Methodical teacher's day according to the new law on education in the Russian Federation. Working and non-working hours of a teacher: in what mode does a teacher work? Does the teacher have a methodological day?
Teacher's working hours
Teacher's working hours
Working under an employment contract guaranteed
working hours established by federal law.
Constitution of the Russian Federation, art. 37
In the most general form, the answer to all these questions can be as follows.
Working time is “the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform job duties.” For teachers, this time (including all types of work performed by the teacher - not only at school, but also when preparing for lessons at home!) cannot exceed 36 hours. This is the maximum, not the norm! This is stated in the Labor Code and the Law “On Education”. We must also remember that for all employees there is one general standard - 40 hours a week.
The upper limit of teaching workload for teaching staff is not limited by law. According to clause 66 of the Model Regulations on a General Education Institution, the volume of teaching workload of teaching staff is established based on the number of hours in the curriculum and training programs, staffing levels, and other working conditions in a given general education institution. There is a lower limit - the norm of hours of teaching work per wage rate. Without the consent of the teacher, the employer can reduce his workload only to the rate (teaching load established at the conclusion of the employment contract). Moreover, if the director in the current academic year cannot provide the teacher with the teaching load established for him, he is obliged to maintain the teacher’s salary not lower than the established norm for the rate. At the same time, the working hours of teachers who cannot be provided with a full teaching load are guaranteed payment of the wage rate in full is determined taking into account their additional workload to the established standard of hours with other teaching work. offer him other types of work (clubs, electives, individual lessons), the scope of which is regulated by the educational institution. Speaking about reducing the teaching load, it is important not to forget that the volume of teaching load (teaching work) established at the beginning of the academic year cannot be reduced at the initiative of the administration during the academic year, as well as in the next academic year, except in cases of reducing the number of hours according to the curriculum and programs, reducing the number of classes (extended day groups). When establishing the teaching load for the new academic year, teachers and other teaching staff for whom this general education institution is the place of their main work, as a rule, maintain its volume and continuity of teaching subjects in classes.
In principle, the teacher has the right to teach as many classes as he likes. It must be remembered that the rate in no regulatory act is equal to the above-mentioned 36 hours of total working time. A proportional increase in the total amount of working time with a load exceeding the rate, for example: “You have 24 hours of workload, which means you must work 48 hours in total” is absolutely illegal.
Main legal conflict
The current legislation, while establishing a teacher's working time as 36 hours a week, does not adequately prescribe the mechanism for recording this working time. This mechanism should have been, in accordance with Art. 333 of the Labor Code, is prescribed in special decrees of the Government of the Russian Federation. But the current working time regulations only confuse the issue. In accordance with these regulations, the reader’s entire working time is divided into two parts: “standardized teaching work” (that is, lessons directly, the number of hours for which is easy to determine from the time sheet and work schedule) and “irregular teaching work carried out during working hours.” time, which is not specified by the number of hours.”
It is clear that it is precisely because of these irregular parts that most conflicts arise. What exactly and how many hours should a teacher do, besides actually teaching? The Resolution talks about “job responsibilities stipulated by the charter of the educational institution, internal labor regulations, tariff and qualification (qualification) characteristics, and is regulated by schedules and work plans, incl. personal plans of a teaching worker.” And this is, perhaps, the only case in the legislation that at least somehow mentions the process of accounting for the part of a teacher’s work that is not specified in terms of the number of hours.
Particularly interesting here is “including”. It is unlikely that in any other field working hours are determined by the personal plans of the employee. Appealing to the teacher's conscience instead of paying him is a specific Soviet invention that also works in Russian schools.
What does teaching work include that is not specified in terms of the number of hours? Resolution No. 191 and Order No. 96 list so many duties that it is impossible to fulfill them in principle. This includes participation in methodological meetings and parent-teacher meetings, conducting health and educational activities, consulting parents, studying family circumstances and living conditions of students, being on duty at school, etc. We are not talking about preparation for lessons, which constitutes a significant part of teaching work. And all of these are “regular duties,” that is, the teacher does not receive a penny for these types of work.
It turns out that everything depends on how exactly the range of these responsibilities will be defined in the documents of a particular school. In one school, the director will issue an order on daily mandatory “five minutes”, in another - on the presence of all teachers at their workplaces until a certain hour. There is no legally established list, which means any arbitrariness on the part of the employer is possible.
Even the so-called methodological days (“days of the week free for teaching staff conducting teaching work from conducting scheduled classes”) are not guaranteed by law - everything depends on the schedule makers, that is, on the school administration.
We believe that since there is criminal liability for the use of slave and forced labor in the Russian Federation, there should not be such a thing as “a part of the teaching work of an employee conducting teaching work that is not specified in terms of the number of hours.” Any work activity must have strict limits on the number of hours and, in our opinion, it is necessary to strictly take into account every hour worked by the teacher.
Teaching staff are guaranteed reduced working hours – 36 hours per week. For teachers of grades 5 - 11 of general education institutions, the standard hours of teaching work per salary rate is 18 hours. We subtract 18 from 36 hours and get 18 hours, the so-called “unspecified part”. Accordingly, for teachers of grades 1–4 of general education institutions it is 16 hours.
The “unspecified part” can be more than 18 hours only with the consent of the employee. It can be less than 18 hours if the teacher does not have 18 teaching hours, but, for example, 24 (36-24 = 12), and also if local regulations approve a work schedule that does not require staying at the workplace for 6 hours every day. Let us emphasize once again that this does not in any way affect the teacher’s salary. This conclusion can also be indirectly confirmed by the fact that the right to early assignment of an old-age labor pension to persons engaged in teaching activities arises subject to the fulfillment of the standard working time established for the wage rate, that is, at least 18 hours a week.
More clearly, taking into account the interests of the teacher, issues related to part-time work, work during the holidays and during periods of cancellation of classes for sanitary-epidemiological, climatic and other reasons are spelled out.
For teachers who cannot be provided with a full teaching load and guaranteed payment of wages in full, the administration is obliged to fill up the established hours with other teaching work. This can be work in an extended day group, club work, work to replace absent teachers, conducting individual lessons at home, performing partially or fully work on class management, checking written work, extracurricular work in physical education and other pedagogical work.
The working hours of all employees during the holiday period are regulated by local acts of the educational institution and work schedules indicating their nature. During the holidays, teachers carry out pedagogical, methodological, and organizational work within the normalized part of their working time, determined by them before the start of the holidays. The same rule applies to teachers providing individual instruction to children at home. So the requirement to work 36 hours a week during holidays is illegal.
Periods of cancellation of classes for sanitary-epidemiological, climatic and other reasons are considered working time, similar to work during the holidays.
The wording about the so-called “windows” is very important:
“When drawing up lesson schedules, an educational institution is obliged to eliminate the irrational expenditure of time of teaching staff conducting teaching work, so that their continuous sequence is not disrupted and long breaks do not occur, which are not the working time of teaching staff.”
As for the work of the class teacher, now there is no regulation of his working hours at all. Because of this, it is impossible to “add up” the teacher’s working time as a subject teacher with his working time as a class teacher and make sure that there is a significant excess of working time - not only 36, but also forty hours a week!
Thus, we can conclude that the issue of recording the entire working time of a teacher at the legislative level has been poorly resolved. A gross violation of the requirements of Art. 91 of the Labor Code of the Russian Federation: “The employer is obliged to keep records of the time actually worked by each employee.” Even if the school director wants to honestly keep track of working hours, he will not be able to be guided by the above-mentioned regulations - he will have to develop his own accounting system.
