Legal regulation of teacher's work. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Legal regulation of teacher's work. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

In accordance with the Constitution of the Russian Federation, every citizen has the right to work that he freely chooses or to which he freely agrees, the right to dispose of his abilities for work, to choose a profession and occupation, as well as the right to protection from unemployment.

Every employee has the right (Article 21 of the Labor Code of the Russian Federation):

on working conditions that meet the requirements of safety and hygiene;
for compensation for harm caused by damage to health in connection with work;
to equal remuneration for equal work without any discrimination and not below the minimum amount established by law;
for rest, provided by the establishment of the maximum duration of working hours, reduced working hours for a number of professions and jobs, the provision of weekly days off, holidays, as well as paid annual holidays;
to join trade unions;
for compulsory social insurance and provision by age, in case of disability and in other cases established by law;
for judicial protection of their labor rights, etc.

Working conditions are included in the employment contract and must comply with the requirements of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (Article 9) and the Labor Code of the Russian Federation, as well as other regulatory legal acts (collective agreements).

Employment contract - an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, timely and in full to pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization.

In the Russian Federation, an employment contract can be concluded with any employee. An unreasonable refusal to conclude an employment contract is prohibited (Article 64 of the Labor Code of the Russian Federation).

The employment contract specifies (Article 57 of the Labor Code of the Russian Federation):

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract,
place of work (indicating the structural unit);
date of commencement of work;
the name of the position, specialty, profession, indicating qualifications in accordance with the staffing table of the organization or a specific labor function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the order established by the Government of the Russian Federation;
rights and duties of the employee;
rights and obligations of the employer;
characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
the regime of work and rest (if it differs from the general rules established in the organization in relation to this employee);
terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);
types and conditions of social insurance directly related to labor activity, etc.

Terms of the employment contract can be changed only by agreement of the parties and in writing.

If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract.

Labor contracts can be concluded:

For undefined period;
for a fixed period of not more than five years (fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

If the employment contract does not specify the term of its validity, then the contract is considered concluded for an indefinite period.

A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for a specific period. с taking into account the nature of the work to be done or the conditions for its implementation, the interests of the employee, etc.

An employer may establish a probationary period for a hired employee and, if the results of the test are unsatisfactory, terminate the employment contract without agreement with the elected trade union body of the organization (Article 71 of the Labor Code of the Russian Federation). Besides, grounds for terminating an employment contract is (Article 77 of the Labor Code of the Russian Federation):

agreement of the parties;
expiration of the term (clause 2 of article 58 of the Labor Code of the Russian Federation), except for cases when the employment relationship actually continues and none of the parties has demanded their termination;
conscription or admission of an employee to military service;
termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
termination of the employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation);
transfer of an employee with his consent to another organization or transfer to an elective position;
refusal of the employee to continue work in connection with a change in the essential terms of the employment contract (Article 73 of the Labor Code of the Russian Federation);
for health reasons, if, according to the conclusion of the medical and social expert commission (MSEC), the employee is recognized as disabled, etc.

In the latter case, the administration of the organization is obliged to terminate the employment contract, including a fixed-term one, before its expiration.

In the event of termination of the employment contract in accordance with paragraph 11 of Art. 77 of the Labor Code of the Russian Federation, the employer pays the employee a severance pay in the amount of the average monthly earnings, if the violation of the rules for concluding an employment contract was made through no fault of the employee.

The employment contract comes into force from the day it is signed by the employee and the employer. The employee is obliged to start performing labor duties from the day specified in the employment contract.

Working hours and rest time. The duration and types of the working day are established by the Labor Code of the Russian Federation. Normal working hours - no more than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). The reduced working hours are established by art. 92 of the Labor Code of the Russian Federation.

Normal working hours are reduced by:

16 hours a week - for employees under the age of 16;
5 hours a week - for employees who are disabled people of groups I and II;
4 hours per week - for employees aged 16 to 18;
4 hours a week or more - for workers employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

The duration of daily work (shift) cannot exceed (Article 94 of the Labor Code of the Russian Federation):

for employees aged 15 to 16 - 5 hours, aged 16 to 18 - 7 hours;
for students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged 14 to 16 years - 2,5 hours, aged 16 to 18 years - 3,5 hours;
for the disabled - in accordance with the medical report.

For workers employed in jobs with harmful and (or) dangerous working conditions, where a reduced working time is established, the maximum allowable duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;
with a 30-hour work week or less - 6 hours.

The duration of work of employees on the eve of holidays and weekends is reduced by 1 hour (Article 95 of the Labor Code of the Russian Federation).

Part-time work may be established by agreement between the employee and the employer. Remuneration is made in proportion to the hours worked or depending on the amount of work performed.

Work outside the normal working hours can be carried out both at the initiative of the employee (part-time job) and at the initiative of the employer (overtime work).

The employee has the right to conclude an employment contract with another employer on the terms of an external part-time job.

Work outside normal working hours may not exceed 4 hours per day and 16 hours per week.

Overtime work must not exceed 4 hours for each employee within two days and 120 hours per year.

The working time regime is established by a collective agreement or internal labor regulations or other regulatory legal acts (Article 100 of the Labor Code of the Russian Federation).

