Features of part-time work for teachers. Features of the work of part-time teachers Can a teacher be an internal part-time teacher

The work of teachers has its own characteristics. This fully applies to part-time work. However, it is not easy to compare the norms of legislation with practice - it is silent about some aspects. Let us consider several typical questions that arise when a teacher works with an additional workload.

Separate agreement: to draw up or not

By virtue of h. 1 Article. 333 of the Labor Code of the Russian Federation for teachers, a reduced working time is established - no more than 36 hours per week. According to part 2 of this article, the teaching load of a pedagogical worker, stipulated in an employment contract, may be limited by the upper limit in cases provided for by the model regulation on an educational institution.
Like any other employees, teachers have the right to work part-time, i.e. perform other regular paid work with the same or another employer in their free time from their main job. In this case, employment contracts are concluded with the employee on internal or external part-time employment.

Attention! Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 (hereinafter - Decree N 41) establishes the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers. The performance by pedagogical workers of certain types of work listed in paragraph 2 of Resolution N 41 is not considered part-time work and does not require the conclusion of a separate employment contract.

Not a combination:
- pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year (clauses "c", clause 2 of Resolution No. 41);
- pedagogical work in the same primary or secondary institution vocational education, in a preschool educational institution, in an educational institution of general education, an institution additional education children and other children's institution with additional payment (paragraphs "e" of paragraph 2 of Resolution No. 41);
- work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as concertmasters, accompanists for the training of artists (clause "h" clause 2 of Resolution N 41).
The performance of such work is allowed during the main working hours with the consent of the employer in the same institution where employees work at their main place of work, without registration internal combination. The employer independently determines the types and scope of work that, without prejudice to the main work, can be performed by one or another employee.
Clause 3 of the Appendix to the Order of the Ministry of Education and Science of Russia of December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers" establishes that for educators in preschool educational institutions the norm of hours of pedagogical work for the salary rate is 36 hours in Week.
In accordance with the provisions of Art. Art. 92, 333 of the Labor Code of the Russian Federation, this means that for educators the norm of hours of pedagogical work per week is equal to the maximum working hours of pedagogical workers for the same time. If a preschool teacher works more than 36 hours a week, he works outside of his working hours. Decree N 41 does not specify how, in this case, to formalize the performance of such work, because, according to the meaning of paragraph 2, the work listed in it is performed by the employee during the main working hours.
Guided by the general rules established by the Labor Code of the Russian Federation, the performance by a teacher of a preschool educational institution of work in the same position in the same institution in excess of 36 hours is possible on the basis of an employment contract for work on an internal part-time basis (Decision of the Supreme Court of the Russian Federation of December 21, 2006 N GKPI06-1518) .
If the parties decide to formalize the work in this way, they must take into account that the duration of the work of a part-time educator cannot exceed 18 hours a week (paragraph "b", paragraph 1 of Resolution N 41).

Example 1. The teacher wants to have a total workload of 72 hours a week, of which 36 hours at the main place of work. With him, you can draw up an employment contract at the main place of work and two employment contracts on internal part-time work, the duration of work for each of which is 18 hours a week.

Pedagogical workers are not prohibited from engaging in pedagogical activities with another employer outside of regular working hours. These relations can be formalized by an employment contract on work on the terms of external part-time employment.

Example 2. The music director at the main job has half monthly rate working time is 12 hours per week. The duration of his working time on an external part-time job in the same position cannot exceed 16 hours of work per week (paragraph "b" of paragraph 1 of Resolution No. 41).
By virtue of par. "c" clause 2 of Resolution N 41, the performance by a teacher of additional work with hourly pay in the amount of up to 300 hours per year does not require the conclusion of an employment contract. However, performing additional work during regular working hours, but not with your employer, does not fall under any of the definitions of labor law.
The performance of such work in an institution that is not the main place of work for the music director can be formalized by concluding a civil law contract (for example, for the provision of services). Limitations on the length of working hours established by labor legislation do not apply in this case.

Hourly rate: 300 or 240

As already mentioned, according to Decree N 41, pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year is not part-time work. However, there is an earlier document - the Regulation on the conditions of part-time work, approved by the Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the All-Union Central Council of Trade Unions of March 9, 1989 N 81 / 604-K-3 / 6-84 (hereinafter - Regulation N 81 / 604-K-3 /6-84), which contains a different norm - no more than 240 hours per year. To date, this document has not been canceled and formally continues to operate in the part that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation).
The question arises, what norm should be followed when paying for pedagogical work when applying hourly wages and what year is meant - calendar (financial), academic or year from the moment of permission for additional work.
The effect of Regulation N 81/604-K-3/6-84 regarding the features of part-time work of teaching staff is doubtful, because by virtue of Art. 282 of the Labor Code of the Russian Federation, these features must be established in the manner determined by the Government of the Russian Federation. In addition, these issues are regulated by a later normative act - Decree N 41.

Attention! In pp. "in" paragraph 2 of Decree N 41 does not mention the academic or working years. It is more logical to determine the load within the limited scope of pedagogical work with hourly pay per year, the countdown of which starts from the day determined by the parties, or from the day when the employer agreed to the performance of such work by the pedagogical worker.

According to the general rules established by Part 3 of Art. 14 of the Labor Code of the Russian Federation, terms calculated in years, months, weeks expire on the corresponding date last year, month or week. Thus, a one-year period must end on the day preceding the day on which the next year begins.
For example, a teacher is allowed to work additional hours at an hourly rate from September 2, 2013. This means that they must work no more than 300 hours through September 1, 2014.

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

a) these categories of employees have the right to carry out part-time work - the performance of other regular paid work on 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, - professions, and in cases where reduced working hours are established (with the exception of jobs for which regulatory legal acts Russian Federation sanitary and hygienic restrictions are established);

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

for pedagogical workers (including trainers-teachers, trainers) - half of the monthly norm of working hours, calculated from the established duration of the working week; -

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

c) the 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 during the main working hours while maintaining wages at the main place of work. 2. For the categories of workers specified in clause 1 of this resolution, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

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

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

e) implementation by employees who are not on the staff of the institution (organization), the management of graduate students and doctoral students, as well as the head of the department, the 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 and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, 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 medical workers in excess of the monthly norm of working time 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 pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of art workers;

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

Carrying out the work specified in sub.

