Decree of the Government of the Russian Federation 191. Legislative framework of the Russian Federation

Decree of the Government of the Russian Federation of April 3, 2003 N 191
"On the duration of working hours (the norm of hours of pedagogical work for the rate wages) teaching staff educational institutions"
(as amended February 1, 2005)

According to Article 333 Labor Code of the Russian Federation The Government of the Russian Federation decides:

Establish for pedagogical workers of educational institutions, depending on the position and (or) specialty, taking into account the characteristics of their work, the duration of working hours (the norm of hours of pedagogical work for the wage rate) in accordance with the appendix.

Prime Minister

Russian Federation

M. Kasyanov

Working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions

See the Regulations on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 N 69

The length of working time (norm of hours of pedagogical work for the wage rate) for teaching staff of educational institutions is established on the basis of a reduced working time of not more than 36 hours per week*(1).

Pedagogical workers of educational institutions, depending on the position and (or) specialty, taking into account the characteristics of their work, are established:

1. Working hours:

36 hours a week - for employees from among the teaching staff of educational institutions of higher vocational education and educational institutions of additional professional education (advanced training) of specialists;
30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions additional education children);
36 hours a week: for senior teachers of preschool educational institutions and educational institutions of additional education for children; psychologists, methodologists (senior methodologists), social pedagogues, organizing teachers, industrial training masters, senior counselors, labor instructors of educational institutions; heads of physical education of educational institutions of primary vocational and secondary vocational education; teachers-organizers (basics of life safety, pre-conscription training) educational institutions, institutions of primary vocational and secondary vocational education; instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.

2. The norm of hours of teaching work for the wage rate (normalized part of pedagogical work) * (2), * (3), * (4):

18 hours a week:

teachers of grades 5-11 (12) of general educational institutions (including cadet schools), general education schools- boarding schools (including cadet boarding schools), educational institutions for orphans and children left without parental care, special (correctional) educational institutions for students (pupils) with developmental disabilities, health-improving educational institutions of a sanatorium type for children, in need of long-term treatment, special educational and educational institutions of open and closed type, educational institutions for preschool and younger children school age, educational institutions for children in need of psychological and pedagogical and medical and social assistance, interschool educational complexes, training and production workshops;
teachers of pedagogical schools and pedagogical colleges;
teachers of special disciplines of 1-11 (12) classes of musical, artistic educational institutions;
teachers of grades 3-5 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 5-7 of art schools with a 7-year term of study (children's music, art, choreographic and other schools), grades 1-4 of children's art schools and schools of general art education with a 4-year term of study;
teachers of additional education;
trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children of a sports profile;
foreign language teachers of preschool educational institutions;

20 hours a week - for teachers of grades 1-4 of general educational institutions;

24 hours a week - teachers of grades 1-2 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 1-4 of children's music, art, choreographic schools and art schools with a 7-year term of study;

720 hours per year - for teachers of primary and secondary vocational education institutions.

3. The norm of hours of pedagogical work for the wage rate * (3):

20 hours a week - teachers-defectologists and teachers-speech therapists;
24 hours a week - music directors and concertmasters;
25 hours a week - for educators of educational institutions working directly in groups with students (pupils) who have developmental disabilities;
30 hours a week - for physical education instructors, educators in boarding schools, orphanages, groups extended day educational institutions, in school boarding schools;
36 hours a week - for teachers of preschool educational institutions, preschool groups of general educational institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.

____________________________

*(1) The working time of teaching staff includes teaching (educational) work, educational work, as well as other pedagogical work provided for official duties and working hours, approved in in due course.

Decree of the Government of the Russian Federation of February 1, 2005 N 49 amended this footnote

See footnote text in previous edition

*(2) For teaching work performed with the consent of teaching staff in excess of the established norm of hours for the wage rate, an additional payment is made in accordance with the received wage rate in a single amount in the manner determined by the Ministry of Education and Science of the Russian Federation.

*(3) The norm of hours of pedagogical and (or) teaching work for the wage rate of pedagogical workers is set in astronomical hours.

*(4) For teachers, professors, teachers of additional education of educational institutions, the norm of hours of teaching work includes the lessons (classes) they conduct, regardless of their duration, and short breaks (changes) between them.

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

teachers of grades 1-4 when transferring teaching lessons of a foreign language, music, visual arts and physical culture specialist teachers;

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

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

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

Teachers of general education institutions and teachers of pedagogical schools and pedagogical colleges, whose workload decreases during the academic year for reasons beyond their control compared to the established workload, until the end of the academic year is paid:

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

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

the salary established before the decrease in the teaching load, if it was set below the norm for the rate and if it is impossible to load them with other pedagogical work.

