Duration of extended leave for industrial training foreman. Master of Industrial Training

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

ABOUT THE DIRECTION OF EXPLANATIONS
(together with “Explanations on the issues of professional training of drivers of vehicles of relevant categories and subcategories”)

The Ministry of Education and Science of Russia, in order to provide methodological assistance to organizations implementing vocational training programs for drivers of vehicles of the relevant categories and subcategories, sends clarifications on the issues of vocational training of drivers of vehicles of the relevant categories and subcategories.

A.A.KLIMOV

Application

EXPLANATIONS
ON PROFESSIONAL TRAINING OF DRIVERS
VEHICLES RELEVANT
CATEGORIES AND SUBCATEGORIES

Abbreviations used:
1. Federal Law N 273-FZ - Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”;
2. Federal Law N 196-FZ - Federal Law of December 10, 1995 N 196-FZ “On Safety traffic»;
3. Nomenclature - Nomenclature of positions of teaching staff of organizations implementing educational activities, positions of heads of educational organizations, approved by Decree of the Government of the Russian Federation of August 8, 2013 N 678;
4. Exemplary programs - Exemplary professional training programs for drivers of vehicles of the relevant categories and subcategories, approved by order of the Ministry of Education and Science of Russia dated December 26, 2013 N 1408 (registered by the Ministry of Justice of Russia on July 9, 2014, registration N 33026);
5. Regulations on licensing - Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2013 N 966.

Question 1. What type of educational organization can be classified as an organization that implements educational vocational training programs as the main goal of its activities?

According to paragraph 12 of Article 2 Federal Law N 273-FZ vocational training is a type of education that is implemented through basic programs vocational training, retraining and advanced training.
Educational organizations are divided into types in accordance with educational programs, the implementation of which is the main goal of their activities (Part 1 of Article 23 of Federal Law N 273-FZ).
In accordance with the Federal Law of July 13, 2015 N 238-FZ “On Amendments to the Federal Law “On Education in the Russian Federation”, amendments were made to Federal Law N 273-FZ. The amendments made to paragraph 3 of part 2 of Article 23 define educational activities under vocational training programs for a professional educational organization as the main goal of its activities.
Thus, all educational organizations that provide training for vehicle drivers will be able to classify themselves as a professional educational organization.

Question 2. Is it possible to classify the position of an instructor (master) in teaching practical driving as a teaching staff and what are the requirements for them?
According to the current legislation of the Russian Federation, the position of driving instructor does not belong to the positions of teaching staff.
According to paragraph 1 of Article 26 of Federal Law N 196-FZ, training of vehicle drivers is vocational training.
Vocational training is provided through vocational training programs.
Vocational training programs are implemented by teaching staff.
According to Part 1 of Article 46 of Federal Law N 273-FZ, the right to engage in teaching activities is granted to persons with secondary vocational or higher education and who meet the qualification requirements specified in qualification reference books and (or) professional standards.
In accordance with Federal Law N 273-FZ and in accordance with the Nomenclature, the positions of teaching staff of organizations carrying out educational activities for driver training include teachers and industrial training masters (subsection 2 of section I of the Nomenclature).
The Unified Qualification Directory of Positions for Managers, Specialists and Employees, section “Qualification Characteristics of Positions for Education Workers,” approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 N 761n, establishes the following qualification requirements for a master of industrial training: higher vocational education or secondary vocational education in the areas corresponding to the training profiles, and additional professional education in the field of training “Education and Pedagogy” without presenting requirements for work experience.

Question 3. What is the duration of the industrial training master's vacation?
According to the Nomenclature, the master of industrial training is classified as a teaching worker.
Currently, Resolution of the Government of the Russian Federation dated May 14, 2015 N 466 “On annual basic extended paid leave” is in force, in accordance with which the duration of the annual basic extended paid leave provided to teaching staff is established (hereinafter referred to as Resolution N 466).
Clause 1 of Section III of the Appendix to Resolution No. 466 establishes that in professional educational organizations the duration of the annual basic extended paid leave for industrial training masters is 56 calendar days.

Question 4. Is it possible to perform the work of a master of industrial training in practical driving under a civil contract?
According to Part 3 of Article 28 of Federal Law N 273-FZ, hiring workers, concluding with them and terminating employment contracts, unless otherwise established by this Federal Law, distribution job responsibilities, creation of conditions and organization of additional professional education for employees falls within the competence of the educational organization.
In accordance with Article 420 of the Civil Code of the Russian Federation of November 30, 1994, a contract is an agreement of two or more persons on the establishment, modification or termination of civil rights and obligations, to which the rules on bilateral and multilateral transactions apply.
It is not legally prohibited to enter into a civil contract with a vocational training master.

Question 5. How can the relationship be established between an organization providing professional training for vehicle drivers and individual entrepreneurs?
The relationship between an organization providing professional training for vehicle drivers and individual entrepreneurs can be carried out on the basis of civil contracts and in the form of network interaction.
According to Part 1 of Article 15 of Federal Law N 273-FZ joint activities organizations carrying out educational activities may be based on the use of a network form of implementation educational programs, which provides the opportunity for students to master an educational program using the resources of several organizations carrying out educational activities.
According to Article 2 of Federal Law N 273-FZ, individual entrepreneurs carrying out educational activities are equated to organizations carrying out educational activities, except for individual entrepreneurs carrying out educational activities directly.
In accordance with paragraph 2 of Article 21 of Federal Law N 273-FZ, individual entrepreneurs are subject to all the rights and obligations of an educational organization.
Thus, organizations carrying out educational activities on professional training of vehicle drivers can carry out relationships in a network form with individual entrepreneurs equated to organizations carrying out educational activities, which are subject to all the rights and obligations of an educational organization, except for individual entrepreneurs carrying out educational activities directly.
Individual entrepreneurs who carry out educational activities directly cannot be classified as other organizations specified in Part 1 of Article 15 of Federal Law No. 273-FZ.
The relationship between an organization carrying out educational activities and individual entrepreneurs as individuals can be carried out on the basis of an employment contract and on the basis of a civil law contract.
It should be taken into account that when concluding a civil contract between a person and an organization carrying out educational activities, the rights and freedoms of a teaching worker, enshrined in Federal Law No. 273-FZ and the Labor Code of the Russian Federation, do not apply to the specified person.

Question 6. Are persons under eighteen years of age allowed to participate in vocational training programs for drivers of vehicles of the relevant categories and subcategories?
The Russian Ministry of Education and Science has developed and approved sample programs.
Model programs provide for the development by educational organizations of educational programs for professional training of drivers of vehicles of relevant categories and subcategories for persons under 18 years of age, in accordance with Section I of the Model Programs.
According to paragraph 21.4 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers of the Government of the Russian Federation of October 23, 1993 N 1090, a person learning to drive a car must be at least 16 years old.