It is precisely because of the imperfection of the regulatory framework that, judging by numerous surveys, the average working time of a teacher now ranges from 40 to 65 hours a week.
Major violations by employers
- Equating the rate to a full working week for workers in other industries.
- During the holidays, there is a requirement to be present at school in excess of the academic load.
- On pre-holiday days – refusal of shortened working hours.
- Not taking into account obvious overtime (working around the clock while traveling, excursions on weekends, long extracurricular activities).
- Incorrect recording of real working time or refusal to take it into account at all.
Methods of protection
Based on the degree of complexity of protection, these situations are divided into three groups.
No. 1-2 are obvious arbitrariness and deception on the part of the employer, so there is no need to do anything special here - just clearly explain to the director that his employees are legally literate people. If the director does not change his illegal demands, there is a direct path to the labor inspectorate and (or) the prosecutor’s office.
Solving situation #3 is also easy. On the one hand, teachers are subject to the norms of the Labor Code, including Art. No. 95: “The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.” On the other hand, it is hardly always possible to shorten the pre-holiday school day by one lesson. Parents may disagree with this: where will their children go after school? It is easier to get an order from the school administration that on the day before the holiday, teachers have the right to leave work immediately after lessons. This does not mean that we suggest that teachers not hold any holiday events - but let it either be a manifestation of the goodwill of the teachers themselves, or be taken into account (paid) as additional work.
Situation #4 is not so obvious. To receive any form of compensation for overtime work with children outside of school, you need to discuss a lot with the director in advance. It is not for nothing that Resolution No. 191 states that “the working hours of these employees are established taking into account the work they perform and are determined by the internal labor regulations of the educational institution, work schedules, and the collective agreement.” Firstly, the order for the trip (trip) must record the full time of the teacher’s responsibility for the life and health of children (that is, the time of his work). It should be clear from the text of the order that this trip is not a personal whim of the teacher, but part of the planned educational work of the school. It is absurd to carry out something on your own initiative and then demand payment for it. Secondly, it is necessary to record in advance in writing the form in which the teacher will receive remuneration for overtime work or for working on a day off. There are two options: monetary compensation or time off. The latter is easier for the school, so the director usually agrees to time off during the holidays. Let us remind you once again that a written order from the employer is required, with which the teacher can go to court.
As for situation No. 4, a serious conflict is inevitable here, which one teacher - without the support of colleagues - is unlikely to be able to resolve. After all, the interests of employee-teachers and the employer-director in this matter are opposite. With the current funding, the director is forced to try by all means to reduce the paid part of teachers’ working time and increase the unpaid part - otherwise the school simply will not survive. On the other hand, workers are interested in the most accurate recording of all types of their work. (We are not considering here the situation where time tracking is unprofitable for a slacker teacher who is quite happy with the current confusion.)
The following requirements of teachers, included in the collective agreement and local regulations, could be the minimum:
Unfortunately, all these measures can only apply at the level of a specific school. Frauds with working time will continue until a new government decree is issued on recording the working time of teaching staff, abolishing the very current division into normalized and non-standardized parts. A similar Resolution for university teaching staff already exists. But this is already an all-Russian problem, which can only be solved if there is a powerful teachers’ movement.
All of the above is not a call for teachers to formally fulfill their duties: work, they say, from now to now. We understand perfectly well that in pedagogy not everything can be accurately accounted for. However, only he himself, and not his employer, should determine what exactly a teacher is willing to do for free.
Part 1 of Article 333 of the Labor Code of the Russian Federation
Clause 5 of Article 55 Law of the Russian Federation of July 10, 1992 N 3266-1 “On Education”.
It is not the academic hour that is paid (40 or 45 minutes depending on the school charter), but the astronomical one, so it is incorrect to consider breaks as teacher rest time.
Clause 2 of the Decree of the Government of the Russian Federation of 04/03/2003 N 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff.”
Clause 2.5 “Regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions”, approved. by order of the Ministry of Education and Science of Russia dated March 27, 2006 No. 69.
Clause 66 of the Model Regulations on a General Educational Institution, approved. Government Decree No. 196 dated March 19, 2001.
Decree of the Government of the Russian Federation of April 3, 2003 No. 191 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” (taking into account changes made by Decrees of the Government of the Russian Federation of February 1, 2005 No. 49, dated June 9 2007 No. 363 (hereinafter referred to as Decree of the Government of the Russian Federation No. 191. Regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions (approved by order of the Ministry of Education and Science of Russia dated March 27, 2006 No. 69).
Clause 4 “Rules for calculating periods of work giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”,” approved. Decree of the Government of the Russian Federation of October 29, 2002 No. 781.
TK, art. 99. Overtime
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period. The employer is required to ensure that each employee's overtime hours are accurately recorded.
Therefore, not “...permit the holding...”, but “... in accordance with the school’s action plan, assign responsibility...”
teacher-prof.org
Rights and responsibilities of teachers at school according to the law
Parents of students often wonder about the relationship between the teacher and his students. In the Russian Federation, the pedagogical segment operates on the basis of a professional charter, which has federal significance. Therefore, education workers - teachers carry out their activities in accordance with its provisions.
What rights and formal responsibilities school teachers have will be discussed below.
What rights does a teacher have at school in 2018?
In any educational organization, a proper education program implies the following preferences for school teachers:
- receive commensurate monetary remuneration, according to existing qualifications;
- have all the basic conditions for the provision of educational services;
- count on assistance in organizing the educational process from the head of the school;
- enjoy all social and material guarantees calculated by law for the budget category;
- receive allotted leave in accordance with the work schedule.
- no offensive remarks should be made;
- exert physical influence;
- put in a corner;
- expel from the classroom;
- take away (even during the lesson) personal belongings - phones, toys, players, and other devices;
- shouting while withdrawing from the educational process;
- show a personal attitude towards the child, bypassing the educational process.
- A specialist does not have the right to do these actions in any school in the Russian Federation.
- work to transfer knowledge within the scope of their qualifications;
- evaluate the efforts, diligence, and other qualities of students only according to objective criteria;
- do not use any subjective knowledge assessment schemes;
- in case of violations, do not take independent actions;
- beyond the boundaries outlined in the job description, and immediately contact the management of the conditional school.
Does a teacher have the right to kick a student out of class?
Such a right in relation to a teacher is not enshrined anywhere. If a student systematically violates discipline or interferes with the educational process through his actions, then the school teacher in these cases will not be able to expel him from the class. This is a violation of the formal job description, which may result in sanctions against the specialist.
Instead of expelling a student from the class, thereby disrupting the educational order, the specialist should call the school management into the class, who will definitely find ways to solve the problem described. Independent educational measures are not allowed here.
Read about the curfew in St. Petersburg for minors at the link:
Does a teacher have the right to take away a student’s phone?
Relationships should formally be built on the basis of professional teaching ethics. A school teacher, especially in primary school, must understand that he will have to work in not the easiest conditions. But despite this, it is impossible to apply independent measures of influence towards students. This is stated in the dispositions of methodological recommendations numbered 351-FZ (MoD November 2016). Therefore, you cannot take your phone away, even during class.
In this regard, parents are wondering whether a teacher has the right to take away a student’s phone, does the article provide for liability for this action? First of all, there is no such article. Secondly, the teacher must contact the school management with a description of the current problem.
Is it legal to raise your voice at students?
Parents are also wondering if a teacher has the right to raise his voice at a student? Unlike other grounds, this should not be treated too categorically. If a specialist shouts at a child during the educational process, without getting personal and without direct insults, then this will not be considered a violation.
What does a teacher have no right to do in relation to a student?
