How to draw up a work schedule, taking into account the norms of the labor code. New rules for calculating the teaching load of teachers

The norm of working time is the amount of time that an employee must work during a calendar period of time (per month, quarter, year). The norm of working time for a specific period is calculated on the basis of the length of working time per week.

So, according to the calculated schedule of a 5-day 40-hour working week with two days off on Saturday and Sunday, the norm is calculated based on the duration of daily work (shift), which is 8 hours. And if the duration of working time is less than 40 hours per week, then the duration of daily work is determined by dividing the number of hours per week by 5 (clause 1 of the Order, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n).

In addition, the calculation takes into account that the duration of the working day (shift) immediately preceding a non-working holiday is reduced by 1 hour (Article 95 of the Labor Code of the Russian Federation). Thus, the formula for calculating the norm of working hours for the month of 2017 with a 5-day working week looks like this:

Similarly, the norm of working hours for 2017 is considered.

Normal working hours and standard time for 2017

What is the normal working hours per week? In accordance with the Labor Code of the Russian Federation, the normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). This is the maximum value. But since the rationing of working time should take into account the working conditions of workers, their age and other factors, the working time per week may be less than 40 hours. For example, 36 hours a week (Article 92 of the Labor Code of the Russian Federation). With such a length of the working week, the norm of working time, for example, in August 2017 is:

• with a 40-hour working week - 184 hours (8 hours x 23 working days);
• with a 36-hour work week - 165.6 hours (7.2 hours x 23 working days).

In 2017, there are only 3 days when working hours should be reduced by an hour, since they immediately precede the holidays: February 23rd, March 8th and November 4th. That is, the total time reduction is 3 hours. And the total number of working days in a year is 247. As a result, the norm of working hours for 2017 is equal.

Work time- part of the calendar time spent on the production of products or the performance of a certain amount of work and services.

Working time is an indirect cost estimate. For an individual worker, working time is usually measured in hours and days. For a set of employees - in man-days, man-hours. A worked man-day is considered the day on which the employee came to work and started it. Man-hour worked is the hour of actual work of one employee. In fact, a man-hour counted as worked does not always consist of 60 minutes of work. Small breaks in work are identified with the help of timekeeping and photographs of the working day.

The concept of working time and its duration is used, as a rule, in economic and legal aspects. In the legal aspect, working time is the time established by law or based on it, during which employees, in accordance with the rules of internal work schedule must perform the work assigned to them or otherwise labor obligations.

Working hours should be distinguished from actual hours worked.

• Firstly, the actual time worked is the time during which the employee actually participates in the labor process;
• Secondly, remuneration should be made for the actual time worked spent on the performance of any labor operations. It can coincide, be more or less than working time;
• Thirdly, in contrast to the actual violation of the working hours, labor legislation provides for the imposition of certain sanctions.

Normal working hours workers at enterprises, institutions, organizations may not exceed 40 hours per week. This rule applies to employees of all enterprises, regardless of the form of ownership, except for those for whom, in order to protect their health, reduced working hours are provided.

The regulation of working time in a number of industries has its own characteristics. These features are reflected in government decrees, departmental and local regulations.

Employees have a five-day work week with two days off. The duration of daily work is determined by the internal regulations or shift schedules of the enterprise. However, if the introduction of a five-day working week is impractical due to the nature of production and working conditions, a six-day working week with one day off is established.

On the eve of public holidays, the duration of work of employees, except for those for whom a reduced working time is established, is reduced by one hour for both a five-day and a six-day working week.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed 6 hours.

Half-holiday

Along with normal working hours, labor legislation provides for reduced working hours, part-time work, irregular working hours.

Reduced hours of work is established for certain categories of workers and is determined, as a rule, by working conditions, age, physiological features and a number of other factors. So, for workers aged 16 to 18, the working time is set to no more than 36 hours per week; at the age of 15 to 16 years - no more than 24 hours a week; for students aged 14 to 15 working during the holidays - no more than 24 hours a week; for employees working with harmful conditions work, no more than 36 hours per week.

Reduced hours of work no more than 36 hours per week) is also established for a number of categories of workers provided for in the list of industries, workshops, professions and positions with harmful working conditions, for example, for cooks working at the stove, confectioners directly employed at confectionery ovens; for persons combining work with education in educational institutions, etc.

In addition, reduced working time is established for certain categories of workers whose work is associated with increased intellectual and nervous tension(teachers, teachers, educators and other pedagogical workers - 18 - 36 hours a week); for women working in countryside(36 hour week); for disabled people of groups I and II, regardless of the enterprises they work at, a 36-hour work week is established.