Question 7. Is the use of equipment and premises allowed by organizations providing professional training for drivers of vehicles of the relevant categories and subcategories under a rental agreement?
Sample programs define a list of equipment groups required to implement the program.
In accordance with Article 28 of Federal Law N 273-FZ, an organization carrying out educational activities is independent in carrying out educational activities in accordance with the said Federal Law, other regulatory legal acts of the Russian Federation and the charter of the educational organization. In particular, the competence of an educational organization includes material and technical support for educational activities, equipment of premises in accordance with state and local standards and requirements.
Thus, the legislation of the Russian Federation does not prohibit the use of equipment and premises in organizations providing driving training for vehicles under a rental agreement.

Question 8. What is the maximum teaching load for teachers and industrial training specialists who provide vocational training for vehicle drivers? Can they work part-time?
According to paragraph 2.1 of the order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff specified in the employment contract” and Article 333 Labor Code The Russian Federation establishes reduced working hours for teaching staff, no more than 36 hours per week.
Implementation by teaching staff labor activity part-time work is not prohibited by the legislation of the Russian Federation in the field of education.
According to subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (registered by the Ministry of Justice of Russia on August 7, 2003, registration N 4963) for pedagogical for employees (including trainers-teachers, trainers), the duration of part-time work is half the monthly standard of working time, calculated from the established length of the working week. For teaching staff whose half of the monthly working time for their main job is less than 16 hours per week, the duration of part-time work is 16 hours of work per week.

Question 9. Can an organization’s educational programs be longer or shorter in duration than the amount of training hours recorded in the Model Programs?
According to paragraph 6 of part 3 of Article 28 of Federal Law N 273-FZ, the development and approval of educational programs falls within the competence of the educational organization.
Educational programs for vocational training of vehicle drivers are developed in accordance with the Model Programs, which establish the minimum volume of the curriculum.
An educational organization has the right to specify in the curriculum of its educational programs a larger number of hours for learning to drive a vehicle and make additions to the content of educational programs, taking into account the specifics of training in a particular educational organization.

Question 10. Can vocational training programs for vehicle drivers be implemented using distance learning technologies?
In accordance with Article 26 of Federal Law N 196-FZ, training of vehicle drivers is vocational training.
Implementation of vocational training programs using e-learning and distance educational technologies are not prohibited by the legislation of the Russian Federation in the field of education.
In accordance with paragraph 2 of the Procedure for the use of e-learning by organizations engaged in educational activities, distance educational technologies in the implementation of educational programs, approved by Order of the Ministry of Education and Science of Russia dated January 9, 2014 No. 2 (hereinafter referred to as the Procedure), organizations engaged in educational activities implement educational programs or parts thereof using e-learning, distance educational technologies in the forms of education and forms of training provided for by Federal Law N 273-FZ or in their combination, during training sessions, practices, ongoing monitoring of progress, intermediate, final and (or) state final certification of students.
Thus, the use of distance learning technologies is possible when conducting theoretical classes in training programs for drivers of vehicles of various categories, taking into account the requirements established by this Procedure.

Question 11. Should organizations providing vocational training create special conditions for training people with disabilities?
Yes. In accordance with Part 10 of Article 79 of Federal Law N 273-FZ, professional educational organizations and educational organizations of higher education, as well as organizations carrying out educational activities in basic vocational training programs, must create special conditions for students with disabilities to receive education.
According to Part 8 of Article 79 of Federal Law N 273-FZ, vocational training and vocational education of students with disabilities are carried out on the basis of educational programs adapted, if necessary, for the training of these students.
The presence of a professional educational organization, an educational organization of higher education, an organization carrying out educational activities in basic vocational training programs, special conditions for obtaining education by students with disabilities in accordance with Article 79 of Federal Law N 273-FZ is a licensing requirement for the applicant licenses to carry out educational activities and to the licensee when carrying out educational activities (subparagraph “g” of paragraph 4 and subparagraph “i” of paragraph 6 of the Licensing Regulations).

Question 12. Are persons with disabilities allowed to work as drivers?
According to the Model Programs, persons with disabilities are given the opportunity to learn to drive.
At the same time, in accordance with paragraph 1 of Article 26 of Federal Law N 196-FZ, persons who have a medical certificate stating that there are no contraindications to driving vehicles are allowed to take exams, which is admission to the profession.
Thus, persons with disabilities have the right to training in all categories and subcategories of vehicles, but admission to work is determined based on the results medical examination(examinations).

Question 13. Are organizations providing professional training for vehicle drivers required to equip a medical office?
Part 3 of Article 41 of Federal Law N 273-FZ stipulates that an educational organization is obliged to provide free of charge medical organization premises that meet the conditions and requirements for carrying out medical activities.
In accordance with paragraph 10 of the Licensing Regulations, in order to obtain a license, the license applicant submits to the licensing authority, among other things, copies of documents confirming the availability of premises with appropriate conditions for the work of medical workers.
In addition, according to subparagraph “c” of paragraph 4 and subparagraph “c” of paragraph 6 of the Licensing Regulations, one of the licensing requirements for an applicant for a license to carry out educational activities, as well as the licensing requirement for a licensee when carrying out educational activities, is the presence of conditions for health protection students in accordance with Articles 37 and 41 of Federal Law N 273-FZ.
According to paragraph 9 of the Licensing Regulations, failure by the licensee to comply with the requirements established by subparagraph “c” of paragraph 6 of the Licensing Regulations is a gross violation of licensing requirements and conditions.
Based on the foregoing, an organization carrying out educational activities in basic vocational training programs is required to have premises for carrying out medical activities in accordance with established requirements.

Deputy Director
Department of State
training policies
workers and additional vocational training
T.V.RYABKO

1. How much does a vocational training master earn in Russia in the city of Shimanovsk?

1.1. As much as specified in his employment contract
. Wage setting
The employee’s salary is established by the employment contract in accordance with the current employer’s remuneration systems.
Remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, local regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.

2. Is it included in teaching experience work as a master of industrial training at GAPOU.

2.1. If it has all the necessary licenses, and it is an institution of primary and secondary vocational education (college, lyceum, technical school) - yes.

3. Is it possible to work as a master of industrial training with a higher legal education?

3.1. And it is possible and necessary if you meet the requirements for this position established by the local acts of the organization in which this position exists;

4. What is the rate for a master of industrial training in a vocational school in the country?

4.1. There are no universal rates across the country, since education is financed from regional budgets. Therefore, the rates depend on how much the region supports education.

4.2. Hello! The rate is set in the employment contract and the organization’s staffing table. The rate varies by region, because... related to the budget.

5. The number of hours for a master of industrial training in secondary vocational education.

5.1. The number of hours per rate is determined by the employer in the relevant local documents of the organization. You have the right to familiarize yourself with these documents in accordance with Article 8 of the Labor Code of the Russian Federation.

