Article 335 of the Labor Code of the Russian Federation with comments

Who can apply

Starting from 2021, new rules for providing such leave have been approved.

According to the rules, teaching staff holding positions named in Section I of the nomenclature of positions for teaching staff of organizations engaged in educational activities, approved by decree of the Government of the Russian Federation, can apply for leave for up to one year.

Let us designate the categories of employees of preschool institutions and schools who have the right to long leave:

teacher, senior teacher;
instructor-methodologist, labor instructor, physical education instructor;
accompanist;
speech therapist;
master of industrial training;
Methodist;
musical director;
additional education teacher;
teacher-librarian, teacher-organizer, educational psychologist;
teacher;
social teacher;
senior counselor;
trainer-teacher;
tutor;
teacher, speech pathologist, speech therapist.

Another comment on Article 335 of the Labor Code of the Russian Federation

1. The provisions of the commented article provide a special guarantee for persons engaged in teaching activities for a long time. This guarantee extends to the determination of a special rest period that is sufficiently long in duration. The emergence of the right to such a long leave is determined by a number of conditions for the length of teaching experience: - continuity, i.e. absence of breaks in the employee’s work experience that exceed the limits established by law, during which continuous work experience is maintained. An exception to the general rule is cases of dismissal of an employee due to a reduction in the number or staff of the employee, providing him with special guarantees for calculating continuous service; — duration — the implementation of teaching activities continuously for more than 10 years in a row. Ten years of teaching experience gives the employee the right to receive this type of leave. Moreover, the emergence of the right to leave is not associated with work exclusively in one educational organization, but only indicates the continuity of teaching activities, including those carried out in different organizations.

The guarantee provided for in the commented article, on the one hand, ensures the employee’s right to receive the type of rest time guaranteed by law. On the other hand, granting an employee the right to receive leave predetermines the employer’s obligation to provide this type of leave to the employee upon request. Thus, the initiative to provide this guarantee belongs to the employee, and the employer is charged with the responsibility for its implementation.

2. The procedure for granting leave provided for in the commented article is regulated by Order of the Ministry of Education of the Russian Federation dated December 7, 2000 N 3570 “On approval of the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year.”

As a general rule, this type of leave is subject to the general provisions of the Labor Code of the Russian Federation, which apply to other types of leave, in particular leave without pay, for example, for an employee on a long leave, not only the place of work is retained, but also the total amount of teaching load, which is a feature of this category.

Procedure and terms of provision

As a rule, the employee submits a written application to the manager with a request for long leave.

The manager checks whether the employee has the length of service required to exercise this right and evaluates the possibility of granting leave within the period specified by the employee. If the required length of service is available and there are no obstacles to applying for leave, the manager issues an order to grant leave and enters information about it into the employee’s personal card in the general manner.

Many educational organizations do not allow long-term leave to be granted to two or more employees at the same time.

Attention! The experience required for leave can be gained in various educational organizations, including private ones, but only if the latter have state accreditation.

Starting from 2021, new rules for calculating length of continuous teaching work for such leave have been clarified:

actual time worked for filling positions of teaching staff under an employment contract;

Attention! Such periods of actually worked time are summed up only if the duration of the break between dismissal and entry into work is no more than 3 months.

the time when the teacher was not actually working, but he retained his place of work (position) (forced absenteeism, transfer to another job and subsequent reinstatement to his previous job);
time for filling positions of teaching staff under an employment contract during the period of practical training, if the break between graduation from an educational institution and entry into teaching work did not exceed 1 month.

Attention! The length of service required for a teacher’s long leave is not considered interrupted if the employee moved from one organization to another and did not work for less than 1 month.

Thus, if previously the length of service required for a long vacation did not take into account breaks between jobs, now the situation has changed.

As a rule, in order to retire, a teacher must fulfill a number of requirements:

complete the teaching load provided for in the work plan at the beginning of the year (teacher - 36 hours per week, speech therapist - 20 hours per week);
the teacher must primarily be registered as the main employee in this organization;
notify the manager in advance so that he can adjust the curriculum and distribute the workload among teaching staff.

It is legally determined that the duration of long-term leave, the order in which it is granted, its division into parts, extension on the basis of a certificate of incapacity for work, the addition of long-term leave to the annual main paid leave and other issues are determined by the collective agreement, and not by the charter of the educational institution, as was the case previously.

The collective agreement of an educational organization should consider the following provisions:

duration of vacation (no more than a year), frequency of vacation is displayed in the schedule;
the priority of its provision (but not less than once every 10 years);
possibility of extension in case of illness;
adding vacation to the annual basic leave;
the possibility of obtaining such leave for a part-time worker;
payment, in cases where it is not required by law.

Attention! If vacation is provided in accordance with a certain schedule, then such vacation can be postponed only with the consent of both parties. To do this, you need to write another application with a request to cancel the already assigned vacation and reschedule it for another date. However, the manager has the right to disagree.

What periods can be included in continuous service?

To be granted long leave, work experience in one of the above positions must be confirmed for at least 10 years.

This length of service includes the following periods:

This is important to know: Is vacation available to an external part-time worker?

1. Actual time worked. In case of dismissal and subsequent placement in a teaching position, the period between dismissal and official employment should not exceed 3 months.

2. Parental leave until the child reaches the age of 3 years.

3. The time when the teacher did not actually work, but he retained his place of work and position (including the time of forced absence due to illegal dismissal).