"b" - "z", is allowed during the main 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 holidays

APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated September 13, 1994

(EXTRACTS)

No. Name of institutions Duration

vacation in calendar days Job titles of employees ()

7 Educational institutions of secondary and higher professional education and related additional education 56 Rectors (directors); first vice-rectors; vice-rectors (deputy directors); directors (heads) of branches; teachers; teaching staff; heads of: doctoral studies, postgraduate studies, research departments (sectors), departments, educational departments (parts), educational and consulting centers; managers (heads) of production practice; scientific secretaries of the council 8 Educational, methodological, methodological rooms (centers), including those included in the structure of educational institutions 42 Directors (heads), their deputies; heads of departments and other structural divisions; Methodists; educational psychologists 2. Vice-rectors (deputy directors), [except for the first vice-rector, vice-rector (deputy director) scientific work, for 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 industrial 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 professional education and relevant additional education, and in institutions of secondary vocational and relevant additional education - at least 240 hours of teaching work.

In case of non-fulfillment of teaching work in the specified amount, annual leave is granted to these employees 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 vacations established by this List of the same duration are provided to teaching staff in positions of the same name with the title "senior" or "chief".

Regulations on the procedure and conditions for the provision of teaching staff

educational institutions of long-term leave for up to one year

APPROVED BY ORDER OF THE MINISTRY OF EDUCATION OF THE RUSSIAN FEDERATION DATED 7.12.2000 1.

This Regulation establishes the procedure and conditions for granting long leave for 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.

Pedagogical workers of educational institutions in accordance with paragraph 5 of Art. 55 of the Law of the Russian Federation "On Education" are entitled to a long vacation for up to one year (hereinafter referred to as a long vacation) at least every 10 years of continuous teaching work. 3.

The experience of continuous teaching work, giving the right to a long vacation, includes the time of work in state, municipal educational institutions and non-state educational institutions with state accreditation, in the positions and under the conditions provided for in the appendix to this Regulation. four.

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

The issues of calculating the length of service of continuous teaching work are considered by the administration of the educational institution in agreement with the trade union body.

5. The experience of continuous teaching work, giving the right to a long vacation, counts:

Actual hours worked;

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

the time when a pedagogical worker had an industrial practice in paid teaching positions during the period of study in educational institutions of secondary and higher professional education, postgraduate and doctoral studies; -

the time when the teacher did not actually work, but he retained his place of work (position) and he received state social insurance benefits, except for the time when the teacher was on partially paid leave and received childcare allowance until he reached the age one and a half years.

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

upon transfer of an employee in the prescribed manner from one educational institution to another, if the break in work did not exceed one month; -

upon admission to teaching work after dismissal from teaching work upon the expiration of the term of the employment contract (contract) of persons who worked in the regions of the Far North and areas equivalent to them, if the break in work did not exceed two months; -

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

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

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

upon admission to a teaching job after dismissal from a teaching job of their own free will in connection with the transfer of a husband (wife) to work in another area, regardless of a break in work; -

when entering a teaching job after graduating from a higher or secondary pedagogical educational institution, if teaching at the educational institution was immediately preceded by teaching work, and the interval between the day of graduation from the educational institution and the day of entering the job did not exceed three months; -

upon admission to teaching after being released from work in the specialty in Russian educational institutions abroad, if the break in work did not exceed two months; -

upon admission to teaching after dismissal from teaching due to the establishment of 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); -

upon admission to a teaching job after dismissal from a teaching job due to a discrepancy between the employee for the position held or the work performed for health reasons (according to a medical report), which prevents the continuation of this work, if the break in work did not exceed three months; -

upon admission to a teaching job after dismissal of their own free will in connection with retirement.

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

Long leave may be granted to a teacher at any time, provided that this does not adversely affect the activities of the educational institution. eight.

The sequence and time of granting a long vacation, duration, joining the annual paid leave, the possibility of paying for a long vacation at the expense of extra-budgetary funds and other issues not provided for by this Regulation are determined by the charter of the educational institution.

9. A long leave is granted to a teacher at his request and is issued by order of an educational institution.

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

10. For a teacher who is on a long vacation, the place of work (position) is retained in accordance with the established procedure.

For a teacher who is on a long vacation, the pedagogical workload is maintained in accordance with the established procedure, provided that during this time the number of hours for curricula and programs or the number of study groups (classes) has not decreased. eleven.

During a long vacation, it is not allowed to transfer a teacher to another job, as well as dismiss him at the initiative of the administration, with the exception of the complete liquidation of an educational institution. 12.

For a teacher who falls ill during a long vacation, a long vacation is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, in agreement with the administration of the educational institution, is postponed to another period.

A long vacation is not extended or transferred if the teacher took care of a sick family member during the specified period of time.

Application

to the Regulations on the procedure and conditions for granting long-term leave to teachers of educational institutions for up to one year

The list of positions, work in which is counted in the experience of continuous teaching work

1. The list of positions, work in which is counted in the experience of continuous teaching work, regardless of the volume of teaching work: -

Professor; -

Senior Lecturer; -

teacher; -

assistant; -

teacher; -

defectologist teacher; -

teacher speech therapist; -

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

additional education teacher; -

head of physical education; -

master of industrial training; -

senior trainer-teacher; -

trainer-teacher; -

concertmaster; -

music director; -

educator.

2. The list of positions, work in which is counted in the experience of continuous teaching work 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; -

head (manager) of production practice; -

Methodist; -

instructor-methodologist; -

senior methodologist; -

senior teacher; -

class teacher; -

social teacher; -

educational psychologist; -

teacher-organizer: -

senior counselor; -

labor instructor; -

physical education instructor.

The time of work in the positions specified in clause 2 of this list is counted in the length of service of continuous teaching work, provided that the teacher performs teaching work in each academic year in the positions listed in clause 1 of this list (both with and without employment regular position) in the following volume: -

at least 150 hours - in institutions of higher professional education and relevant additional professional education (advanced training) of 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.