6. Validity period of the certificate of the master of industrial driving training.

6.1. Vladimir. The validity period of the certificate must be indicated in the document itself; if not indicated, check with those who issued the document. Usually it is 5 years
Good luck to you. Anna Titova.

7. Is it legal for the technical school (PPSZ) to have positions for a master of industrial training?

7.1. Hello, at the federal level, this nuance is not regulated by more than one regulatory document. This should be provided for in the staffing schedule of the educational institution. Thank you for your contact to our website.

8. Please, does teaching experience include working as a master of industrial training? Thank you.

8.1. Hello! For an accurate answer, you need to know the details: the name of the institution where you work; number of children under 18 years of age, etc.

The position "master of industrial training" is named in the List of positions and institutions, work in which is counted towards the length of service giving the right to early appointment old-age labor pension for persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law "On labor pensions in the Russian Federation" (approved by Decree of the Government of the Russian Federation of October 29, 2002 N 781).

9. The person who previously occupied public service The Ministry of Internal Affairs of the Russian Federation was convicted under Part 1 of Art. 386 of the Criminal Code of the Russian Federation to a fine, with a restriction on engaging in certain activities for 1 year. Such a person may be employed in an educational organization as a master of industrial driving training.

9.1. Hello! Apparently you meant Part 1 of Art. 286 of the Criminal Code of the Russian Federation, and not Art. 386 (there is no such article in the code). A person who has or has had a criminal record under Part 1 of Art. 286 of the Criminal Code of the Russian Federation may be allowed to work in the field of education, upbringing, and development of minors (Articles 331, 351-1 of the Labor Code of the Russian Federation).

10. I work as an industrial training foreman, they want to change my job description and add more work without additional payment, is this legal?

10.1. Good afternoon, this is only legal if you yourself express this desire.

11. I am a master of industrial training and a teacher of the highest category. The main position is foreman. I am limited to 360 hours of lecture and practical work. Is the administration doing the right thing? In addition to the duties of a master, I will be free to spend 500-600 hours.

11.1. Hello dear site visitor, yes this is legal.

12. The wife is the director of a technical school, the husband is a vocational training foreman, what job duties can this affect, is this a conflict of interest and is the wife obliged to fire her husband if he was hired before her appointment and has been working for 11 years, and the wife has only been in the position 2 years.

12.1. Hello, this situation is not a conflict of interest.

Federal Law of December 25, 2008 N 273-FZ (as amended on October 30, 2018) “On Combating Corruption”
Article 10. Conflict of interest
(as amended by Federal Law dated October 5, 2015 N 285-FZ)

1. In this Federal Law, a conflict of interest is understood as a situation in which the personal interest (direct or indirect) of a person holding a position, the filling of which involves the obligation to take measures to prevent and resolve conflicts of interest, affects or may affect the proper, objective and impartial performance them official (official) duties (exercise of powers).
2. In part 1 of this article, personal interest is understood as the possibility of receiving income in the form of money, other property, including property rights, services of a property nature, results of work performed or any benefits (advantages) by the person specified in part 1 of this article , and (or) persons who are closely related or related to him (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), citizens or organizations with whom the person specified in Part 1 of this article, and (or) persons who are closely related or related to him are related by property, corporate or other close relations.
3. The responsibility to take measures to prevent and resolve conflicts of interest rests with:
1) for state and municipal employees;
2) for employees of the Central Bank of the Russian Federation, employees holding positions in state corporations, public law companies, Pension Fund the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, for persons filling the positions of the financial ombudsman, the head of the financial ombudsman support service;
(as amended by Federal Law dated June 4, 2018 N 133-FZ)
(see text in the previous edition)
3) for employees filling certain positions included in the lists established by federal government bodies, on the basis of an employment contract in organizations created to carry out the tasks assigned to federal government bodies;
4) for other categories of persons in cases provided for by federal laws.
(Part 3 introduced by Federal Law dated 04/03/2017 N 64-FZ)

13. My son received his driving license category C for 10 years. For 5 years he worked in a driving school as a master of industrial driving training. Now, when applying for a job in a transport company as a driver of category C, he is denied by an employee of the personnel service due to the absence of a record of working as a driver in the work book. Referring to lack of driving experience.

13.1. Good afternoon The length of service is calculated based on the license issued, and not on the work record book. Take a certificate from a driving school stating that his duties included driving a category C car.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

What is the duration of the annual basic paid leave for education workers, what does the duration of leave depend on, how to determine 1/2 rate leave will be clarified in the article.

Question: We are a private educational institution. Employed as a 1/2-time master of industrial training, sometimes giving lectures as needed. How to pay correctly and reflect it in an employment contract; How many days is a production foreman entitled to vacation? training, director and chief accountant?

Answer: Giving lectures may be part of the job responsibilities of the industrial training master.

Thus, according to the EKS, the proper responsibilities of the industrial training master include, among other things, conducting training sessions, based on achievements in the field of pedagogical and psychological sciences, as well as modern information technologies.

Therefore, there is no need to pay additionally for lectures.

If you hire an employee for? rates, then set him up on a part-time schedule.

In an employment contract, such a condition can be stated as follows: “The employee is provided with a part-time working schedule: ____-day working week lasting ____ (__________) hours. Weekends are _______________________.”

Since such an employee works less than other teachers, his work is paid in proportion to the time worked.

In an employment contract, such a condition can be stated in the following wording: “For the performance of labor duties, the Employee is set an official salary in the amount of ______ (____________) rubles per month. Remuneration is made in proportion to the time worked.

In addition to the employee's official salary, incentive and compensation payments (additional payments, allowances, bonuses, etc.) are established. The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees “_____________”, which the Employee was familiarized with when signing this agreement.”

Establishing a part-time working schedule for an employee does not affect the duration of his vacation. Therefore, the industrial training master is granted leave lasting from 42 to 56 days, depending on the type educational institution(Resolution of the Government of the Russian Federation dated May 14, 2015 No. 466).

The director of an educational institution is also entitled to extended leave depending on the type of educational institution - from 42 to 56 days (Resolution of the Government of the Russian Federation dated May 14, 2015 No. 466).

An accountant does not belong to teaching staff. Therefore, the duration of his vacation is 28 calendar days. The accountant does not have the right to extended leave.

Extended vacations for education workers

The duration of the annual basic paid leave cannot be less than 28 calendar days. The Labor Code of the Russian Federation establishes this rule for all workers (Article 115 of the Labor Code of the Russian Federation). However, in educational organizations, the employer provides annual basic extended paid leave (hereinafter referred to as extended leave):1

teaching staff (Article 334 of the Labor Code of the Russian Federation, clause 3, part 5, article 47 of the Law of December 29, 2012 No. 273-FZ, section I of the Nomenclature of Positions);

heads of educational organizations (part 7 of article 51 of the Law of December 29, 2012 No. 273-FZ, subsection 1 of section II of the Nomenclature of Positions);

other managers: deputy heads of educational organizations, heads of structural divisions and their deputies (part 4 of article 52 of the Law of December 29, 2012 No. 273-FZ, subsection 2 of section II of the Nomenclature of Positions).