Teachers of institutions of primary vocational and secondary vocational education who, for reasons beyond their control, during the academic year, the teaching load decreases compared to the established workload, until the end of the academic year are paid wages in the amount established during the billing at the beginning of the academic year.

Pedagogical workers must be informed about the decrease in the teaching load during the year and about the additional workload with other pedagogical work no later than two months in advance.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE APPROVAL OF THE RULES

In accordance with part 1.1 of Article 95 federal law"O contract system in the field of procurement of goods, works, services to meet state and municipal needs" The Government of the Russian Federation decides:

1. Approve the attached Rules for changing, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the scope of work, services provided for by contracts, the deadline for which ends in 2016.

Prime Minister

Russian Federation

D. MEDVEDEV

Approved

Government Decree

Russian Federation

CHANGES BY AGREEMENT OF THE PARTIES OF THE PERFORMANCE PERIOD OF THE CONTRACT,

AND (OR) CONTRACT PRICE AND (OR) UNIT PRICE,

WORKS, SERVICES, AND (OR) QUANTITY OF GOODS, VOLUME

WORKS, SERVICES PROVIDED BY CONTRACTS, TERM

WHICH IS COMPLETED IN 2016

1. These Rules determine the procedure for changing in 2016, by agreement of the parties, the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts (including government contracts, municipal contracts, civil law contracts budget institutions for the supply of goods, performance of works, provision of services for the needs of customers, concluded before the date of entry into force of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs"), the deadline for which expires in 2016 ( hereinafter referred to as contracts).

2. Changing the terms of the contracts provided for in paragraph 1 of these Rules is allowed within the limits of the volumes of financial security brought to the customers for the acceptance and (or) performance in 2016 of obligations under the contracts.

3. These Rules apply to contracts with a maturity of more than 6 months, the execution of which, due to circumstances beyond the control of the parties, is impossible without changing their conditions and the subject of which are:

a) supply of goods, performance of work, provision of services included in the lists approved by the federal authorities state power(federal government bodies), the governing bodies of the state non-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos", as well as the most significant federal government agencies science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation, the highest executive bodies state power of the constituent entities of the Russian Federation, local administrations in relation to procurement to meet, respectively, federal needs (carried out by the indicated federal state authorities (federal state bodies), management bodies of state extra-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos" and their subordinate customers , as well as the most significant federal state institutions of science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation), the needs of the subject of the Russian Federation, municipal needs, with the exception of the work specified in subparagraph "b" of this paragraph. At the same time, the price of the contract must exceed 1 million rubles when making purchases to meet federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, and be no more than than 5 million rubles if the contract is concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses, socially oriented non-profit organizations could be procurement participants;

b) construction, reconstruction, technical re-equipment of capital construction projects, including the purchase of equipment included in the estimate of construction, reconstruction, technical re-equipment, and (or) carrying out work to preserve cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific - methodological guidance.

4. These Rules apply to contracts whose currency is the Russian ruble.

5. A change in the terms of the contract, provided for in paragraph 1 of these Rules, is formalized by an additional agreement to the contract, the basis for the preparation of which is a written request from the supplier (contractor, performer) sent to the customer in writing with the rationale for the impossibility of executing the contract without changing its terms due to significant change of circumstances in accordance with Article 451 of the Civil Code of the Russian Federation.

The customer is not entitled to make a decision to increase the price of the contract, the price of a unit of goods, work performed, services rendered without contacting the supplier (contractor, performer) specified in paragraph one of this clause.

6. The customer decides to amend the contract based on:

a) out of the need to execute contracts as a matter of priority, the subject of which is the supply of goods necessary for the normal life support of citizens (food, means for providing an ambulance, including an ambulance specialized, medical care in an emergency or urgent form, medicines);

b) from the need to achieve the results of activities of state (municipal) programs, federal targeted programs or non-program activities (functions, powers) of state authorities (local governments), as well as decisions taken in the prescribed manner on the provision of funds from the budgets of the budgetary system of the Russian Federation for capital investments;

c) from the volume of actually fulfilled obligations stipulated by the contract, as of the date of the decision to amend it;

d) from the amount of financial security approved and brought to the customer for the acceptance and (or) performance in 2016 of obligations under contracts.

7. The customer decides to amend the contract within a period of not more than 30 days from the date of receipt of the documents and information specified in the first paragraph of paragraph 5 of these Rules, and sends the supplier (contractor, performer) a notice of the decision.