Articles 60.1 and 282 of the Labor Code of the Russian Federation establish the right of an employee to conclude employment contracts on the performance of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in their free time from their main job. This rule also applies to teachers. Part-time work for this category of workers is regulated by Ch. 44 of the Labor Code of the Russian Federation and Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

Within the meaning of this Decree, pedagogical workers have the right to work part-time, including in a similar position, specialty, profession, regardless of the fact that they have a reduced working time (with the exception of jobs for which sanitary and hygienic restrictions).

Part-time work is formalized by an independent labor contract, in which it is obligatory to indicate that the work stipulated by it is part-time work.

By general rule the duration of part-time work of pedagogical workers cannot exceed half of the monthly norm of working time, calculated from the established duration of the working week, which follows from par. 6 pp. "b" clause 1 of the Decree of the Ministry of Labor of Russia dated 06.30.2003 N 41. The duration of part-time work of pedagogical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week cannot exceed 16 hours of work per week. This follows from par. 7 pp. "b" clause 1 of the Decree of the Ministry of Labor of Russia of 30.06.2003 N 41. At the same time, the duration of part-time working hours is determined based on the length of working hours established for a specific category of teaching staff in accordance with Appendix N 1 to the Order of the Ministry of Education and Science of Russia of 12.22.2014 N 1601 For more information on this, see the section "Working hours for teaching staff" of this material.

Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation). In general educational institutions, hourly wages for part-time workers are practiced. At the same time, in areas where regional coefficients and wage supplements are established, part-time workers are paid taking into account these coefficients and supplements.

When working part-time, annual paid leave is granted simultaneously with leave at the main place of work. The duration of vacations of pedagogical workers for the main work and part-time work may be different. If the duration of the part-time leave is less, the part-time worker, at his request, is granted leave without pay (Article 286 of the Labor Code of the Russian Federation).

Paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 defines the types of work of pedagogical workers that are not part-time jobs. These include, in particular:

Pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

Performed by teachers, speech pathologists, teachers-speech therapists, teachers-organizers (basics of life safety, pre-conscription training), leaders of physical education, masters of industrial training, educators and other pedagogical workers of primary or secondary vocational education institutions, preschool educational institutions, educational institutions of general education, institutions of additional education for children and other children's institutions other regular pedagogical work in the same institution;

Fulfillment by pedagogical workers in the same institution without occupying a regular position of the duties of managing classrooms, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, management of industrial training and practice of students, verification of written work, extracurricular work in physical education, class management and etc.;

Work for additional pay in the same educational institution in excess of the established norm of hours of pedagogical work for a wage rate, including hours for replacing teachers who are absent due to illness or other reasons.

These types of work can be performed with the consent of the employer during the main working hours.

The performance of these types of work is not part-time work, and therefore does not require the conclusion of a separate employment contract (clause 2 of the Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41). The teacher, like any other, has the right to refuse to perform additional work, and the employer - to cancel the order to perform it, notifying the other party in writing no later than three working days (part 4 of article 60.2 of the Labor Code of the Russian Federation) .

For more information on the procedure for assigning additional work, see "Human Resources Guide. Changing the Terms of an Employment Contract".

The performance of work that is not a part-time job may be formalized in another way. To do this, a condition is introduced into the employment contract for the main job that the employee assumes the obligation to perform additional work along with the labor function stipulated by the employment contract (it is indicated which, in what volume and what are the conditions for its payment). In this case, the employee is released from additional work by changing the terms of the employment contract in the manner prescribed by Art. Art. 72, 74 of the Labor Code of the Russian Federation.

• Can a teacher work part-time?
• Part-time job and combination in budgetary institutions

Part-time and combining teaching staff The main provisions and features of part-time work are enshrined in law. However, the features relating specifically to pedagogical workers are not specified in detail.

Part-time and combining teaching staff

Decree N 41, the performance by a teacher of additional work with hourly pay in the amount of up to 300 hours per year does not require the conclusion of an employment contract. However, the performance of additional work during regular working hours, but not with your employer, does not fall under any of the definitions of labor legislation. The performance of such work in an institution that is not the main place of work for the music director can be formalized by concluding a civil law contract ( for example, for the provision of services). Limitations on the length of working hours established by labor legislation do not apply in this case.

Hourly pay: 300 or 240 As already mentioned, according to Decree N 41, pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year is not part-time work.

Part-time teacher work

According to Decree N 41, part-time jobs for teachers cannot be considered:

• scientific, literary or other activity of a creative nature, which is not assigned an additional vacancy in the state;
• conducting special examinations for a one-time fee;
• teaching or consulting on an hourly basis (here the law sets an annual limit of 300 hours);
• teaching at the same educational institution, as well as managing graduate students, doctoral students, managing a department or faculty, managing a class, chairing various commissions, industrial training and practice, managing classrooms, laboratories, conducting excursions, etc.;
• teaching in the same institution in excess of the hourly rate for a separate rate.

All of the above types of duties can be assigned to the teacher in the order of combination for a fee.

Menu

Attention But federal legislation also introduces other norms that specify the features of part-time employment for certain categories of specialists, and are mandatory for both employers and employees. These categories include pharmacists, doctors, employees of cultural and educational institutions. It is on the specifics of part-time work of pedagogical workers that attention will be focused in this article.

Part-time jobs for teachers: how to apply (Komarova V.V.)

The possibility of passing certification For teachers who work in state (municipal) educational institutions, the legislation provides for the possibility the highest category not only at the main place of work, but also part-time. Holidays Teachers "go" on paid leave part-time in the same period when annual leave is granted at the main place of work. Moreover, if half a year has not yet been worked out, and the vacation time for the main job has already come up, then the rest will still be provided (vacation in advance). The majority of employees in the educational sector have extended vacations.

Features of part-time work for teachers

Decree N 41 does not specify how to formalize the performance of such work in this case, because, within the meaning of paragraph 2, the work listed in it is performed by the employee during regular working hours. Guided by the general rules established by the Labor Code of the Russian Federation, the performance by the educator of a preschool educational institution of work in the same position in the same institution, more than 36 hours is possible on the basis of an employment contract for work on an internal part-time basis (Decision of the Supreme Court of the Russian Federation of December 21, 2006 N GKPI06-1518). concurrently cannot exceed 18 hours a week (paragraph “b”, paragraph 1 of Resolution No. 41). Example 1. The teacher wants to have a total workload of 72 hours a week, of which 36 hours at the main place of work.