4. Industrial practice is included if the period between its completion and the day of entry into teaching work does not exceed 1 month.

Guarantees for teachers

During the period of long-term leave, the teacher retains:

Place of work, position);
study load.

During this period, transfer of an employee to another job and dismissal at the initiative of the organization are not allowed (with the exception of complete liquidation of an educational institution).

It is important to note that a long-term vacation of a teaching employee does not affect the vacation period of the main vacation.

Attention! If a dismissal is carried out during a long vacation, this will be a serious mistake by the manager. The employee will be able to freely contact the Labor Inspectorate or the Prosecutor's Office.

Notes to the law

The established duration of leave, basic, extended, paid and entitled only to teaching and management employees of educational institutions, does not depend on departmental subordination and the legal organizational form of the institution. However, in order to determine the number of days that teachers' next vacation contains, one must constantly be guided by the notes and appendices to the new law.

For example, the notes indicate that teachers of art schools, which include music, art and others related to additional education of children, are entitled to 56 days of leave. This is stated in paragraph 2 of the notes to the law. Another example: the duration of leave for a teacher working in an institution that is not educational, according to Resolution No. 1052 of 1994, is 42 days according to the calendar. This is how educators, social workers and many other employees of organizations, enterprises and institutions relax.

Teacher's review from vacation

Due to work needs, a teacher can be recalled from vacation. However, such a review is allowed only with the consent of the teacher (Article 125 of the Labor Code of the Russian Federation).

In this case, the teacher needs to write a statement that he does not mind being recalled from vacation. The unused portion of the vacation does not expire upon recall. The manager must agree with the teacher on the time when he will use the rest of the vacation. This is reflected in the recall order, which the employee is presented with upon signature.

Types of teachers and differences in vacations

The minimum duration of annual main vacations established for teachers is determined by Decree of the Russian Government of May 14, 2015 No. 466. This document regulates the duration of vacations and their dependence on the type of educational institution, namely:

for teaching staff of preschool educational organizations (including managers) – 42 days;
for teachers of preschool institutions (including directors) working with children who have disabilities or require long-term treatment - 56 days;
for teachers and heads of additional education organizations – 42 days;
for teachers and heads of additional education institutions with a specialization in the field of arts - 56 days;
for additional education teachers working with people with disabilities – 56 days;
for teachers of a number of institutions (general education, vocational education, higher education, as well as additional vocational education) – 56 days;
for teachers and music directors working in groups for preschoolers with disabilities – 56 days;
for music directors and teachers – 42 days;
for teachers working in organizations providing treatment, providing psychological, social and medical assistance, as well as for orphans and children without parental care - 56 days;
for teachers of institutions that have the right to implement projects to identify individuals with outstanding abilities – 42 days.

Specific positions of teachers, referenced in Resolution No. 466 of May 14, 2015, are given in Resolution of the Government of Russia of August 8, 2013 No. 678.

Implementation

Please note that long-term leave can be granted to a teaching staff at any time. However, such leave should not adversely affect the activities of the educational organization.

Most often, teaching staff prefer to use vacations exclusively during the holidays. Since educational institutions often experience a shortage of staff, management is reluctant to allow employees to go on vacation during the educational process.

Nevertheless, in practice, teaching staff are granted this type of leave, but only a few are paid.

Did any of you go on a long vacation? What difficulties have you encountered?

Long leave of teaching staff

Long-term leave for teaching staff up to 1 year and the procedure for its provision in practice.

Long-term leave of absence for teaching staff for a period of up to one year is provided for by the federal law “On Education in the Russian Federation”. What is the procedure for granting long-term leave to teaching staff?

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Teaching staff have the right not only to extended annual paid leave. Once every ten years of continuous work, teaching staff have the right to a long vacation, lasting up to one year.

Calculation and payment of vacation days

To calculate vacation amounts intended for payment to teachers, the average daily earnings for the previous 12 months must be determined, which is multiplied by the number of vacation days. The following accruals should be taken into account in average earnings:

on salaries;
for hours of teaching activity (in addition to the established teaching load);
for great leadership;
as a regional coefficient;
as established bonuses (for professionalism, academic title, length of service, combination, knowledge of foreign languages, etc.);
as a bonus;
for checking written work;
for managing the classroom.

Additional payments

As a rule, remuneration for success in teaching activities is considered as additional incentive payments intended for teachers. The list of such achievements is stipulated by law, labor contracts and collective agreements.

In accordance with the order of the Ministry of Health and Social Development of Russia No. 818 dated December 29, 2007, a list of incentive bonuses is established that are used in budgetary institutions. It includes payments:

for the quality of work;
for intensity;
for length of service;
for high results;
for the results of the work.

In accordance with the requirements of the Ministry of Health and Social Development of the Russian Federation, the volume of financial resources allocated for material incentives for teachers must be at least 30% of the organization’s payroll.

Payments of an stimulating nature are established for teachers on the basis of criteria that allow them to evaluate quality, intensity, indicators of length of service, effectiveness and overall results of work activity. These criteria are developed in collective agreements and local acts based on the recommendations of federal authorities.

Certain aspects of the incentive system should be specified in the labor contracts of teaching staff. In the event of the introduction of remuneration systems or bonus provisions for employees of educational institutions, information on the amount and criteria for the application of incentive payments should be updated in the individual employment contracts of teachers.