Actions that are unacceptable within any school are expressed as follows:
Responsibility for insulting a student
Such liability may consist of a one-time disciplinary action. If these violations are already systematic, then the law in this case implies liability in the form of direct expulsion from the school staff.
Therefore, the question as to whether a teacher has the right to insult a student in front of the whole class is in itself inappropriate. Direct insults towards a student are not allowed either in private or in front of the whole class.
Responsibilities of a teacher at school under the new education law
The relevant law (351-FZ) underwent the latest changes in November 2016.
In accordance with them, teachers, as part of their formal activities, bear the following conditional responsibilities:
Teacher's working hours
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Teacher's working hours
What are educational activities and teaching load? Is 36 hours a week a lot or a little?
Tamara Lyalenkova: Today we will talk about the features, as written in the order of the Ministry of Education, of the working hours and rest periods of teaching and other employees of educational institutions. The fact is that the administration of some schools, and not only in the capital, began to require teachers to be present at school for 36 hours a week, that is, 7 hours and 20 minutes a day. As you know, teaching activities are not limited solely to the presence of a teacher in the classroom, and the new rules break the usual working hours of teachers.
In the Moscow studio - teacher at the Education Technology Education Center, member of the Teacher trade union Irina Kantorovich; Moscow school teacher Irina Chekmysheva; Director of the Legal Support Center "Profzashchita" Sergey Kandrikov. And via Skype from the Leningrad region - a teacher at the Lisinsky Forestry College Olga Tishler.
Before talking about the legal side of the matter, I would like to ask you to explain this very specificity of the teacher’s work, which is divided into two parts - lesson and pedagogical.
Irina Kantorovich: I wanted to say so that those who do not work as teachers understand that it has always been like this in both Tsarist and Soviet Russia, and even recently in Russia it was like this. The teacher knew that he needed to teach lessons according to the schedule, he needed to participate in the teachers' council, in the method council, maybe take part in a parent-teacher meeting, and if he no longer had any additional paid responsibilities, this was his main job. How he prepares for lessons, when he checks notebooks, when he engages in self-education - this is his personal business, no one has ever asked him about this. It was enough that he conducts his lessons well - it means that he prepares well for them and is engaged in self-education.
A few years ago, a completely fantastic phenomenon began to happen. In many schools, some schools have this, some don’t, regardless of how long the teacher works, what his workload is, what his salary is, the administration says: all teachers should be in the school, as office workers, 36 hours a week. It is clear that this is completely illegal, and here I must talk about how a teacher’s salary is determined.
Tamara Lyalenkova: About salaries a little later, but I want to ask Irina Chekmysheva how work is structured in an elementary school.
Irina Chekmysheva: Our job is exactly the same. We check a lot of notebooks; in elementary school we have to check notebooks every day. And our work consists of lessons, checking notebooks, class management, because in elementary school all the class teachers, well, and some kind of methodological work and work on self-education, which, as Irina rightly said, is not necessarily within the walls of the school carry out, and it will be even better to do it in another place - in a museum, at a lecture, at a seminar, and so on.
Tamara Lyalenkova: Is there any clear relationship between these parts - office hours and those things you do outside of school?
Irina Chekmysheva: This is probably why working with notebooks is not standardized, because every day is different. It happens that we can do this in 10 minutes, but sometimes we sit for five hours if it is some serious work, maybe diagnostic. It’s the same with class management, working with parents - today nothing happened, everything is fine, but tomorrow something happened that needs to be sorted out, and you sit and correspond with your parents until 10 o’clock in the evening.
Tamara Lyalenkova: Such an exam for elementary school is coming, and in Moscow many special test papers are coming from the department testing the lower grades. You check them too, Irina, this is also your workload.
Irina Chekmysheva: Of course, we do not check the work that the centers evaluate, but we prepare children for these works. A test is a special thing where you need to prepare for the procedure. Therefore, naturally, our children write tests, and we check them.
Tamara Lyalenkova: Olga, you are a college teacher, maybe the teaching load is distributed differently there?
Olga Tishler: We don't have any big differences from school. We also have a teaching load when we give lessons, and other teaching teaching work. We check notebooks, practical work, laboratory work, they can be quite lengthy. We have methodological work, we must write work programs, calendar and thematic plans. We must participate in meetings and teacher councils. We also have great leadership when we work with both parents and children. The difference between us is the unevenness of the load. If a school teacher, say, has a workload of 18 hours a week for a whole year, then we can have 10 hours of lessons one week, and 40 hours of lessons another week. Because we have training sessions, we have practices, we have thesis defenses, correspondence students come to us, they study on Saturdays and Sundays, on holidays. Therefore, on average, a teacher is given 18 hours per week per salary, but our calculation is for a year - 720 hours per year. And so we have educational work and additional work, which is not specified in terms of the amount of time, but which we must do.
Tamara Lyalenkova: We presented experiences from elementary school, middle school, and college. Are there any legally approved standards for different levels of school or some general ones?
Sergey Kandrikov: A teacher’s working time consists of a standardized and non-standardized part, and this is written down in Order No. 69 of the Ministry of Education “On the peculiarities of the working time of teaching staff.” The regulated part for teachers is 18 hours a week - the norm for hours of work per salary; for secondary specialized educational institutions - 720 hours per year. This is the only difference. The regulated part is regulated by the schedule, and the teacher is obliged to be in the educational institution during these hours, and the non-standardized part is everything that is provided for in the tariff and qualification characteristics, job descriptions, everything that follows from his employment contract. This includes attending pedagogical and methodological meetings, educational and methodological work, checking notebooks, for which teachers are paid separately in educational institutions. And if the teacher has completed his lessons, and on that day he has no teaching advice or other duties, he does not meet with parents, does not provide additional instruction to children, does not check notebooks in class, he has the right to get up and leave school, and no one has the right to oblige him to be at school. A teacher is not required to be at school 36 hours a week, and this norm is not established anywhere. That is, some leaders, I believe, abuse their rights by interpreting the legislation in their favor, forcing teachers to be at school 36 hours a week, regardless of the workload. And this position was repeatedly voiced by both the Moscow city trade union and the Department of Education, and a joint letter was sent to the Labor Inspectorate of the city of Moscow, by the way, this is the position of the Labor Inspectorate, everything came from the requirements of the Labor Inspectorate, which forces, at least so the directors verbally say, to include in the rules internal, that the teacher has an 18-hour workload, and another 18 hours is other work, but he is obliged to be at the educational institution for these 18 hours.
Tamara Lyalenkova: Is this a real balance - 18 and 18?
Irina Kantorovich: This is speculation! This is not written anywhere.
Sergey Kandrikov: 18 hours is the weekly rate for a teacher. And another 18 is up to the reduced working week. 36 hours is the maximum possible workload, taking into account all the activities in which the teacher must take part.
Irina Kantorovich: I want to say what, in fact, a blatant violation of the rights of teachers is happening! The teacher is paid for the standardized part. The non-standardized part is not paid in any way. Yes, notebooks and class management are paid for.
Tamara Lyalenkova: Well, that's a different story. Some regions are abandoning classroom management altogether.
Irina Kantorovich: The teacher's salary depends on the tariff. Tariffing is the number of lessons per week. If a teacher teaches 18 lessons, he will receive 18 lessons. If it’s 19, he’ll get more, if it’s 20, he’ll get even more. And that's what happens. All teachers are forced to create a work schedule 36 hours in advance.
Irina Chekmysheva: Yes, we are also forced to draw up schedules. We set our lessons on this schedule, but they returned the schedules to us and said: no, you must schedule 367 hours.