What determines the duration of the annual basic extended paid leave?

The employer determines the duration of the extended vacation in accordance with Decree of the Government of the Russian Federation dated May 14, 2015 No. 466.

Thus, it is provided for a duration of 42 or 56 calendar days and depends on:

on the type of educational organization or organization carrying out educational activities;

on the health characteristics of the students with whom the work is carried out (students, children with disabilities and (or) those in need of long-term treatment);

from the direction of activity of employees of the educational organization who occupy positions provided for in subsection 2 of section II of the Nomenclature of Positions.

The duration of the vacation is not affected by the performance of work on a part-time basis (the presence of an academic load, teaching work less than the established standard hours for the salary rate). The employer provides leave for the duration established for the position held.

Extended vacation for managers

The duration of a manager's vacation depends on:

on the type of educational organization (preschool or general education organization, hereinafter referred to as kindergarten, school),

and in some cases, from the presence in the structure kindergarten only compensatory and (or) health-improving groups.

Extended leave for teaching staff

A teaching worker is a worker who:

is in an employment relationship with an organization engaged in educational activities;

performs duties for training, education or organization of educational activities.

educator;

instructor-methodologist;

labor instructor;

physical education instructor;

accompanist;

master of industrial training;

Methodist;

musical director;

teacher additional education;

teacher-librarian;

teacher-organizer;

educational psychologist;

teacher;

teacher-organizer of the basics of life safety;

head of physical education;

social teacher;

senior counselor;

senior teacher;

senior instructor-methodologist;

senior methodologist;

senior teacher of additional education;

senior trainer-teacher;

trainer-teacher;

teacher-speech pathologist;

speech therapist teacher

The duration of leave for teaching staff depends on the type of educational organization, and in some cases, on the health characteristics of the students with whom they work (students, children with disabilities and (or) those in need of long-term treatment).

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“CCT should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, see

Employees are provided with annual leave while maintaining their place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation). Annual leave should be divided into main and additional. What is the duration of the main leave and who has the right to additional leave will be discussed in this article.

Basic paid leave is provided to employees for 28 calendar days. Leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

Duration of main vacation for teaching staff

The duration of vacation for teaching staff is established by Decree of the Government of the Russian Federation of May 14, 2015 No. 466 “On annual basic extended paid vacations” (hereinafter referred to as Decree No. 466).

	Names of employee positions	Duration of annual basic extended paid leave	Positions of teaching staff
Preschool educational organizations
	Teaching staff whose positions are listed in subsection 2 of section. I Nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by Decree of the Government of the Russian Federation of August 8, 2013 N 678 “On approval of the Nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations” (hereinafter - Nomenclature of positions)		Educator. Instructor-methodologist. Labor instructor. Accompanist. Methodist. Musical director. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Social educator. Senior counselor. Senior teacher. Senior instructor-methodologist. Senior methodologist. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
			Director. Manager. Boss. President
			First Vice-Rector. Vice-Rector. Rector's Assistant. Assistant to the Vice-Rector. Advisor to the rector's office. Senior master.
	Teaching staff whose positions are listed in subsection 2 of section. I Job descriptions working with students with disabilities and (or) persons in need of long-term treatment		Educator. Instructor-methodologist. Labor instructor. Physical education instructor. Accompanist. Master of Industrial Training. Methodist. Musical director. Teacher of additional education. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Teacher-organizer of the basics of life safety. Head of physical education. Social educator. Senior counselor. Senior teacher. Senior instructor-methodologist. Senior methodologist. Senior teacher of additional education. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
	Managers whose positions are indicated in subsection 1 of section. II Nomenclatures of positions working in educational organizations for students with disabilities and (or) those in need of long-term treatment		Director. Manager. Boss. President
	Managers whose positions are indicated in subsection 2 of section. II Nomenclatures of positions working in educational organizations for students with disabilities and (or) in need of long-term treatment, provided that their activities are related to the management of educational, scientific and (or) creative, scientific-methodological, methodological activities		Deputy head (director, manager, chief). Head (director, manager, chief, manager) of a structural unit. Deputy head (director, manager, chief, manager) of a structural unit. First Vice-Rector. Vice-Rector. Rector's Assistant. Assistant to the Vice-Rector. Head (manager) of educational (industrial) practice. Advisor to the rector's office. Senior master. Scientific secretary of the board of an educational organization. Academic Secretary of the Faculty (Institute) Council
Additional education organizations
	Teaching staff whose positions are listed in subsection 2 of section. I Position nomenclatures		Educator. Instructor-methodologist. Labor instructor. Physical education instructor. Accompanist. Master of Industrial Training. Methodist. Musical director. Teacher of additional education. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Teacher-organizer of the basics of life safety. Head of physical education. Social educator. Senior counselor. Senior teacher. Senior instructor-methodologist. Senior methodologist. Senior teacher of additional education. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
	Managers whose positions are indicated in subsection 1 of section. II Position nomenclatures		Director. Manager. Boss. President
	Managers whose positions are indicated in subsection 2 of section. II Nomenclature of positions, provided that their activities are related to the management of educational, scientific and (or) creative, scientific, methodological, methodological activities		Deputy head (director, manager, chief). Head (director, manager, chief, manager) of a structural unit. Deputy head (director, manager, chief, manager) of a structural unit. First Vice-Rector. Vice-Rector. Rector's Assistant. Assistant to the Vice-Rector. Head (manager) of educational (industrial) practice. Advisor to the rector's office. Senior master. Scientific secretary of the board of an educational organization. Academic Secretary of the Faculty (Institute) Council
	Teaching staff whose positions are listed in subsection 2 of section. I Nomenclatures of positions working in organizations of additional education in the field of arts (children's art schools by type of art)		Educator. Instructor-methodologist. Labor instructor. Physical education instructor. Accompanist. Master of Industrial Training. Methodist. Musical director. Teacher of additional education. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Teacher-organizer of the basics of life safety. Head of physical education. Social educator. Senior counselor. Senior teacher. Senior instructor-methodologist. Senior methodologist. Senior teacher of additional education. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
	Managers whose positions are indicated in subsection 1 of section. II Nomenclature of positions, organizations of additional education in the field of arts (children's art schools by type of art)		Director. Manager. Boss. President
	Managers whose positions are indicated in subsection 2 of section. II Nomenclatures of positions, organizations of additional education in the field of arts (children's art schools by type of art), provided that their activities are related to the management of educational, scientific and (or) creative, scientific-methodological, methodological activities		Deputy head (director, manager, chief). Head (director, manager, chief, manager) of a structural unit. Deputy head (director, manager, chief, manager) of a structural unit. First Vice-Rector. Vice-Rector. Rector's Assistant. Assistant to the Vice-Rector. Head (manager) of educational (industrial) practice. Advisor to the rector's office. Senior master. Scientific secretary of the board of an educational organization. Academic Secretary of the Faculty (Institute) Council
	Additional education teachers working with students with disabilities
General educational organizations, professional educational organizations, educational organizations of higher education, organizations of additional professional education
			Assistant. Dean of the Faculty. Head of the Faculty. Director of the Institute. Head of the Institute. Head of the department. Head of the department. Professor. Teacher. Senior Lecturer. Educator. Instructor-methodologist. Labor instructor. Physical education instructor. Accompanist. Master of Industrial Training. Methodist. Musical director. Teacher of additional education. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Teacher-organizer of the basics of life safety. Head of physical education. Social educator. Senior counselor. Senior teacher.
			Senior instructor-methodologist. Senior methodologist. Senior teacher of additional education. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
	Managers whose positions are indicated in subsection 1 of section. II Position nomenclatures		Director. Manager. Boss. President
	Managers whose positions are indicated in subsection 2 of section. II Nomenclature of positions, provided that their activities are related to the management of educational, scientific and (or) creative, scientific, methodological, methodological activities		Deputy head (director, manager, chief). Head (director, manager, chief, manager) of a structural unit. Deputy head (director, manager, chief, manager) of a structural unit. First Vice-Rector. Vice-Rector. Rector's Assistant. Assistant to the Vice-Rector. Head (manager) of educational (industrial) practice. Advisor to the rector's office. Senior master. Scientific secretary of the board of an educational organization. Academic Secretary of the Faculty (Institute) Council
	Teachers, music directors working in groups for students preschool age with disabilities and (or) in need of long-term treatment
	Teachers, music directors working in groups for preschool children
Organizations providing training
	Teaching staff whose positions are indicated in section. I Position nomenclatures		Assistant. Dean of the Faculty. Head of the Faculty. Director of the Institute. Head of the Institute. Head of the department. Head of the department. Deputy Head of the Department. Professor. Teacher. Senior Lecturer. Educator. Instructor-methodologist. Labor instructor. Physical education instructor. Accompanist. Master of Industrial Training. Methodist. Musical director. Teacher of additional education. Teacher-librarian. Teacher-organizer. Educational psychologist. Teacher. Teacher-organizer of the basics of life safety. Head of physical education. Social educator. Senior counselor. Senior teacher. Senior instructor-methodologist. Senior methodologist. Senior teacher of additional education. Senior trainer-teacher. Trainer-teacher. Teacher-defectologist. Speech therapist teacher
	Teaching staff whose positions are indicated in section. I Nomenclatures of positions working in organizations for orphans and children without parental care, organizations providing treatment, organizations providing social services, as well as in centers of psychological, pedagogical, medical and social assistance created in accordance with Art. 42 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation"