8. When preparing an additional agreement to the contract, the customer ensures agreement with the supplier (contractor, performer) of the new terms of the contract.

9. Calculation and justification of changes in the terms of the contract specified in paragraph 1 of these Rules is drawn up in an annex to the supplementary agreement to the contract, which is an integral part of the contract.

10. An additional agreement to a contract concluded in accordance with these Rules may not provide for an increase in the quantity of goods supplied, the volume of work performed or services rendered.

11. Changing the term of the contract is carried out by agreement of the parties within 2016.

12. Price of the contract (with the exception of contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities of the state and municipal property) by agreement of the parties can be increased and is determined within the value calculated by the formula:

Tsnov \u003d (C - Sp) x ICC + Sp,

13. For the purposes of these Rules, federal state authorities (federal state bodies), management bodies of state off-budget funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roscosmos", as well as the most significant federal state institutions of science , education, culture and healthcare, determined in accordance with the legislation of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations or their authorized executive bodies of the constituent entities of the Russian Federation, local governments, respectively, quarterly approve price adjustment indices for each item of goods, works, services (names of groups of goods, works, services) included in the lists provided for by subparagraph "a" of paragraph 3 of these Rules. By the decision of the local administration, to change the prices of contracts, indexes approved by the highest executive bodies of state power of the constituent entities of the Russian Federation or authorized by them executive bodies of the constituent entities of the Russian Federation, on the territory of which the relevant municipalities are located, can be used.

14. The decision of the customer to reduce the quantity of goods, the volume of work performed, the service provided may be taken in accordance with paragraph 6 of these Rules. At the same time, the price of a unit of goods, work, services may be increased in accordance with paragraph 15 of these Rules.

15. The price of a unit of goods, work, services in the case specified in paragraph 14 of these Rules is determined within the value calculated by the formula:

Zed. new \u003d ((K - Sp / Zed) x Zed x ICC + Sp) / K,

K - the amount of goods, the amount of work performed, services provided, provided for by the contract;

Cn - the amount of funds transferred by the customer under the contract;

Zed - the initial price of a unit of goods, work, services provided for by the contract;

PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.

16. The price of the contract in the case specified in paragraph 14 of these Rules, by agreement of the parties, can be changed and is determined within the value calculated by the formula:

Tsnov = Tsed. new x new,

Zed. new - limit value new price unit of goods, volume of work performed, services rendered, determined in accordance with paragraph 15 of these Rules;

Knov - a reduced amount of goods, the amount of work performed, services provided.

17. The change in 2016 of the contract price, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance, is determined within the value , calculated by the formula:

Tsnov \u003d C + Ts16 x (ID16n - ID16) / ID16,

C - the initial price of the contract;

C16 - the volume of payments in accordance with the terms of the contract in 2016;

ID16n - forecast index-deflator "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of the change in the contract;

ID16 - predictive index-deflator "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of adoption of the regulatory legal act on the provision of budgetary funds from the budget of the budgetary system of the Russian Federation for the implementation of an investment project for the construction, reconstruction and technical re-equipment of capital construction facilities, work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.

18. When changing the price of the contract, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, the costs agreed by the customer and contractor , to be included in the consolidated estimate calculation of the cost of construction, should not exceed the current estimated standards for certain types costs approved in accordance with the legislation of the Russian Federation.

19. The highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations, when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, may establish other features for amending contracts in terms of changing the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the scope of work, services provided for by contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction objects, the performance of work to preserve cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, including the use of other indices (coefficients) instead of the deflator indices specified in paragraph 17 of these Rules, which ensure the calculation of the maximum value of the contract price increase.

36 hours is not the norm, but the maximum

Working hours of teaching staff of educational institutions are regulated by articles 92 and 333 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), paragraph 5 of article 55 of the Law of the Russian Federation "On Education" (as amended by the Federal Law of January 13, 1996 No. 12-FZ with subsequent amendments and additions), Decree of the Government of the Russian Federation dated April 3, 2003 No. 191 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions”.

Peculiarities of the working time regime of pedagogical workers are regulated by the Regulation on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69, registered with the Ministry of Justice on July 26, 2006, registration No. 8110 (hereinafter - the Regulation on the features of the working hours).

Federal legislation establishes a reduced working time for teachers - no more than 36 hours per week.

However, in Article 333 of the Labor Code of the Russian Federation, along with an indication of the duration of the working time of pedagogical workers of no more than 36 hours a week, there is a very significant clarification. It states that, depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the duration of working hours is determined by the Government of the Russian Federation.