Irina Kantorovich: Teachers receive completely different salaries, and someone gets paid for 24 lessons, and he must work 36 hours, that is, he sits at school for 12 hours for free. Someone teaches 36 lessons, and this situation shows that this non-standardized part, quite according to our law and practice, can be equal to zero. That is, someone sits at school for 18 hours, and someone teaches 36 lessons. We now have a lot of teachers all over Russia who receive meager salaries and, in order to somehow survive, work double duty. Honestly, I can’t imagine how this is possible, it’s just a slaughter job - 36 hours a week!
Irina Chekmysheva: And with low quality, of course.
Irina Kantorovich: Moreover, for these teachers this non-standardized part is zero. These are people who hold the same position as a teacher who works 18 hours. At my school I work 8 hours, less than half time, and I am forced to sit 36 hours a week. It’s fantastic what they’re doing to teachers now! This is very beneficial for the administration. I would like to ask a question to a lawyer. Sergey, as I understand it, you are one of the five best specialists who understand educational law. You provide legal advice to educational institutions. Do I understand correctly that according to modern legislation there are completely two different categories of educators. The first category is those whose working day is 36 hours. These are psychologists, educators, and university workers. This is how the concept is applied to them, they are assigned a salary, and they can work, they can have a full-time salary or a half-time salary.
Sergey Kandrikov: Well, the workload may be greater; they can still work part-time.
Irina Kantorovich: They have it written down directly: either the duration or the standard hours.
Sergey Kandrikov: Absolutely right!
Irina Kantorovich: Please tell me where in the law it is written that a teacher, a college professor, should have a working week of 36 hours?
Sergey Kandrikov: No more than 36 hours.
Irina Kantorovich: But this is not written only for the teacher.
Sergey Kandrikov: I want to tell you the following. Your interpretation of the legislation that you are now voicing is incorrect. The duration for teaching staff is no more than 36 hours. And we have figured out what a teacher’s working time consists of - the standardized part and the non-standardized part. I cannot agree with you here that the teacher is paid only for teaching lessons, according to the tariff. If we open the tariff and qualification characteristics, the Law of Education, Federal Law 273, and look at what is included in the labor function of a teacher, we will see that, in addition to teaching, this is educational work, methodological work, and so on. Since these are all components of the teacher’s labor function. Not just teaching lessons. This is the peculiarity of the work of teachers. For this, they are given leave - 56 days, extended leave, for this the state provides them with benefits in the form of an early old-age pension if they have worked for 25 years, and so on. That is, the state assigns very serious functions to teachers, but at the same time, additional guarantees and compensation are provided for by law. Therefore, I cannot agree with your interpretation that the teacher is paid only for teaching lessons.
Tamara Lyalenkova: Irina Chekmysheva, what does your salary consist of?
Irina Chekmysheva: From the clock. Now there is such a concept - student hours. The more children I have in my class, the higher my salary. From class management, checking notebooks, and sometimes there are also some clubs, additional education, and so on. And yet we pay hourly. If I have 14 hours, I get paid for 14 hours.
Sergey Kandrikov: But this is not the only thing you get paid for. Not only for 14 lessons, but also for the additional work you do while working with children. That is, this cannot be understood narrowly.
Irina Kantorovich: But the salary depends on the number of hours and qualifications. There are many components, but the basis is the watch.
Tamara Lyalenkova: Olga, what does your salary consist of? And tell us a little about the situation that has been going on for some time - you are trying to defend your rights in court.
Olga Tishler: Yes, we are trying, but the trial is a long process, and it is not clear when it will end. Our salary is very simple: the main part is payment for our lessons, for hours. If a teacher works for one paycheck, then depending on the tariff, he earns from 15 to 20 thousand for one paycheck. For class management they pay 1 thousand rubles a month, a purely symbolic payment. We also have office management - they pay about 2 thousand rubles. This is what our salary consists of. If we work at two rates, then we get more per hour. So if we talk about additional payment, it does not play a significant role in our salary. I would also like to add that we sit at work 36 hours a week, this is stated in our internal labor regulations, all teachers work from 9 a.m. to 4:30 p.m. You can’t leave early, you can’t be late either, even if there are no classes. We have absentee notices for teachers when they don't show up for work. The last fact: the person has completed the entire academic load, there are no lessons, he has no class teacher, there is no office management, there is nothing to do, he does not show up for work - he is declared absenteeism. For us, this situation began in December 2013, that is, for a year and a half we have been sitting, all teachers, at the workplace, regardless of the class schedule, the teaching load. Some people have 18 hours a week, some 36, some 15, but everyone has to sit. We are strictly controlled. And everyone's salaries are completely different.
Tamara Lyalenkova: How did you formulate the lawsuit?
Olga Tishler: One particular person is asking to be paid for all the time he worked in college for a year and a half. Because he worked 36 hours a week and was paid by the hour. If we take into account the additional payment, for example, for classroom management, if we divide a thousand rubles by the cost of an hour of a teacher, then this turns out to be 4 hours a month, 1 hour a week - classroom management should take a person. It is clear that he works more than one hour a week with his children.
Sergey Kandrikov: I can comment. I think that this claim is futile, that is, the employee will most likely lose in court. Well, as for the part that all teachers, regardless of workload, are forced to sit in school, I think this is illegal. The actions of the administration of this school in the Leningrad region must be appealed. You can write a complaint to the prosecutor's office and do it in court.
Irina Kantorovich: Ask Olga Tishler, wherever they wrote! They even have a response from the Ministry of Education.
Olga Tishler: Yes, we apply everywhere, but no one helps us. We turned to the president’s website, to the State Duma, there was a letter to Naryshkin. We contacted the Labor Inspectorate of the Leningrad Region, the Prosecutor's Office of the Leningrad Region, the Governor of the Leningrad Region, the Ministry of Economic Development, the Ministry of Labor, a local deputy, and the territorial Trade Union Committee of the Leningrad Region. We received a letter from the ministry, three times, where the ministry writes about the illegality of the 36-hour work week, says that we work according to the standard hours - 720 per year, we can do other work at any time convenient for us, and if there are no lessons and some events, we may not be present at the educational institution. We received this letter three times with approximately the same content from the Ministry of Education. The ministry sent a copy of this letter a year ago to the Education Committee of the Leningrad Region, they have become familiar with this letter. However, the Education Committee of the Leningrad Region tells us that preparing for lessons is considered our working time, so we must be within the college walls for all 36 hours. The Ministry tells us this, the Education Committee of the Leningrad Region says differently. We invited a lawyer from the committee, and he said that the letter from the ministry is advisory in nature, has no legal force, and it is not necessary to comply with it. The Labor Inspectorate wrote us a long answer, they simply rewrote Law 69 and Law 2075, which is now no longer in force, they simply rewrote it and sent it to us. The prosecutor's office wrote to us: negotiate with your supervisor yourself or go to court. Then we despaired and now, in June, we wrote a letter to the ministry, all the teachers signed it, took the letter to Moscow, gave it to the Workforce Department, and personally handed it over to them. But we again received a letter saying that everything is illegal, go to court. That is, it turns out that the Education Committee of the Leningrad Region is not subordinate to the Ministry of Education.
Tamara Lyalenkova: Perhaps the law on education, which came into force several years ago, gives educational institutions some freedom, including administration, and perhaps it allows local governments to behave so boldly?
Sergey Kandrikov: No, I think that the position of the Ministry of Education here is absolutely correct and the position of local authorities is not entirely adequate. It is imperative to go to court, appeal in court against the illegal actions of the school administration, and through the bailiff service, seek the execution of court decisions - the cancellation of this order, which established that the teacher must be present for all 36 hours, and so on.