Pedagogical activity and part-time work

Info

In addition, these issues are regulated by a later normative act - Resolution N 41. Attention! In pp. "c" paragraph 2 of Resolution N 41 does not mention the academic or working years. It is more logical to determine the load within the limited scope of pedagogical work with hourly pay per year, the countdown of which starts from the day determined by the parties, or from the day when the employer agreed to the performance of such work by the pedagogical worker.

Part-time and combining teachers

For teachers working in boarding schools, the tariff rate increases by 20% (increasing factor) and, thus, will amount to 4,200 rubles (3,500 rubles * 1.20). Teacher's salary: 4200 * 10/20 = 2100 rubles. Possibility of certification For teachers who work in state (municipal) educational institutions, the legislation provides for the opportunity to pass certification for II, as well as I or the highest category, not only at the main place of work, but also part-time.

Holidays Teachers "go" on paid leave in combination during the same period when they are granted annual leave at their main place of work. Moreover, if half a year has not yet been worked out, and the vacation time for the main job has already come up, then the rest will still be provided (vacation in advance). The majority of employees in the educational sector have extended vacations.

Attention

An integral point in the execution of a part-time contract is the hourly rate of the teacher's working day and a description of its functionality. The document must reflect all the conditions and features of the relationship between the parties, including their rights and obligations. Separately, the amount and procedure for remuneration of the employee is stipulated.

Comment
to regulatory 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

The forms of labor organization used in labor relations with employees of educational institutions, such as part-time employment, 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 the placement of personnel.
There are still cases when an employee actually performs part-time work in the same educational institution, that is, works outside the main working hours with payroll based on the salary for the second position, but the employment relationship is not formalized properly. The employer, instead of concluding another employment contract with the employee on part-time work, is limited, as a rule, to issuing an order to allow part-time work.
The employment contract with the employee does not reflect in any way the performance of work by him in the order of combining professions (positions), expanding service areas or increasing the volume of work.
This commentary aims to give detailed explanations of all the differences and features of the application of these forms of organization of work in educational institutions, including in relation to teaching staff.
It should be noted that at present, the issues of attracting employees to work part-time, combining professions (positions), expanding service areas, increasing the volume of work, fulfilling 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 of the year No. 90-FZ, which entered 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 features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers", the features of part-time work for these categories of workers are determined by a decree of the Ministry of Labor and social development of the Russian Federation of June 30, 2003 No. 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers 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 of June 30, 2003 No. 41).

I. REGULATION OF THE 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 on the terms of an employment contract in his spare time from his main job. It follows from this, for example, that when an employee in the same institution performs work in another full-time position, in the order of internal combination, another employment contract must be concluded with him.
The regulation of the labor of persons working part-time in the Labor Code of the Russian Federation is provided for in articles 11 (regulation of the features of part-time work), 59 (the possibility of concluding a fixed-term employment contract with a part-time job), 60¹ (on the right to perform part-time work, both internal and external), 65 (documents presented when applying for a part-time job), 66 (on an entry in the work book of part-time work), 229 (formation of commissions to investigate accidents with part-time employees), 276 (work of a part-time manager with another employer), 282-288 (peculiarities of labor regulation of persons working part-time: working hours, pay, vacation, guarantees, additional grounds for termination of an employment contract), 321 (leaves for persons working part-time in the Far North and equivalent areas ), 329 (prohibition of part-time work related to the management vehicles, for employees whose work at their main place of work is related to driving vehicles), 332 (cases of replacing scientific and pedagogical workers without being elected by competition when hiring part-time workers), 350 (duration of part-time work of medical workers).

Conclusion and termination of an employment contract on part-time work
When concluding an employment contract for part-time work, it is necessary to be based on the new article 60¹ of the Labor Code of the Russian Federation, which defines the concept of part-time work, 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 conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job, both with the same employer in the internal combination procedure, and (or) with another employer in the external combination procedure.
At the same time, attention should be paid to the fact that Article 98 of the Labor Code of the Russian Federation was declared invalid, according to which, until October 6, 2006, internal part-time employment was allowed only in a different profession (position), because of which the employer did not have the right to attract the procedure for internal combination of employees by profession and position having the same name. For example, with an assistant educator, a laboratory assistant, an engineer, and even with a cleaner of office premises, it was impossible to conclude another employment contract for part-time work in a similar position (profession) at the main place of work, 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 pedagogical, medical, pharmaceutical workers, as well as cultural workers, since the Labor Code of the Russian Federation provided for the establishment of the features of part-time work for them.
For example, in accordance with Article 333 of the Labor Code of the Russian Federation, pedagogical workers were allowed to work part-time 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 involve workers in part-time work both by 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 the 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 conclude only one employment contract for work in the order of internal combination.
In the employment contract (with internal and external part-time jobs), it is mandatory to 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 may, but is not obliged to conclude a fixed-term employment contract with persons applying for a part-time job, which implies that a part-time employment contract can also be concluded for an indefinite period.
Some employers, when hiring part-time workers, still prefer to conclude a fixed-term employment contract with them in order to make it easier to terminate employment relations with such workers. And vice versa, they face problems when the end of the term of the employment contract is still very far away, and it became possible 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 guilty 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 job for an indefinite period may be terminated by the employer two weeks after the 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 event of hiring an employee for whom this work will be the main one, about which the employer notifies 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 the position is vacant, but it is not yet possible to invite a permanent employee, it is more expedient in such a situation to conclude an employment contract with a part-time worker for an indefinite period.
Example
At the beginning of the school year, the physical education teacher quit. Other teachers cannot teach this subject. The coach-teacher of the children's and youth sports school agrees to conduct 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 this is a matter of time.
In such a situation, the conclusion of a fixed-term employment contract with a part-time worker can be a deterrent when hiring a permanent employee. The two-week period required to warn a part-time worker with whom an employment contract has been concluded for an indefinite period will not have a significant impact on resolving the issue of staff 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 training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work. This article does not provide for the submission 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 employment, on the basis of Articles 331 and 351.1. The Labor Code of the Russian Federation, in accordance with which either a ban on teaching activities or restrictions on employment are established labor activity in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical support, social protection and social services, in the field of youth sports, culture and art with the participation of minors.

