The new document is gaining popularity due to the opinion that labor activity educational workers will no longer be associated with the underpaid or unprestigious. Its goal is to set the salary at such a level that it corresponds to the quality of work of teachers and is at a sufficient level in comparison with other areas, and the system itself does not worsen the level of education, and also does not increase the burden on students in general.

An effective contract in education, what is it, how to switch to it?

An effective contract in education is a contract, the subject of which is the working relationship with employees. educational sphere. The document details all official duties teacher, indicators and criteria that allow evaluating the effectiveness of work with the further goal of stimulating additional payments based on the results, depending on the quality municipal services. It also describes measures social support workers.

Mandatory components:

• 1. Pedagogical functions;
• 2. Indicators and criteria evaluating labor efficiency;
• 3. The amount of incentive payments and the conditions for their accrual based on the prescribed indicators.

All areas state support obliged by law to switch to an effective contract. Basically, it's not brand new. legal document- rather modified and supplemented, and the changes affected only the salary and the conditions for its payment, and a notice of the state of affairs on the eve must be submitted to employees.

First of all, in each state. In an institution, the necessary performance criteria must be developed by management in tandem with the trade union. It is not enough just to notify the trade union; without its participation, the employer does not have the right to develop independently.

In practice, a new contract is concluded by signing an additional agreement with teachers. The completed sample can be downloaded

The transition to an effective contract in education - the timing of the transition

Having planned the transition, the employer must provide employees with at least two months' notice in advance of the planned transition to the updated relationship type. The purpose of the notification is to bring to the knowledge and give the employee time to familiarize himself with all the conditions, as well as to decide on consent to the changes.

If the employer reduces the level of guarantees to the teacher regarding the previous conditions or does not comply with all the transfer procedures (or at least there is no notification) developed by the Ministry of Labor of the Russian Federation, according to the law, he will not be able to dismiss the employee if he does not agree to the transfer.

An effective contract in education - sample filling

The introduction of the contract in preschool institutions is introduced in several stages:
1. Informing about upcoming innovations at the teachers' council of a preschool institution.
2. Written Notice teachers.
3. Development of indicators and criteria and their approval by acts drawn up by a preschool institution.
4. Development of a provision, agreement and additional agreement:

• Sample effective contract in preschool education free download
• A sample of filling out an additional agreement in preschool education download

5. Previous incentive payments are canceled if performance indicators were not taken into account in their formation.
6. Changes in the regulation on remuneration of preschool institutions.
7. Conclusion of agreements with teachers.

Regulation on an effective contract in education

There is a list of regulatory government documents that regulate the operation of an effective contract in education. Their list is free to download.

The transition to an effective contract raised many questions among managers budget institutions. Let's consider the most relevant.

The prerequisites for the transition to an efficient contract are contained in the Decree of the President of the Russian Federation No. 597, which provides for a gradual improvement in the system of remuneration for workers in the public sector of the economy. It is indicated that the increase in payment should be due to the achievement of specific indicators of the quality and quantity of services provided.

Mandatory transition for an effective contract is laid down in the Program for Improving Wage, developed in accordance with Decree of the President of the Russian Federation No. 597.

For each social sphere activities exist their base documents, developed in order to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for education this is the Action Plan ("road map") "Changes in the sectors of the social sphere aimed at improving the efficiency of education and science", the State Program of the Russian Federation "Development of Education" for 2013-2020.

What is an effective contract?

The Pay Improvement Program defines an effective contract. This is with an employee who specified his official duties, pay conditions, indicators and criteria for evaluating performance to assign incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as measures of social support.

So, an effective contract means labor Relations between employer and employees based on:

• if the institution has a state (municipal) task and performance targets approved by the founder;
• a system for evaluating the performance of employees of institutions (a set of indicators and criteria that allow assessing the amount of labor expended and its quality), approved by the employer in the prescribed manner;
• a wage system that takes into account differences in the complexity of the work performed, as well as the quantity and quality of labor expended, approved by the employer in the prescribed manner;
• the system of labor rationing of employees of the institution, approved by the employer;
• detailed specification, taking into account industry specifics, in employment contracts of the job responsibilities of employees, indicators and criteria for evaluating labor, wage conditions.

Methodological basis for the development of an effective contract

When developing the provisions of an effective contract, the head of a state (municipal) institution should first of all focus on the Order of the Ministry of Labor of the Russian Federation No. 167, which approved the relevant recommendations for formalizing labor relations with an employee. For some areas of activity, there is also its methodological basis introduction of an effective contract. At the federal level, recommendations have been approved for the development of performance indicators for:

For other areas of activity, for example, for physical culture and sports organizations, there are no similar recommendations yet. However, the activities of physical culture and sports organizations can be considered as the provision of social services in accordance with paragraph 1 of the Order of the Ministry of Sports of the Russian Federation No. 121, and when developing performance indicators, be guided by the Order of the Ministry of Labor of the Russian Federation No. 287. When switching to an effective contract system, this document can also be used by other institutions that provide social services in your area.

In the future, all ministries and departments, in order to implement a new personnel policy based on an effective contract with employees should:

• develop and implement exemplary forms of employment contracts with an employee;
• clarify and establish sectoral labor standards based on existing professional standards;
• prepare, test and implement sample programs additional vocational education (course training) for heads of budgetary institutions on the development and implementation of an effective personnel policy based on an effective contract.

