Home / Health/ Teacher, know your rights! The teaching load of teachers and the reasons for its change. Order on changing the teaching load of a teacher Reducing the teaching load during the school year

Teacher, know your rights! The teaching load of teachers and the reasons for its change. Order on changing the teaching load of a teacher Reducing the teaching load during the school year

Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 No. 1601 “On the duration of working hours (standard hours of teaching work per wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract”

I. General provisions
1.5. The volume of teaching workload of teaching staff (with the exception of teaching staff filling positions of teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of changes in the volume of teaching load of teaching staff specified in subclause 2.8.1 of Appendix No. 1 to this order, in the direction of its reduction associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (classes-sets).

IV. Determination of the teaching load of teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work for the wage rate of which is 720 hours per year, the grounds for its change
4.1. For teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the standard hours of educational (teaching) work for the salary rate of which is 720 hours per year, the volume of the annual teaching load is determined based on 10 academic months.
The teaching load is not planned on weekends and non-working holidays.
4.2. For teachers on annual basic extended paid leave and (or) annual additional paid leave after the start of the academic year, the teaching load is determined based on its volume for the full academic year with the subsequent application of the conditions for its reduction provided for in paragraph 4.4 of this Procedure.
4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.
4.4. In the event that the teaching load in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to being on an annual basic extended paid leave or on an annual additional paid leave, at training camps, on a business trip, due to temporary disability, a certain his annual teaching load is subject to reduction by 1/10 for each full month of absence from work and based on the number of missed working days for an incomplete month.
4.5. If the teacher actually performs educational (teaching) work on the day the certificate of incapacity is issued, on the day of departure on a business trip and on the day of return from a business trip, the teaching load is not reduced.
4.6. The average monthly salary is paid monthly, regardless of the volume of teaching load performed by teachers in each month of the academic year, as well as during the holiday period, which does not coincide with the annual main extended paid leave and the annual additional paid leave.
4.7. Teachers of organizations carrying out educational activities in educational programs of secondary vocational education, applying the norm of hours of educational (teaching) work of 720 hours per year at the wage rate, and for whom, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the teaching load, established at the beginning of the academic year, or reduced on the grounds provided for in paragraph 4.4 of this Procedure, until the end of the academic year, as well as during the holiday period that does not coincide with the annual main extended paid leave and annual additional paid leave, wages are paid in the amount established in the beginning of the school year.

Contact the management of the educational institution with a request to reduce the load.

The end of the school year in educational institutions is not only joy in anticipation of the upcoming vacation, but also possible conflicts due to the distribution of the teaching load for the next academic year. As a rule, teachers have questions when the number of teaching hours changes. Let's try to figure out what a teacher can count on when charging for the next academic year.

According to Art. 333 of the Labor Code of the Russian Federation, the procedure for determining the training load specified in the employment contract, as well as the grounds for changing it, are determined by the federal executive body authorized by the Government of the Russian Federation. In pursuance of this requirement of labor legislation, Order No. 1601 of the Ministry of Education and Science of Russia dated December 22, 2014 was issued “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff specified in the employment contract.” .

When charging for the new academic year, you must remember the following basic principles:

any changes in the teaching load are formalized in writing by additional agreements to the employment contract;
reducing the teaching load without the consent of the teacher is allowed only: a) when changing curricula and b) when reducing the number of students or classes;
in all other cases, changing the teaching load is allowed only by agreement of the parties to the employment contract;
For teachers for whom this educational institution is the main place of work and for whom the standard of 18 hours per week is established, the workload is maintained and continuity in the teaching of academic disciplines is ensured.

Let's consider typical situations that may arise when distributing the load for the new academic year.

Increasing load

An increase in the teaching load is possible only by agreement between the teacher and the administration. Situations where it is possible to increase the teaching load without the consent of the teacher on the initiative of the administration are not provided for in Order No. 1601. It must be drawn up in writing in the form of an additional agreement to the employment contract. At the same time, you need to soberly assess your strengths, because if it is necessary to reduce the workload, the consent of the employer will be required, since the agreement of the parties implies the consent of both parties to the employment contract.

At the same time, an arbitrary increase in the workload without the consent of the teacher is unacceptable, for example, in the event of the dismissal of another teacher and the need to redistribute the vacated hours.

Load reduction

As a general rule, reducing the workload for the new academic year is possible only by agreement of the parties. For teachers whose normal part of the workload is 18 hours per week and for whom this school is the main place of work, there is an additional guarantee of maintaining the volume of the workload and the continuity of teaching subjects.

There are two situations when reducing the load is possible without the consent of the teacher:

reduction of curriculum hours;
reduction in the number of students or classrooms.

The teacher must be notified of the upcoming reduction in the teaching load at least 2 months before the upcoming changes in writing, indicating the reasons that led to these changes. As mentioned above, there may be two reasons: a change in curriculum or a reduction in the number of classes. The fact that the administration hired a new teacher who needs to be given a teaching load is not one of the reasons why it is allowed to reduce the load of this teacher without his consent.