Entering information about part-time work in the 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 in the work book at the place of main work on the basis of a document confirming part-time work.
If an entry was made in the work book of the employee about part-time work, then the entry on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or another 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
The restrictions on part-time work are primarily related to the length of working time, 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 the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.
The restrictions on 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 the 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 in writing about this) or suspended from work in accordance with parts 2 or 4 of article 73 of the Labor Code of the Russian Federation (due to the refusal to transfer to another job on the basis of a medical report or due to the employer’s lack of appropriate work) .
At the same time, it must be emphasized that the restrictions on part-time work are related precisely to the length of working time, and not to the amount of wages, which to a greater extent depends on the volume and quality of the work performed.
In addition, with persons working part-time, an employment contract is concluded for work in the relevant position, and not in its part or part of the rate (for example, in the position of a leading engineer, and not for 0.5 rates or 0.5 positions of a leading engineer) . The sections of the employment contract that determine the duration of working hours and conditions of remuneration should indicate, respectively, the specific duration of working hours (per day, per week, per month), as well as the amount and conditions of remuneration (for example, with a remuneration of 0.5 official salary provided for the position of a lead engineer). If there are other payments, they are also indicated in the employment contract concluded on part-time work.
The significant restrictions provided for by Article 282 of the Labor Code of the Russian Federation when engaging in part-time work (in addition to the restriction associated with its duration) also include a ban on employers to engage persons under the age of 18 years, as well as persons in heavy work, to perform part-time work , work with harmful and (or) dangerous working conditions, if the main work is associated with 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 total, in the amount of half the monthly norm of working time, provides the employer with the opportunity to involve workers in part-time work 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 norm of working hours in 2012 with a five-day working week).
It should be noted that the provision provided for by subparagraph “b” of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, providing that the duration of part-time work of pedagogical workers (including trainers, teachers, trainers), who have half the monthly work rate time for the main work is less than 16 hours a week, may be 16 hours a week for a month, should not be used, as contrary to Article 284 of the Labor Code of the Russian Federation as amended by Federal Law No. 90-FZ of 30.06.2006.
It follows from this that part-time work on the terms of tariffication with another employer can be carried out by teachers only in the amount of half the monthly norm of working time, which, in terms of the weekly norm, is 9 hours. A larger amount of teaching work in the school where the 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 the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41.

Restrictions on part-time work (features of performing other paid work) for certain categories of employees (heads of an organization, state and municipal employees)
For certain categories of workers, in addition to the restrictions provided for by 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 for 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 not allowed to combine their positions with other managerial positions (except for scientific and scientific and methodological guidance) inside or outside educational institutions. It was also established that the official duties of the heads of the same institutions, their branches (departments) cannot be performed in combination.
At the same time, for the heads of other institutions and organizations that are not state and municipal educational institutions, the legislation does not provide for such a ban, that is, a ban on combining their positions with other leadership positions.
At the same time, in accordance with Article 276 of the Labor Code of the Russian Federation (but subject to 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 a legal entity, or the owner of the organization's property, or a person (body) authorized by the owner. At the same time, this article does not provide for any regulation of part-time work of the head of the same employer, that is, in his organization.
Apparently, the regulation of the work of a part-time manager only with 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, who is authorized to conclude employment contracts with employees on behalf of the employer, cannot be a party when 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 is not entitled to conclude employment contracts with employees of an educational institution, including in a position that the head could apply for in addition to the main job.
At the same time, there is an opportunity for the manager to perform other paid work in his own educational institution.
So, in accordance with subparagraph "g" of paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the head of an educational institution is allowed to perform teaching work in the same educational institution without holding a full-time position, since this does not require the conclusion of an employment contract. The conditions for the performance of teaching work by the head of the educational institution and payment for it are provided for by the founder or other authorized body making appropriate additions to the employment contract concluded with the head.
It should be noted that the teaching work of a manager without holding a full-time position is possible only as a teacher, lecturer, teacher of additional education, trainer-teacher in educational institutions that implement general education programs, programs of primary and secondary vocational education, as well as additional education for children, since recruitment of personnel of these categories is carried out not on the basis of the staffing table, but on the basis of the number of hours for curricula and programs, staffing and other conditions. The remuneration of the heads of educational institutions for the performance of such teaching work is carried out on the basis of the norms of hours of teaching work established for the specified positions for the wage rate, which are calculated for calculating wages for its actual volume.
B) Features of performing other paid work (part-time work) for state and municipal employees
Features 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 - Federal Law of March 2, 2007 No. 25-FZ);
- Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (as amended and supplemented) (hereinafter - Federal Law of July 27, 2004 No. 79-FZ).
So, in accordance with paragraph 2 of Article 1 of the Federal Law of March 2, 2007 No. 25-FZ, a municipal employee, with the exception of a municipal employee who replaces the position of the head of a local administration under a contract, has the right, with prior written notification of 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 fill a position in the municipal service in case of election to a paid elective position in a trade union body, including in the elected body of a primary trade union organization established in a local government body, the office of the election commission of a municipal formation.
Paragraph 2 of Article 14 establishes that a municipal employee who replaces the position of the head of a local administration under a contract is not entitled 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 notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest (previously, a ban was established for civil servants on any other paid work, except for pedagogical, scientific or other creative activity).