Under part-time work refers to working time that is at least 1 hour shorter than the established shift duration, and part-time working week is understood to be working time that is at least 1 day shorter than the established working week duration.

Both part-time work and part-time work week are established by agreement between employees and the administration when they are hired, as well as during work. Payment is made in proportion to the hours worked or depending on the output (revenue).

However, if the initiative to establish part-time work or its cancellation comes from the employer, he is obliged to notify the employee about this two months in advance, since working conditions change significantly.

Part-time work does not entail any restrictions on the duration of annual leave, the calculation of seniority and other labor rights for employees.

It should be borne in mind that part-time work is different from reduced. The main difference is in wages. So, if during part-time work, work is paid, as already mentioned, in proportion to the hours worked or with piecework pay depending on output, then with reduced working time, remuneration is made in full, established by law for certain working conditions or categories of workers.

For managerial, administrative and managerial, economic personnel, as well as for persons whose working hours due to the peculiarities of their working conditions cannot be accurately recorded, an irregular working day may be established. These include heads of enterprises, their deputies, etc.

For employees with irregular working hours the basic provisions of normal working hours apply. They can be involved in work beyond the established working hours only in individual cases, when the work performed requires it, without additional payment. The procedure for compensation for overtime for workers with irregular working hours may be established in collective agreements or in local acts of the head of the enterprise.

Overtime is considered work in excess of the established working hours, and they, as a rule, are not allowed, except for exceptional cases provided for by law (Article 99 of the Labor Code). Work is recognized as overtime, regardless of whether it was part of the employee's normal duties or the employee performed another task entrusted to him by the administration.

Overtime work can be applied only with the consent of the employee and should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

When working at night from 10 pm to 6 am) the established duration of work (shift) is reduced by one hour. Employees with a reduced working day, when working at night, are not further reduced working hours.

The following are not allowed to work at night: pregnant women and women with children under the age of three; workers and employees under the age of 18 and some other categories of workers (Article 96 of the Labor Code).

The duty of workers at enterprises and institutions is established to ensure control over compliance with the order and prompt resolution of some issues related to this. They are entered after the end of the working day, on weekends and holidays in exceptional cases and only in agreement with the trade union body. The duration of duty or work together with duty may not exceed the normal length of the working day. Employees should not be allowed to be on duty more than once a month.

Duty on holidays is compensated by the provision of a day off of the same duration as the duty for the next ten days. Upon dismissal of an employee who has not received time off for duty, time off is provided until dismissal.

It is not allowed to compensate for duty with money, an increased amount of time off (for example, two days off for one day of duty) and lengthening the leave, as well as summing up days off in order to use them in a row.

It is prohibited to involve adolescents, pregnant women, nursing mothers, mothers with children under 12 years of age, and disabled people on duty on weekends and holidays.

Labor law provides two main types: weekly and summed. When weekly, the time spent by the employee during each calendar week is taken into account, when summarized, the time worked during a certain calendar period as a whole (month, quarter, year). Aggregated accounting of working time for a monthly or quarterly period is allowed only in cases where it is not possible to determine the weekly length of working time.

New edition Art. 91 Labor Code of the Russian Federation

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time.

Normal working hours may not exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.

The employer is obliged to keep records of the time actually worked by each employee.

Commentary on Article 91 of the Labor Code of the Russian Federation

Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.

The length of working time is, as a rule, established by fixing the weekly norm of working time.

The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law.

The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).

Article 91 of the Labor Code of the Russian Federation defines working time.

Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, it is in the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working time regime, through which the working time standard established by the current legislation is ensured.

The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and therefore in legal aspect is considered a universal measure of labor.

The significance of the limitation of working hours by law is that:

1) ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life;

2) for the working time established by law, society, production receive from each worker the necessary definite measure of labor;

3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee's labor productivity and the reproduction of a skilled workforce.

The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. So, for example, in accordance with Article 109 of the Labor Code of the Russian Federation, special breaks for heating and rest are included in working hours, provided to employees working in the cold season on outdoors(for example, construction workers, installers, etc.) or in closed unheated rooms, as well as loaders involved in loading and unloading operations. The temperature and strength of the wind, at which this type of break must be provided, is determined by the executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.

Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics of their work, need active rest and a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations.

According to Article 258 of the Labor Code of the Russian Federation, additional breaks for feeding the child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.

As a rule, working hours include periods of performance of the main and preparatory-final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery finished products etc.), provided for by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.