A situation is possible when a reduction in the workload of a specialist teacher is justified by the fact that part of the workload was allocated to him not according to the profile of the disciplines taught and a teacher with specialized education was hired for these subjects. For example, a teacher who graduated from a pedagogical university with a degree in biology teacher teaches biology and geography. The administration hires a new geography teacher and transfers geography hours to him under the pretext that the first teacher is a biology teacher with a diploma, not a geography teacher. This situation is a violation of labor laws.

Firstly, in accordance with the requirements of the Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761 n “On approval of the Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Education Workers,” the following qualification requirements are presented to the position of teacher: “higher vocational education or secondary vocational education in the field of training “Education and Pedagogy” or in a field corresponding to the subject being taught, without requirements for work experience, or higher vocational education or secondary vocational education and additional professional education in the field of activity in an educational institution without requirements for work experience" . That is, having a higher pedagogical education gives the right to teach any academic subject. The fact that a teacher “according to his diploma” studied to become a biology teacher does not mean that he does not meet the requirements for a geography teacher, since it is mandatory for a teacher to either have a pedagogical education (of any profile) or have a specialized education (in a subject), or any higher education with additional training in the profile of the subject being taught.

Secondly, as mentioned above, reducing the teaching load without the consent of the teacher is unacceptable. These actions of the employer are a violation of the Law and can be challenged.

Particular attention should be paid to the number of hours of teaching load that the teacher will receive after its reduction. If the number of hours is less than the standard rate, for example, 17 hours a week instead of 18 hours, then in this case work in the current academic year will not be included in the length of service giving the right to receive a long-service pension.

Teachers of grades 1-4, when transferring the teaching of a foreign language, physical education drawing or music to a specialist teacher, must be provided with additional workload by other types of pedagogical work (teaching in an extended day group, conducting clubs or electives, etc.). Other subjects, for example, labor lessons, can be transferred to other specialist teachers only with the consent of the teacher.

If, nevertheless, a decision is made to reduce the amount of the standardized part of the teacher’s workload due to changes in curriculum or the number of classes, then the school administration must fully follow the rules of Article 74 of the Labor Code of the Russian Federation. In addition to 2 months' advance written notice to the teacher of the upcoming reduction in the teaching load, it is necessary to obtain the teacher's written consent to continue working under the new conditions, and in case of refusal, offer another load available at the school. Violation of this procedure by the school administration can be appealed to the labor inspectorate or to court.

Failure to comply with the two-month notice period for load reduction

In this case, the administration will be obliged to pay the teacher for two months at the rate in effect at the time before notification. For example, the teacher was informed in writing that the workload would be reduced from 20 to 18 hours per week on August 28th. Thus, payment for the teacher’s work until October 28 will be based on 20 hours per week (although in fact he will work 18 hours per week). And only from October 29 it is possible to pay for labor at the new rate.

Distribution of the workload of a teacher on maternity leave

According to Order No. 1601, the workload of a teacher on parental leave before the age of three is determined according to general rules and then distributed among other teaching staff. Therefore, when a teacher returns from parental leave, he must retain his workload to the extent that it was at the time he went on leave.

Thus, current legislation protects teachers from arbitrary changes in the teaching load for the new academic year by the administration of an educational institution. Any changes must be made with the consent of the teacher. Situations where load changes are permissible at the initiative of the administration are limited and the procedure for their application is strictly regulated.

27.01.2011

V. Lukhovitsky

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

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

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

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

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

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

Redistribution of hours between teachers.

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

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

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

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

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

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

Review of legislation

Study load volume

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

When concluding an employment contract, the teacher undertakes to work with the agreed volume of teaching load, and the employer, for the entire duration of the employment contract, is obliged to provide the teacher with the volume of teaching load stipulated in it.

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

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

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

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

Changing the study load

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

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

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

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

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

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

Temporary increase in load

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

to fulfill the teaching load of teachers on parental leave;

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

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

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

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

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

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

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

The following guarantees are established for teachers:

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

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

teachers of grades 1-4 in rural general education institutions with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons;

Russian language teachers in rural primary secondary schools with non-Russian language of instruction;

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

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

The administration is obliged to supplement such teachers with other teaching work up to the established standard hours. This may include working in an after-school group, conducting clubs and electives, individual lessons at home, replacing absent teachers, performing part or full work on classroom management, checking written work, extracurricular work and other pedagogical work.

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

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

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

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

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

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

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

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

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

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

Major violations by employers

1. Unreasonable redistribution of teaching load between teachers.

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

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

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

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

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

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

Methods of protection

1. Prevention of violations.

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

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

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

2. Psychological preparation.

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

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

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

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

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

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

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

3. Protection - individual and collective.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I ask you to take prosecutorial response measures.

signature date.

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

from full name

m\living

teachers of school no.... G…..

Statement

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

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

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

signature date.

Clause 6 Art. 55Law “On Education”, Part 2 of Art. 333 Labor Code of the Russian Federation

Decree of the Government of the Russian Federation of March 19, 2001 N 196

Art. 74 TR CF, see chapter “Employment contract”

The most famous are strikes in Astrakhan and Ulyanovsk, protests in Bratsk and the Altai Republic.