Extended annual basic leave is also provided to the following categories of employees:

	Regulatory regulation	Duration of annual main leave	Duration of additional leave
Workers under 18 years of age	Article 267 of the Labor Code of the Russian Federation	The duration of leave for an employee under the age of eighteen is provided for a duration of 31 calendar days at a time convenient for them
State civil service employees	Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation"	Civil servants holding senior and main positions in the civil service are granted annual basic paid leave of 35 calendar days. Civil servants filling positions in the civil service of other groups are granted annual basic paid leave of 30 calendar days	The duration of annual additional paid leave for long service is calculated at the rate of one calendar day for each year of civil service. When calculating the total duration of annual paid leave, the annual basic paid leave is summed up with the annual additional paid leave for long service. The total duration of the annual basic paid leave and annual additional paid leave for long service for civil servants holding senior and main positions in the civil service cannot exceed 45 calendar days, for civil servants filling positions in the civil service of other groups - 40 calendar days.
			Additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the annual paid leave provided for by this part
	Law of the Russian Federation of June 26, 1992 N 3132-1 “On the status of judges in the Russian Federation” (as amended on April 6, 2015, as amended on May 14, 2015)	Judges are granted annual paid leave of 30 working days	Judges are granted additional annual paid leave, taking into account their length of service in the field of jurisprudence: from 5 to 10 years - 5 working days; from 10 to 15 years - 10 working days; over 15 years - 15 working days
Disabled people	Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in the Russian Federation"	Annual leave of at least 30 calendar days is provided
Municipal employees	Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation"	Annual basic paid leave is granted to a municipal employee of 30 calendar days. For municipal employees filling municipal service positions of certain groups of municipal service positions, the laws of the constituent entities of the Russian Federation may establish an annual basic paid leave of longer duration	Annual additional paid leave is granted to a municipal employee for length of service (lasting no more than 15 calendar days), as well as in cases provided for by federal laws and laws of a constituent entity of the Russian Federation
Prosecutors	Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation"	An annual paid leave of 30 calendar days is provided, excluding travel time to the place of rest and back. Prosecutors working in areas with severe and unfavorable climatic conditions are granted annual paid leave according to the standards established by the Government of the Russian Federation, but not less than 45 calendar days	Annual additional paid leave for length of service as a prosecutor, scientific or teaching worker is granted: after 10 years - 5 calendar days; after 15 years - 10 calendar days; after 20 years - 15 calendar days. The length of service that gives the right to grant additional leave also includes periods of service as trainees in the bodies and organizations of the prosecutor's office. The specified length of service in calendar terms includes service in other law enforcement agencies, military service, as well as work as a judge.
Employees of internal affairs bodies	Federal Law of November 30, 2011 N 342-FZ "On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation"	A basic leave of 30 calendar days is provided, and an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, is granted 45 calendar days.	Installed the following types additional holidays: 1) for length of service in internal affairs bodies; 2) for performing official duties in harmful conditions; 3) for performing official duties under special conditions; 4) for an irregular working day. Additional leave for length of service in internal affairs bodies is provided to employees of internal affairs bodies in calendar terms based on: 1) from 10 to 15 years of service - 5 calendar days; 2) from 15 to 20 years of service - 10 calendar days; 3) more than 20 years of service - 15 calendar days
Investigative Committee employees	Federal Law of December 28, 2010 N 403-FZ "On the Investigative Committee of the Russian Federation"	An annual basic paid leave of 30 calendar days is provided, excluding travel time to and from the place of vacation. Those serving in areas with special climatic conditions are granted annual basic paid leave according to the standards established by the Government of the Russian Federation, but not less than 45 calendar days	Annual additional paid leave is provided for length of service of: 1) with 10 years of service - 5 calendar days; 2) with 15 years of service - 10 calendar days; 3) with 20 years of service - 15 calendar days. The length of service for the provision of annual additional paid leave also includes the period military service, work in the prosecutor's office, work as a judge, service in the internal affairs bodies of the Russian Federation, in the authorities for control over the circulation of narcotic drugs and psychotropic substances, in customs authorities as an investigator
Workers with chemical weapons	Federal Law of November 7, 2000 N 136-FZ "On the social protection of citizens engaged in work with chemical weapons"	Vacation lasting 49 calendar days
Emergency workers	Federal Law of August 22, 1995 N 151-FZ "On emergency rescue services and the status of rescuers"	For rescuers who have continuous work experience in professional emergency rescue services, professional emergency rescue units in rescue positions for up to 10 years - 30 days; for rescuers who have continuous work experience in professional emergency rescue services, professional emergency rescue units as rescuers for more than 10 years - 35 days; for rescuers who have continuous work experience in professional emergency rescue services, professional emergency rescue units as rescuers for more than 15 years - 40 days	Rescuers of professional emergency rescue services and emergency rescue units are provided with additional paid leave of no more than 15 days for participation in emergency response efforts throughout the year, at the rate of one day of leave per 24 hours of work.
Employees of internal affairs bodies	Resolution of the Supreme Court of the Russian Federation of December 23, 1992 N 4202-1 “On approval of the Regulations on service in the internal affairs bodies of the Russian Federation and the text of the Oath of an employee of the internal affairs bodies of the Russian Federation”	Provided for a duration of 30 calendar days, and for employees of internal affairs bodies serving in areas with severe and unfavorable climatic conditions - 45 calendar days	Additional annual paid leave for length of service in internal affairs bodies is provided to: after 10 years of service - lasting 5 calendar days; after 15 years of service - lasting 10 calendar days; after 20 years of service - lasting 15 calendar days

