Increase in study load. Teacher, know your rights! The teaching load of teachers and the reasons for its change

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

I. General provisions
1.5. The volume of the teaching load of teaching staff (with the exception of teaching staff replacing the positions of the teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of the change in the volume of the teaching load of teaching staff, specified in subparagraph 2.8.1 of Appendix N 1 to this order, in the direction of its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, students, groups, a reduction in the number of classes (set classes).

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

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

I. General provisions

1.1. The procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract (hereinafter referred to as the Procedure), determines the rules for determining the teaching load of pedagogical workers, stipulated in the employment contract, the grounds for its change, cases of establishing the upper limit of the teaching load depending on the position and (or) specialty of pedagogical employees, taking into account the characteristics of their work.

1.2. When determining the teaching load of pedagogical workers, its volume is established for the implementation of educational (teaching) work in cooperation with students by types of educational activities, the established curriculum (individual curriculum), current monitoring of progress, intermediate and final certification of students.

1.3. The volume of the teaching load of pedagogical workers performing educational (teaching) work is determined annually at the beginning of the academic year (training period, sports season) and is established by the local regulatory act of the organization carrying out educational activities.

1.4. The volume of the teaching load established for a teacher is stipulated in an employment contract concluded by a teacher with an organization carrying out educational activities.

1.6. The volume of the teaching load of teaching staff (with the exception of teaching staff replacing the positions of the teaching staff), established in the current academic year (training period, sports season), cannot be changed at the initiative of the employer for the next academic year (training period, sports season) with the exception of cases of a change in the teaching load of teaching staff specified in clause 2.8 of Appendix No. 1 to this order, in the direction of its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, students, groups, a reduction in the number of classes (classes -sets).

1.7. Temporary or permanent change (increase or decrease) in the volume of the teaching load of teaching staff in comparison with the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract concluded in writing, with the exception of changing the volume of the teaching load of teaching staff in the direction of its reduction provided for in clauses 1.5 and 1.6 of this Procedure.

1.8. The employer is obliged to notify the teaching staff in writing about changes in the volume of the teaching load (increase or decrease), as well as the reasons that necessitated such changes, no later than two months before the proposed changes are made, unless the change in the volume of the teaching load carried out by agreement of the parties to the employment contract.

1.9. Local regulations of organizations engaged in educational activities on the issues of determining the teaching load of pedagogical workers engaged in educational (teaching) work, as well as its changes, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if there is such a representative body).

II. Determination of the teaching load of teachers and lecturers for whom the norm of teaching hours is 18 hours per week for the wage rate, the grounds for its change

2.1. The teaching load of teachers and lecturers is determined taking into account the number of hours according to the curricula, work programs of subjects, educational programs, staffing of the organization carrying out educational activities.

2.2. Payment of the wage rate in full, subject to additional teaching hours to the established norm, is guaranteed for the following teachers who cannot be provided with an academic load in the amount corresponding to the norm of hours of educational (teaching) work established for the wage rate per week:

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

1 - 4 classes, who do not have the necessary training to conduct Russian language lessons, organizations that carry out educational activities in educational programs of primary general education with their native (non-Russian) language of instruction, located in rural areas;

the Russian language of organizations engaged in educational activities in educational programs of primary general education with a native (non-Russian) language of instruction, located in rural areas;

physical culture of organizations carrying out educational activities on general educational programs located in rural areas;

foreign language organizations engaged in educational activities for general educational programs located in the villages of logging and rafting enterprises and chemical forestry enterprises.

2.3. When determining the teaching load for the new academic year for teachers and lecturers for whom the organization carrying out educational activities is the main place of work, its volume is maintained and the continuity of teaching subjects, courses, disciplines (modules) in classes (classes-sets), groups is ensured , with the exception of cases provided for in paragraph 1.7 of this Procedure.

Preservation of the volume of the teaching load and the continuity of teaching subjects, courses, disciplines (modules) for teachers and teachers of the graduating classes, groups is ensured by providing them with a teaching load in classes (classes-sets), groups in which the study of those taught by these teachers and teachers begins for the first time subjects, courses, disciplines (modules).

