Standard hours of workload per week for a teacher trainer. New rules for calculating teaching load for teachers

Normal working hours cannot exceed the limits established by the labor legislation of the Russian Federation. We will tell you in our article what value normal working hours cannot exceed.

What is the normal working time?

By general principle 40 hours per week (paragraph 2 of article 91 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ).

However, a shortened working week is regulated for certain groups of workers. In this situation, the maximum working time (hereinafter referred to as WP) is fixed at the legislative level, which differs from that mentioned above. In this case, remuneration for labor is calculated and paid according to the standard tariff provided for a 40-hour week.

In addition, such a variant of labor organization as part-time work is possible work time when the daily or weekly hours are reduced by agreement with the employer, and the amount of remuneration is paid directly proportional dependence from actual output. It should be noted that sometimes the employer does not have the right to refuse to introduce the mentioned labor organization regime for a specific worker. This will be discussed further.

In all 3 listed situations, the working day is considered normalized, that is, not beyond the boundaries of normal duration.

This indicator of the weekly duration of RT is also used when calculating time limits for other accounting periods (see paragraph 8 of clause 1 of the Calculation Procedure..., approved by order of the Ministry of Social Health Development of the Russian Federation dated August 13, 2009 No. 588n).

Reduced working hours (permissible number of working hours per week): categories of workers

This mode of organization labor activity should be introduced to the following categories of workers without taking into account the opinion of the employer (Article 92 of the Labor Code of the Russian Federation):

• Persons under the age of majority. For example, for citizens under 16 years of age, weekly work is limited to 24 hours, for persons from 16 to 18 years old - 35 hours. For workers aged 14-15 years, the daily norm should be no more than 4 hours, for workers aged 15-16 years - 5 hours, for persons over 16 years old, but under 18 - a maximum of 7 hours (paragraph 2 of Article 94 of the Labor Code of the Russian Federation) . There are a number of restrictions on the length of the working day for students (paragraph 8 of article 92, paragraph 3 of article 94 of the Labor Code of the Russian Federation). We also recommend that you read the article “What benefits are provided for minor workers?”
• Disabled people (groups I and II). Their weekly work standard must be within 35 hours. The duration of RT in this case is determined individually based on the medical report (see paragraph 4 of Article 94 of the Labor Code of the Russian Federation).
• Persons whose working conditions are harmful or dangerous. Their weekly workload cannot exceed 36 hours. According to para. 7 tbsp. 92 of the Labor Code of the Russian Federation, the standard can be increased to 40 hours with the consent of the employee. Otherwise, all hours actually worked by the worker in excess of 36 hours per week must be paid as overtime (see the determination of the Murmansk Regional Court dated November 12, 2014 in case No. 33-3576-2014).

Who else can have reduced working hours?

Given in Art. 92 of the Labor Code of the Russian Federation list of persons whose normal working hours cannot exceed indicators reduced compared to the norm of 40 hours, is not exhaustive and is supplemented by the Labor Code of the Russian Federation itself, as well as other regulatory and legal documentation.

Such persons include:

• Teaching staff (paragraph 1 of article 333 of the Labor Code of the Russian Federation). Their work week is limited to 36 hours.
• Health workers (paragraph 1 of article 350 of the Labor Code of the Russian Federation). The maximum number of working hours per week for them, according to the general principle, is 39. At the same time, within this group, Decree of the Government of the Russian Federation dated February 14, 2003 No. 101 regulates a more detailed gradation of the maximum duration of work time for workers depending on the type of their medical activity. Thus, the length of the working week of certain categories of health workers cannot exceed 36, 33 and 30 hours. And for persons whose work involves gamma radiation, the work week should be limited to 24 hours.
• Women workers in rural areas or in the territories of the Far North (as well as in similar areas). For this category of workers, the default maximum working week is 36 hours, unless there are legal grounds for establishing even shorter working hours (paragraph 1, paragraph 13 of Resolution No. 1).

More information about features this mode For the organization of work and the procedure for its registration, read our article “Reduced working hours (nuances).”

Part-time work

Typically, an incomplete RV is introduced by agreement between the parties labor relations. However, there are also strict requirements of the law: the employer does not have the right to refuse approval of the work organization regime in question to the following persons:

• pregnant employee;
• mother or father of a child under 14 years of age (this rule also applies to the guardian or trustee of such a child);
• mother or father (guardian/trustee) of a minor with disabled status;
• an employee caring for his sick relative in accordance with the relevant medical report.

The introduction of the labor regime in question is carried out by the employer on the basis of statements from the persons listed above and is his responsibility (see paragraph 3 of paragraph 13 of Resolution No. 1).