Features of the 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 pedagogical, medical, pharmaceutical and cultural workers.
At present, the features of part-time work for these categories of workers, as already mentioned above, are determined by the Decree of the Ministry of Labor of Russia of June 30, 2003 No. 41, which was adopted in accordance with the Decree of the Government of the Russian Federation of April 4, 2003 No. 197 "On the Features part-time work of pedagogical, medical, pharmaceutical workers 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 features primarily lie in the fact that for individual pedagogical, medical, pharmaceutical and cultural workers, part-time work is allowed for a longer duration than is provided for in article 284 of the Labor Code of the Russian Federation .
Another significant feature established for pedagogical, medical, pharmaceutical and cultural workers is that certain types of work performed in addition to the main one are not considered part-time jobs and do not require the conclusion (execution) of an employment contract.
Let us dwell in more detail on the features of part-time work of pedagogical workers.
For some categories of pedagogical workers, another pedagogical work in the same or another educational institution is considered part-time work, and for others, part-time work is pedagogical work only in another educational institution.
Pedagogical workers for whom other regular teaching work in the same or another educational institution is a part-time job include:
employees from among the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) of specialists (IPK);
other teaching staff of universities and IPC (methodologists, psychologists, teachers of additional education, etc.).
For these categories of teachers, pedagogical 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.
Pedagogical workers for whom other regular pedagogical work is considered part-time work only if it is performed in another educational institution include:
teachers, lecturers, teachers-defectologists, speech therapists, teachers-organizers of the basics of life safety, pre-conscription training, leaders of physical education, masters of industrial training, educators, tutors, librarians and other pedagogical workers of institutions of primary or secondary vocational education, preschool education 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 workers perform other pedagogical 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 pedagogical work in the same institution.
Thus, in accordance with paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, other regular pedagogical work in the same institution of primary or secondary vocational education, a 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.
(On the specifics of performing such pedagogical work, see the section “Conditions for performing work that is not considered part-time work”).
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 the monthly norm of working hours.
Examples
1. The IPC methodologist works in the full-time position of associate 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 norm of working time established for a teaching position, calculated from his 36-hour working week.
2. Associate professor of the university in the same and / or in another university is accepted for another full-time teaching position in combination.
With such a teacher and in the same and in another university (one or more), in each case, an employment contract must be concluded on part-time work in a teaching position (assistant, teacher, senior teacher, associate professor, professor) with a working time not exceeding 18 hours a week, which corresponds to half of the official salary provided for in the position held in part-time employment (taking into account the compensation and / or incentive payments applied in the institution).
In accordance with subparagraph “b” of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, cultural workers involved in combination as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, can perform this work for a duration not exceeding the monthly norm 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 cultural institutions (theaters, museums, clubs, circuses, galleries, concert organizations, libraries, etc.).
Pedagogical workers of additional education, which may be involved in cultural workers (along with the workers directly listed in paragraph 8 of subparagraph "b" of paragraph 1 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41), may include employees of educational institutions whose pedagogical activity is directly related to the implementation of additional educational programs: teachers of additional education, trainers-teachers, teachers-organizers, methodologists of institutions of additional education for children.
Examples
1. The theater artist works part-time as a teacher of additional education in a general education school or in an institution of additional education for children. The volume of teaching work, and, consequently, the normalized part of his pedagogical work in the order of part-time employment in this position may be 18 hours a week, which does not exceed the monthly norm of working time, calculated from the weekly norm of hours of pedagogical work established by the teacher of additional education. Salary for an 18-hour weekly workload will be paid in the amount of the monthly salary rate of a teacher of additional education (using the compensation and / or incentive payments established in 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 hours worked. With a 40-hour working 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 Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, with the consent of the employer, pedagogical work of highly qualified specialists is allowed on a part-time basis in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place work.
It should be noted that this resolution does not provide for a list of highly qualified specialists who can perform part-time pedagogical work in these educational institutions. There are also no time limits for the performance of such work, nor a specific list of educational institutions for advanced training and retraining of personnel.
Consequently, the employer at the place of the main job has the right to decide for himself in assessing the qualifications of the specialist to whom he will allow to perform such part-time work while retaining his wages, as well as the time for its implementation.
The Decree of the Ministry of Labor of Russia also does not regulate the issue of in what form (oral or written) the consent of the employer should be expressed, and therefore, in order to avoid possible misunderstandings and consequences, it is advisable to issue a permit in writing (possibly in the form of an additional condition, contained in a written form of an employment contract for the main job).

Compensation 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 hours worked;
depending on production;
on other conditions determined by the employment contract.
When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed.
Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.
As noted above, there are no restrictions on the amount of remuneration for part-time work. Persons working part-time for half the monthly norm of working time, but performing work in a larger volume than provided for by the position of an employee employed for half the monthly norm, remuneration may be made for the work actually performed, including by establishing an additional payment for increasing 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 incomplete time. If, for example, an employee performs work in the amount of half the monthly norm of working time (20 hours a week with a 40-hour working week), then his salary should be at least 2305.5 rubles. per month (4611 x 20:40).
When calculating the wages of employees performing part-time work in the regions of the Far North and in areas equivalent to them, 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) in relation to regional coefficients and northern allowances.
Based on the position expressed by the court, it follows that when establishing a remuneration system, each employer must equally observe as a norm that guarantees an employee who has fully worked out the norm of working hours in a month and fulfilled the labor standards (labor duties), wages not lower than the minimum wage labor (Article 133 of the Labor Code of the Russian Federation), as well as 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 carried out in the regions of the Far North and equivalent to them areas, in an increased amount compared to the payment of identical labor performed in normal climatic conditions.
In accordance with Articles 315, 316 and 317 of the Labor Code of the Russian Federation, the unfavorable factors associated with working in these conditions must be compensated by a special coefficient and a wage supplement, in connection with which the wages of employees of organizations located in the regions of the Far North and equivalent to them localities, should be determined in the amount of not less than the minimum wage, after which the district coefficient and the allowance for the length of service in these districts or localities should 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 in the order of internal combination, then the calculation of his salary, taking into account the above principles, should be carried out for each position separately.

Annual basic and additional holidays for 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 at a part-time job for six months, then the leave is granted in advance, that is, the full duration established for the position held in part-time. Proportional calculation of the duration of leave for the time worked part-time is not allowed.
In the event that the employee’s annual paid leave at a part-time job is shorter than the duration of the leave at the main place of work, the employer, at the request of the employee, grants him unpaid leave for the missing duration.
In accordance with Article 321 of the Labor Code of the Russian Federation, the total duration of annual paid holidays 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 holidays of 24 calendar days, and persons working in areas equivalent to regions Far North - 16 calendar days.
If guarantees and compensations are provided for employees of the organization by laws and other regulatory legal acts, collective agreements, agreements, local regulations, then in accordance with Article 287 of the Labor Code of the Russian Federation, persons working part-time, they are provided in full (with the exception of guarantees and compensations, established for persons combining work with study, as well as persons working in the regions of the Far North and in areas equivalent to them).