A break for rest and meals for employees is provided for a duration of not more than 2 hours and not less than 30 minutes. A break is not included in working hours (Article 107 of the Labor Code of the Russian Federation).

Days off are provided in the following number:

2 days with a 5-day work week;
1 day for a 6 day work week.

When employees are involved in work on weekends and holidays in organizations, the suspension of work of which on weekends and holidays is impossible due to production conditions, employees are provided with another day of rest on different days of the week.

In Art. 112 of the Labor Code of the Russian Federation provides a list of non-working holidays. Involvement of employees to work on weekends and non-working holidays is carried out by written order of the employer.

Vacation regulations. It has been established that employees are provided with an annual basic paid leave of 28 calendar days. Along with this, the labor legislation retains the current system of additional holidays.

Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by federal laws.

Organizations, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations (Article 116 of the Labor Code of the Russian Federation).

Lists of industries, jobs, professions and positions, work in which gives the right to additional paid leave for work with harmful and (or) dangerous working conditions, as well as the minimum duration of this leave and the conditions for its provision are approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on regulation of social and labor relations.

For family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave. Depending on the category of employees, the duration of this vacation can be from 14 to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation).

Forced leave without pay at the initiative of the employer is not provided for by labor legislation.

Wage. Wage regulation is carried out in accordance with the Labor Code of the Russian Federation. The maximum wage is not limited (Article 132 of the Labor Code of the Russian Federation), but this does not apply to the public sector, where wages are determined based on the certification of employees and the Unified Tariff Scale.

In addition to the direct payment of wages, labor legislation retained such payments as bonuses, remuneration based on the overall results of work for the year, fixed in the relevant provisions, in collective and labor contracts.

Work on weekends and non-working holidays is paid at least twice:

employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate;
employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary.

At the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest (Article 153 of the Labor Code of the Russian Federation).

The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract (Article 154 of the Labor Code of the Russian Federation).

Features of the regulation of labor protection of pedagogical workers. Persons with an educational qualification, which is determined in the manner established by the model regulations on educational institutions of the corresponding types and types, approved by the Government of the Russian Federation, are allowed to teach. Persons to whom this activity is prohibited by a court verdict or for medical reasons, as well as persons who have been convicted for certain crimes, are not allowed to teach. Lists of relevant medical contraindications and crimes, in the presence of which persons are not allowed to teach, are established by federal laws (Article 331 of the Labor Code of the Russian Federation).

The replacement of all positions of scientific and pedagogical workers in a higher educational institution is carried out under an employment contract concluded for a period of up to five years.

When filling positions of scientific and pedagogical workers in a higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract is preceded by a competitive selection. The regulation on the procedure for filling these positions is approved in the manner established by the Government of the Russian Federation.

The positions of the dean of the faculty and the head of the department of a higher educational institution are elective. The procedure for elections to these positions is determined by the statutes of higher educational institutions.

In state and municipal higher educational institutions, the positions of rectors, vice-rectors, deans of faculties, heads of branches (institutes) are filled by persons not older than sixty-five years, regardless of the time of conclusion of employment contracts. Persons holding these positions and having reached the specified age are transferred, with their consent, to other positions corresponding to their qualifications. Vice-rectors are hired under a fixed-term employment contract. The expiration date of a fixed-term employment contract concluded by the vice-rector with a higher educational institution coincides with the expiration date of the rector's powers. On the proposal of the academic council of a higher educational institution, the founder (founders) has the right to extend the term of office of the rector until he reaches the age of seventy years. On the proposal of the academic council of a higher educational institution, the rector has the right to extend the term of office of vice-rector, dean of the faculty, head of the branch (institute) until they reach the age of seventy years (Article 332 of the Labor Code of the Russian Federation).

For teaching staff of educational institutions, a reduced working time is established - no more than 36 hours per week.

The teaching load of a pedagogical worker of an educational institution, stipulated in an employment contract, may be limited by the upper limit in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the Government of the Russian Federation.

Depending on the position and (or) specialty, for pedagogical workers of educational institutions, taking into account the characteristics of their work, the duration of working hours (standard hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation. Teaching staff are allowed to work part-time, including in a similar position, in a similar specialty (Article 333 of the Labor Code of the Russian Federation).

The teaching staff of an educational institution is provided with an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation (Article 334 of the Labor Code of the Russian Federation).

The teaching staff of an educational institution, at least every 10 years of continuous teaching work, are entitled to a long vacation for up to one year, the procedure and conditions for providing which are determined by the founder and (or) the charter of this educational institution (Article 335 of the Labor Code of the Russian Federation).

In addition to the grounds provided for by the Labor Code of the Russian Federation and other federal laws, the grounds for termination of an employment contract with a pedagogical worker of an educational institution are:

repeated within one year gross violation of the charter of the educational institution;
the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;
achievement by the rector, vice-rector, dean of the faculty, head of the branch (institute), state or municipal educational institution of higher professional education of the age of sixty-five years (Article 336 of the Labor Code of the Russian Federation).

Authors: Volkhin S.N., Petrova S.P., Petrov V.P.

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