If in the middle of the school year the school administration changes the teaching load of a teacher due to changes in the staffing table: is it necessary to notify this employee 2 months in advance about this? How to correctly write the text of the order to change the teaching load in this case?

The workload of a teaching worker is one of the conditions of the employment contract concluded with him. As interdependent with the concept of workload, we can distinguish the conditions regarding the working regime and its payment. When the teaching load changes, the teacher’s work schedule and the conditions for remuneration for his work also change.

Changing the teacher's workload

Main tabs

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

Mandatory consent is required only when the load increases. This is indicated in clause 1.7 of the Procedure for determining the teaching load, approved by Order of the Ministry of Education and Science of the Russian Federation No. 1601 dated December 22, 2014. This paragraph establishes: “a temporary or permanent change (increase or decrease) in the volume of teaching workload of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changes in the volume of teaching load of teaching staff workers in the direction of its reduction.”

When the teaching load is reduced, it is not necessary to obtain the consent of the teacher, however, the employer is obliged to notify him no later than two months before the actual reduction of the load (clause 1.8 of the Procedure).

Thus, a senior teacher at the institute filed a lawsuit for restoration of violated labor rights, compensation for moral damage and payment of wages. The demands are motivated by the fact that she was not paid for the processing of the completed teaching load. In addition, the employer unilaterally changed the audit workload standards based on an order that the plaintiff was not familiar with. The employer also did not notify her in writing.

The court's decision is motivated as follows. Changing the teaching load is not a significant change in working conditions and is allowed without the consent of the employee, since the volume of the load is reduced. At the same time, the employer was obliged to notify the employee of changes in working conditions established by the employment contract at least 2 months in advance.

At the same time, courts sometimes take the side of the teacher and are guided not only by the above-mentioned Procedure, which does not oblige obtaining consent when reducing the workload.

Thus, in the process of restoring the teaching load, which had been reduced without the consent of the physical education teacher, the court relied exclusively on the Labor Code. When considering the case, the court concluded that the teaching load standards underlie the remuneration of a teacher, therefore, changing the terms of the employment contract in this part is possible only with the consent of both parties to the contract.

By the decision of the Novgorod District Court of the Novgorod Region dated February 17, 2016. in case No. 2-559/16, actions to reduce the teaching load were declared illegal, the administration of the technical school was ordered to restore the previous load, as well as pay under-accrued and unpaid wages and compensation for moral damage.

There are often situations when a teacher expresses his disagreement with a change in the teaching load, but the school administration changes it anyway. In such cases, the court always takes the side of the teacher.

Thus, after receiving group 3 disability, the deputy director of the school for teaching and educational work, who combines this position with the position of “teacher,” had her teaching load changed without her consent. When reading the order to change the teaching load, disagreement was expressed, and the additional agreement to the employment contract was also not signed. When issuing the order and drawing up the additional agreement, the employer referred to the recommendations of the individual rehabilitation program, but it does not imply the impossibility of working at the same level. To protect her rights, the citizen went to court.

By the decision of the Shakhtinsky City Court of the Rostov Region dated September 5, 2013. in case No. 2-2769/2013, the school director’s order to change the teaching load was declared illegal and canceled, since it was issued without the consent of the employee himself.

A history teacher went to court to appeal the reduction of teaching load without his consent. The school administration changed the teaching load due to another history teacher returning from maternity leave.

The court motivated its decision by the fact that another employee’s return from vacation does not confirm the presence of changes in organizational working conditions, which would be the basis for the employer to change the terms of the employment contract determined by the parties.

Sometimes the school administration motivates a change in a teacher’s teaching load with objective reasons independent of its actions. Such situations are always considered individually, and specific arguments are evaluated.

For example, a teacher of Russian language and literature filed a lawsuit to declare the dismissal order illegal, to reinstate him at work, to collect wages for the period of forced absence, and to compensate for moral damages.

The demands were motivated by the fact that the school administration sent him a notice of a change in the teaching load and formalized this fact in an additional agreement to the employment contract. The notice also contained information that in case of disagreement with the change in the terms of the employment contract, it will be terminated. The plaintiff expressed his disagreement, as a result of which the employment contract was terminated at the initiative of the employer.

During the consideration of the case, the court concluded that the volume of the plaintiff’s teaching load was reduced due to the school’s transition to single-shift teaching of grades 5-11, as well as the distribution of teaching load hours among three positions of teachers of Russian language and literature with the actual occupation of these positions by teachers. Thus, the employer’s proposal to reduce the teaching load was due to objective reasons, changes in organizational working conditions and the impossibility of maintaining the previous terms of the employment contract, and in itself does not indicate a violation of the employee’s rights. In addition, the plaintiff was notified in advance and properly about the upcoming change in organizational working conditions. Since the plaintiff did not agree to work under the changed conditions, the employer rightfully issued a dismissal order.

The opposite situations also occur. A biology teacher filed a lawsuit demanding that the school director’s order “on tariffs” be declared illegal in terms of reducing the plaintiff’s teaching load. The claim is motivated by the fact that the plaintiff was notified of a reduction in biology hours to 5 hours and an offer of 14 hours of home-based biology classes. At the same time, the plaintiff's biology hours were redistributed to other teachers. The school administration justified its actions by reducing subject hours and tariffs. The notice to reduce the teaching load was sent after the actual reduction of the plaintiff’s load; consent to change the load was not received.