Additional paid leave is provided to employees engaged in work 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 the Labor Code of the Russian Federation and other federal laws (Article 116 of the Labor Code of the Russian Federation).

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by the Labor Code of the Russian Federation and are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions

Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.
The minimum duration of annual additional paid leave for employees specified in Part 1 of this article is 7 calendar days.
The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.
On the basis of an industry (inter-industry) agreement and collective agreements, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, part of the annual additional paid leave, which exceeds the minimum duration of this leave, established by part 2 of this article, can be replaced separately installed monetary compensation in the manner, in the amounts and on the terms established by the industry (inter-industry) agreement and collective agreements.
Let us recall that in accordance with the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions” (hereinafter referred to as Law N 426-FZ), the organization conducting a special assessment of working conditions draws up a report on its conduct, in which The following results of a special assessment of working conditions are included:
1) information about the organization conducting a special assessment of working conditions, accompanied by copies of documents confirming its compliance with the provisions of Art. 19 Law No. 426-FZ requirements;
2) a list of workplaces where a special assessment of working conditions was carried out, indicating harmful and (or) hazardous production factors that were identified at these workplaces;
3) cards for special assessment of working conditions, containing information about the class (subclass) of working conditions at specific workplaces established by the expert of the organization conducting the special assessment of working conditions;
4) protocols for conducting research (tests) and measuring identified harmful and (or) hazardous production factors;
5) protocols for assessing the effectiveness of personal protective equipment;
6) protocol of the commission containing a decision on the impossibility of conducting research (tests) and measurements on the basis specified in Part 9 of Art. 12 of Law No. 426-FZ (if there is such a decision);
7) summary sheet of special assessment of working conditions;
8) a list of measures to improve the working conditions and safety of workers at whose workplaces a special assessment of working conditions was carried out;
9) conclusions of an expert from an organization conducting a special assessment of working conditions.
The report on the special assessment of working conditions is signed by all members of the commission and approved by the chairman of the commission. A member of the commission who does not agree with the results of a special assessment of working conditions has the right to express in writing a reasoned dissenting opinion, which is attached to this report. The form of the report on the special assessment of working conditions and instructions for filling it out are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor.
In relation to workplaces where harmful and (or) hazardous production factors have not been identified, the report on the special assessment of working conditions shall indicate the information provided for in paragraphs 1, 2 and 9 of Part 1 of Art. 15 of Law No. 426-FZ. The employer organizes familiarization of employees with the results of a special assessment of working conditions at their workplaces against signature within no later than thirty calendar days from the date of approval of the report on the special assessment of working conditions. The specified period does not include periods of temporary incapacity for work of the employee, being on vacation or a business trip, or periods of rest between shifts.
The employer, taking into account the requirements of the legislation of the Russian Federation on personal data and the legislation of the Russian Federation on state and other secrets protected by law, organizes the posting on its official website on the information and telecommunications network Internet (if such a site exists) of summary data on the results of a special assessment of working conditions in the area of establishing classes (subclasses) of working conditions at workplaces and a list of measures to improve the conditions and labor protection of workers at whose workplaces a special assessment of working conditions was carried out, no later than thirty calendar days from the date of approval of the report on the special assessment of conditions labor.

Annual additional paid leave for the special nature of the work

Certain categories of employees whose work is related to the specific performance of their work are provided with annual additional paid leave (Article 118 of the Labor Code of the Russian Federation).
The list of categories of employees for whom annual additional paid leave is established for the special nature of the work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

Annual additional paid leave for employees with irregular working hours

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations and which cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation).
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours are established in federal government institutions by regulatory legal acts of the Government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation - by regulatory legal acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions - by regulatory legal acts of bodies local government.
Thus, Decree of the Government of the Russian Federation of December 11, 2002 N 884 approved the Rules for providing annual additional paid leave to employees with irregular working hours in federal government institutions (hereinafter referred to as Decree N 884).
Annual additional paid leave for employees with irregular working hours is granted to individual federal employees for work under irregular working hours. government agencies, if these workers, if necessary, are occasionally involved by order of the employer to perform their labor functions outside the normal working hours.
The list of positions of employees with irregular working hours who have the right to additional leave is established by the internal labor regulations or other regulatory acts of the institution.
The list of positions of workers with irregular working hours includes management, technical and business personnel and other persons whose work during the working day cannot be accurately recorded, persons who distribute working time at their own discretion, as well as persons whose working hours are due to the nature of the work. divided into parts of indefinite duration.
The duration of additional leave provided to employees with irregular working hours cannot be less than 3 calendar days.
The duration of additional leave for the relevant positions is established by the internal labor regulations of the institution and depends on the volume of work, the degree of labor intensity, the employee’s ability to perform his job functions outside of normal working hours and other conditions.
The employer keeps records of the time actually worked by each employee under irregular working hours.
The right to additional leave arises for the employee regardless of the duration of work under irregular working hours.
Additional leave provided to employees with irregular working hours is summed up with the annual basic paid leave (including extended leave), as well as other annual additional paid leave.
In case of postponement or non-use of additional leave, as well as dismissal, the right to said leave is exercised in the manner established by the labor legislation of the Russian Federation for annual paid leave.
Payment for additional vacations provided to employees with irregular working hours is made within the limits of the wage fund.