Establishing part-time work for women with children

An incomplete labor force can be established immediately upon hiring a woman with children or after her employment, if the need for such a work regime is identified (clause 2 of the regulation “On the procedure and conditions for the use of women’s labor...”, approved by a resolution of the USSR State Committee for Labor, Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51).

The introduction of such a working regime for an employee is carried out after the publication of the corresponding administrative document. The order states:

• Term of the work;
• RV duration standards;
• RV schedule during the accounting period;
• the need for the employee to undergo vocational training, etc.

Since the requirements for the duration of PT for a woman with children are not established at the legislative level, this condition agreed upon independently by the parties to the employment contract. Clause 8 of Regulation No. 111/8-51 proposes a duration option work shift no more than 4 hours, and a working week - 20-24 hours (for a five-day and six-day week, respectively), but as a practical recommendation.

Overtime work

The employer is entitled, due to operational necessity, on his own initiative, to involve employees in work activities beyond the duration of the work assignment regulated by law or an employment contract.

Moreover, if an employee, at the initiative of the employer, must perform some work after the end of the working day, then we are talking about overtime work.

The law establishes the following restrictions:

• maximum total of 4 hours overtime for 2 days in a row;
• maximum 120 overtime hours worked annually (Article 99 of the Labor Code of the Russian Federation).

Example

The employee was required to work overtime in amounts exceeding the limits established by law, as a result of which he filed a claim for compensation for the damage caused by these actions of the employer moral damage.

The court took into account that all Required documents were properly documented, and all hours of overtime work were paid in full, so the plaintiff-employee’s demands for compensation for moral damage were only partially satisfied (see the decision of the Pskov City Court dated April 22, 2016 in case No. 2-2448/2016).

Compensation for an employee’s work outside the working day is either appropriate remuneration or the provision of additional rest time in the manner established by Art. 152 Labor Code of the Russian Federation.

Irregular working hours

In this case, it is assumed that specific employees in some cases may be involved by the employer in performing certain labor functions outside the regulated working hours (Article 101 of the Labor Code of the Russian Federation).

Wherein federal Service on Labor and Employment in its letter dated 06/07/2008 No. 1316-6-1 focuses on what it means to attract citizens to work after graduation working day should be only episodic and not regular.

It also explains: the Labor Code of the Russian Federation does not equate overtime within an irregular working day with overtime work, under which the conditions for providing certain guarantees must be met, including limiting overtime hours.

In another letter (dated April 19, 2010 No. 1073-6-1), the Federal Service for Labor and Employment comments that persons who are assigned part-time work may also be involved in working irregular hours.

Six-day work: what indicators cannot exceed the normal working hours under this working regime?

For a 6-day working week, as for a 5-day working week, the same maximum standard is established - no more than 40 working hours per week.

At the same time, the legislator has not fixed what the length of the working day should be in a six-day week. There is only one clarification: on the day before a day off, the length of the working day should not exceed 5 hours (Article 95 of the Labor Code of the Russian Federation). The traditionally practiced regime of “5 days for 7 hours and 1 for 5 hours” is not the only possible option in this case.

If the employee has a reduced work schedule, the work schedule with a 6-day work week will also be modified in the appropriate proportion (for example, with a 36-hour work week, etc.).

Maximum working hours for part-time work

The maximum daily duration of work performed as a part-time job is limited to 4 hours (paragraph 1 of Article 284 of the Labor Code of the Russian Federation). An exception to this rule is situations when the employee is completely free from performing labor functions at his main place of work. Such a day can be used entirely by him to do part-time work.

The amount of time devoted to part-time work, per accounting period should not exceed 50% of the norm established for the designated accounting period.

Special standards have also been established for certain groups of workers:

• for teachers, health workers, pharmacists and cultural workers - in accordance with the provisions of Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41;
• medical workers of healthcare organizations living and working in rural areas and urban settlements - in accordance with the rules established by Decree of the Government of the Russian Federation of November 12, 2002 No. 813.

So, analysis of legal information allows us to conclude that normal working hours cannot exceed 40 hours a week and 8 hours a day. Thus, the legislator regulated the maximum limit for the duration of the RV.

By virtue of legal requirements or an agreement between the employee and the employer, in some cases a different duration of work time may be established, but in any case - no more than 40 hours per week.

legal limit. IN general case normal working hours cannot exceed 40 hours a week. We will consider the nuances of labor regulation in our article.

Working time as a legal category

The fundamental legal norm establishing the ratio of time spent on work and rest is Art. 37 of the Constitution of the Russian Federation, indicating that an employee as a participant labor relations the maximum designated amount of time that he can use for work is guaranteed. It is regulated at the level of federal legislation and is limited by the legal provisions of the Labor Code of the Russian Federation.