2.4. Teachers, as well as teachers of organizations engaged in educational activities in educational programs of secondary vocational education of a pedagogical orientation, applying the norm of hours of educational (teaching) work of 18 hours per week for a wage rate, for which, for reasons beyond their control, the teaching load decreases during the academic year compared with the workload established at the beginning of the school year, after the expiration of the notification period for its reduction, provided for in paragraph 1.8 of this Procedure, before the end of the school year, as well as during the holidays that do not coincide with the annual main extended paid leave and the annual additional paid leave , payable:

wages for the actually remaining number of hours of study (teaching) work, if it exceeds the norm of hours of study (teaching) work per week, established for the wage rate;

wages in the amount of the monthly rate, if the volume of the teaching load before its reduction corresponded to the norm of hours of study (teaching) work per week, established for the wage rate, and if they cannot be loaded with other pedagogical work;

wages established before the reduction of the teaching load, if it was set below the norm of hours of study (teaching) work per week, established for the wage rate, and if they cannot be loaded with other pedagogical work.

2.5. When teachers of organizations implementing basic general education programs for which these organizations are the main place of work are entrusted with the responsibility of teaching children at home who, for health reasons, cannot attend such organizations, the number of hours established for teaching such children is included in the teaching load teachers.

2.6. The onset of holidays for students, including those studying at home, is not a reason to reduce teachers' teaching load and salaries, including in cases where the conclusion of a medical organization, which is the basis for organizing homeschooling, is valid only until the end of the academic year.

2.7. The teaching load, performed in order to replace teachers and teachers temporarily absent due to illness and other reasons, is paid additionally.

III. Determination of the teaching load of teachers of additional education, senior teachers of additional education and the educational (training) load of trainers-teachers, senior trainers-teachers, the grounds for its change

3.1. Determination of the workload of teachers of additional education, senior teachers of additional education and the training (training) load of trainers-teachers, senior trainers-teachers, as well as its change are carried out taking into account the specifics of the implementation of additional general education programs in the field of arts, physical culture and sports, sports training programs in accordance with clauses 2.1, 2.2, 2.4 - 2.6 of this Procedure.

IV. Determination of the teaching load of teachers of organizations engaged in educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work for the salary rate of which is 720 hours per year, the grounds for its change

4.1. For teachers of organizations engaged in educational activities in educational programs of secondary vocational education, the norm of hours of study (teaching) work for the salary rate of which is 720 hours per year, the volume of the annual teaching load is determined based on 10 academic months.

The study load on weekends and non-working holidays is not planned.

4.2. For teachers who are on annual main extended paid leave and (or) annual additional paid leave after the beginning of the academic year, the teaching load is determined based on its volume for the full academic year, with the subsequent application of the conditions for its reduction, provided for in clause 4.4 of this Procedure.

4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.

4.4. In the case when the academic load in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to being on the annual main extended paid leave or on the annual additional paid leave, at training camps, on a business trip, due to temporary disability, a certain for him, the volume of the annual study load is subject to reduction by 1/10 part for each full month of absence from work and based on the number of missed working days for an incomplete month.

4.5. In the case of the actual performance by the teacher of educational (teaching) work on the day the certificate of incapacity for work is issued, on the day of departure on a business trip and the day of return # from a business trip, the study load is not reduced.

4.6. The average monthly wage is paid monthly, regardless of the amount of teaching load performed by teachers in each month of the academic year, as well as during the vacation period, which does not coincide with the annual main extended paid leave and the annual additional paid leave.

4.7. Teachers of organizations that carry out educational activities in educational programs of secondary vocational education, applying the norm of hours of study (teaching) work of 720 hours per year for the wage rate, for which, for reasons beyond their control, during the academic year, the study load decreases compared to the study load, established at the beginning of the academic year, or reduced on the grounds provided for in clause 4.4 of this Procedure, until the end of the academic year, as well as during the holidays that do not coincide with the annual main extended paid leave and annual additional paid leave, wages are paid in the amount established in the beginning of the school year.

V. Peculiarities of determining the teaching load of pedagogical workers who are on parental leave until they reach the age of three years, as well as persons replacing the positions of pedagogical workers for a certain period, part-time or performing other work along with the work determined by the employment contract

5.1. Determination of the teaching load of teachers, lecturers, teachers of additional education, senior teachers of additional education, trainers-teachers, senior trainers-teachers who are on parental leave until they reach the age of three years, is carried out in accordance with chapters I - IV of this Procedure, respectively , and is distributed for the specified period among other pedagogical workers.