The Ministry of Education and Science of Russia, in order to provide methodological assistance to organizations implementing vocational training programs for drivers of vehicles of the relevant categories and subcategories, sends clarifications on the issues of vocational training of drivers of vehicles of the relevant categories and subcategories.

Application: for 10 l. in 1 copy.

Explanations
on issues of professional training of drivers of vehicles of relevant categories and subcategories

Abbreviations used:

1. Federal Law No. 273-FZ - Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”;

2. Federal Law No. 196-FZ - Federal Law of December 10, 1995 No. 196-FZ “On Road Safety”;

3. Nomenclature - Nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by Decree of the Government of the Russian Federation of August 8, 2013 No. 678;

4. Exemplary programs - Exemplary professional training programs for drivers of vehicles of the relevant categories and subcategories, approved by order of the Ministry of Education and Science of Russia dated December 26, 2013 No. 1408 (registered by the Ministry of Justice of Russia on July 9, 2014, registration No. 33026);

5. Regulations on licensing - Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2015 No. 966.

Question 1. What type of educational organization can be classified as an organization that implements educational vocational training programs as the main goal of its activities?

In accordance with Article 26 of Federal Law No. 196-FZ, training of vehicle drivers is vocational training.

According to paragraph 12 of Article 2 of Federal Law No. 273-FZ, vocational training is a type of education that is implemented through basic vocational training, retraining and advanced training programs.

Educational organizations are divided into types in accordance with educational programs, the implementation of which is the main goal of their activities (Part 1 of Article 23 of Federal Law No. 273-FZ).

In accordance with the Federal Law of July 13, 2015 No. 238-FZ “On Amendments to the Federal Law “On Education in the Russian Federation”, amendments were made to Federal Law No. 273-FZ. The amendments made to paragraph 3 of part 2 of Article 23 define educational activities under vocational training programs for a professional educational organization as the main goal of its activities.

Thus, all educational organizations that provide training for vehicle drivers will be able to classify themselves as a professional educational organization.

Question 2. Is it possible to classify the position of an instructor (master) in teaching practical driving as a teaching staff and what are the requirements for them?

According to the current legislation of the Russian Federation, the position of driving instructor does not belong to the positions of teaching staff.

According to paragraph 1 of Article 26 of Federal Law No. 196-FZ, training of vehicle drivers is vocational training.

Vocational training is provided through vocational training programs.

Vocational training programs are implemented by teaching staff.

According to Part 1 of Article 46 of Federal Law No. 273-FZ, the right to engage in teaching activities is granted to persons with secondary vocational or higher education and who meet the qualification requirements specified in qualification reference books and (or) professional standards.

In accordance with Federal Law No. 273-FZ and in accordance with the Nomenclature, the positions of teaching staff of organizations carrying out educational activities for driver training include teachers and industrial training masters (subsection 2 of section I of the Nomenclature).

The Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Education Workers”, approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n, establishes the following qualification requirements for a master of industrial training: higher vocational education or secondary vocational education in the areas corresponding to the training profiles, and additional professional education in the field of training “Education and Pedagogy” without presenting requirements for work experience.

Question 3. What is the duration of the industrial training master's vacation?

According to the Nomenclature, the master of industrial training is classified as a teaching worker.

Currently, the Decree of the Government of the Russian Federation of May 14, 2015 No. 466 “On annual basic extended paid leave” is in force, in accordance with which the duration of the annual basic extended paid leave provided to teaching staff is established (hereinafter referred to as Resolution No. 466).

Clause 1 of Section III of the Appendix to Resolution No. 466 establishes that in professional educational organizations the duration of the annual basic extended paid leave for industrial training masters is 56 calendar days.

Question 4. Is it possible to perform the work of a master of industrial training in practical driving under a civil contract?

According to Part 3 of Article 28 of Federal Law No. 273-FZ, hiring workers, concluding and terminating employment contracts with them, unless otherwise established by this Federal Law, the distribution of job responsibilities, the creation of conditions and the organization of additional professional education for workers falls within the competence of the educational organization.

In accordance with Article 420 of the Civil Code of the Russian Federation of November 30, 1994, a contract is an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations, to which the rules on bilateral and multilateral transactions apply.

It is not legally prohibited to enter into a civil contract with a vocational training master.

Question 5. How can the relationship be established between an organization providing professional training for vehicle drivers and individual entrepreneurs?

The relationship between an organization providing professional training for vehicle drivers and individual entrepreneurs can be carried out on the basis of civil contracts and in the form of network interaction.

According to Part 1 of Article 15 of Federal Law No. 273-FZ, joint activities of organizations engaged in educational activities may be based on the use of a network form of implementation of educational programs, which provides the opportunity for students to master an educational program using the resources of several organizations engaged in educational activities.

According to Article 2 of Federal Law No. 273-F3, individual entrepreneurs carrying out educational activities are equated to organizations carrying out educational activities, except for individual entrepreneurs carrying out educational activities directly.

In accordance with paragraph 2 of Article 21 of Federal Law No. 273-FZ, individual entrepreneurs are subject to all the rights and obligations of an educational organization.

Thus, organizations carrying out educational activities for professional training of vehicle drivers can carry out relationships in a network form with individual entrepreneurs equated to organizations carrying out educational activities, which are subject to all the rights and obligations of the educational organization, except for individual entrepreneurs carrying out educational activities directly .

Individual entrepreneurs carrying out educational activities directly cannot be classified as other organizations specified in Part 1 of Article 15 of Federal Law No. 273-FZ.

The relationship between an organization carrying out educational activities and individual entrepreneurs, as individuals, can be carried out on the basis of an employment contract, and on the basis of a civil law contract.

It should be taken into account that when concluding a civil contract between a person and an organization carrying out educational activities, the rights and freedoms of a teaching worker, enshrined in Federal Law No. 273-FZ and the Labor Code of the Russian Federation, do not apply to the specified person.

Question 6. Are persons under eighteen years of age allowed to participate in vocational training programs for drivers of vehicles of the relevant categories and subcategories?

The Russian Ministry of Education and Science has developed and approved sample programs.

Model programs provide for the development by educational organizations of educational programs for professional training of drivers of vehicles of relevant categories and subcategories for persons under 18 years of age, in accordance with Section I of the Model Programs.

According to paragraph 21.4 of the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers of the Government of the Russian Federation of October 23, 1993 No. 1090, a student driving a car must be at least 16 years old.

Question 7. Is the use of equipment and premises allowed by organizations providing professional training for drivers of vehicles of the relevant categories and subcategories under a rental agreement?