Consequently, the words “working time is not more than 36 hours” is not a generally established and not mandatory for all teaching staff working hours. This is its maximum norm, which can be established by the Government of the Russian Federation for a teacher holding one position (depending on its name and characteristics of work) or receiving one wage rate.

Taking into account these conditions, the Decree of the Government of the Russian Federation of April 3, 2003 No. 191 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions” (hereinafter - Decree No. 191) establishes either the duration of working hours or the norm hours per wage rate.

The length of working time, which is 30 or 36 hours of pedagogical work per week, is established for the categories of pedagogical workers provided for in paragraph 1 of the annex to Resolution No. 191. The norm of hours for one wage rate, which is 18, 20, 24, 25, 30, 36 hours per week or 720 hours per year, is fixed for the categories of workers listed in paragraphs. 2 and 3 annexes to this decision. For example, 30 hours of working time per week is set for senior educators of all educational institutions, except for preschool educational institutions and children's institutions of additional education.

Working hours of 36 hours a week are set:

Senior educators of preschool educational institutions and children's institutions of additional education;

Psychologist teachers;

Methodists (senior methodologists) of educational institutions;

social educators;

Teachers-organizers;

Masters of industrial training;

senior counselor;

Labor instructors of educational institutions;

Teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;

Heads of physical education of educational institutions of primary vocational and secondary vocational education;

Employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;

Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.

It should also be noted that the remuneration of teachers for whom working hours are established is carried out on the basis of official salaries, and pedagogical workers, for whom the norm of hours per rate is established, on the basis of wage rates.

For teachers, provided for in paragraph 2 of the annex to resolution No. 191, that is, teachers, teachers (except for teachers of universities and IPC), teachers of additional education and trainers-teachers, the norm of hours of teaching work for the rate salary- only a normalized part of the working time, since their job duties are not limited to the performance of teaching work.

After establishing the teaching load for the new academic year for teachers, lecturers, teachers of additional education, trainer-teachers, the normalized part of their working time will be the amount of educational (pedagogical) load established by him, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, circles , sections, clubs and other associations of students.

The amount of remuneration for the teaching load more or less than the norm is subject to a proportional increase or decrease in comparison with the size of their wage rate.

The duration of the normalized part of the pedagogical work of teaching staff is determined in astronomical hours and includes classes, regardless of their duration, and short breaks (changes) between them (footnotes 3 and 4 of the annex to resolution No. 191).

In addition to the teaching load

The salary rate of a teacher is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by the tariff-qualification (qualification) characteristics.

The duties of employees who conduct pedagogical work in addition to teaching work are specified in paragraph 2.3 of the Regulations on the features of the working hours.

The work of teachers, lecturers, teachers of additional education, trainers of teachers, in addition to training sessions, does not have clear boundaries and norms, since it depends on various circumstances.

At the same time, the nature of the above pedagogical work provides that its implementation, as a rule, is carried out not on certain working days of the week, but is calculated for longer periods: for a month, an academic quarter, half a year, an academic year, and therefore such work should be regulated by the relevant work plans and schedules.

Establishing any norms of time for its implementation, artificially increasing working time pedagogical workers in excess of its normalized part related to teaching work are not provided, with the exception of the time limit determined by the Regulations on the special working hours for teachers on duty during the educational process. Pedagogical workers are involved in duty at an educational institution on working days not earlier than 20 minutes before the start of training sessions and not later than 20 minutes after the end of the last training session.

So what do you do during the holidays?

Peculiarities of the working hours of teaching staff are also associated with the presence in most educational institutions of the vacation period established for students. The vacation period that does not coincide with the annual basic and additional holidays of pedagogical workers of educational institutions is working time for them. The duration of their working hours during the autumn, winter, spring and summer holidays established for students, pupils, is not subject to change.

Heads of educational institutions, including sanatorium-forest schools, boarding schools, are not entitled to set teachers during the vacation period the length of working time provided for educators.

During this period, teachers, lecturers (with the exception of teachers of primary and secondary vocational education institutions, as defined in paragraph 4.5 of the Regulations on the peculiarities of the working hours) carry out pedagogical, methodological, as well as organizational work within the normalized part of their working hours. In this case, we are talking about working time corresponding to the established volume of the teaching load or pedagogical work, determined by him before the start of the holidays.

An increase in their working time during the vacation period to perform the work provided for in clause 2.3 of this Regulation is possible only in those cases when the relevant activities or types of work are announced for this period in accordance with the schedules and plans.

If such events and work are not planned for the vacation period, then the involvement of employees conducting teaching work in the performance of pedagogical, methodological, and organizational work during this period is limited to the normalized part of their working time, that is, the number of hours of study load before the start of the holidays.