By the decision of the Shebalinsky District Court of the Altai Republic dated January 25, 2016. in case No. 2-3/2016, the order on “tariffication” was declared illegal in the contested part, the school was entrusted with the obligation to restore the violated right of the plaintiff in full.

Resolving the dispute, the court came to the following conclusions. According to the court, the head of the school does not have the right to arbitrarily, in violation of the principle of continuity of teaching subjects in classes, redistribute the teaching load between teachers in the absence of objective reasons. It also does not have the right to reduce a teacher’s teaching load while simultaneously increasing the load of other teachers, especially when releasing a certain amount of teaching load in a subject due to the dismissal of one of the teachers. In addition, the court emphasized that the collective agreement directly establishes agreement with the trade union committee on the order to establish the volume of the teaching load, evidence of which was not presented.

Civil initiative

For free education and medicine

New order of the Ministry of Education on the workload of teachers. Lawyer's comment

March 10 The order of the Ministry of Education and Science of the Russian Federation No. 1601 “On the duration of working hours (standard hours of teaching work per wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract, came into force.” (Text is attached to the article). A previously valid similar order (No. 2075 dated December 24, 2010) has lost its force. We are publishing a commentary on the document prepared by the legal service of the independent trade union of education workers of Cherepovets.

The new regulatory act has a number of fundamental differences from the previous order.

The difference, which is already in the name, speaks about the procedure for determining the teaching load of teaching staff, stipulated in the employment contract. This means that the teaching load must be clearly stated in the employee’s employment contract.

Pay attention to Appendix No. 2 “The procedure for determining the teaching load of teaching staff specified in the employment contract.”

In the previous order there was no such application.

Now the volume of the teaching load at the beginning of the school year is determined here.

Clause 1.1: “The procedure for determining the teaching load of teaching staff stipulated in the employment contract (hereinafter referred to as the Procedure) determines the rules for determining the teaching load of teaching staff stipulated in the employment contract, the grounds for changing it, cases of establishing the upper limit of teaching load depending on the position and (or) specialties of teaching staff, taking into account the characteristics of their work.” And in clause 1.4 we read: “The volume of teaching load established for a teaching worker is stipulated in the employment contract concluded by the teaching worker with the organization carrying out educational activities.”

Important! If the teacher’s teaching load changes next year, then there must be an additional agreement to the employment contract on changing the teaching load, and, accordingly, it can be changed if the number of hours according to the curriculum has changed.

Please note clause 1.6, which states that the amount of teaching load established in the current academic year cannot be changed at the initiative of the employer for the next academic year.

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

Point 1.7 is important, which states: “A temporary or permanent change (increase or decrease) in the volume of the teaching load of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract, concluded in writing, with the exception of changes in the volume of teaching load of teaching staff towards it reduction provided for in paragraphs 1.5 and 1.6 of this Procedure". That is, unilaterally, for example, on the initiative of the head, the teaching load cannot be reduced.

Also in paragraph 1.9 states that “local regulations of organizations carrying out educational activities on the issues of determining the teaching load of teaching staff carrying out educational (teaching) work, and its changes are adopted taking into account the opinion of the elected body of the primary trade union organization or another representative body of workers (if there is such a representative body).”

The previous order did not stipulate such participation of trade unions, but now it does.

Point 2.3 is important: « When determining the teaching load for the new academic year, teachers and lecturers for whom the organization carrying out educational activities is the main place of work, its volume is maintained and continuity of teaching academic subjects is ensured...” The words “as a rule” were removed from this clause, and it became mandatory.

Much attention is paid to determining the teaching load of teachers of secondary and higher vocational education and additional education. In principle, everything that was in the old order remains here.

Another innovation, which was not in the order before. Position V speaks about “the peculiarities of determining the teaching load of teaching staff who are on parental leave until the child reaches the age of three, as well as to persons filling the positions of teaching staff for a certain period of time, part-time, or performing other work along with the work specified in the employment contract” . This provision clearly states what workload is established and how it is then distributed among other teachers. Previously, in the previous order, this was not the case, and all the features were prescribed in separate local acts and in standard provisions.

In Section VI talks about determining the teaching load of teaching staff classified as teaching staff, and the grounds for changing it. And in the last one, seventh position We are talking about establishing an upper limit for the teaching load of teaching staff. General educational organizations are not mentioned here, only institutions of higher and secondary vocational education. A new point is the determination of the upper limit of the teaching load for the teaching staff. It is established in a volume not exceeding 900 hours per academic year. Less is possible, higher is not possible.

As for the hourly workload, basically the norms remained the same, as in the previous order, with the exception of the norm of hours for teachers of children's art schools and children's music schools (a single norm has now been established for them - 18 hours!).

Two new positions have also appeared - teacher-librarian and tutor, which determines the standard hours per rate, this was not previously determined. Now it is clear: the working hours are 36 hours per week of teaching work, and this category includes teacher-librarians and tutors.