Art. 91 of the Labor Code defines the legal category “working time”. This is the time that an employee must use to perform a labor function, and the duration of this time, the start and end times are established by the employment contract. The Code, federal and industry regulations qualify the process of actual labor and “other” periods of time as working time. The category of other time intervals includes so-called regulated breaks:

• breaks related to the organization and technology of the labor process: for heating and rest according to Art. 109 of the Labor Code of the Russian Federation when performing a labor function not indoors or in an unheated room, for rest of air traffic controllers according to clause 11 of the regulations of the Ministry of Transport regulating the work of air traffic control (approved by order of the Ministry of Transport dated January 30, 2004 No. 10), for car drivers according to paragraphs. 15, 19 of the regulations of the Ministry of Transport regulating the work of car drivers (approved by order of the Ministry of Transport dated August 20, 2004 No. 15), etc.
• additional breaks for feeding children for working women when children are under 1.5 years of age under Art. 258 Labor Code of the Russian Federation.

The listed breaks are part of the working time and are subject to payment.

Normal working hours are no more than 40 hours

Normal working hours cannot exceed the limit designated by the code and is determined by (1) the amount of labor time expressed in hours, and (2) the calendar interval during which this number of hours must be worked. Art. 91 of the Labor Code of the Russian Federation regulates the first criterion (no more than 40 hours) and the second criterion - a time interval equal to a week. The norm is established in the general case, i.e. the performance of a labor function takes place under normal, standard conditions, and performers of labor duties do not require, for example, age, health or family status, special labor protection measures.

It should be noted that Art. 91 fixes the maximum limit of labor time: indicator normal working hours cannot exceed 40 hours a week. This provision is generally applicable:

• for all employers, regardless of organizational and legal structure and form of ownership;
• for all types labor contracts- open-ended, fixed-term, seasonal, short-term (the only exception is part-time work, where the duration of work is different in nature);
• for all employment schedules.

Special working time standards for special subjects

As already noted, the quantitative value of the working time norm depends on the properties of the subject of labor (worker) - his age, health - and, of course, on working conditions. The Labor Code provides a classification of types of working time by length. It could be:

• It is normal when the maximum duration for the general category of workers is no more than 40 hours in a work week (Article 91 of the Labor Code of the Russian Federation).
• Reduced, when the maximum duration is established for workers depending on age, health or existing harmful or hazardous conditions labor. The maximums are regulated by Art. 92 of the Labor Code of the Russian Federation, and for various groups of workers the duration of the week is set at levels of no more than 36, 35, 24 hours. Note that there are industry standards that fix a different length of the working week for medical, teaching and other personnel.
• Incomplete when duration is set labor agreement for workers with family responsibilities. Art. 93 names the circle of persons for whom the employer must, at their request, determine part-time work. These are pregnant women, parents of children under 14 years of age and other categories. It is understood that such employees are paid according to the hours worked.

Standard time for a schedule other than 5/2

So, the time of employment of an employee is limited by the legislator. The period defined as normal working hours, cannot exceed 40 hour week. Compliance with this legal status is closely related to the solution of the question of how, according to what schedule, work is carried out.

The existing ratio of work and rest time has the following options: 5-day employment with 2 days of rest, 6-day work week with a single day off, a sliding schedule for providing days of rest, part-time work week. Let us note that the vast majority of workers work on a five-day basis (5 eight-hour working days per week).

It is necessary to dwell on some of the nuances of organizing work and rest time for other types of employment. For example, if a 6-day working week is established, then the length of the working day on the eve of a day off cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation). In such circumstances, the legislator is not talking about a quantitative reduction in the size of the working week, but about the redistribution of working time in order to implement the norm of Art. 110 on the length of continuous rest time between working weeks of 42 hours. If a work schedule with “sliding” days off is established, then it is necessary to comply with the norm of Art. 111 about compulsory rest on Sunday.

Working hours are an essential working condition. For this reason, the employee’s employment schedule must be formalized by the employer in the form of a separate regulatory legal act or included in the rules internal regulations or collective agreement. If an employee’s employment regime differs from that adopted by the organization as a whole, it must be separately stated in the employment contract.

In addition to reflecting the length of the work week and daily work, the schedule must contain an hourly breakdown of the work day. As a result, the schedule should indicate the start and end times of work, established breaks, the number of shifts, the order of rotation of shifts, as well as the schedule of working days and weekends.