In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee accepting the shift to familiarize himself with the operational documentation, the state of the equipment and the progress technological process, accept oral and written information from the employee handing over the shift to continue the process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.

At the same time, given that Article 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours themselves, the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the rules of internal labor regulations approved in accordance with the established procedure.

Normal hours of work may not exceed 40 hours per week, either on a five- or six-day working week. This is the norm of working hours established by law (Article 91 of the Labor Code of the Russian Federation), which must be observed by the parties to the employment contract (employee and employee) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, duration of the working week. Normal working hours are general rule and is applied in the event that the work is performed under normal working conditions and the persons performing it do not need special measures labor protection; applies to manual and manual workers. Normal working hours should be of such duration as to preserve the possibility of life and work. Its duration depends on the level of development of the productive forces.

It should also be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to both permanent and temporary seasonal workers, to workers hired for the duration of certain work (Articles 58, 59 Labor Code of the Russian Federation), etc.

The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is the time sheet, which reflects all work: daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of reduction of work against the established length of the working day in cases provided for legislation, downtime through no fault of the employee, etc.

It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The duration of the working week is calculated from seven hours of the duration of the working day, the length of working time during the day may be different.

In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working hours, part-time working hours, irregular working hours, overtime work etc.

Another commentary on Art. 91 of the Labor Code of the Russian Federation

1. Article 91 of the Labor Code, firstly, contains a definition of working time, secondly, establishes its maximum duration and, thirdly, indicates the obligation of the employer to keep records of working hours.

2. The definition of working time, given in Part 1 of Art. 91 of the Labor Code, is based on the concept of working time that has developed in the Russian science of labor law and focuses on the factor of obligation: the time during which the employee must perform labor duties can be attributed to the worker. In the definition, in essence, two different concepts are identified: working time as such and its norm. Please note that hours actually worked may not be the same as established by the rules internal labor regulations or labor contract norm of working time. Work in excess of the working hours established for the employee is also considered working time with all the ensuing legal consequences, even if the employer involved the employee in such work in violation of the law and the employee was not obliged to perform it. In such cases, one should be guided by the definition of working time, which is given in ILO Convention No. 30 (1930), where working time is understood as the period during which the worker is at the disposal of the employer. Similar definitions of working time are given in ILO Conventions Nos. 51, 61.

3. Art. 91 of the Labor Code of the Russian Federation emphasizes that other periods are also included in working hours, which, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working hours. Such periods are special breaks for heating and rest, breaks for feeding a child (see Articles 109, 258 of the Labor Code of the Russian Federation and commentary on them).

The collective agreement may also establish other periods relating to working time.

4. Norm of working hours - the number of hours that an employee must work during a certain calendar period. The basis for determining the norm of working time is the calendar week. Based on the weekly norm, if necessary, the norm of working time for other periods (month, quarter, year) is established.

5. For a long period, until 1992, in our country, the state established strict working time standards that were binding on the parties to an employment contract. The legislation explicitly stated that the norms of the length of working hours could not be changed by agreement between the administration and the trade union committee or on the basis of an agreement with the worker and employee, either upwards or downwards. Exceptions to this rule were established in the law itself.

Modern Russian labor legislation - in accordance with the Constitution of the Russian Federation and international legal acts to which Russia has joined - assigned to labor legislation in the field of regulation of working time the function of labor protection, implemented by establishing the law of the maximum measure of labor, which employers neither independently nor by by agreement with the representative bodies of employees or with the employees themselves, they cannot exceed (exceptions to this rule are allowed only in cases established by law - see Articles 97, 99, 101 of the Labor Code of the Russian Federation and commentary thereto). The specific norm of working time is established by a collective agreement or agreement and may be lower than this limit norm (see article 41 of the Labor Code of the Russian Federation and commentary thereto).

6. The normalization of working hours is carried out taking into account working conditions, age and other characteristics of employees and other factors. Depending on the established duration of working hours, labor legislation distinguishes the following types of it:

a) normal working hours;

b) reduced working hours (Article 92 of the Labor Code of the Russian Federation);

c) part-time work (Article 93 of the Labor Code of the Russian Federation).

7. Normal working time is the length of working time applied if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures. Article 91 of the Labor Code of the Russian Federation defines the limit of normal working time at 40 hours a week. Within these limits, the normal duration of working hours is established by the collective agreement, agreements. In cases where a collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the maximum norm established by law, 40 hours a week, acts as the real norm of working time.

8. Accounting for the time actually worked by each employee should be kept in organizations of all organizational and legal forms, except budget institutions, according to the forms T-12 "Time sheet and payroll" or T-13 "Time sheet", approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1. Accounting for the working time of each employee working under an employment contract , should be conducted by the employer - an individual entrepreneur.