Be careful and use this order to your advantage.

260 comments

Tell me what to do in a situation where the employment contract only states that the employee is assigned a workload of at least 18 hours (hourly schedule, no salary). And in the employment agreement on changing the terms of the contract, the validity period is indicated. For example, the load is set to 27 hours from 09/01/2013 to 08/31/2014. Thus, the employer avoids the obligation to maintain the workload of 27 hours for the next year, wants to reduce it, hire another teacher, etc.

Most likely, you were given 27 hours for a year - more than 1 rate. And what will happen next year is unknown.

Hello! I work at a college. In 2014, one of my colleagues went on maternity leave. Another teacher was hired in her place, with whom an indefinite contract was concluded. On September 1, the colleague returns from maternity leave, but the teacher who replaced her also remains. Therefore, the workload of all teachers of this academic discipline is significantly reduced (to one rate). Employment contracts were concluded in the organization in 2009 without specifying the number of hours. Is it possible to challenge the administration's decision or is it legal?

It is unlikely that anything can be disputed here. A whole bet on a brother is nothing. It could be worse.

Hello! I work at a boarding school. A new director arrived in the spring. I did not pay the class management for June and August. We turned to him with a question. He said we are not working with children at this time. A group of teachers had to contact GORONO with a letter. Retrospectively, after 3 months, the director paid the class management for both months (without recalculation to vacation pay). Now he summons the signatories to his office and threatens them with dismissal and “repression.” How to proceed?

Create a trade union independent from the director. Director for threats on the carpet to the prosecutor's office. Bring the issue of dismissal of class teachers to parent meetings. Parents usually support the class teachers. Let the director explain to the mothers to their faces why he wants to fire their children’s main teacher.

If a teacher is ready to work with a workload of more than 2 times, 36 hours, you can conclude a part-time employment contract with him. Outside the main working hours, the employee has the right to carry out labor activities. Just don’t forget that in the working time sheet, an application, an order for leave, etc. is entered as a teacher and as a part-time teacher. similar. Naturally, everywhere according to all orders in angiology.

Can a Children's Art School teacher have a ped. workload higher than 2 rates (i.e. more than 36 hours per week)? We have a rural school, there are not many teachers, everyone is ready to work more than 36 hours. there are good results, we are meeting the wage fund, even with savings, but the cultural department is demanding a reduction in teaching. the load is up to 36 hours, although there is no order about this. What to do?

Please tell me, I have a workload of 2 rates, during my non-working hours I am forced by order to attend unplanned and non-school concerts. The director explains that I only have non-working hours on Sundays, because... We have a six-day work week, although according to the schedule I do not work either on Friday or Saturday, and there is also a threat of dismissal if I do not come to an event that has nothing to do with the work of the children's school. Am I required to attend unscheduled events outside of school when I don't have classes? I attend all events and concerts that are included in the school plan.

Your director is violating labor laws. He may ask you for overtime, but not order it. It's up to you to agree or not. And overtime must be paid double.

In our school, they don’t pay a teacher per category, or rather, they pay everyone the same, even though you’ve been working for 30 years, or 2 years, whether you have the highest category or compliance, everyone pays the same. Is this legal?

Illegal. A premium must be paid separately for the category. Let it be 100 rubles, but this amount should be reflected in the salary. The same applies to bonuses for length of service. However, from the experience of complaints to our organization, I know that they often pay one thing: either for category or for experience. You need to make a formal request to the school principal and the education department. Send us their response and we can give you advice on how to achieve payments.

They refer to Order No. 40 of the Ministry of Education of Moscow orally there is a formula for paying a teacher per student per hour and no additional payment for category and experience.

Elena, verbally it means nothing. Get an official written response from them. Or refusal of such an answer. Then file a complaint with the prosecutor's office.

Hello, if I have 3 people in my group, can the director fire me because I can’t recruit children? During working hours I am present at work but there are no children, what should I do?

and we are also not paid extra, and many for combining English language groups when the second teacher is on sick leave, they say you are still working your time, but they are paid per student hour

Good afternoon Please tell me, can a college teacher have a teaching load of more than 36 hours a week? If, referring to the Labor Code of the Russian Federation, Art. 333 the maximum study load should be no more than 36 hours per week. But according to Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 N 1601, the teaching load of a College teacher does not consist of a weekly load, but of a rate, that is, no more than 1440 hours per year.

The Labor Code is higher than departmental orders. If the college administration does not follow the 36 hour rule, then it is illegal.

Hello! I work as an additional education teacher in two places. At the main job, 1.5 rates (internal part-time), and at additional work, 0.5 rates. The total load exceeds 2 rates. Contributions to the Pension Fund are made in accordance with the law. Can the Pension Fund refuse me anything or limit the accounting of my salary when calculating my pension on the basis that I have exceeded the maximum permissible workload of a teacher? Answer me please.

Hello! I am a VET teacher, do I have to be at work 36 hours a week? Or when I’ve finished my watch, can I go home?
thanks for the answer.