Conditions for performing work that is not considered part-time work
Clause 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for pedagogical, medical, pharmaceutical and cultural workers, that is, the categories of workers provided for in clause 1 of this decree, defines the types of work that are not part-time jobs and do not require the conclusion of an employment contract .
These include the following types of work.
1. Pedagogical work on the terms of hourly pay in the amount of not 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 subparagraph, pedagogical work can be carried out:
- the teaching staff of institutions of higher professional education (universities) or educational institutions of additional professional education (advanced training) of specialists (IPK), other pedagogical workers 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 jobs;
- teachers, teachers, educators and other teaching staff of primary and secondary vocational education institutions, 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 volume, it is not considered a part-time job in itself and is paid for all pedagogical work on the terms of tariffication (with the exception of the replacement of absent teaching staff, which lasted no more than two months);
- pedagogical workers 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 on work on a part-time basis (in any amount, but not exceeding half the monthly norm).
For example, a specialist from an education management body has entered into an employment contract with a school for part-time work as a teacher with a teaching volume of 1 hour per week or more. Since in this case he will already be a pedagogical worker, to whom clause 2 of the resolution of the Ministry of Labor applies, an additional condition may be included in this employment contract on the performance of pedagogical work in the amount of 300 hours per year on an hourly basis, which will not be part-time.
300 hours per year in terms of the weekly volume of the study load is 8-9 hours (depending on the number of study weeks), which can also be reflected in the supplement to the specified employment contract. Payment for all pedagogical work in this case will be made for the number of hours of actually performed pedagogical work per month on the terms of hourly wages, the amount of which is determined based on the wage rates established by the position of the teacher, taking into account the applicable wage 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 of additional education for children and another children's institution (subparagraph "e" of paragraph 2 of the decision of the Ministry of Labor Russia).
In relation to subparagraph “e”, pedagogical work can be performed:
- in full-time positions (with the same or another name), for which not the norm of hours for the rate, but the specific duration of working hours is established (for example, a teacher-psychologist can work in the same educational institution as a social pedagogue, master of industrial training, methodologist (meaning a methodologist who is 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 - an educator, teacher-psychologist, social pedagogue);
- in positions for which (one or both) hour norms for the wage rate are established (for example, a teacher of a preschool educational institution can work in the same institution as a music director and / or a speech therapist teacher; a teacher of a musical pedagogical college - as an accompanist, teacher in a hostel the same institution).
Other options for performing pedagogical work in the same institution are also possible. All of the above and other pedagogical workers can conduct teaching work, classes in circles and other associations of students in the same educational institution.
3. Work without holding a full-time position in the same institution for the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, managing subject and cycle commissions, working to manage the industrial training and practice of students and other students, etc. (subparagraph “g » paragraph 2 of the resolution of the Ministry of Labor of Russia).
In educational institutions, the types of work without holding a regular position (in addition to those listed) are:
- additional work, which, according to its content, is related to the educational process, but is not included in the duties of pedagogical workers (classroom management, group leadership, checking written work, managing educational and experimental sites, extracurricular work in physical education, managing educational and consulting centers, boarding schools at educational institutions, performing the duties of a master of educational workshops);
- other types of additional work (in the absence of employees in the staff of the institution, whose duties include its implementation).
The specified additional work is determined at the conclusion of 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 subparagraph, teaching work (including in circles and other associations of students) can be carried out:
- directors, their deputies, heads of structural divisions, teaching staff holding full-time positions (educators-psychologists, social pedagogues, librarians, methodologists, etc.), librarians, engineers, laboratory assistants, other employees from among specialists, administrative and economic and teaching and support staff.
The volume of teaching work is determined when concluding an employment contract for the main job (if the issue of teaching work is also being resolved at the same time) by making appropriate additions to it or by concluding an additional agreement to the employment contract.
It should be noted that the right for the heads of federal educational institutions (structural divisions) implementing general educational programs, programs of initial vocational, secondary vocational education, as well as additional educational programs, teaching without holding a full-time position in classes, groups, circles, sections in the same educational institution under the terms of an additional agreement to the employment contract, is enshrined in the Industry Agreement for 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 Russia and the Trade Union of Education and Science Workers of the Russian Federation 22 February 2012 (registered with the Federal Labor and Employment Service 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 these 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, lecturers for whom this educational institution is the main place of work, are provided with teaching work in their specialty in the amount of not less than the wage rate.
Similar provisions may be introduced into regional and territorial agreements and collective agreements in order to regulate this issue uniformly.
5. Work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for a wage rate, including for replacement hours for teachers who are 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 pedagogical 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 rate of hours for a wage rate of 720 hours of pedagogical work;
- an educator of a preschool educational institution, whose norm of hours for the wage rate is 36 hours per week, performs pedagogical 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 a week, that is, 18 hours more than the weekly norm of hours, for which the wage rate is set.