During the period of work during the autumn, winter, spring and summer holidays of students, the remuneration of teachers, teachers of additional education, trainers-teachers is made at the rate of wages established in the tariffing preceding the start of the holidays.

A different procedure for working during the vacation period is defined for teachers of primary and secondary vocational education institutions due to the fact that the normalized part of their working time is defined as the annual volume of teaching load.

In accordance with paragraph 4.5 of the Regulations on the peculiarities of the working hours, teachers of these educational institutions are involved in the work of methodological commissions, seminars, professional development events, as well as in organizing and holding cultural events, in the work of subject cycle commissions, and completing classrooms , laboratories. During this period, the said employees are paid the average monthly salary.

In a similar manner, the Regulation on the Peculiarities of the Working Time Schedule regulates the working hours of employees of educational institutions during the period of cancellation for students, pupils of training sessions (educational process) for sanitary and epidemiological, climatic and other reasons.

Engagement to work during the vacation period, as well as during the period of cancellation of classes for the above reasons, is carried out on the basis of the relevant administrative documents of the educational institution, which simultaneously determine the duties performed by employees and the work schedule. When drawing up this schedule, with the consent of the employee, the volume of the established weekly study load (pedagogical work) can be scheduled for a smaller number of days per week or month compared to the previously established schedule.

Irina KOPAYEVA, Chief Legal Inspector of the Trade Union's IGO

New edition Art. 333 of the Labor Code of the Russian Federation

For teachers, a reduced working time of no more than 36 hours per week is established.

Depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the length of working hours (standard hours of pedagogical work for the wage rate), the procedure for determining the teaching load specified in the employment contract, and the grounds for its change, cases of establishing the upper limit of the educational the workload of teaching staff is determined by the federal executive body authorized by the Government of the Russian Federation.

Commentary on Article 333 of the Labor Code of the Russian Federation

The rationing of the working time of pedagogical workers is specific. The law establishes:

Length of working time, including teaching (educational) work, educational work;

Other pedagogical work provided for by official duties and working hours, approved in the prescribed manner;

Separate rationing of the actual pedagogical (educational) load. Working hours are determined by the number of hours per week.

The pedagogical (teaching) load, depending on the type of educational institution, is taken into account in hours per week or per academic year.

Part 3 of Article 92 of the Labor Code establishes a reduced working time for all teaching staff. Its duration is no more than 36 hours per week. For senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children), the working time is set to no more than 30 hours a week on the basis of Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions".

For all other teaching staff, the norm of teaching hours is determined:

For teachers of grades 5 - 11 (12), other pedagogical workers of general educational institutions, the norm of hours is determined at 18 hours a week;

For teachers of grades 1 - 4 - 20 hours a week;

For teachers of grades 1 - 2 of schools of general musical, artistic, choreographic education - 24 hours a week;

For teachers of institutions of primary and secondary vocational education - in the amount of 720 hours per year.

The teaching load of a pedagogical worker of an educational institution, stipulated in an employment contract, in accordance with Article 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", is limited to the upper limit. For teachers of educational institutions of secondary vocational education, the teaching load should not exceed 1440 hours per year, based on paragraph 54 model provision on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of March 3, 2001 N 160; for teachers of educational institutions for advanced training, not more than 800 hours in one academic year (clause 32 of the Model Regulation on an educational institution of additional professional education (advanced training) of specialists, approved by Decree of the Government of the Russian Federation of June 26, 1995 N 610). The teaching load of teaching staff of a higher educational institution is established by the educational institution independently. Maximum size it should not exceed 900 hours per academic year, as required by paragraph 77 of the Model Regulation on an educational institution of higher professional education (higher educational institution) of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264. Since the teaching load is set in depending on the qualifications and work profile of the department, universities set the load for professor positions at the level of 400 - 450 hours per academic year, for associate professors - 700 - 720 hours, for assistants - 850 - 900 hours per year.

If the teacher cannot be provided with a full teaching load, he is guaranteed the payment of the wage rate in full, provided that they are loaded up to the established norm of hours with other pedagogical work in the cases provided for in paragraph 2 of Decree of the Government of the Russian Federation N 191.

In educational institutions, study time is determined in academic hours equal to 45 - 50 minutes. The norm of hours of pedagogical and (or) teaching work for the wage rate is determined in astronomical hours, established by Decree of the Government of the Russian Federation N 191.

The norm of working time for pedagogical workers is established for the wage rate. The wage rate for employees of state and municipal educational institutions is determined in relation to the Unified Tariff Scale (UTS). In educational institutions that provide paid educational services, the wage rate corresponding to the norm of working hours is determined on the basis of the wage rate paid from the state or municipal budgets. All other educational activities carried out in excess of working hours are subject to additional payment.