Your working hours according to
schedule of your training sessions. There is no concept of an irregular part of the working day in labor legislation. Therefore, they cannot force you to work after school, since there is no norm to artificially increase your working time.

Hello! I work as a music director in an educational complex in a preschool department. Until February 15, I had a workload of 1 rate, that is, 4 groups. In February, another group opened, but they refuse to pay me for it, because... it is supposedly included in my main rate. I referred to the law “On the duration of working hours ...” dated December 24, 2010, number 2075, to which I received the answer that the school itself determines what and how to pay. I have not yet been paid for the title “Honorary” general education worker"Are the school's actions legal?

Good afternoon In order to answer your question, you must first determine the legal status of your school and look at its charter. Write to me and let me know which school you are talking about. Our correspondence will remain confidential.

Hello! I work as an additional education teacher. Tell me, do I have the right to 36 teaching hours per week and on the basis of what law, if so? Thank you!

According to the order of the Ministry of Education No. 1601, the standard teaching hours for the post of additional education teacher is 18 hours. The order generally provides guarantees against reducing the workload below 18 hours for a full-time teacher. As for an increase to 36 hours, that is, work at double rate, then you need to look at the specifics of your institution. Write to me for more details at Link to order http://rg.ru/2015/03/11/chasy-dok.html

Hello! All PDOs of our center are required to dial the rate at 27 hours, citing some order from our district that no one has seen. Is this legal and where should I go to find out the circumstances? Thank you!

Good afternoon Explain, are you being forced to dial in hours beyond the 18:00 rate or, conversely, are you cutting your hours to 27?

Hello. The head of a department in a professional educational organization (college) conducts the teaching load on an internal part-time basis (no more than 360 hours per academic year). The administration planned his teaching load for the 2016-2017 academic year in a smaller volume than in the 2015-2016 academic year, citing the fact that the teaching load should first of all be provided to full-time teachers. Is the administration right? What regulatory document can you rely on?

Hello! I am an SPO (college) employee. At a recent meeting, all employees were informed that, in connection with new changes in the professional standard, classroom management will be mandatory for a secondary vocational teacher as of July 1, 2016. I would like to know whether there really is such a change in the professional standard, whether it is legal to impose supervision on an employee and do I have the right to refuse class management within the framework of current legislation?

Hello! I am an open source teacher. This school year I did a “re-reading”, i.e. I gave out more than 1440 hours. I was not paid for the exams, they say that they will pay me with incentives in September. In addition, they said that vacation pay will be calculated based on 1440 hours, and the rest is not included. They don't offer me an additional deal. agreement for a larger number of hours. The tariff does not include consultations and does not pay for them in any way, exams, or methodological guidance. Please tell me what our administration is violating and what I should do in this situation.

Hello! I am a school teacher. Subject - chemistry (middle and high school). The contract was drawn up for a workload of 18 hours. This year the load is 23 hours according to an additional agreement, i.e. 5 hours extra Next year they are trying to convince you to sign a preliminary load of 18 hours, but 4 hours of them are with home-schooled students. Is this legal? After all, “individuals” can leave school during the year and then the load decreases. Do they have the right to fire a teacher if they disagree?

Hello! I work as a primary school teacher using adapted programs; in the past academic year I had a workload of 18 teaching hours and 0.5 times the salary of a general education teacher. Yesterday, the school director gathered the teaching staff and informed everyone (against signature, orally) about the changes for the next academic year, which were prepared by the Ministry of Science and Education of the Republic of Khakassia. The essence of the changes is as follows: there may or may not be an incentive payment fund; the maximum teaching load should not exceed 22 hours; and internal part-time work is prohibited. Thus, many teachers, incl. and I remain only with a load of 18 hours, i.e. bet and that's it. Is this decision legal? I’m outraged by the uncertainty with incentive payments, and they won’t give me a part-time job, so how can I survive?

The decision is legal. If you want to achieve an increase in wages, then you need to create a trade union and enter into a collective labor dispute with the employer.

A trade union, that is, there is no result from the work of trade unions. Even the high-profile situation in the republic in the winter regarding the abolition of incentive payments was beyond the capabilities of the trade unions, and now they will even be unable to influence anything.

Do changes in a teacher’s workload need to be documented in an additional agreement?

How often can additional agreements be concluded with teachers in connection with changes in their workload: is it necessary to conclude an additional agreement for each change, or is it possible to simply carry out changes without concluding an additional agreement with school orders “On changes in workload”? The problem is that a teacher’s workload may change every month.

According to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

The Labor Code of the Russian Federation does not establish restrictions on the number of additional agreements concluded.

Order on the workload of teaching staff Sample

Setting the teaching load

Is it necessary to indicate the amount of teaching workload of a teaching worker in an employment contract with him or her? Does the head of an educational institution have the right to change the volume of his teaching load without the employee’s consent?

Yes, stipulating the scope of the teaching load (teaching work) in the employment contract is a mandatory condition for its conclusion. In this case, the employee assumes the obligation to work with the agreed volume, and the employer is obliged to provide him with this volume for the entire duration of the employment contract.