Sample programs define a list of equipment groups required to implement the program.

In accordance with Article 28 of Federal Law No. 273-FZ, an organization carrying out educational activities is independent in carrying out educational activities in accordance with the said Federal Law, other regulatory legal acts of the Russian Federation and the charter of the educational organization. In particular, the competence of an educational organization includes material and technical support for educational activities, equipment of premises in accordance with state and local standards and requirements.

Thus, the legislation of the Russian Federation does not prohibit the use of equipment and premises in organizations providing driving training for vehicles under a rental agreement.

Question 8. What is the maximum teaching load for teachers and industrial training specialists who provide vocational training for vehicle drivers? Can they work part-time?

According to clause 2.1. Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract” and Article 333 of the Labor Code of the Russian Federation for For teaching staff, reduced working hours are established, no more than 36 hours per week.

The implementation of part-time work by teaching staff is not prohibited by the legislation of the Russian Federation in the field of education.

According to subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (registered by the Ministry of Justice of Russia on August 7, 2003, registration No. 4963) for pedagogical for employees (including trainers-teachers, trainers), the duration of part-time work is half the monthly standard of working time, calculated from the established length of the working week. For teaching staff whose half of the monthly working time for their main job is less than 16 hours per week, the duration of part-time work is 16 hours of work per week.

Question 9. Can an organization’s educational programs be longer or shorter in duration than the amount of training hours recorded in the Model Programs?

According to paragraph 6 of part 3 of Article 28 of Federal Law No. 273-FZ, the development and approval of educational programs falls within the competence of the educational organization.

Educational programs for vocational training of vehicle drivers are developed in accordance with the Model Programs, which establish the minimum volume of the curriculum.

An educational organization has the right to specify in the curriculum of its educational programs a larger number of hours for learning to drive a vehicle and make additions to the content of educational programs, taking into account the specifics of training in a particular educational organization.

Question 10. Can vocational training programs for vehicle drivers be implemented using distance learning technologies?

In accordance with Article 26 of Federal Law No. 196-FZ, training of vehicle drivers is vocational training.

The implementation of vocational training programs using e-learning and distance learning technologies is not prohibited by the legislation of the Russian Federation in the field of education.

In accordance with paragraph 2 of the Procedure for the use of e-learning by organizations engaged in educational activities, distance educational technologies in the implementation of educational programs, approved by Order of the Ministry of Education and Science of Russia dated January 9, 2014 No. 2 (hereinafter referred to as the Procedure), organizations engaged in educational activities implement educational programs or parts thereof using e-learning, distance educational technologies in the forms of education and forms of training provided for by Federal Law No. 273-FZ, or in combination thereof, during training sessions, practices, ongoing monitoring of progress, intermediate, final and (or) state final certification of students.

Thus, the use of distance learning technologies is possible when conducting theoretical classes in training programs for drivers of vehicles of various categories, taking into account the requirements established by the specified Procedure.

Question 11. Should organizations providing vocational training create special conditions for training persons with disabilities?

Yes. In accordance with Part 10 of Article 79 of Federal Law No. 273-F3, professional educational organizations and educational organizations of higher education, as well as organizations carrying out educational activities in basic vocational training programs, must create special conditions for students with disabilities to receive education.

According to Part 8 of Article 79 of Federal Law No. 273-FZ, vocational training and vocational education of students with disabilities are carried out on the basis of educational programs adapted, if necessary, for the training of these students.

The presence of a professional educational organization, an educational organization of higher education, an organization carrying out educational activities in basic vocational training programs, special conditions for obtaining education by students with disabilities in accordance with Article 79 of Federal Law No. 273-FZ is a licensing requirement for the applicant licenses to carry out educational activities and to the licensee when carrying out educational activities (subparagraph “g” of paragraph 4 and subparagraph “i” of paragraph 6 of the Licensing Regulations).

Question 12. Are persons with disabilities allowed to work as drivers?

According to the Model Programs, persons with disabilities are given the opportunity to learn to drive.

At the same time, in accordance with paragraph 1 of Article 26 of Federal Law No. 196-FZ, persons who have a medical certificate stating that there are no contraindications to driving vehicles are allowed to take exams, which is admission to the profession.

Thus, persons with disabilities have the right to training in all categories and subcategories of vehicles, but admission to work is determined based on the results of a medical examination (examination).

Question 13. Are organizations providing professional training for vehicle drivers required to equip a medical office?

Part 3 of Article 41 of Federal Law No. 273-FZ stipulates that an educational organization is obliged to provide free of charge to a medical organization premises that meet the conditions and requirements for carrying out medical activities.

In accordance with paragraph 10 of the Licensing Regulations, in order to obtain a license, the license applicant submits to the licensing authority, among other things, copies of documents confirming the availability of premises with appropriate conditions for the work of medical workers.

In addition, according to subparagraph “c” of paragraph 4 and subparagraph “c” of paragraph 6 of the Licensing Regulations, one of the licensing requirements for an applicant for a license to carry out educational activities, as well as the licensing requirement for a licensee when carrying out educational activities, is the presence of conditions for health protection students in accordance with Articles 37 and 41 of Federal Law No. 273-FZ.

According to paragraph 9 of the Licensing Regulations, failure by the licensee to comply with the requirements established by subparagraph “c” of paragraph 6 of the Licensing Regulations is a gross violation of licensing requirements and conditions.

Based on the foregoing, an organization carrying out educational activities in basic vocational training programs is required to have premises for carrying out medical activities in accordance with established requirements.

Document overview

Clarifications were given on the issues of vocational training of vehicle drivers. It is implemented through basic training, retraining and advanced training programs. Organizations that train drivers are classified as professional educational organizations. Their programs are implemented by teaching staff. It is clarified that the position of a driving instructor does not apply to the positions of teaching staff. These include persons who have higher or secondary vocational education and meet the qualification requirements specified in reference books or professional standards. According to the nomenclature, these are teachers and masters of industrial training. They are entitled to an extended annual paid leave of 56 calendar days. The law does not prohibit concluding a civil contract with them. They are entitled to reduced working hours, no more than 36 hours per week. Part-time activities are not prohibited.

Educational organizations can carry out relationships in a network form with individual entrepreneurs acting through employees and equal in rights and responsibilities to educational organizations. If an individual entrepreneur carries out educational activities directly, as an individual, then an employment or civil law contract must be concluded with him.

Organizations that teach driving can rent premises and equipment for this purpose. They have the right to set a larger number of hours for training in the curriculum of their educational programs and make additions to the programs. The use of e-learning and distance learning technologies when conducting theoretical classes is not prohibited.

It is clarified that special conditions must be created for persons with disabilities. This is a licensing requirement. But they are allowed to become drivers if they have no contraindications to driving. Another licensing requirement is the presence of a medical room to protect the health of students.