Normal working hours per week and standard working hours

So, Art. 91 of the Labor Code of the Russian Federation states: “ Normal working hours cannot exceed 40 hours a week.” This legal postulate has become fundamental in the methodology for calculating working hours.

Another document - order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n - established a regulation according to which the duration of working hours is calculated in fixed calendar intervals and is based on a 5-day workweek schedule. The duration of work per day should be:

• 8 hours if the work week is 40 hours;
• if there are less than 40 working hours in a week, then the daily duration is established by dividing the number of hours of the working week by 5.

That is, the established length of the work week, which, as already noted, can be 40, 36, 35 or 24 hours, must be divided by 5 and multiplied by the number of working days in a certain month according to the five-day schedule. The resulting total should be reduced by the number of hours attributable to the reduction in labor time on the eve of non-working holidays. There is a standard established by Art. 95 TC: on the days before non-working days holidays operating time should be reduced by 1 hour.

The method described above is convenient in that it can be used to calculate the standard working time, which is applicable in any employment mode.

The employer's responsibilities include personal and daily recording of each employee's work time.

For the form for recording working hours and the procedure for filling it out, see the article.

Working time tracking - we identify the norm and excess

Control over whether the duration of labor time complies with existing standards is carried out in the process of recording working time. The process of labor organization different enterprises can be organized on different principles. In particular, labor time can be recorded for various time periods, and, as a rule, enterprises choose from three options: day, week or summarized accounting.

Daily recording of working time is advisable for those employers whose work schedule assumes that the duration of work is the same on any day. In circumstances where the actual daily working hours exceed the standard, the difference is not compensated for by shortfalls in subsequent days, but is classified as overtime work.

Weekly recording of working hours is required in circumstances where, within the normal limits of weekly work, the length of working days may actually fluctuate from day to day. Weekly accounting is appropriate, for example, when work is carried out on a flexible schedule (Article 102 of the Labor Code of the Russian Federation).

Summarized accounting of working time is most necessary for such labor regimes as shift work (Article 103 of the Labor Code of the Russian Federation) or rotational work (Article 300 of the Labor Code of the Russian Federation). The principle of this type of accounting is as follows: the time of work is counted not as a week, but as another period (three weeks, a month, two months, etc.). The use of a different duration of interval for calculating working time is due to the fact that according to objective reasons, for example, due to the specifics of the enterprise, it is not possible to strictly adhere to the established, standardized duration of weekly or daily work. The time period taken by the employer for the purpose of standardization for calculating the number of working hours is called the accounting period. The total duration of work during this time cannot be more than the normal weekly, multiplied by the number of weeks. With all this, for the length of this period Art. 104 of the Labor Code of the Russian Federation defines a maximum of one year.

For more information on calculating the standard hours for a shift schedule, see the material.

It is the employer's responsibility to record the time worked by employees. Moreover, it is necessary to take into account time both within the normal duration and in cases where working time standards are exceeded due to overtime work or work in irregular working hours. These two concepts characterize the employee’s employment beyond established norm and, therefore, require separate legal regulation.

Exceeding the norm: overtime and irregular working hours

Art. 99 of the Labor Code qualifies overtime work as work performed on the direct instructions of the employer outside the normal working hours. If we are talking about daily accounting, then such work will be considered work after the end of the working day or shift. If we are talking about summarized accounting, then such work is considered to be work that lasts more than the standard number of hours during the accounting period.

One of the mandatory conditions is that the employer’s instructions to work overtime must be formalized in in writing. Overtime work may be required subject to certain restrictions. The permissible limits depend on the type of work that must be performed overtime, the categories of workers involved, and finally, on the duration of overtime work.

Employee consent to overtime work is required to solve the following problems:

• to complete the work begun, which for objective reasons was not completed during the working day, provided that failure to complete this work will result in irreversible damage to property and create a threat to the life and health of people;
• for execution repair work when a malfunction prevents further work large quantity workers;
• to replace a replacement worker who did not show up.

There are reasons why employees may be required to work overtime without their consent. These reasons are related to the need for action to prevent disasters or to carry out work to normalize the functioning of life support systems for the population during liquidation of the consequences of emergency situations.

In other cases, overtime work is possible with the consent of the employee, taking into account the opinion of the trade union organization. However, the procedure for taking into account the opinion of the trade union organization is not explained by the code (Article 371 of the Labor Code of the Russian Federation), and in practice, it is enough for the employer to notify the trade union (if there is one) of its decision related to overtime work.

The law prohibits overtime work for pregnant women and adolescents under 18 years of age. If there is consent and there are no medical contraindications, then it is allowed to involve women with children under 3 years of age and disabled people in work beyond the normal length. However, in such circumstances, a special licensing procedure applies: the specified employees confirm in writing that they are aware of their legal right not to work overtime.