Time of performance of work, which is not considered part-time work, and its volume
In accordance with paragraph eleven of clause 2 of the resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41, the work specified in subparagraphs "b" - "h", which are not considered part-time work, is allowed during main 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.
At the same time, it should be noted that in fact, it is practically impossible to perform certain types of pedagogical work during the main 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 the main working hours.
Thus, a teacher cannot simultaneously work as an educator in an extended day group (HPA), and an educator, when working in the GPA, cannot conduct teaching work during his working hours, etc.
Along with this, the pedagogical work provided for in subparagraph “h” cannot be performed during the main working hours, since this work is preconditioned by its performance in excess of the established norm of 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 pedagogical workers to perform other pedagogical work during their main working hours (for example, librarian teachers, psychologist teachers, organizer teachers, senior counselors can conduct teaching work including the amount that he will establish (in whole or in part) within the established working hours). The decision on this issue should be made taking into account the volume performed, the shift of classes, and other conditions for its implementation.
Taking into account the same conditions, teaching work can be carried out in the same institution by other pedagogical workers who, by order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. educational institutions ", not the norms of hours of pedagogical (teaching) work for the wage rate, but the specific duration of working hours of 30 or 36 hours per week (paragraph 1 of the annex to the specified order), that is, by senior educators, educational psychologists, social pedagogues, teachers - organizers, as well as heads of physical education, teachers-organizers of life safety in excess of the teaching load, which, in accordance with the qualification characteristics, is included in their official duties.
During the main working hours, as noted above, teaching work without holding a full-time position may be allowed for heads of educational institutions, as well as their deputies and heads of structural divisions.
At the same time, it is hardly possible to perform additional work on classroom management, checking written work and other additional work referred to in subparagraph “g” of paragraph 2 during regular working hours.
It should be noted that the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41 for the types of pedagogical (teaching) work provided for in subparagraphs "e", "g", "h", does not establish its maximum volume, since in accordance with Article 333 The Labor Code of the Russian Federation, the workload of a pedagogical worker of an educational institution, stipulated in an employment contract, may be limited to the upper limit only in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the federal executive body authorized by the Government of the Russian Federation.
Currently upper limit teaching load (that is, the maximum amount of teaching (pedagogical) work that can be performed in the same educational institution) for teachers of primary vocational education institutions, preschool educational institutions, educational institutions of general education, educational institutions of additional education for children and other children's institutions not established in the relevant model provisions.
For teachers of institutions of primary and secondary vocational education, the upper limit has been established.
So, in the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by the Decree of the Government of the Russian Federation of July 18, 2008 No. 543, and in the Model Regulations on an educational institution of primary vocational education, approved by the Decree of the Government of the Russian Federation of July 14, 2008 No. 521, it is determined that the teaching load for the academic year for teachers, stipulated in the employment contract, should not exceed 1440 academic hours.
It should be noted that the teaching load of 1440 hours per year for teachers of these educational institutions corresponds to two wage rates, since the norm of teaching hours for one wage rate is 720 teaching hours per year.
From this it follows that the decisions of the bodies exercising management in the field of education, other executive authorities, providing for any restrictions on the teaching load for teachers, as well as limiting the teaching load of teachers in the amount of less than 1440 hours per year, are unlawful.
The performance of the pedagogical work provided for by subparagraphs "e", "g" of paragraph 2 of the Decree 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 job (by concluding an additional agreement to the employment contract) on that, for example, the employee assumes the responsibility to perform:
- additional pedagogical work by position (indicates the position in which other pedagogical work will be performed) with the length of working time or in the number of hours of teaching (pedagogical) work (either the length of working time or the number of hours of teaching (pedagogical) work is indicated);
- additional work that is 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 the main working hours (in whole or in part) or outside it.

Vacation pay when performing work that is not considered part-time
Taking into account that the employment contract for pedagogical work provided for by subparagraphs "e", "g" and "h" of paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 No. 41, is not concluded, questions arise related to the provision of leave, calculation vacation pay, reduction (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 work is provided with the duration established for the main position, and the payment for vacation is calculated based on the accrued wages in the billing period, taking into account payment for teaching work, as well as taking into account established surcharges. 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, respectively, based on the wages accrued in the billing 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 canceled, 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 of upcoming changes in the terms of the employment contract, as well as 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 of labor of managers and other employees of educational institutions for teaching work that is not a part-time job is carried out in the manner and on the conditions established for teachers, lecturers, teachers of additional education, trainers-teachers, including on the terms of their billing for this work.
It should also be noted that in Annex No. 1 to the Industry Agreement on organizations under the jurisdiction of the Ministry of Education and Science of the Russian Federation for 2012-2014, a provision is fixed that during the work period during the autumn, winter, spring and summer holidays, students , as well as during periods of cancellation of training sessions (educational process) for students, pupils for sanitary-epidemiological, climatic and other reasons, remuneration of persons from among the managerial, administrative, economic and educational support staff conducting teaching work during the academic year, including classes in circles, is made on the basis of the wages established during the billing, preceding the start of the holidays or the period of cancellation of training sessions (educational process) for the indicated reasons.

Substitution and payment for lessons of absent (due to illness and other reasons) teachers
In order to resolve issues related to the replacement and payment of lessons for absent (due to illness and other reasons) teachers, the following options can be used, applied in practice.
The lessons of temporarily absent teachers, as a rule, should be replaced by teachers of the same specialty, who should be paid hourly for the additional number of hours spent 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 program already in their subject.
According to established practice, remuneration of teachers in such a substitution will be made as follows.
A teacher who replaced an absent teacher and conducted classes in his subject ahead of time does not receive an additional fee during this period, because when he transfers his teaching hours to the returning teacher, he will retain the salary established during the billing.
The absent teacher, who, upon his return, will conduct classes 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 tariffing, should be paid hourly for the hours of classes given in excess of his teaching load established during the tariffing .
This substitution order allows you to make up for the missed program without overloading students.

II. COMBINATION OF PROFESSIONS (POSITIONS),
EXPANDING SERVICE AREAS, INCREASING THE VOLUME OF WORK, PERFORMING THE RESPONSIBILITIES 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 employees are regulated by federal law.
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 the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for an additional payment, the amount of which determined in the manner prescribed by Article 151 of the Labor Code of the Russian Federation.
At the same time, the additional work assigned to the employee in another profession (position) can be carried out by combining professions (positions). Additional work entrusted to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work.
In order to fulfill the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).
In cases where the specified work is performed due to the non-appearance of the replacement employee by 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, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, 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 early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.
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 determined by 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 extra work.
It should be noted that Decree of the Government of the Russian Federation dated March 10, 2009 No. 216 (with amendments and additions) recognized 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)” as 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 a form of labor organization as combining professions (positions), expanding service areas, increasing the amount of work for the heads of organizations.
At present, it is possible to entrust the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment, any employee can be given with his consent, including heads of organizations.
Exceptions to this rule are still associated only with the prohibition for heads of state and municipal educational institutions to combine their positions with other managerial positions (except for scientific and scientific and methodological guidance) inside or outside educational institutions.
Differences in the application of forms of labor organization in part-time jobs and in combining professions (positions), expanding service areas, increasing the amount of work
Due to the consonance of the concepts of "part-time work" and "combination", inaccuracies arise in the understanding and design of work in these two different types relationship between employee and employer. The main characteristic differences in the conditions of part-time work and in the order of combining professions (positions) are illustrated in the table below.