Tamara Lyalenkova: It seems to me that there is still the possibility of reprisals here. In higher education, some academic freedoms have also always been provided, but now we know about the dismissal of teachers with the motivation that they were “not at work.”
Sergey Kandrikov: I have been practicing law in the field of education for over 12 years, and firing a teacher is always the hardest thing.
Tamara Lyalenkova: Yes, it is easier to fire the school director.
Sergey Kandrikov: Absolutely right. This is the highest achievement for any lawyer - to fire a teacher. There are so many different nuances, and the courts usually side with the workers. Of course, people come and go, but very few teachers are fired on charges, well, only the most notorious ones who violate labor discipline.
Irina Kantorovich: Our administration is trying very hard to fire me. And the union’s lawyers don’t consider this their problem; our teachers have to do everything, while being subordinate to the administration. I’ll tell you honestly, it’s very easy for school administration to make a teacher’s job unbearable! Olga Tishler, for example, had to master a new subject that she was given to teach. In the provinces, teachers in almost all schools sit for 36 hours, and there is nowhere for a teacher to go!
Tamara Lyalenkova: By the way, we tried to invite one of the regional teachers to our conversation, and none of them dared to take part in our conversation.
Irina Kantorovich: Our task, it seems to me, is not to throw everything at the teacher. We need to solve the problem. It seems to me that this problem needs to be brought to the attention of the ministry and some governing bodies.
Sergey Kandrikov: Yes, they already reported!
Irina Kantorovich: They reported it, but they don’t do anything! We write to the ministry, and explain, and write articles in the Teacher’s Newspaper, but no one does anything.
Sergey Kandrikov: I cannot agree with you that nothing is being done. In Moscow, I can responsibly tell you that the Department of Education, together with the Moscow City Trade Union, sent a letter to the Labor Inspectorate of the city of Moscow and explained that the Labor Inspectorate’s requirement that teachers should have a 36-hour weekly workload is illegal.
Irina Kantorovich: Why then do teachers sit in Moscow schools for 36 hours? The department needs to tell the directors that this is illegal! But no one says anything.
Sergey Kandrikov: A lot of work is being done, and we will continue it, and we will still defend this position, in Moscow for sure.
Irina Kantorovich: Yes, I heard about this letter from February 2015. As I understand it, your job is to protect teachers and their labor rights. So you sent a letter in February and consider it a big job! It's August, what else have you done?
Tamara Lyalenkova: Let's clarify, the Labor Inspectorate is important for the school, can it ban something or take repressive measures?
Sergey Kandrikov: Absolutely right, she can bring the director to administrative responsibility, up to sending materials to the court with a demand to deprive the director of his position.
Tamara Lyalenkova: Have you seen this paper from the Labor Inspectorate regarding 36 hours?
Sergey Kandrikov: No! All directors refer to this, but no one can show anything. This paper simply does not exist, they are simply recommended orally. But we have directors who, having heard recommendations, without delving into the essence, immediately rush to implement them, even though this is illegal.
Tamara Lyalenkova: That is, directors are trying to solve this issue in different bureaucratic ways. Now, Irina, you probably need to write a schedule and don’t spend all this time at school.
Irina Chekmysheva: Not certainly in that way. We really don’t have total control, no one looks at what time they left and naturally arrived at their lesson. But, let’s say, there are classes with people who are lagging behind, and before we were paid extra for these three hours, individual-group classes, as they were called. Now they told us: this is your working time and work with them. I, of course, understand that a teacher is not a profession, but a calling, and we must help everyone, but it’s one thing when a student came up to me and asked me to explain something, and another thing when I have to draw up a plan, a schedule, several times a week to sit and study for free with those who are lagging behind, and then write a report about it. Therefore, with the introduction of these 36 hours, it became possible to force teachers to do something for free.
Tamara Lyalenkova: Maybe school directors are saving money this way because times are difficult?
Irina Kantorovich: Indeed, they save money. In general, for all employees of budgetary institutions, doctors, teachers, a terrible time has come with the introduction of a new remuneration system, according to which the entire saved part can go into salary payments to the administration. In fact, for primary school teachers, the average lesson fee is 300 rubles, and 400 thousand rubles are saved per year if you do not pay for additional classes. It’s not a bad idea to simply transfer 400 thousand to yourself in the form of bonuses; all this is allowed by law. But this is absolutely illegal! In labor relations, everything should be clear about what the teacher is paid and what the teacher is not paid for.
Tamara Lyalenkova: Maybe it’s worth writing all this down then?
Sergey Kandrikov: That's right! The most important thing that you need to demand from your employer, if the school director forces you to do some additional work, open your employment contract, job description and see whether you have to do it or not. If you don’t have to, feel free to refuse, say: this is not part of my functionality. And if this is part of your functionality, it follows from your employment contract, then you must do it within the framework of the payment that is established.
Irina Kantorovich: I studied this issue and found, it seems to me, what the problem is, why it’s all so unclear. The fact is that this order on the working time of teaching staff, No. 1601, essentially talks about teaching staff, whose salaries and working hours are formed in completely different ways. Some workers have just a 36-hour work week, while others have standard hours. And depending on the position of the pedagogical worker, he needs to engage in educational work, research, scientific and technical work, and this includes university employees and teachers. And the administration applies all this to teachers! I believe that different orders are needed to avoid this confusion: one for the standard hours, and the other for the length of the working week.
Tamara Lyalenkova: There is also a question of administration here. Everyone cares about ratings, so the end result must be a good one.
Irina Kantorovich: When labor relations depend on the personality of the director, this cannot happen, you must agree. There should be the same rules for everyone. We have School No. 417 in Moscow, with a 36-hour presence there, in Lefortovo. Nearby is school 632, which is part of the same complex, and there is no presence there. I ask why this happens, and they answer me: “And in school 632 the head teacher has a good character.” And so I have a question: who should deal with this problem?
Irina Chekmysheva: Yes, who should we contact?
Sergey Kandrikov: Are you a member of a trade union?
Irina Chekmysheva: Not anymore.
Sergey Kandrikov: You can't go to the union, and the union takes this very seriously. A member of the Moscow Trade Union of Education has the right to contact his trade union. And I personally, for example, went when one of the union members approached us with such a problem, we went to the school, sorted it out on the spot, and the director eliminated all the violations.
Tamara Lyalenkova: But is this still a violation or is there an opportunity for the administration to do this?
Sergey Kandrikov: This is a violation, of course!
Tamara Lyalenkova: Now new technologies are developing, many things are changing.
Irina Chekmysheva: Yes, and the journal is now electronic, you can fill it out at home. The paper magazine could not be taken out of school.
Sergey Kandrikov: And it seems to me that there is no point in the teacher’s useless sitting in place.
Irina Kantorovich: And most importantly, it is absolutely illegal!
Sergey Kandrikov: Not only is it illegal, but it is also ineffective.
Tamara Lyalenkova: The teacher must have time for preparation and self-education.
Sergey Kandrikov: This is not limited by the amount of time, and these are features of the working time of teaching staff. The legislator has not created such comfortable conditions for other professions. I cannot, for example, as a lawyer, not come to work and do self-study in the library. Although you have to master new knowledge, it takes extra time.
Irina Kantorovich: But you, as a lawyer, work with documents, and this cannot be compared with the workload of a teacher!
Tamara Lyalenkova: The profession is difficult, of course!
Sergey Kandrikov: And for this, the legislator established additional guarantees.