5.2. Determination of the teaching load of teaching staff for a certain period is carried out to fulfill the teaching load for the period of replacement of temporarily absent teaching staff, as well as for the period of temporary filling of a vacant position before hiring a permanent employee.

5.3. Determining and changing the teaching load of persons filling the positions of part-time teachers, as well as by filling such positions along with the work determined by the employment contract (including the heads of organizations engaged in educational activities, their deputies, other employees along with their main work), is carried out in accordance with chapters I - IV and of this Procedure.

5.4. Determination of the teaching load for persons replacing the positions of teaching staff along with the work determined by the employment contract is carried out by concluding an additional agreement to the employment contract, which indicates the period during which the educational (teaching) work will be performed, its content, the volume of the teaching load and the size payment.

VI. Determination of the teaching load of pedagogical workers referred to the teaching staff, and the grounds for its change

6.1. To determine the teaching load of teaching staff replacing the positions of the teaching staff (hereinafter referred to as teaching staff), annually at the beginning of the academic year for the structural divisions of the organization carrying out educational activities in educational programs of higher education, additional professional programs (hereinafter in this chapter - the organization) , taking into account the areas of training provided by them, the local normative act of the organization establishes the average volume of the teaching load, as well as its upper limits, differentiated by positions of the teaching staff.

6.2. The teaching load of each pedagogical worker is determined depending on the position he occupies, the level of qualification and cannot exceed the upper limits established for the positions of the teaching staff in the manner prescribed by paragraph 6.1 of this Procedure.

6.3. The teaching load of teaching staff includes the contact work of students with a teacher in the types of educational activities established by paragraph 54 of the Procedure for organizing and implementing educational activities in educational programs of higher education - undergraduate programs, specialist's programs, master's programs, approved by order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 N 1367 (registered by the Ministry of Justice of the Russian Federation on February 24, 2014, registration N 31402) (hereinafter referred to as the Procedure approved by Order N 1367), clause 7 of the Procedure for organizing and implementing educational activities for educational programs of higher education - residency programs , approved by order of the Ministry of Education and Science of the Russian Federation of November 19, 2013 N 1258 (registered by the Ministry of Justice of the Russian Federation on January 28, 2014, registration N 31136) (hereinafter - the Procedure, approved th order N 1258), paragraph 9 of the Procedure for the organization and implementation of educational activities in educational programs of higher education - programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), approved by order of the Ministry of Education and Science of the Russian Federation of November 19, 2013 N 1259 (registered Ministry of Justice of the Russian Federation on January 28, 2014, registration N 31137) (hereinafter referred to as the Procedure approved by order N 1259), clause 17 of the Procedure for organizing and implementing educational activities for additional professional programs, approved by order of the Ministry of Education and Science of the Russian Federation of July 1, 2013 N 499 (registered by the Ministry of Justice of the Russian Federation on August 20, 2013, registration N 29444), as amended by order of the Ministry of Education and Science of the Russian Federation of November 15, 2013 N 1244 (registered by the Ministry of Justice of the Russian Federation on January 14 2014, registration N 31014).

6.4. The time norms for the types of educational activities provided for in paragraph 6.3 of this Procedure, included in the teaching load of teaching staff, are independently determined by the organization and approved by its local regulatory act.

Norms of time for the types of educational activities included in the teaching load of teachers in the implementation of educational programs in the field of training in the interests of defense and security of the state, ensuring law and order in federal state organizations that are under the jurisdiction of federal state bodies specified in part 1 of article 81 Federal Law of December 29, 2012 "On Education in the Russian Federation", are established by the local regulatory act of the organization in agreement with the relevant federal state body.

An academic or astronomical hour is taken as a unit of time according to the established value of the credit unit used in the implementation of educational programs, in accordance with clause 28 of the Procedure approved by order N 1367, clause 17 of the Procedure approved by order N 1258, clause 18 of the Procedure approved by order N 1259.

6.5. The ratio of the teaching load of teaching staff, established for the academic year, and other activities provided for by official duties and (or) an individual plan (scientific, creative, research, methodological, preparatory, organizational, diagnostic, medical, expert, other, including those related to improvement of one's professional level), within the established working hours, is determined by the local regulatory act of the organization, depending on the position of the employee.