Pedagogical workers are allowed to work outside the established working hours (part-time), including in a similar position, specialty, which is an exception to the rule on internal combination provided for in part 1 of Article 98 of the Labor Code. In addition, in accordance with Article 282 of the Labor Code, the features of part-time work of pedagogical workers can be established, among other things, by the Government of the Russian Federation. In accordance with the order of the Government, the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 established the features of part-time work of pedagogical workers. They are allowed to work part-time 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.

The duration of part-time work may not exceed, under each employment contract, half of the monthly norm of working time, calculated from the established duration. working week determined by agreement between the employee and the employer. In addition, there is no limit to the number employment contracts that an employee can enter into. With the consent of the employer, part-time work is allowed for highly qualified specialists in educational institutions for advanced training and retraining of personnel. The salary at the main place of work is preserved.

The following types of work performed during the main working hours with the consent of the employer are not considered part-time jobs and do not require the conclusion of an employment contract:

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.

Another commentary on Art. 333 of the Labor Code of the Russian Federation

1. The regulation of the working time of teaching staff has its own specifics. The law establishes both the length of working time, including teaching (educational) work, educational work, as well as other pedagogical work, provided for by official duties and working hours, approved in the prescribed manner, and separate regulation of the actual pedagogical (educational) workload. The length of working time is determined by the number of hours per week, and the pedagogical (teaching) load, depending on the type of educational institution, in hours per week or per academic year.

These norms apply to all teachers, and not just teachers of educational institutions.

2. In accordance with paragraph 3 of Art. 92 of the Labor Code of the Russian Federation, the commented article establishes a reduced working time for all teaching staff no more than 36 hours a week. By virtue of Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions" for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children) Working hours are limited to 30 hours per week.

For the rest of the teaching staff, the said Decree determines the norm of hours of teaching work. So, for teachers of grades 5 - 11 (12), other pedagogical workers of general educational institutions, the norm of hours is 18 hours a week, for teachers of grades 1 - 4 - 20 hours a week, for teachers of grades 1 - 2 of schools of general music, art, choreography education - 24 hours a week.

The norm of teaching hours for teachers of primary and secondary vocational education institutions is set at 720 hours per year.

3. In accordance with Art. 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", the workload of a pedagogical worker of an educational institution, stipulated in an employment contract, is limited to the upper limit determined by the standard provision on an educational institution of the corresponding type and type. For teachers of educational institutions of secondary vocational education, the workload should not exceed 1440 hours per year (clause 54 of the Model Regulation on an educational institution of secondary vocational education (secondary specialized educational institution), approved by Decree of the Government of the Russian Federation of March 3, 2001 N 160); for teachers of educational institutions for advanced training - no more than 800 hours per academic year (clause 32 of the Model Regulation on an educational institution of additional professional education (advanced training) of specialists, approved by Decree of the Government of the Russian Federation of June 26, 1995 N 610). The teaching load of teaching staff of a higher educational institution is established by the educational institution independently in the amount of up to 900 hours per academic year (clause 77 of the Model Regulation on an educational institution of higher professional education (higher educational institution) of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264). Since the teaching load is made dependent on the qualifications and profile of the department, universities set the load for professor positions at the level of 400 - 450 hours per academic year, associate professor - 700 - 720 hours, assistant - 850 - 900 hours per year.

4. Teachers who cannot be provided with a full teaching load are guaranteed the payment of the wage rate in full, provided that they are loaded up to the established norm of hours with other pedagogical work in the cases provided for in clause 3 of Decree of the Government of the Russian Federation N 191 of April 3, 2003. (as amended February 1, 2005).

5. The norm of hours of pedagogical and (or) teaching work for the wage rate, established by Decree of the Government of the Russian Federation N 191, is defined in astronomical hours.

6. The norm of working time for teaching staff is established for the wage rate. The wage rate for employees of state and municipal educational institutions is determined in relation to the UTS. For educational institutions providing paid educational services, the wage rate corresponding to the standard of working hours is determined based on the wage rate paid from the state or municipal budgets. Educational activities in excess of the norm of working hours are carried out for an additional fee.

7. Work outside the established working hours (part-time work) is allowed for teaching staff in accordance with the general rules on part-time work. The previously allowed exception to the rules provided for in Part 1 of Art. 98 of the Labor Code of the Russian Federation on internal combination, i.e. the possibility of part-time work, including in a similar position, specialty, is excluded from the commented article. Thus, due to the qualified default of the legislator, pedagogical workers are subject to general rules about compatibility.