Irina Kantorovich: It seems to me that some steps still need to be developed so that this problem is not solved by local teachers. I feel sorry for the teachers, especially in the provinces; how they will solve this is completely unclear. There the teacher has nowhere to go, he is afraid for his job, he clings to his job, and the administration can create very difficult working conditions for the teacher. And with the introduction of the new remuneration system, simply a priori, all employees of budgetary institutions are placed in a state of confrontation with the administration. Because the less the administration pays workers, the more it can pay itself.
Irina Chekmysheva: It would suit me, for example, if I could be in the school building during the hours during which I teach classes, and then freely leave if I need to. Freedom is very important to me. I can not only go home, I can go to the library, to courses. It seems to me that the problem is that there are now few administrators and school teachers. Therefore, it is very difficult for them to understand. And a professional teacher understands that productivity is higher when the teacher, in addition to the school walls, sees something else. After all, parents, when sending their child to school, expect that he will be treated taking into account all his unique characteristics, so the teacher, if he focuses on each child as a unique creation, really needs to invent something new every time: a new lesson, new approach.
Tamara Lyalenkova: Even state standards stipulate an individual approach to students, this is true.
Sergey Kandrikov: Everything is in the laws, you just need to respect the laws and comply with everything. In Russia there is this problem - disrespect for their own laws that they pass, good laws that are not implemented locally.
Tamara Lyalenkova: In general, what are the most difficult moments in our education today from a legal point of view? What do they most often contact you with?
Sergey Kandrikov: There are times when the rights of teachers are violated, when they are forced to resign of their own free will, although there is no desire of their own. There are quite a lot of problems.
Tamara Lyalenkova: What is the main vulnerability of today's teacher, where is he least protected?
Sergey Kandrikov: There are other problems too. For example, being hired to work on weekends without appropriate pay, or changing the teaching load is unreasonable. Various problems to be faced. But we work only with members of the city trade union of educators.
Tamara Lyalenkova: Do you think the law is on the side of the teacher now?
Sergey Kandrikov: Certainly! The legal situation is quite definite. There have been no changes in legislation that would worsen the rights of workers. There was Order 2075, it was canceled, and 1601 was adopted, which completely repeated, and even, I read, further strengthened the position of the teachers. It now clearly states that the teacher’s workload must be specified in the employment contract; previously this was not in Order 2075. And this document is binding. That is, now the teacher must have in hand either an additional agreement to the employment contract, or the workload must be clearly stated in the employment contract. If this is not the case, then this is a violation, and you need to appeal the employer’s actions. And, in principle, it seems to me that a reasonable employer is not inclined towards confrontation, but towards partnership with the team. Because confrontation does not lead to results.
Tamara Lyalenkova: On the question of the quality of education, Olga, is it getting worse in the conditions of your external and internal confrontation with the administration?
Olga Tishler: Of course, our 36-hour stay at an educational institution greatly affects the quality of education. Because the teacher must prepare for lessons with a fresh mind, he must rest. We can prepare for lessons at home, in complete silence, but in an educational institution, if I don’t have a lesson, someone else is working in my office, and where should I be? In the teaching room everyone is walking around, talking, drinking tea and so on. That is, I sit at work just like that, and then at home I have to prepare for lessons. Our internet doesn't work well in college, but at home it works well. That is, I sit at work absolutely idle! I’m talking with colleagues, drawing up something. Then, the situation itself is nervous, when I understand that they are unlawfully demanding from me, but I have nowhere to turn, no one can help me. We turned to the trade union for help in January, and for more than six months now we have been fed verbal promises: we will sort it out, we will come, we will look. Lawyers and representatives of the trade union of education workers arrived, sat and talked with our leader behind closed doors and left without telling us anything. We somehow agreed with the director, he explained everything to them, that everything seemed to be legal, and they left. That is, they didn’t help us at all and even worsened it; our relationship with the administration became even worse after their arrival. It used to be like this: the teacher taught lessons, rested, took a walk, did his own work, and in the evening sat down to prepare for lessons with a fresh mind. And now we have a continuous working day, until half past four you have sat through your hours, come home and sit down to prepare for your lessons. What kind of quality of education can there be? Naturally, it suffers.
Tamara Lyalenkova: And what should be the ratio, how much time do you need to recover creatively, to do additional things? Is there such a proportion?
Olga Tishler: The proportion is the simplest. 18 hours a week is the rate, it has been determined over the years.
Tamara Lyalenkova: But a lot is changing, technology is changing, the rhythm of life is changing. Maybe there should be some progress here too?
Olga Tishler: In the 70s the rate was 24 hours. Then the state took care of the teacher’s health, and the rate was reduced to 18 hours. We are under such mental stress that we need to rest. I would be very happy to work for one rate - 18 hours. And I had years when I worked at one rate, and I felt better than normal people, and I prepared better for lessons, and my health was better. A teacher needs to have a lot of patience, but where do you get it from? The teacher needs some rest! And the established norm - 18 hours per rate - is absolutely normal and fair. And the result is more overload. But as colleagues have noticed, we all work at one and a half to two times the rate, otherwise we will have a very small salary. As for preparing for lessons, I’ll tell you that, for example, I prepared one lecture for a whole month. If we don’t have materials, textbooks, or special subjects, we can prepare a lecture for 2 hours, 6 hours, 8 hours. On average, it takes 8 hours to prepare one new lecture. If it is already ready, and I just repeat it, then for about half an hour or an hour I look through it, process it, think it through. If we talk about standards, they are something like this: for one lesson, one hour, you need to prepare for one hour. This includes checking notebooks, preparing handouts, searching for new information, and repeating existing information. The norm cannot be calculated in any way, but an approximate such norm exists.
A methodological day can be defined as a day when an educational organization operates, but:
- the pedagogical worker who conducts teaching does not have training sessions;
- internal documents of an educational organization do not provide for the performance of other pedagogical work directly in the educational organization;
- on this day the employee does not perform additional types of work for additional pay directly in the educational organization.
On the methodological day, the employee is not required to be in the educational organization.
This is indicated by paragraph 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536.
The employer provides a methodological day for the employee to use it (clause 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536):
- for additional professional education;
- for self-education;
- to prepare for classes.
That is, a methodological day is not an additional day off for a teaching worker. The employer provides it only for the specified actions.
In this case, the concept “the employer provides” must be understood that when drawing up class schedules, schedules, work plans and other documents on a certain day, the employee does not have work that he must perform directly in the educational organization.
Additional professional education should be understood as training in the following programs:
- advanced training or
- professional retraining.
On a methodological day, a teaching worker can improve their qualifications or gain new competence.
Regulatory legal acts do not stipulate what exactly self-education consists of and in what area it must be obtained. There are also no requirements for preparation for classes. At the same time, if the Labor Regulations provide for such days, for example, for the purpose of self-education, the employee must carry out such self-education in relation to his position.
Situation: Is it possible for a teacher to go abroad on his teaching day?
Yes, you can, if it is related to obtaining additional professional education, self-education or preparation for classes.
A methodological day is not a day off. Regulatory legal acts clearly define why the employer provides it (clause 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536).
However, the employer cannot check what the employee used this day for.
Situation: Is it possible to demand a report on what the teaching staff did on the teaching day?
Regulatory legal acts do not provide for such a report.
The employee must conscientiously perform his job duties. And the basis for their development is the qualification characteristics of educational positions. They are contained in the Unified Qualification Directory of Positions of Managers, Specialists and Employees (section “Qualification Characteristics of Positions of Education Workers”), which was approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n. But it does not provide for the employee to prepare such reports.
The Labor Code of the Russian Federation prohibits requiring an employee to perform work that is not provided for in the employment contract (Article 60 of the Labor Code of the Russian Federation).