VII. Establishment of the upper limit of the teaching load of teaching staff

7.1. Depending on the position held, the teaching load of teaching staff is limited by the upper limit in the following cases:

7.1.1. In organizations engaged in educational activities in educational programs of secondary vocational education, for teachers, the norm of hours of study (teaching) work for the salary rate of which is 720 hours per year, the upper limit of the teaching load is set in the amount not exceeding 1440 hours per academic year;

7.1.2. In organizations carrying out educational activities in educational programs of higher education, the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed by paragraph 6.1 of this Procedure, is set in an amount not exceeding 900 hours per academic year;

7.1.3. In organizations carrying out educational activities under additional professional programs, the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed by paragraph 6.1 of this Procedure, is set in an amount not exceeding 800 hours per academic year.

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* Collection of Legislation of the Russian Federation, 2012, N 53, art. 7598; 2013, N 19, art. 2326; No. 23, Art. 2878; No. 27, Art. 3462; No. 30, art. 4036; No. 48, art. 6165; 2014, N 6, art. 562, Art. 566; No. 19, art. 2289; No. 22, art. 2769, No. 23, Art. 2933; No. 26, art. 3388; No. 30, art. 4263; 2015, N 1, art. 42, art. 53.

In this material, we will consider, as an example of judicial practice, the need to notify the teacher and obtain consent to change the load.

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

When the workload decreases, it is not necessary to obtain the consent of the teacher, however, the employer is obliged to notify him no later than two months before the actual decrease in the workload (paragraph 1.8 of the Procedure).

For example, a senior lecturer at the institute filed a lawsuit to restore violated labor rights, compensate for moral damage and pay wages. The requirements are motivated by the fact that she was not paid for the processing of the completed pedagogical load. In addition, the employer unilaterally changed the norms of the audit workload on the basis of an order with which the plaintiff was not familiarized. The employer also failed to notify her in writing.

The claims have been satisfied.

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

At the same time, the courts sometimes take the side of the teacher and are guided not only by the above Procedure, which does not oblige to obtain consent when the workload is reduced.

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

Actions to reduce the teaching load were declared illegal, the administration of the technical school was obliged to restore the previous workload, as well as pay undercharged and unpaid wages and compensation for non-pecuniary damage.

It is not uncommon for a teacher to express his disagreement with a change in the teaching load, but the school administration changes it anyway. In such cases, the court always takes the side of the teacher.

So, after receiving the 3rd group of disability, the deputy director of the school for educational work, combining this position with the rate of "teacher", the pedagogical load was changed without her consent. When familiarizing themselves with the order to change the teaching load, disagreement was expressed, an additional agreement to the employment contract was also not signed. When issuing the order and drawing up an additional agreement, the employer referred to the recommendations of the individual rehabilitation program, but it does not imply the impossibility of working in the same volume. To protect her rights, the citizen went to court.

The order of the school director to change the teaching load was declared illegal and canceled, since it was issued in the absence of the consent of the employee himself.

The history teacher went to court to challenge the reduction of the teaching load without his consent. The school administration made a change in the teaching load in connection with the return of another history teacher from parental leave.

The school principal's order to change the workload was declared illegal and canceled.

The court motivated its decision by saying that another employee's vacation does not confirm the existence of changes in organizational working conditions that would be the basis for the employer to change the terms of the employment contract determined by the parties.

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

For example, a teacher of the Russian language and literature filed a lawsuit to declare the dismissal order illegal, reinstatement at work, collect wages for the time of forced absenteeism, and compensate for moral damage.

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

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

The claims were denied.

There are also reverse situations. The biology teacher filed a lawsuit demanding that the school principal's order “on pricing” be declared illegal in terms of reducing the plaintiff's teaching load. The claim is motivated by the fact that the plaintiff was notified of the reduction of hours in biology to 5 hours and the offer of 14 hours of biology at home. At the same time, the plaintiff's biology hours were redistributed to other teachers. The school administration justified its actions by reducing hours in the subject and billing. The notification about the decrease in the teaching load was sent after the actual decrease in the plaintiff's workload; no consent was received to change the workload.

The “tarification” order was declared illegal in the disputed part, the school was obliged to restore the violated right of the plaintiff in full.