In accordance with Art. 282 of the Labor Code of the Russian Federation, the features of part-time work of pedagogical workers can be established by the Government of the Russian Federation. Decree of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" The Government of the Russian Federation instructed the Ministry of Labor and social development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. In accordance with this Decree of the Ministry of Labor of Russia of June 30, 2003 N 41, the features of part-time work of pedagogical workers are established.

The duration of part-time work is determined by agreement between the employee and the employer and cannot exceed, under each employment contract, half the monthly norm of working time, calculated from the established duration of the working week (see paragraph 2 of the commentary to this article). If half of the monthly norm for the main job is less than 16 hours per week, then part-time work should not exceed 16 hours per week. In addition, the number of employment contracts that an employee can enter into is not limited. It is important that the duration of work under each of the part-time employment contracts does not exceed half the monthly norm of working time.

During the main working hours, with the consent of the employer, part-time work is allowed for highly qualified specialists in educational institutions for advanced training and retraining of personnel. At the same time, wages at the main place of work are preserved. In addition, during the main working hours, with the consent of the employer, the following types of work can be carried out, which are not considered part-time jobs and do not require the conclusion of an employment contract:

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;

Management of graduate 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, including employees who are not on the staff of the institution (organization);

Pedagogical work in the same educational institution (with the exception of institutions of higher professional education) with additional payment;

Work without employment position in the same institution or other organization in excess of the monthly norm of working hours according to the schedule, including the management of classrooms, laboratories and departments by pedagogical workers, the teaching work of managers and other employees of educational institutions, the management of subject and cycle commissions, industrial training, the practice of students and other students , duty of medical workers;

Article 334 of the Labor Code of the Russian Federation. Annual basic extended paid leave ›

In accordance with Part 1.1 of Article 95 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the Government of the Russian Federation decides:

Rules
changes by agreement of the parties in the term of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts, the deadline for which ends in 2016
(approved by Decree of the Government of the Russian Federation of March 14, 2016 No. 191)

1. These Rules determine the procedure for changing in 2016, by agreement of the parties, the term for the performance of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts (including state contracts, municipal contracts, civil law contracts of budgetary institutions for the supply of goods, performance of work, provision of services for the needs of customers, concluded before the date of entry into force of the Federal Law "On the contract system in the field of procurement of goods, works, services to ensure public and municipal needs"), the term of which ends in 2016 (hereinafter referred to as contracts).

a) supply of goods, performance of work, provision of services included in the lists approved by federal state authorities (federal state bodies), management bodies of state non-budgetary funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", as well as the most significant federal state institutions science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation, by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations in relation to procurement to meet federal needs, respectively (carried out by the indicated federal state authorities (federal state bodies), governing bodies state off-budget funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom" and their subordinate customers, as well as the most significant and federal state institutions of science, education, culture and healthcare, determined in accordance with the legislation of the Russian Federation), the needs of the subject of the Russian Federation, municipal needs, with the exception of the work specified in subparagraph "b" of this paragraph. At the same time, the price of the contract must exceed 1 million rubles when making purchases to meet federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations when making purchases to meet the needs of the constituent entity of the Russian Federation, municipal needs, respectively, and be no more than than 5 million rubles if the contract is concluded to meet the needs of a constituent entity of the Russian Federation, municipal needs based on the results of tenders, electronic auctions, requests for proposals, in which only small businesses, socially oriented non-profit organizations could be participants in procurement;

4. These Rules apply to contracts whose currency is the Russian ruble.

6. The customer decides to amend the contract based on:

a) out of the need to execute contracts as a matter of priority, the subject of which is the supply of goods necessary for the normal life support of citizens (food, funds for the provision of ambulance, including emergency specialized, medical care in an emergency or urgent form, medicines);

b) from the need to achieve the results of activities of state (municipal) programs, federal target programs or non-program areas of activity (functions, powers) of state authorities (local governments), as well as decisions taken in the prescribed manner on the provision of funds from the budgets of the budget system of the Russian Federation for implementation of capital investments;

c) from the volume of actually fulfilled obligations stipulated by the contract, as of the date of the decision to amend it;

d) from the amount of financial security approved and brought to the customer for the acceptance and (or) performance in 2016 of obligations under contracts.

8. When preparing an additional agreement to the contract, the customer ensures agreement with the supplier (contractor, performer) of the new terms of the contract.

