours (in whole or in part) or outside of it.

Vacation pay when performing work that is not considered part-time work
Taking into account that the employment contract for teaching work, provided for in subparagraphs “f”, “g” and “h” of paragraph 2 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41, is not concluded, questions arise related to the provision of leave, calculation payment for vacation, reduction in the volume (cancellation) of teaching and other additional work.
It should be borne in mind that leave for employees who perform teaching work along with their main job is granted for the duration established for the main position, and payment for leave is calculated based on accrued wages in billing period taking into account payment for teaching work, as well as established additional payments. In cases where the duration of leave for the main job is less than for the position of a teacher or lecturer, according to established practice, payment for leave is calculated separately for each position, that is, accordingly based on the salary accrued in the calculation period and the duration of leave established for the main and teaching work.
If during the academic year or for the new academic year, for reasons related to changes in organizational or technological working conditions, the volume of teaching work is reduced or additional payments are cancelled, then appropriate changes are made to the employment contract for the main job, as established by Article 74 of the Labor Code of the Russian Federation. The employer is obliged to notify the employee in writing about upcoming changes to the terms of the employment contract, as well as about the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.
Remuneration for management and other employees of educational institutions for teaching work that is not part-time work is carried out in the manner and on the terms established for teachers, instructors, teachers of additional education, trainers, including on the terms of their tariffs for this work.
It should also be noted that Appendix No. 1 to the Industry Agreement for organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014 stipulates that during work during the autumn, winter, spring and summer holidays of students , as well as during periods of cancellation of classes ( educational process) for students, pupils on sanitary-epidemiological, climatic and other grounds, remuneration for persons from among the management, administrative, economic and educational support personnel conducting teaching work during the academic year, including classes in clubs, is made on the basis of wages the fee established in the tariff setting preceding the start of the holidays or the period of cancellation of classes (educational process) for the specified reasons.

Substitution and payment of lessons for absent (due to illness and other reasons) teachers
In order to resolve issues related to replacing and paying for lessons of absent (due to illness and other reasons) teachers, the following options can be used, which are used in practice.
Lessons of temporarily absent teachers, as a rule, must be replaced by teachers of the same specialty, who must be paid hourly for the additional number of hours of classes in the same subject.
In exceptional cases, when such a replacement is impossible, absent teachers may be replaced by teachers teaching other subjects, who, during temporarily free hours, can go through the program in their subject a little ahead, so that then, at the expense of teaching hours in the subject of the substitute teacher, the absent teacher can make up for the missed time. program already in its subject.
According to established practice, remuneration for teachers during such a replacement will be made as follows.
A teacher who replaces an absent teacher and conducts classes in his subject in advance does not receive additional pay during this period, since when he transfers his teaching hours to the returning teacher, he will retain the salary established during tariffication.
An absent teacher who, upon returning, will conduct training sessions according to his own schedule and according to the schedule of the teacher who replaced him during the period of absence, in addition to the salary established during the tariffication, must be paid hourly for the hours of classes given in excess of his teaching load established during the tariffication .
This replacement procedure makes it possible to make up for the missed program without overloading students.

II. COMBINATION OF PROFESSIONS (POSITIONS),
EXPANDING SERVICE AREA, INCREASING THE VOLUME OF WORK, PERFORMING THE DUTIES OF TEMPORARILY ABSENT EMPLOYEES
Such forms of labor organization as combining professions (positions), expanding service areas, increasing the volume of work, and fulfilling the duties of temporarily absent workers are regulated by federal legislation.
In accordance with Article 60² of the Labor Code of the Russian Federation, 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 an additional payment, the amount of which determined in the manner established by Article 151 of the Labor Code of the Russian Federation.
In this case, 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).
In cases where the specified work is performed due to the non-appearance of the replacement employee at the end of the shift and it is impossible to replace him with another employee, payment is made as for overtime work (Article 152 of the Labor Code of the Russian Federation).
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local normative act or an employment contract. At the request of the employee overtime work Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime.
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.
In accordance with Article 151 of the Labor Code of the Russian Federation, when combining professions (positions), expanding service areas, increasing the volume of work without exemption from work specified in the employment contract, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content and (or) volume additional work.
It should be noted that by Decree of the Government of the Russian Federation dated March 10, 2009 No. 216 (with amendments and additions) the Decree of the Council of Ministers of the USSR dated December 4, 1981 No. 1145 “On the procedure and conditions for combining professions (positions)” was declared invalid on the territory of the Russian Federation. "(SP USSR, 1982, No. 2, Art. 7), in accordance with which there were restrictions on the use of such forms of labor organization as combining professions (positions), expanding service areas, increasing the volume of work for the heads of organizations.
Currently, any employee with his consent, including the heads of organizations, can be assigned to perform additional work in a different or the same profession (position) for additional pay during the established duration of the working day (shift), along with the work specified in the employment contract.
Exceptions to this rule are still associated only with the prohibition for heads of state and municipal educational institutions in combining their positions with other leadership positions (except for scientific and scientific-methodological leadership) inside or outside educational institutions.
Differences in the use of forms of labor organization when part-time and when combining professions (positions), expanding service areas, increasing the volume of work
Due to the consonance of the concepts of “part-time” and “combination”, inaccuracies arise in the understanding and design of work in these two different types relations between employee and employer. The main characteristic differences between the conditions of part-time work and the order of combining professions (positions) are illustrated in the table below.

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