If for some reason the employment contract is not drawn up in writing or it does not indicate the volume of teaching load (teaching work), then it is considered that the teacher or educator works with the volume established by the order of the head of the school or kindergarten when they were hired. work.

The volume of teaching load (teaching work) is established based on the number of hours in the curriculum and programs, the availability of staff at the educational institution and other working conditions. According to established practice, it is determined with the following frequency:

For teachers of evening (shift) secondary schools (classes) with full-time and correspondence courses, correspondence schools, as well as teachers teaching children undergoing long-term treatment in a hospital - twice a year before the start of the first and second half-years.
For teachers of other general education institutions - once a year before the start of the school year. Moreover, depending on the number of hours provided for by the curriculum, the teaching load may be different in the first and second academic semesters.

The teaching load (teaching work), the volume of which is more or less than the standard hours for the wage rate, is established only with the written consent of the employee.

The amount of academic workload established at the beginning of the academic year cannot be reduced at the initiative of the employer during the academic year, as well as when distributing it to the next academic year, except in cases of reducing the number of hours in the curriculum and programs, or reducing the number of classes.

For teachers for whom school is their main place of work, when distributing the teaching load, as a rule, continuity of teaching subjects in classes is maintained. For this purpose, graduate teachers are given a teaching load in classes where the study of this subject begins for the first time.

Hiring other teachers or providing the teaching load to persons who will carry it out in addition to their main work cannot serve as a basis for redistributing the teaching load of teachers of an educational institution.

The volume of educational (teaching) workload of employees is the basis for determining the amount of remuneration for their labor. Therefore, its distribution for the new academic year is fixed in the local regulatory act of the educational institution (order or regulation), adopted taking into account the opinion of the elected body of the primary trade union organization. This opinion is taken into account in the following order:

The employer, in cases provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, before making a decision, sends a draft local regulatory act and the rationale for it to the elected body of the primary trade union organization, representing the interests of all or the majority of employees.
The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.
If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may, within three days after receiving the reasoned opinion, conduct additional consultations with the elected body of the primary trade union organization in order to achieve a mutually acceptable solution.
If no agreement is reached on any issue, disagreements are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate the procedure for a collective labor dispute in the manner established by labor legislation.
The State Labor Inspectorate, upon receipt of a complaint (application) from the elected body of the primary trade union organization, is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is detected, issue the employer an order to cancel the specified local normative act, which is mandatory for execution.

During the academic year, the volume of the educational (teaching) load or the nature of the work may change by mutual agreement of the parties. Changes are formalized by order of the head of the educational institution.

The maximum volume of teaching load for school teachers (except for cases of their part-time work in other educational institutions) is not provided for by the legislation of the Russian Federation.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 333, 372
Law of the Russian Federation “On Education” dated July 10, 1992 No. 3266-1 (as amended on June 17, 2010). Clause 6 Art. 55
Decree of the Government of the Russian Federation of 04/03/2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff of educational institutions”
Model regulations on a general education institution, approved. Decree of the Government of the Russian Federation dated March 19, 2001 No. 196 (as amended on March 10, 2009). P. 66

Does the law provide any guarantees for teachers who cannot be provided with a full teaching load?

Yes, teachers who cannot be provided with a full teaching load are guaranteed payment of the full salary rate, provided that they are supplemented with other teaching work to the established standard. This guarantee is provided:

Teachers of grades 1-4 when transferring the teaching of foreign language lessons, music, fine arts and physical education to specialist teachers.
Teachers of grades 1-4 in rural schools with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons.
Russian language teachers in rural primary secondary schools with non-Russian language of instruction.
Physical education teachers of rural schools, foreign language teachers of schools located in the villages of logging and floating enterprises and chemical forestry enterprises.

If the transfer of curriculum hours for classes in grades 1-4 in music, fine arts or physical education has resulted in a reduction in teachers' teaching load, and the remaining teaching load is less than 20 hours per week, then these teachers must be paid a salary in an amount not lower than the monthly wage rate, provided that they are supplemented with other teaching work to the established standard hours. Here is a possible wording of the corresponding order from the head of an educational institution.

In accordance with the Decree of the Government of the Russian Federation dated 04/03/2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff”

Transfer the teaching of physical education lessons in grade 2 “B” for 2 hours a week to teacher V.A. Petrov with his consent.
Add additional workload to teacher of class 2 “B” N.S. Ivanov in return for the physical education lessons transferred to teacher V.A. Petrov with pedagogical work on conducting individual lessons at home with a student of class 2 “B” Alexei Mikhailov in the amount of 2 hours per week while maintaining payment of the salary rate in full.
For hours of teaching work on individual training at home, produce N.S. Ivanova’s salary increased by 20%.

If the educational institution has not created the necessary material base for teaching music, fine arts or physical education by specialist teachers or there are no such teachers, as well as in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, incl. . with appropriate additional payment for teaching work exceeding 20 hours per week.

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

The legislation also provides guarantees for teachers whose teaching load is reduced during the school year for reasons beyond their control. In this case, until the end of the academic year they are paid wages:

For the actual number of hours worked, if the remaining load is higher than the established rate.
In the amount of the rate, if the remaining load is below the established norm for the rate (if it is impossible to additionally load them with other teaching work).
In the amount established before the reduction of the teaching load, if it was initially below the standard rate (if it is impossible to additionally load them with other teaching work).