In resolving the dispute, the court came to the following conclusions. According to the court, the head of the school does not have the right to arbitrarily, in violation of the principle of continuity in teaching subjects in classes, redistribute the teaching load among teachers in the absence of objective reasons. It also has no right to reduce the teaching load of a teacher, while simultaneously increasing the workload of other teachers, especially when a certain amount of teaching load in a subject is released due to the dismissal of one of the teachers. In addition, the court emphasized that the collective agreement directly establishes the agreement with the trade union committee of the order to establish the volume of the teaching load, the evidence of which was not presented.

When charging for the new academic year, you must remember the following basic principles:
any changes in the teaching load are formalized in writing by additional agreements to the employment contract;
reducing the teaching load without the consent of the teacher is allowed only: a) when changing curricula and b) when reducing the number of students or classes;
in all other cases, a change in the teaching load is allowed ONLY by agreement of the parties to the employment contract;
for teachers for whom this educational institution is the main place of work and for whom the rate of 18 hours a week is set for a rate, the workload is maintained and the continuity of teaching academic disciplines is ensured.
Consider typical situations that may arise when distributing the load for the new academic year.

Load increase

An increase in the teaching load is possible only by agreement between the teacher and the administration. Situations when it is possible to increase the teaching load without the consent of the teacher at the initiative of the administration are NOT provided for in Order No. 1601. It MUST be made in writing in the form of an additional agreement to the employment contract.
At the same time, an arbitrary increase in the workload without the consent of the teacher is UNACCEPTABLE, for example, in the event of the dismissal of another teacher and the need to redistribute the freed hours.

Load reduction

As a general rule, reducing the load for the new academic year is possible only by agreement of the parties. For teachers whose normalized part of the workload is 18 hours a week and for whom this school is the main place of work, there is an additional GUARANTEE of maintaining the volume of the workload and the continuity of teaching subjects.
There are two situations where reducing the load is possible without the consent of the teacher:
reduction of hours for the curriculum;
reduction in the number of students or training classes.
The teacher MUST BE notified of the upcoming reduction in the teaching load at least 2 months before the upcoming changes in writing, indicating the reasons for these changes. As mentioned above, there can be two reasons: changing curricula or reducing the number of classes. The fact that the administration has hired a new teacher who needs to be given a teaching load does NOT apply to the reasons why the workload of this teacher is allowed to be reduced without his consent.
It is possible that a decrease in the workload of a specialist teacher is justified by the fact that part of the workload is allocated to him not according to the profile of the disciplines taught, and a teacher with a specialized education was taken for these subjects. For example, a teacher who graduated from a pedagogical university with a degree in biology teacher teaches biology and geography. The administration hires a new geography teacher and gives him a geography watch under the pretext that the first teacher is a biology teacher by diploma, not geography. This situation is a VIOLATION of labor laws ...
Particular attention should be paid to the number of hours of teaching load that the teacher will receive after its reduction. If the number of hours is less than the norm for the rate, for example, 17 hours a week instead of 18 hours, then in this case work in the current academic year will NOT be included in the length of service that gives the right to receive a superannuation pension.
Teachers of grades 1-4, when transferring the teaching of a foreign language, drawing physical education or music to a specialist teacher, SHOULD be provided with additional work to the rate of other types of pedagogical work (teaching in an extended day group, conducting circles or electives, etc.). Other subjects, such as labor lessons, can be transferred to other specialist teachers only with the consent of the teacher.
If, nevertheless, a decision is made to reduce the amount of the normalized part of the teacher's workload due to changes in curricula or the number of classes, then the school administration must fully comply with the rules of Article 74 of the Labor Code of the Russian Federation. In addition to 2 months in advance WRITTEN NOTIFICATION OF THE TEACHER about the upcoming reduction in the teaching load, it is necessary to obtain the WRITTEN CONSENT of the teacher to continue working in the new conditions, and in case of refusal to offer another load available at the school. Violation of this procedure by the school administration can be appealed to the labor inspectorate or to the court.

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

In this case, the administration will be OBLIGED to pay the teacher's work for two months at the rate that was in effect at the time of notification. For example, the teacher was informed in writing about the reduction of the workload from 20 to 18 hours a week on August 28. Thus, the payment for the work of the teacher until October 28 will be carried out at the rate of 20 hours per week (although in fact he will work 18 hours per week). And only from October 29 it is possible to pay for labor at the new rate.