Moreover, for example, the employee regulates preparation for carrying out educational activities independently (clause 2.3 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536). This means that he himself determines how and in what forms to prepare.
Moreover, if the manager demands such a report from the employee, then the inspection authorities may regard this as excessive reporting by teaching staff and a violation of the law.
Situation: Is it possible to force a teacher to be at school on his teaching day?
No you can not.
Regulatory legal acts define a methodological day as a free day. That is, on this day the employee is free from completing class work, other teaching work and additional work for additional pay. He is not obliged to be present in the educational organization (clause 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536).
Is the employer obliged to provide a methodological day?
The fact is that the methodological day is provided taking into account the working hours that are established for a particular employee. And the working hours are determined by the internal documents of the educational organization (taking into account current regulatory legal acts):
- collective agreement;
- Labor regulations;
- other local regulations of the educational organization;
- employment contract;
- work schedules;
- Timetable of classes.
That is, whether to provide a methodological day or not is decided by the employer when drawing up the class schedule, plans and work schedules.
If an employer does not provide a methodological day for an employee, this cannot be regarded as a violation of the employee’s rights.
1) operating mode of the organization.
For example, in a six-day work week, employees have more work days to complete their course load and other teaching work than in a five-day work week. In the case of a six-day work week, it is easier to free one day for a method day;
2) the characteristics of the work of a particular employee.
For example, a primary school teacher usually has lessons every day. Therefore, the employer cannot set a methodical day for him;
3) the volume of the teaching load of each of the employees who conduct teaching work.
If a teacher has a large teaching load, then he may need all the days on which the educational organization works. Otherwise, he will not be able to conduct all classes and at the same time not violate the hygienic requirements for the regime of educational activities of students;
4) other features.
For example, the ability to provide a teaching day may be affected by class shifts, staffing levels, and force majeure circumstances (if another teacher gets sick and a replacement is required).
Who can be provided with a methodological day?
A methodological day can be provided only for those employees who conduct teaching work (clause 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536). These include:
- teacher;
- teacher;
- trainer-teacher;
- senior trainer-teacher.
This is indicated by paragraph 2.1 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536.
Situation: Is it possible to provide a methodological day for an employee who simultaneously works and receives vocational education?
Yes, you can.
The regulatory legal acts say that a methodological day is provided for employees depending on the position and capabilities of the educational organization (clause 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536).
If these conditions are met, the employer can provide a methodological day for the employee, regardless of whether he is receiving education or not.
This rule is not affected by the level of education the employee receives or the type or form of receipt.
How to consolidate a methodological day in internal documents
To secure the opportunity to provide for a methodological day in the documents of an educational organization, introduce the appropriate provisions into the Labor Regulations or the collective agreement. This is indicated by paragraph 2.4 of the features approved by order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536.
Situation: Is it possible to involve an employee on his teaching day to replace a sick teacher?
Yes, you can, but only with his consent.
Fulfilling the academic workload of a temporarily absent employee is additional work with additional pay (Article 60.2 of the Labor Code of the Russian Federation, clause 2.7 of the Procedure approved by Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601). The employer can entrust such work only with the consent of the employee and with proper execution: an additional agreement to the employment contract indicating the amount of work, timing and amount of additional payment (Article 60.2 of the Labor Code of the Russian Federation).
If the employee does not agree, then the employer cannot involve him and the employee uses a methodological day.
If the employee agrees to a replacement, then he will have training sessions for that day. Consequently, he will be required to be present in the educational organization. The methodological day on this day ceases to be free.
Situation: how to provide a methodological day during the holidays
The methodical day is provided in accordance with the specified working hours.
During the holidays of students, teaching staff who are not on vacation at this time continue to work (clause 4.1 of the features approved by Order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536). At the same time, during the holiday period, the employer specifies the working hours (clause 4.2 of the specifics approved by Order of the Ministry of Education and Science of Russia dated May 11, 2016 No. 536). During this period, a methodological day may also be provided in the general manner.
Regulatory legal acts do not establish the procedure that the employer must follow to determine the frequency of methodological days. Therefore, the employer has the right to determine the frequency independently.
As a rule, a methodological day is provided once a week.
An example of the wording of a condition on a methodological day in the Labor Regulations or a collective agreement
"5.1. For teaching staff who conduct teaching work, taking into account class schedules, plans and work schedules, one free day a week may be provided for additional professional education, self-education or preparation for classes.
5.2. Teaching staff who carry out teaching work include:
- teacher;
- teacher;
- additional education teacher;
- senior teacher of additional education;
- trainer-teacher;
- senior trainer-teacher."
In July 2015, the President of Russia signed Federal Law on Education 273 as amended. The previous version was adopted on December 21, 2012.
This bill provides every citizen of Russia with the constitutionally guaranteed right to receive education in our country. Let's look at what changes were made to it.
Changes:
- The deadline for completing documentation for school institutions and universities has been extended until 2017. In particular, these institutions have another year to properly issue their license and undergo accreditation.
- Also, the winners of the Olympiads can use their achievements for another 4 years when entering higher educational institutions in Russia.
- The educational system has also undergone changes. Thus, preschool institutions are now classified as level 1 of vocational training.
Types of education in the Russian Federation according to the new law
According to the new law (Article 10, 273 of the Federal Law of the Russian Federation as amended in 2016), types of education in our country are divided into four levels of education:
- 1. Preschool
- 2. General initial
- 3. Basic general
- 4. Overall average.
The stages of professional knowledge acquisition are as follows:
- 1. Secondary vocational
- 2. Higher education – bachelor’s degree
- 3. Higher education – specialty, master’s degree
- 4. Training of the highest personnel qualifications.
Teacher's methodological day according to the new law 273
According to Article 46 of the Federal Law in the new edition, persons who have undergone appropriate special training in educational institutions of higher and professional order have the right to engage in teaching activities. The teaching staff must regularly improve their qualifications.
A separate paragraph of Article 49 states that certification of education workers must be carried out no less than once every five years. In addition, there is the so-called intermediate certification, which is carried out almost every year.
The teacher is responsible for drawing up his own work plan for students. For this purpose, he is given a special methodological day, on which the teacher draws up lesson plans and adjusts his work.
Article 273 of the Federal Law on Education in the Russian Federation
Law 273 is an important document regulating public relations in the field of the educational process. This current regulatory legal act is freely available on the official website of the Ministry of Education, the text is provided with all the latest additions. You can also read its summary, features and main provisions for free online on the Wikipedia resource. Websites on the Internet provide an explanation of the concept of the Federal State Educational Standard - what it is, with answers and pictures. In particular, it says that the Federal State Educational Standard (or educational standard) is a set of requirements for training and the level of training of teaching staff. This document has been approved by the federal government of our state.
Academic calendar 2016
The 2016 academic calendar is developed by the teaching staff based on Article 32 of the Law on Education in the Russian Federation. He identifies two parts of the educational system that outline the plan for the upcoming school year. The act must also indicate the date on which it was adopted.
Requirements for the work program
Federal Law 273 On Education in the Russian Federation defines the requirements for the work program, the charter of educational institutions, and the responsibilities of teachers, parents and students.
According to the law, all children have the right to knowledge, the implementation of which is primarily entrusted to schools. The guarantor of this right is the Constitution of the Russian Federation. The program also includes amendments to the educational process regarding persons with disabilities.
The student must attend school and must not miss classes without a good reason. The student is also obliged to monitor his health, personal hygiene, compliance with discipline and rules of behavior in society.
Responsibilities of parents under the law
Lawyer consulting
(Agreed with the lawyer of the Department of Education of the Lipetsk City Administration)
Is the school administration obliged to provide a free, that is, methodological day for the teacher? If yes, then at what load (minimum, maximum)?