The amount of overtime work for its performer should not exceed 4 hours for 2 consecutive days and for 120 hours per year. Overtime work should be paid in an increased amount (Article 152 of the Labor Code of the Russian Federation).

An irregular working day is considered to be a work schedule in which the duration of working hours differs significantly from the duration of work established by legislative acts. With such a schedule, workers may sometimes be required to work outside the normal working hours. The presence of an irregular working day is an essential condition of the labor function, and therefore it must be necessarily reflected in the employment agreement.

Results

The weekly working hours should not exceed the maximum of 40 hours determined by the legislator. It is on the basis of this indicator that the standard working time is established for all available labor modes. Performing labor beyond the norm is subject to separate regulation by law.

years cannot exceed certain values ​​for certain categories of workers. Let's consider how the working hours of workers are regulated, how the length of the working day is fixed in the organization, what length of the working day is considered the norm, and which is the exception.

Length of the working day according to the Labor Code in 2016-2017

Labor Code of the Russian Federation in Art. 91 defines what working time is. This is the time when the worker must perform his job functions in accordance with the internal rules labor regulations(hereinafter referred to as PVTR), as well as the terms of the contract with the employer. This article does not establish a normal (common for all workers) working day duration.

In Art. 94 of the Labor Code of the Russian Federation is defined maximum length working day for certain categories of workers. The maximum working hours per day for ordinary workers who do not fall into these categories is not regulated by law. This feature labor legislation noted by the Ministry of Labor back in 2007 (letter of the Ministry of Labor “Multi-shift work schedule” dated March 1, 2007 No. 474-6-0).

The Labor Code of the Russian Federation fixed only the maximum duration of labor (weekly). Weekly work for any employees cannot be longer than 40 hours, and continuous weekly rest time must be at least 42 hours (Articles 94, 110 of the Labor Code of the Russian Federation).

IMPORTANT! Despite the fact that the maximum duration of daily work is not established by federal legislation, the main state sanitary doctor RF July 29, 2005 approved the Guidelines for the hygienic assessment of working environment factors... No. R.2.2.2006-05. According to the note to paragraph 3 of the Guide, if an employee works more than 8 hours a day, this must be agreed with Rospotrebnadzor.

Normal shift length

The Labor Code of the Russian Federation does not stipulate the maximum time of daily work during a shift schedule. Thus, it is not uncommon for a shift to last a whole day. This is not a violation - in any case, the weekly number of hours cannot be more than 40.

Establishing 2 shifts per week for 24 hours is illegal, since in this case the weekly working time will be 48 hours. If the weekly working time exceeds 40 hours, it is necessary to agree with the employee whether he wants to work overtime. It is optimal to set one shift for 24 hours, and the second shift for 16 hours.

Based on the above, the normal shift length for general categories of workers has not been established by the legislator, however, when fixing it, it is necessary to proceed from the maximum working time per week.

How is the number of daily working hours distributed depending on the number of working days in the week?

The normal work week is usually five or six days. It is also possible to include fewer days in the work week, depending on the specifics specific organization and labor regime (Article 100 of the Labor Code of the Russian Federation). A five-day work schedule is considered classic.

With a five-day work week, workers work 8 hours a day. Many personnel officers consider this mode of work to be the most rational, since it has been proven that in this case maximum labor productivity is achieved. In addition, employees working under this scheme always have 2 days off, which most often fall on Saturday and Sunday, which has a beneficial effect on the efficiency of the organization.

A different distribution of working days in a week is also possible, for example, during shift work. In this case, weekends often do not fall on Saturday and Sunday and are not tied to these days.

With a part-time work week, a worker can work 1 day a week - it all depends on the number of his weekly working hours. For example, if there are only 5 of them per week, there is no point in stretching these hours over 5 working days, although this is not prohibited by law.

The employer himself decides how it is appropriate to distribute the working hours allocated to the employee within the week. The main rule is that the total number of weekly work hours does not exceed 40, and the weekly uninterrupted rest is at least 42 hours.

For some categories of workers, maximum working hours are legally established. Let's consider which categories of workers this applies to and what length of daily working hours is the maximum.

Working hours for minors

As stated above, the law does not establish a general maximum number of hours per day for all categories of workers. At the same time Art. 94 of the Labor Code of the Russian Federation establishes categories of workers who cannot work more than a certain number of hours per day. The same rules apply to the maximum shift duration for a shift schedule.