11. Changing the term of the contract is carried out by agreement of the parties within 2016.

12. The price of the contract (with the exception of contracts, the subject of which is the construction, reconstruction and technical re-equipment of capital construction objects of state and municipal property) by agreement of the parties can be increased and is determined within the value calculated by the formula:

13. For the purposes of these Rules, the federal state authorities (federal state bodies), the governing bodies of the state off-budget funds of the Russian Federation, the State Atomic Energy Corporation "Rosatom", as well as the most significant federal state institutions of science, education, culture and healthcare, defined in in accordance with the legislation of the Russian Federation, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations or their authorized executive bodies of the constituent entities of the Russian Federation, local authorities, respectively, quarterly approve price adjustment indices for each item of goods, works, services (names of groups of goods, works , services) included in the lists provided for by subparagraph "a" of paragraph 3 of these Rules. By decision of the local administration, indexes approved by the highest executive bodies can be used to change contract prices

state authorities of the constituent entities of the Russian Federation or authorized by them executive authorities of the constituent entities of the Russian Federation, on whose territory

respective municipalities.

15. The price of a unit of goods, work, services in the case specified in paragraph 14 of these Rules is determined within the value calculated by the formula:

K - the amount of goods, the amount of work performed, services provided, provided for by the contract;

The amount of funds transferred by the customer under the contract;

The initial price of a unit of goods, work, services provided for by the contract;

PPI - price adjustment index, established in accordance with paragraph 13 of these Rules.

16. The price of the contract in the case specified in paragraph 14 of these Rules, by agreement of the parties, can be changed and is determined within the value calculated by the formula:

The limit value of the new price of a unit of goods, the volume of work performed, services rendered, determined in accordance with paragraph 15 of these Rules;

Reduced quantity of goods, volume of work performed, services rendered.

C - the initial price of the contract;

The volume of payments in accordance with the terms of the contract in 2016;

Forecast index-deflator "Investments in fixed capital from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective as of the date of the change in the contract;

Forecast deflator index "Investments in fixed assets from all sources of financing" for 2016 as a percentage of 2015, approved by the Government of the Russian Federation as part of the forecast of the socio-economic development of the Russian Federation, effective on the date of adoption of the regulatory legal act on the provision of budgetary funds from the budget of the budgetary system of the Russian Federation for the implementation of an investment project for the construction, reconstruction and technical re-equipment of capital construction facilities, work to preserve cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with the exception of scientific and methodological guidance.

18. When changing the price of the contract, the subject of which is the construction, reconstruction and technical re-equipment of capital construction facilities, the performance of work to preserve cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with the exception of the scientific and methodological guidance, the costs agreed by the customer and contractor , to be included in the consolidated estimate calculation of the cost of construction, should not exceed the current estimated standards for certain types of costs, approved in accordance with the legislation of the Russian Federation.

Document overview

The rules for changing, by agreement of the parties, the term for the execution of the contract, and (or) the price of the contract, and (or) the price of a unit of goods, work, services, and (or) the quantity of goods, the volume of work, services provided for by contracts, the execution period of which ends in 2016 G.

The rules provide for the possibility of change by agreement of the parties essential conditions contracts in relation to contracts, the execution period of which is more than 6 months and the execution of which, due to circumstances beyond the control of the parties, is impossible without changing their conditions.

A change in the terms of the contract is formalized by an additional agreement to it. The basis for the preparation of such an agreement is the written request of the supplier sent to the customer with the justification for the impossibility of executing the contract without changing its conditions due to a significant change in circumstances.

The customer is not entitled to make a decision to increase the price of the contract, the price of a unit of goods, work performed, services rendered without the supplier's request.

Federal state bodies, the highest executive bodies of state power of the constituent entities of the Federation, local administrations approve lists of goods, works, services for which it is possible to change the terms of the contract in relation to procurement to meet federal, regional and municipal needs, respectively.

In this case, the price of the contract must exceed 1 million rubles. when purchasing for federal needs, the amount established by the highest executive bodies of state power of the constituent entities of the Federation and local administrations when purchasing to meet regional and municipal needs.

Changes in the terms of contracts are allowed within the limits of the volume of financing brought to customers for the adoption and (or) performance in 2016 of obligations under contracts. Changes in the terms of execution of contracts are carried out by agreement of the parties within 2016.

Decree of the Government of the Russian Federation 191. Legislative framework of the Russian Federation

Commentary on Article 333 of the Labor Code of the Russian Federation

Another commentary on Art. 333 of the Labor Code of the Russian Federation

Document overview

Read also

Reduction of commodity surpluses

What can be rewarded for employees: what should be the wording of the reason for bonuses About the methods and types of incentives by department

Rational proposals Rational proposal on mechanics examples

THE BELL