The current legislation does not define a methodological day, does not provide for its mandatory provision to teaching staff, and does not in any way regulate the procedure for establishing such days. The availability of free days (one or more) per week for a teaching worker depends on how the class schedule is drawn up. The administration of an educational institution is recommended to save the teacher’s time when drawing up a class schedule. A teacher is not required to be present at school on his/her free day if there are no school-wide activities in which he/she is participating on that day, and is not required to submit any reports to the school administration about what he/she did that day.
(Response from the Chairman of the Trade Union of Education and Science Workers of the Russian Federation. Journal of Public Education 2006 No. 4)
Do lesson plans need to be written and how long should they be kept?
The current regulatory legal acts do not establish any requirements for lesson plans, nor do they establish storage periods. These issues may be subject to regulation by local acts in force in an educational institution.
List the requirements that the school administration may present when checking a teacher’s lesson plans?
Checking lesson plans refers to the procedures of intra-school control and is regulated by the Regulations on In-School Control, developed in the educational institution itself.
According to the letter of the Ministry of Education of the Russian Federation dated January 1, 2001 No. “On the content and legal support of official control of heads of educational institutions,” an audit of a teacher’s activities can be included in the internal school control plan in the case of:
Planned study of the results of the current (interim) certification of students;
The need to provide methodological assistance to the teacher due to low results of the written test carried out according to the text proposed by the head of the educational institution;
Preparation of certification of an educational institution;
We recommend that you contact the education authority or the state labor inspectorate of your city for any questions regarding violations of labor laws.
How is the work of the head of a physics classroom formalized and paid? The fact is that the school administration refuses to pay for my work as a head. Cabinet, but continues to regularly demand the fulfillment of these duties.
The work of the head of a physics classroom does not relate to the direct job responsibilities of a physics teacher. If this type of work is not recorded in your job description, then the administration of the educational institution must, with your written consent, issue an order appointing you as the head of the physics classroom with the establishment of additional remuneration for this type of activity. The amount of remuneration for managing an office is determined by the educational institution within the limits of funds allocated for remuneration and is fixed in the collective agreement, a local regulatory act of the educational institution.
(The questions were answered by lawyer, candidate of pedagogical sciences, head of the department of the University of the Russian Academy of Education Elena Bolotova. Magazine “Public Education” No. 7, 2006.)
What instructions, letters or orders should you use when working with student diaries?
The head has the right to get acquainted with the documentation, diaries and notebooks of students. Checking teachers’ work with diaries can be based on the following areas:
1. Availability of a diary:
Number of students on the list;
Number of diaries at the time of verification.
2. Work of the class teacher with diaries:
Issuing current grades;
Giving four grades;
Control over the diary;
Filling out data about subject teachers;
Availability of a class schedule for a quarter (six months);
Availability of weekly schedule.
3. Work of subject teachers with diaries:
Issuing current grades;
4. Control of children’s diaries by parents:
Parents' signature for current grades;
Parents' signature for quarter grades.
The teacher’s job description, developed in accordance with the Law of the Russian Federation “On Education”, the qualification characteristics of the teacher, in the organization of activities section states that the teacher independently organizes the maintenance of established documentation in accordance with the instructions, the design of class registers, magazines of extracurricular activities, personal files of students, diaries students.
(The questions were answered by lawyer Lyubov. Pogrebnyak. People's magazine
Education" No. 6 2005)
How many vacation days are entitled to teachers working part-time at a school?
Decree of the Government of the Russian Federation of October 1, 2002 No. 000 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions” established the specific duration of teacher leave. It is 56 calendar days. Moreover, the specified regulatory legal act does not establish any restrictions depending on the type of employment (main or part-time).
Are there regulatory documents defining the working hours and working hours of the class teacher of a secondary school?
The working hours, including those of the class teacher, are regulated by Section 4 of the Labor Code of the Russian Federation (Articles 91-105), taking into account the specifics established by Article 333 of the Labor Code of the Russian Federation. Order No. 69 of the Ministry of Education and Science of the Russian Federation dated January 1, 2001 approved the regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions. In accordance with labor legislation, the work schedule of the class teacher is determined by local acts of the educational institution in which you work (internal labor regulations, collective agreement, employment contract).
Does the director of an educational institution have the right to invite people to work on weekends and non-working holidays?
According to Article 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is prohibited. Exceptional cases of attracting workers to work on weekends and non-working holidays.
Work on weekends and non-working holidays is prohibited, except as provided for by this Code.
made with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual structural divisions depends.
Involving employees to work on weekends and non-working holidays without their consent is allowed in the following cases:
1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;
3) to perform work the need for which is due to a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and other cases posing endanger the life or normal living conditions of the entire population or part of it.
In other cases, involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Can an employer independently apply Article 74 of the Labor Code of the Russian Federation, change and supplement the job description, and expand the responsibilities of employees?
The rights and obligations of an employee in accordance with Article 56 of the Labor Code of the Russian Federation are essential terms of the employment contract and can only be changed by agreement of the parties to the employment contract and in writing. Changing the essential terms of an employment contract at the initiative of the employer in accordance with Article 74 of the Labor Code of the Russian Federation is possible, but this article links the possibility of changing them by the employer with strictly defined reasons: a change in organizational or technological working conditions. No other grounds give the employer the right, at his discretion, to change the terms of the employment contract with the employee.
In educational institutions, a change in the essential terms of an employment contract at the initiative of the employer may be associated with a change in the number of classes, groups, number of students, number of hours in the curriculum, programs, with the introduction of a new position, the duties of which were previously performed by employees for additional pay.
In the second half of the year, our school carries out a preliminary distribution of the workload for the next academic year, a draft tariff sheet is drawn up, in which the administration asks to sign, even if the workload is less than 18 hours. Is this document a written consent for the number of hours indicated, or is the written consent a statement from the employee addressed to the administration? Do I have the right not to sign this document so that the administration cannot refer to this document as my written consent?
In this case, you are informed about the upcoming change in working conditions. This is a mandatory requirement of labor legislation (see Article 74 of the Labor Code of the Russian Federation). But this does not mean that the terms offered to you suit you, so you can indicate in writing what you agree with and what you don’t.
Tell me a way out of the situation: outside of class, a student (10th grade) in front of witnesses called the computer science teacher an obscene word. What needs to be done?
It is necessary to submit a complaint to the school director about the student’s inappropriate behavior in a public place, about violation of the school charter of the educational institution. Each school charter establishes a norm regarding the decent, respectful attitude of participants in the educational process. Obscene speech of a student within the walls of an educational institution can be regarded as an administrative offense (Article 20.1 of the Code of Administrative Offenses of the Russian Federation “Petty hooliganism”) or as a violation of the charter of the educational institution. The school administration, upon a complaint from an employee, must establish all the elements of a specific offense committed by the student and hold him accountable for violation of discipline (sanctions specified in the charter).
Repeated gross violations of the school charter, recorded officially, may serve as grounds for initiating a procedure for expelling a student who has reached the age of fifteen years from this educational institution.
Parents are also responsible for a student’s violation of the regulations. The basis for such responsibility is not only the school charter, but also the parents’ application for admission of the child to an educational institution. Repeated violations of the school charter by students under the age of fifteen, and the refusal of parents to take part in the upbringing of such an offender, allow the educational institution to use the help of bodies directly involved in the prevention of juvenile delinquency (according to the Federal Law of January 1, 2001 “On the fundamentals of the system for the prevention of neglect and juvenile delinquency” ).
Literature
Magazine "Public Education"
