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 teaching staff 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 to the upper limit in cases provided for model provision about 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. Fulfillment by teaching staff certain types works listed in clause 2 of Decree N 41 is not considered part-time and does not require the conclusion of a separate employment contract.

Not a combination:
- pedagogical work on conditions hourly pay in the amount of not more than 300 hours per year (clause "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 general education, 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 other children's institution in excess of the established norm of hours of pedagogical work for the rate wages pedagogical workers, as well as accompanists, accompanists for the training of artists (clause "h", clause 2 of Resolution No. 41).
The performance of such work is allowed during the main working hours with the consent of the employer in the same institution in which employees work at their main place of work, without registering an internal part-time job. 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 dated December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the salary rate) of pedagogical workers" established 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. For a music director at his main job, half of the monthly norm of working time is 12 hours a 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). Limits on hours of work established labor law, do not work 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 day of the 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.

Pedagogical workers, like other working citizens, have the right to receive additional work on. For this category of citizens, there are no restrictions on finding additional sources of income. If the teacher has free time and a physical opportunity for additional work, he can get the status of a part-time job.

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

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

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

Teachers can get a part-time position both in one institution and in several, if such type of employment is possible (there is free time). Moreover, they can occupy both a position similar to the main workplace, and engage in activities of a different kind.

A number of conditions are put forward for the duration of the working day (it is established in accordance with a joint agreement with employers):

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

If the teacher, with the consent of the management, is engaged in professional activity in the center of advanced training during the main working hours, he retains the full salary at the main place of work.

At the same time, a number of works cannot be classified as part-time jobs.

It:

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

Features and ability to work

Also, restrictions are set for directors employed in state or municipal institutions. These persons are allowed to combine only the main and scientific activities.

As for non-state educational institutions, they are managed board of trustees or founders. Obtaining permission for a combination of directors depends on the listed management bodies. Such permission is not required only in one case - if the director is the sole founder. In this case, he can independently make any decision convenient for him regarding the features labor activity.

Educators, along with teachers, have the right to seek an additional job.

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

Also, educators have the right to work with several employers at once (at).

Employees of universities, according to labor legislation, have certain benefits in the field of additional labor activity.

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

Teachers have common rights with working citizens to obtain an additional job both within the same institution and with another employer.

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

If a teacher has additional employment within the same educational institution, paid additionally, he does not need to look for an additional part-time job.

Salary

Pedagogical workers who work part-time have the right to all social and additional payments laid down by law and established by local documents.

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

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

For teachers and educators involved in public institutions an opportunity to improve qualifications at an additional place of work.

After that, the accrued for this position will increase. We are talking about certification for the second, first and highest category.

The nuances of granting leave

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

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

If the vacation period at an additional workplace is shorter, the employer is obliged to issue additional days without payment (at his own expense). This will allow you to compare both holidays in duration. But at the same time, you cannot increase the vacation period at the main workplace!

Duration is largely determined by the type of activity of the teacher:

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

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

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

sick leave

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

This rule is laid down in the Social Security Act. Any citizen officially employed (with the conclusion of an agreement) has the right to receive monetary compensation for the period spent at home on sick leave or for the period of treatment in the hospital.

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

This rule is due to the fact that the calculation of payments is made taking into account the last two years of continuous labor activity.

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

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

PAYMENT OF THE TEACHER - EXTERNAL PART-TIME WORKER

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

When hiring a part-time teacher, first of all, it is necessary to properly formalize an employment relationship with him. The right to work part-time is granted to every citizen by the Labor Code. According to Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude labor contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The Labor Code of the Russian Federation gives the right to conclude employment contracts for part-time work with an unlimited number of employers, while the employment contract must indicate that the work is part-time.

Recruitment

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

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

Recognized as incompetent in the established federal law okay;

Those who have diseases specified in the list approved by the federal executive body responsible for the development of state policy and legal regulation in the field of healthcare.

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

When making labor relations with a part-time teacher, one should also be guided by the Decree of the Ministry of Labor of Russia dated 06/30/2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." By virtue of this document, pedagogical workers have the right to carry out part-time work - to perform 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, profession, and in cases where a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation).

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

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

For pedagogical workers (including trainers-teachers, trainers) who have 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.

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 regular working hours with the preservation of wages at the main place of work.

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

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

The 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;

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

Work without employment position in the same institution and in another 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, leadership 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, etc.;

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 artists;

Work on organizing and conducting excursions on an hourly or piece-rate basis without occupying a regular position.

The performance of these types of work is allowed during the main working hours, but with the consent of the employer.

Compensation for part-time worker

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

When establishing persons working part-time with time wages, standardized tasks, wages are paid according to end results for the amount of work actually done.

Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account such coefficients and supplements.

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

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

The question often arises: how many hours of teaching load can be set and, accordingly, paid to a part-time teacher? To answer it, let's turn to Decree of the Ministry of Labor of Russia N 41. It says that the duration of part-time work for a month for teaching staff cannot exceed half the monthly norm of working time calculated from the established working week, and for those workers who half of the monthly norm of working time for the main job is less than 16 hours per week - 16 hours of work per week. According to Art. 333 of the Labor Code of the Russian Federation, the working time for teachers is no more than 36 hours per week. Based on this, the working hours of part-time teachers cannot exceed 18 hours per week.

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

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

Vacation of a part-time teacher

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

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

When granting leave, teachers should be guided by Art. 334 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of 01.10.2002 N 724 "On the duration of the annual basic extended paid leave provided to teaching staff", according to which the duration of the leave of teachers is 42 or 56 calendar days (depending on the type of educational institution and the position held).

Termination of employment

with an assistant teacher

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

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

Magazine editor

"Educational institutions:

accounting and taxation"

Signed for print

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 his free time from his 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 peculiarities 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 of 30.06.2003 N 41. The duration of part-time work of pedagogical workers who have half 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 dated 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 pedagogical workers in accordance with Appendix N 1 to the Order of the Ministry of Education and Science of Russia dated 12.22.2014 N 1601 For more information, see " Working time pedagogical workers" 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). AT educational institutions hourly wages for part-time workers are practiced. At the same time, in areas where regional coefficients and wage supplements are established, the remuneration of part-time workers is made 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 institutions of primary or secondary vocational education, 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 teachers 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 payment in the same educational institution in excess of the established norm of hours of pedagogical work for the wage rate, including hours of replacement of pedagogical workers 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 of 06/30/2003 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, along with the stipulated by the employment contract labor function additional work (indicate 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.

V. V. Egorov, payroll consultant
social benefits and their taxation

Journal "Accounting in Education" No. 11, November 2012

The Law on Education does not restrict the right of a teacher to work part-time in other educational institutions. But not all types of pedagogical work are recognized as part-time jobs.

The nuances of the work of a part-time

Features of the work of persons working part-time are regulated by Chapter 44 of the Labor Code of the Russian Federation. At the same time, Article 282 of the Labor Code of the Russian Federation determines that for teaching staff Additional features regulation of their work. In this regard, the Ministry of Labor of Russia issued a resolution of June 30, 2003 No. 41 "On the features of part-time work ...".

Teachers have the right to work part-time at their main place of work or in other organizations, including in a similar position, specialty, profession. But at the same time, the duration of part-time work for teachers (including trainers-teachers or trainers) should not exceed half of the monthly norm of working time, calculated from the established duration of the working week. And for teachers who have half the monthly norm of working time for their main job is less than 16 hours a week - 16 hours of work per week.

Part-time payouts

An external part-time teacher must be paid monthly monetary compensation in order to facilitate the provision of book publishing products and periodicals, established by paragraph 8 of Article 55 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education". Indeed, Article 287 of the Labor Code of the Russian Federation determines that the guarantees and compensations provided for by labor legislation and other regulatory legal acts are provided to persons working part-time in full.

And what about the departure of external part-time teachers - teachers in maternity leave? The difficulty is that until the end of 2012, a woman has the right to choose the procedure for calculating benefits for pregnancy and childbirth, however, the chosen procedure should be the same regardless of the number of insurers who assign and pay benefits. The FSS of Russia, in a letter dated May 24, 2012 No. 15-03-14 / 12-4664, said that the employer has the right, when accepting an application for the appointment and payment of benefits from an employee who is an external part-time worker, to contact another employer and find out what procedure for calculating benefits selected for another job.

When there is no partnership

It should be borne in mind that for teachers it is not considered part-time work and does not require the conclusion (registration) of an employment contract:

- on the terms of hourly payment in the amount of not more than 300 hours per year;

- in the same institution (general education, primary or secondary vocational education, additional education for children, as well as in a preschool educational or other children's institution) with additional payment;

- without holding a full-time position in the same institution and other organization, including the performance of duties in managing classrooms, laboratories and departments, teaching work of employees of educational institutions, leadership of subject and cycle commissions, work on the management of industrial training and practice of students and other students;

- in the same educational institution or other children's institution in excess of the established norm of hours of pedagogical work for the salary rate.

Important to remember

During the holidays, the work of teachers from among part-time teachers is paid in the usual way, if they perform during this period pedagogical work. Such an explanation was given by the Ministry of Education of Russia in a letter dated April 3, 1998 No. 20-53-1053 / 20-4.