Minors are less protected than adults. Their body and psyche have not yet fully formed, which was the reason for the legislator to establish for minors in Art. 94 of the Labor Code of the Russian Federation, reduced daily labor time (as well as the reduced working time per week established in Article 92 of the Labor Code of the Russian Federation).

Workers between 15 and 16 years of age cannot work more than 5 hours per day (per shift). For those who have reached 16 years of age, but have not reached 18 years of age, the law prescribes a maximum duration of work, which is equal to 7 hours per day (per shift).

For minors who simultaneously work and study in schools or other types of educational institutions, a shorter working day is fixed. For students aged 14 to 16 years - only 2.5 hours, and for students aged 16 to adulthood - 4 hours.

Working hours for disabled people

Disabled persons Art. 94 of the Labor Code of the Russian Federation prohibits working in excess of the daily norm, but does not establish the norm itself. This is due to the fact that each disease is individual, some disabled people can work without restrictions, and some do not have the opportunity to work at all.

Every disabled person, before employment or after receiving a disability, must contact a clinic that issues a medical report in accordance with the requirements of Order No. 441n of the Ministry of Health and Social Development of Russia dated May 2, 2012, which approved the Procedure for issuing medical certificates and reports (Procedure). The conclusion contains an assessment of the health status of a particular disabled person based on an examination. According to clause 13 of the Procedure, the conclusion must contain conclusions about the presence of contraindications to work, study, and compliance of the state of health with the work performed.

Thus, the doctor can limit the maximum daily work time of a particular disabled person or completely prohibit work. Restricting or prohibiting the work of disabled people cannot be regarded as a restriction of a person’s constitutional right to work, since in this case such measures are aimed at protecting the individual.

Length of working day for workers in harmful and dangerous jobs

For workers in harmful or dangerous work, Art. 94 of the Labor Code of the Russian Federation limits the maximum daily (weekly) working hours. The extent to which working conditions are harmful or dangerous is determined by a special commission formed by the employer (Law “On special assessment working conditions" dated December 28, 2013 No. 426-FZ, art. 9).

According to Part 1 of Art. 92 Labor Code of the Russian Federation, norm working hours per week for those working in harmful and dangerous jobs - 36. At the same time, the weekly standard of working hours can be established by the manager and in a smaller volume, in particular, 30 hours per week.

For those who work 36 hours a week, the maximum daily workload cannot be more than 8 hours. For those working 30 hours a week, the daily workload should be no more than 6 hours. In this case, it is possible to conclude an agreement with employees to increase the time of daily (shift) work to 12 and 8 hours, respectively.

Other categories of workers for whom the law determines the number of daily working hours

The law determines the daily hours not only for the already listed categories of workers, but also for some others. The establishment of a specific norm in this case is not related to the characteristics of the workers themselves, for example, their age, but is correlated with the specifics of a particular job or employment in several jobs.

The length of the working day is determined for:

• persons working part-time - no more than 4 hours a day; if on a specific day a part-time employee does not work at his main job, he can work full time at an additional job (Article 284 of the Labor Code of the Russian Federation);
• workers on water vessels (floating crew) - 8 hours a day with a five-day week (clause 6 of the regulations on the peculiarities of the regime... workers of floating crew...", approved by order of the Ministry of Transport dated May 16, 2003 No. 133);
• women working on ships in the Far North - 7.2 hours a day (clause 6 of the provisions indicated above);
• minors from 17 to 18 years of age working on ships - 7.2 hours a day (clause 6 of the provisions indicated above);
• drivers with a 5-day work week - 8 hours a day, with a 6-day work week - 7 hours (clause 7 of the regulation on the specifics of working time and rest time for car drivers, approved by Order of the Ministry of Transport on August 20, 2004 No. 15).

Part-time work

The possibility of establishing part-time work is established in Art. 93 Labor Code of the Russian Federation. The manager can assign both a part-time work week and a part-time work day. No one forbids combining a part-time work week with part-time working days, for example, a 3-day week of 5 working hours.

Part-time work is the result of an agreement between the employee and the manager. By general rule the employer has the right to refuse the employee’s application for transfer to part-time work. However, Part 1 of Art. 93 of the Labor Code of the Russian Federation provides for cases when the boss does not have the right to refuse an employee to work for a limited number of hours a day or days a week.

The above applies to the following categories of workers:

• pregnant women (Part 1 of Article 93 of the Labor Code of the Russian Federation);
• parents (guardians or trustees) of a young child or a disabled minor (Part 1 of Article 93 of the Labor Code of the Russian Federation);
• workers caring for a sick family member (if there is evidence - a medical report) (Part 1 of Article 93 of the Labor Code of the Russian Federation);
• workers who are on parental leave (Article 256 of the Labor Code of the Russian Federation).