Distributing the workload of a teacher on parental leave

According to Order No. 1601, the workload of a teacher who is on parental leave until the age of three is determined according to general rules, and then distributed among other teaching staff. Therefore, when a teacher returns from parental leave, the workload must be retained for him to the extent that it was at the time of his leaving on leave.
Thus, the current legislation protects teachers from arbitrary changes in the teaching load for the new academic year by the administration of the educational institution. ANY changes must be made WITH THE CONSENT OF THE TEACHER. Situations when load changes are permissible at the initiative of the administration are limited, and the procedure for their application is strictly regulated.

Can the pedagogical load of a teacher of an educational organization of secondary vocational education exceed 1440 hours per year if the employee agrees to establish and fulfill the load in such a volume?

Answer

Answer to the question:

First of all, we note that According to clause 2.8.2 of Appendix 1 to teachers of organizations engaged in educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work is 720 hours per year for the wage rate.

In organizations engaged in educational activities in educational programs of secondary vocational education, teachers, the norm of hours of educational (teaching) work for the salary rate of which is 720 hours per year, the upper limit of the teaching load is set in the amount not exceeding 1440 hours per academic year(clause 7.1.1).

Alexander Zavgorodny,

Associate Professor, Candidate of Yu. PhD, Associate Professor, Department of Labor Law, Faculty of Law

Saint Petersburg State University

Answer: How to set a teaching load for teaching staff
Legal basis: ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF RUSSIA dated December 22, 2014 No. 1601

Order

On the duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract

Appendix 2. The procedure for determining the teaching load of teaching staff, specified in the employment contract

I. General provisions

1.4. The volume of the teaching load established for a teacher is stipulated in an employment contract concluded by a teacher with an organization carrying out educational activities.

1.5. The volume of the teaching load of teaching staff (with the exception of teaching staff replacing the positions of the teaching staff), established at the beginning of the academic year (training period, sports season), cannot be changed in the current academic year (training period, sports season) at the initiative of the employer with the exception of a change in the volume of the teaching load of teaching staff, indicated in, in the direction of its reduction, associated with a decrease in the number of hours according to the curricula, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (set classes).

1.6. The volume of the teaching load of teaching staff (with the exception of teaching staff replacing the positions of the teaching staff), established in the current academic year (training period, sports season), cannot be changed at the initiative of the employer for the next academic year (training period, sports season) with the exception of cases of a change in the teaching load of pedagogical workers indicated in, in the direction of its reduction, associated with a decrease in the number of hours according to curricula, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (set classes).

The study load on weekends and non-working holidays is not planned.

4.2. For teachers who are on annual main extended paid leave and (or) annual additional paid leave after the start of the academic year, the teaching load is determined based on its volume for the full academic year, followed by the application of the conditions for its reduction provided for.

4.3. For teachers hired during the academic year, the volume of the annual teaching load is determined by the number of full months remaining until the end of the academic year.

4.5. In the case of the actual performance by the teacher of educational (teaching) work on the day the certificate of incapacity for work is issued, on the day of departure on a business trip and the day of return from a business trip, the study load is not reduced.

4.7. Teachers of organizations that carry out educational activities in educational programs of secondary vocational education, applying the norm of hours of study (teaching) work of 720 hours per year for the wage rate, for which, for reasons beyond their control, during the academic year, the study load decreases compared to the study load, established at the beginning of the academic year, or reduced on the grounds provided for, until the end of the academic year, as well as during the holidays that do not coincide with the annual main extended paid leave and annual additional paid leave, wages are paid in the amount established at the beginning of the academic year.

VII. Establishment of the upper limit of the teaching load of teaching staff

7.1. Depending on the position held, the teaching load of teaching staff is limited by the upper limit in the following cases:

7.1.2. In organizations carrying out educational activities in educational programs of higher education, the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed, is set in an amount not exceeding 900 hours per academic year;

7.1.3. In organizations carrying out educational activities under additional professional programs, the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed, is set in an amount not exceeding 800 hours per academic year.

7.2. The volume of the teaching load when working part-time with the same and (or) with another employer in the positions of the teaching staff should not exceed half of the upper limit of the teaching load, determined by the positions of the teaching staff in the manner prescribed. Prohibited documents in the personnel service
Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.

If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied court practice and prepared safe recommendations for you.

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