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

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On what basis can the school principal reduce half the teaching load for the next year? Is it legal for an employee to simultaneously work in two positions in one school (without part-time work)?

List of covered issues

Question 1.
On what basis can the school principal reduce half the teaching load for the next year?
Question 2.
Is it legal for an employee to simultaneously work in two positions in one school (without part-time work)?

Answer to question 1:
The main provisions defining the procedure for distributing the teaching load of teachers and cases when the teaching load can be reduced at the initiative of the employer without the consent of the teacher are provided for in paragraph 66 of the Model Regulations on a General Educational Institution, approved by Decree of the Government of the Russian Federation of March 19, 2001 N 196 “On Approval standard regulations on a general education institution.
According to this document, the volume of teaching load for teachers is established based on the number of hours in the curriculum and training programs, staffing levels and other working conditions in a given educational institution. The training load, the volume of which is more or less than the standard hours for the wage rate, is established only with the consent of the employee.
The volume of the teaching load established at the beginning of the academic year cannot be reduced during the academic year at the initiative of the administration (employer), with the exception of cases of reducing the number of hours in the curriculum and training programs, or reducing the number of classes. When setting the teaching load for the new academic year, teachers for whom this general education institution is the place of their main work, as a rule, maintain its volume and continuity of subjects in classes. The workload established in the current academic year for the next academic year can be reduced at the initiative of the administration (employer), also only on grounds related to a reduction in the number of hours in the curriculum and training programs, as well as a reduction in the number of classes.
The teaching load for the new academic year is established by the head of the educational institution in agreement with the trade union body (and not just with the chairman of the trade union organization) before the end of the school year and the workers go on vacation in order to determine in which classes and with what teaching load they will work in the new academic year. In this case, the above rules and principles of distribution of the teaching load provided for in paragraph 66 of the standard regulations must be observed. The volume of each teacher's teaching load when calculating teachers at the beginning of a new school year is established by order of the head of the educational institution, also in agreement with the trade union body. The agreement by the trade union committee on the specific volume of the teaching load is again documented in a protocol. The law stipulates that the scope of the teaching load is specified in the employment contract. This means that when concluding an employment contract, the employee undertakes to work with the agreed volume of teaching load, and the employer (for the entire duration of the employment contract) is obliged to provide the teacher with the volume of teaching load stipulated in the contract.
In accordance with the law, changes can be made to an employment contract without the consent of the employee (including those relating to the volume of the teaching load) only for reasons related to changes in organizational or technological working conditions. Such changes in educational institutions are a reduction in the number of hours according to curricula and training programs or a reduction in the number of classes, which entail a change in the teaching load, and, consequently, the amount of remuneration.

Conclusion: the school administration can reduce the teaching load only with the consent of the employee. In your case, in clause 11 of the Employment contract, remuneration is made at a rate corresponding to the highest qualification category of the unified wage scale. The employer could reduce the teaching load only with the written consent of the employee (executed by an order with familiarization against signature by the employee, or by changing the terms of the employment contract). In exceptional cases, a reduction may be made due to a decrease in the number of hours in the curriculum and curriculum or a reduction in the number of classes.

Answer to question 2.
This legal relationship is regulated by Article 60.2 of the Labor Code of the Russian Federation:
“Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Performing the duties of a temporarily absent employee without release from work specified in the employment contract
With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

Conclusion: combination of professions (positions) can only take place with the written consent of the employee and, what is important, additional work assigned to the employee in another profession (position) during the established duration of the working day (shift) along with the work specified in the employment contract (difference from part-time work in that the work in a dual position is performed by the employee in his free time from his main job). Combination of professions, as a general rule, is formalized by an order with signature by the employee, or by changing the terms of the employment contract, which stipulates the conditions for combining professions.

Teacher, know your rights! The teaching load of teachers and the reasons for its change. Order on changing the teaching load of a teacher Reducing the teaching load during the school year

Increasing load

Load reduction

Failure to comply with the two-month notice period for load reduction

Distribution of the workload of a teacher on maternity leave

Read more about the peculiarities of teachers’ work here:

Popular questions

Changing the teacher's workload

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Civil initiative

For free education and medicine

260 comments

Do changes in a teacher’s workload need to be documented in an additional agreement?

Read more about the additional agreement for teachers here:

Order on the workload of teaching staff Sample

Setting the teaching load

Teacher, know your rights! The teaching load of teachers and the reasons for its change. Order on changing the teaching load of a teacher Reducing the teaching load during the school year

Increasing load

Load reduction

Failure to comply with the two-month notice period for load reduction

Distribution of the workload of a teacher on maternity leave

Read more about the peculiarities of teachers’ work here:

Popular questions

Changing the teacher's workload

Main tabs

Civil initiative

For free education and medicine

260 comments

Do changes in a teacher’s workload need to be documented in an additional agreement?

Read more about the additional agreement for teachers here:

Order on the workload of teaching staff Sample

Setting the teaching load

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