IMPORTANT! When working part-time, only those hours and days that were worked are paid, that is, wages are reduced (compared to a regular 40-hour work week). Vacation and length of service are calculated in the same way as in the general case.

Length of working day before weekends and holidays

Before weekends and holidays (non-working hours), working hours should be reduced by 1 hour. This is an imperative requirement of Art. 95 Labor Code of the Russian Federation. Meanwhile, the article also provides for an exception to the rule.

So, if it is impossible for an organization to establish a shortened day on the eve of weekends or holidays, since the activity is continuous, it is permissible to transfer this rest time to another time or provide monetary compensation to employees (overtime payment rules apply).

If the organization has a six-day working day, the working time on a pre-holiday day or the day before a weekend cannot be more than 5 hours. There are no similar rules regarding the five-day working day.

An approximate list of shortened days is established by section 1 of the Rostrud Recommendations on compliance with labor legislation standards dated June 2, 2014 No. 1.

How to fix the working hours for all employees of an organization or for a specific employee?

The procedure for fixing the length of daily working hours in an organization depends on whether it is established for one worker or for the entire team. The operating mode common to all is fixed in the PVTR.

IMPORTANT! If all workers work in the same mode, then the number of working days and weekends, working hours per day can be fixed exclusively in the PVTR, without duplicating information in employment contracts, since there is no practical sense in this. In this case, contracts can make a standard reference to the PVTR that determine the operating mode.

A different situation arises when some employees are assigned a different daily working time than everyone else. In this case, you should indicate this information in an employment contract with a specific employee (Part 1 of Article 57 of the Labor Code of the Russian Federation).

When an employee is hired to work part-time, the hiring procedure is practically no different from the general one. There are two differences. Firstly, the employment contract specifies the working hours this employee, and secondly, a note is made in the hiring order that the employee is hired on a part-time basis.

In order to change the working hours of a specific employee, a corresponding additional agreement is concluded to employment contract, which indicates the new operating mode.

So, the total (normal) daily working hours of workers has not been established. At the same time, based on the 40-hour workweek and the number of working days, each manager has the opportunity to calculate the optimal number of daily working hours for workers in the organization. At the same time, we should not forget that some categories of workers cannot have a working day exceeding a certain number of hours.

Valid from March 10 new order calculation and payment of working hours for teachers. In particular, an upper limit has been set for their study load*. Let's analyze the innovations.

* In addition, the introduction of the professional standard for teachers was postponed to January 1, 2017 (letter of the Ministry of Education and Science of Russia dated March 2, 2015 No. 08-237).

O.A. Primakova, expert of the journal “Accounting in Education”

Where to register the study load

The procedure for determining the teaching load teaching staff and the duration of their working hours are approved by order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 (hereinafter referred to as order No. 1601). And the previously valid order of the Ministry of Education and Science of Russia dated December 24, 2010 No. 2075 “On the duration of working hours (standard hours of teaching work for the rate wages) teaching staff” became invalid on March 10. The teacher's workload depends on his position and specialty. The volume of the teaching load is established at the beginning of the academic year and is fixed in the employment contract. The workload of all teaching staff is indicated in the local regulatory act of the educational organization.
Order No. 1601 sets out the rules for determining the teaching load of teachers, the reasons for its change and the upper limit on the number of hours of teaching work.
In addition, it clarifies the standard working time for a teacher-librarian, which is now 36 hours a week.

How to calculate your workload

The length of working time (standard hours of teaching work per wage rate) for teachers is no more than 36 hours per week. The training load is calculated depending on the qualifications, specialization and position of the employee. At the same time, it also matters according to which educational programs there is an educational institution.
In general, the teaching load can range from 18 hours per week to 720 hours per year.
Standard hours of teaching work are established in astronomical clock, including changes and dynamic pauses.
According to the standard hours of teaching work, a calculation is made to determine the employees' monthly wages, taking into account the volume of teaching work per week (per year) established by the organization.
In a situation where an employee performs teaching work above or below the norm, it must be paid according to the hours actually worked.
An exception is cases of payment of wage rates in full, guaranteed in accordance with paragraph 2.2 of Appendix 2 to Order No. 1601.

Local regulations educational institution assignment or change in the teaching load of teachers must be made taking into account the opinion of the representative body of workers (clause 1.9 of Appendix No. 2 to Order No. 1601).

When can the load be reduced?