Since March 10, a new procedure for calculating and paying working hours for teachers has been in force. In particular, an upper limit has been set for their teaching load*. Let's analyze innovations.

* In addition, the introduction of the professional standard for teachers was postponed until 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 the field of education"

Where to register the study load

The procedure for determining the teaching load of teaching staff and the duration of their working hours were approved by order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 (hereinafter - Order No. 1601). And the previous order of the Ministry of Education and Science of Russia dated December 24, 2010 No. 2075 “On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers” on March 10 became invalid. The workload of a teacher depends on his position and specialty. The volume of the study load is set at the beginning of the academic year and fixed in the employment contract. The volume of workload of all teaching staff is indicated in the local regulatory act of the educational organization.
Order No. 1601 spelled 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 clarified the norm of the working time of a teacher-librarian, which is now 36 hours a week.

How to calculate study load

The length of working time (standard hours of pedagogical work for the wage rate) for teachers is no more than 36 hours per week. The teaching load is calculated depending on the qualifications, specialization and position of the employee. At the same time, it also matters which educational programs operates an educational institution.
In general, the teaching load can be from 18 hours per week to 720 hours per year.
The norms of hours of pedagogical work are set in astronomical hours, including changes and dynamic pauses.
According to the norm of hours of pedagogical work, a calculation is made to determine the monthly salary for employees, taking into account the volume of pedagogical work established by the organization per week (per year).
In a situation where an employee performs teaching work above or below the norm, it must be paid according to the actual hours 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 of an educational institution on the appointment or change in the teaching load of teachers must be adopted taking into account the opinion of the representative body of employees (clause 1.9 of Appendix No. 2 to Order No. 1601).

When the load can be reduced

The teaching load of teachers (except for employees of the 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 a reduction in the number of hours according to the 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 amount of hours assigned to an employee in the current academic year for the next academic year. Again, with the exception of cases of changing curricula or reducing the number of students. At the same time, it should be remembered that if it is still necessary to change the workload agreed with the employee at the conclusion of the employment contract, then this can only be done by agreement of the parties and always in writing.
The manager must notify the employee no later than two months in advance of a possible change in workload, stating the reasons for such a decision.

If the workload of a teacher is 18 hours a week

The norm of hours for teachers of organizations conducting educational activities on additional general educational programs in the field of physical culture and sports has been determined. It is 18 hours a week.
In addition, the procedure for calculating and changing such a load in relation to all teachers has been adjusted.
When calculating the teaching load of teachers working at a rate of 18 hours a week, it is important to establish:

• the number of hours in the curriculum;
• work programs of educational subjects;
• staffing of the institution.

The payment of the full salary rate is guaranteed to teachers of grades 1-4 when transferring lessons to specialist teachers (subject to additional pedagogical work).
Also, subject to additional loading, teachers of individual disciplines in educational organizations located in specialized settlements and rural settlements receive a full-time salary. 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 preserved for teachers who work in the institution permanently, at their main place of work.
Graduate teachers are offered study hours in classes in which the study of the subjects taught by these teachers begins for the first time.
Thus, the administration ensures the continuity of the teaching of academic disciplines and maintains the workload of the teaching staff of the institution.
If the teaching hours are reduced, after the expiration of the notification period for their reduction, teachers until the end of the school year and during the holidays are paid wages:

• for the actually remaining number of hours, if it is higher than the rate of hours for the rate;
• determined before the decrease in the teaching load, if the remaining workload is lower than or equal to the norm of hours of study work for the rate (in the event that they cannot be loaded with other pedagogical work).

For homeschool teachers 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 reason to reduce the teaching load and teachers' salaries.

The volume, procedure and term for paying for the teaching load performed by combining are prescribed in an additional agreement to the employment contract (clause 5.4 of Appendix No. 2 to Order No. 1601).

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

If the working time is 720 hours per year

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

The load rate of the teaching staff

In order to calculate the volume of teaching hours for the 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 the positions. These indicators are established by the local regulatory act of the educational organization.
As already mentioned, the teaching load of each teacher is calculated depending on his position and qualifications.
Time standards by type learning activities include a teacher in the 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 also determine the ratio of the teaching load established for the academic year and other official duties employee during working hours.

An academic or astronomical hour is taken as a unit of time according to the established value of the credit unit.

What are the limits of the upper load limit

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

The time standards for the types of educational activities in the training of 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 coordinated with the relevant federal government agency.