The teaching load of teachers (except for teaching staff), established at the beginning of the academic year, cannot be reduced in the current academic year at the initiative of the employer.
However, there is an exception to this rule. The load is allowed to be reduced due to the reduction in the number of hours curriculum or a decrease in the number of students. This is stated in paragraph 1.5 of Appendix No. 2 to Order No. 1601.
In addition, the administration cannot reduce the number of hours assigned to an employee in the current academic year for the next academic year. Again, except in cases of changes in curricula or reduction in the number of students. It should be remembered that if it is still necessary to change the teaching load agreed upon with the employee when concluding an employment contract, this can only be done by agreement of the parties and always in writing.
The manager must warn the employee no later than two months in advance about a possible change in workload, providing the reasons for such a decision.

If the teacher’s workload is 18 hours per week

The standard hours for teachers of organizations leading educational activities for additional general education programs in area physical culture and sports. It is 18 hours a week.
In addition, the procedure for calculating and changing such workload has been adjusted for all teachers.
When calculating the teaching load of teachers working at a rate of 18 hours per week, it is important to establish:

• number of hours according to the curriculum;
• work programs of academic subjects;
• staffing institutions.

Payment of the full salary rate is guaranteed to teachers of grades 1-4 when transferring lessons to specialist teachers (subject to additional workload with other teaching work).
Also subject to additional loading full time teachers of individual disciplines receive in educational organizations located in specialized settlements and rural populated areas. This is stated in paragraph 2.2 of Appendix No. 2 to Order No. 1601.
The teaching load for the new academic year is primarily reserved for teachers who work in the institution permanently, at their main place of work.
Graduate teachers are offered teaching hours in classes in which the study of the academic subjects taught by these teachers begins for the first time.
Thus, the administration ensures continuity of teaching academic disciplines and maintains the workload of the institution’s teaching staff.
If teaching hours are reduced, after the expiration of the notice period for their reduction, teachers are paid wages until the end of the school year and during the holidays:

• for the actual remaining number of hours, if it is higher than the standard hours for the rate;
• determined before reducing the teaching load, if the remaining load is lower than or equal to the standard hours academic work per rate (in the event that they cannot be loaded with other teaching work).

For teachers who homeschool children who are unable to attend school for health reasons, these teaching hours are included in the teaching load.
Vacation time for students, including those studying at home, is not a basis for reducing the teaching load and teachers’ salaries.

The volume, procedure and terms of payment for part-time teaching workload are prescribed in the additional agreement to the employment contract (clause 5.4 of Appendix No. 2 to Order No. 1601).

The teaching load in substitution for other teachers must be paid additionally. This condition is contained in paragraph 2.7 of Appendix No. 2 to Order No. 1601.

If working hours are 720 hours per year

A new document for teachers of secondary organizations vocational education The load is determined to be 720 hours per year for 10 academic months.
When such a norm cannot be met due to a teacher’s vacation or sick leave, it is reduced by 1/10 for each full month and on the basis of missed days for an incomplete one (clause 4.4 of Appendix No. 2 to Order No. 1601). At the same time, the average monthly salary is paid regardless of the volume of workload in each month of the school year, as well as during the student holiday period. The load may be reduced during the school year compared to its beginning for reasons beyond the control of the teacher. Then he is paid a salary in the amount established at the beginning of the year.

Workload norm for teaching staff

In order to calculate the volume teaching hours teaching staff at the beginning of the academic year, it is necessary to determine the average volume of the teaching load, as well as its upper limits in accordance with positions. These indicators are set by local normative act educational organization.
As already mentioned, the teaching load of each teacher is calculated depending on his position and qualifications.
Time standards by type educational activities included in the teacher’s workload in accordance with the programs higher education: bachelor's, specialist's and master's degrees. The organization adopts these standards independently.
Local act educational institution They also determine the ratio of the teaching load established for the academic year and other job responsibilities of the employee within working hours.

The unit of time is taken to be academic or astronomical hour according to the established value of the credit unit.

What are the upper load limit restrictions

Depending on the position held, the teaching load of teaching staff may be limited by an upper limit. At the same time, the volume of the teaching load when working part-time should not exceed half of the upper limit of the teaching load established for the positions of the teaching staff.
Let us list the cases of restrictions.
1. In secondary vocational education organizations, with a norm of 720 hours per year, the upper limit does not exceed 1440 hours per year.
2. In higher education organizations, the upper limit of teaching load for teaching staff is 900 hours per year.
3. In organizations of additional professional education for positions of teaching staff, the upper load limit does not exceed 800 hours per year.

Time standards for types of educational activities in training personnel in the interests of defense and security of the state are also established by a local act of the organization. However, they must be agreed upon with the appropriate federal government agency.