Normative legal acts and methodological basis for the transition to an effective contract system

* For example, Criteria for assessing the effectiveness of employees municipal institutions crops approved by the Administration rural settlement Annovsky Village Council of the Belebeevsky District of the Republic of Bashkorstan by Decree No. 69 of December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated 20.08.2013 No. 1862-r.

How to conclude an effective contract?

If the employee is already is in an employment relationship with the employer, then you should conclude with him supplementary agreement on changing the terms of the employment contract determined by the parties.

With faces recruited, an employment contract is signed in the format effective contract.

Types of effective contracts

How to develop an employment contract - an effective contract?

When drawing up a regular employment contract, the employee's job responsibilities may be specified in it, or may be established by another document ( job description). In an effective contract, it is desirable to reflect job responsibilities directly in the text.

Sample form of employment contract- an effective contract with an employee of a state (municipal) institution is given in Appendix 3 to the Program for Improving Wages. This is a template that should be "customized" for each specific institution.

How to make an existing employment contract an effective contract?

The procedure for changing employment contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when changing organizational or technological conditions labor conditions of the employment contract cannot be saved, it is allowed changing the terms of the contract at the initiative of the employer, that is, unilaterally (with the exception of a change in the employee's labor function). The Order of the Ministry of Labor of the Russian Federation No. 167n recommends that this article be followed when introducing an effective contract.

With the introduction of an effective contract key change under the terms of the employment contract adjustment of wage conditions. Article 74 of the Labor Code of the Russian Federation does not regulate this change, but it does not install exhaustive list what falls under the concept of "changes in working conditions". This means that when wage conditions change can be guided its provisions.

Another change concerns the clarification of the employee's responsibilities (for example, the achievement of performance indicators of his activities).

When changing the contract unilaterally, the employer must give reasons and justify them as inevitable. In this case, the employer can refer to the Pay Improvement Program and other regulations related to the introduction of an effective contract system. The program for improving wages establishes indicators and criteria for evaluating the performance of employees of state (municipal) institutions - this is causes changes to the employment contract. The introduction of indicators and criteria necessitates changes in the conditions of remuneration and clarification of job responsibilities in employment contracts.

What terms of the employment contract are subject to change

When developing the provisions of an effective contract, job responsibilities and working conditions should be specified, and social support measures should be prescribed.

* Article 21 of the Labor Code of the Russian Federation.

** Corresponding clause of the employment contract.

*** Corresponding clause of an effective contract.

**** Installed staffing and is reflected in the employment contract (effective contract); paid for the performance of basic job duties and remains unchanged.

***** Established by the Regulations on remuneration and reflected in the employment contract (effective contract), paid for work in working conditions that deviate from normal, and in other cases.

****** Established by the regulation on remuneration, an appendix to an effective contract, paid for the achievement of performance indicators.

What to include in an effective contract?

When developing an employment contract and an additional agreement, Art. 57 of the Labor Code of the Russian Federation, which regulates the content of an employment contract. If the conditions specified in this article are not in the previously concluded employment contract, then it is recommended that they be included in the supplementary agreement.

If the employment contract previously concluded with the employee does not contain mandatory conditions specified in Art. 57 of the Labor Code of the Russian Federation, these conditions are included in the additional agreement.

For each employee, his labor function, indicators and criteria for evaluating performance should be clarified and specified, the amount of remuneration, as well as the amount of incentives for achieving collective labor results, should be established.

When registering labor relations with an employee of an institution, the norms provided for by local regulations, collective agreements and agreements are taken into account.

In particular, the documents (additional agreement or employment contract) must contain:

• labor function(work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a specific type of work assigned to the employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
• in the event that it was concluded , its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
• pay conditions(including size tariff rate or employee salary, bonuses, allowances and incentive payments). It is recommended that the conditions for making payments be specified: of a compensatory nature (name of the payment, amount, factors that determine its receipt); stimulating nature (name of the payment, conditions for receiving, indicators and criteria for evaluating the effectiveness of activities, frequency, size);
• working hours and rest time (if for a given employee of the institution it differs from the regime of working time, rest time general rules operating in the institution);
• compensation for hard work and work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
• conditions that determine, if necessary, nature of work(mobile, traveling, on the road, other nature of work);
• working conditions at work;
• mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or an additional agreement may contain additional conditions specifying the rights and obligations of the parties to the employment contract. However, these conditions should not worsen the position of the worker in comparison with the conditions established by law RF and other normative legal acts, collective agreement, agreements, local regulations, in particular the conditions for specifying the place of work (indicating structural unit and its location), about the test.

The sequence of actions when introducing an effective contract

A certain sequence of actions during the transition to an effective contract system will allow the employer to reduce the cost of effort and time, as well as comply with labor laws. Actions should be as follows:

1. Create in an institution commission on the organization of work related to the introduction of an effective contract.
2. Learn basic and advanced performance indicators activities developed and approved by the founder, indicators of the quality and efficiency of activities, included by the founder in the municipal task for the provision of certain types of services by the organization.
3. Acquainted with evaluation mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Conduct explanatory work in work collective on the introduction of an effective contract.
5. Create on the official site section "Assessing the effectiveness of the institution's activities" for the submission of regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze existing employment contracts employees for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
7. Develop indicators the efficiency of employees.
8. Taking into account the developed indicators make changes in the regulation on remuneration, the provision on incentive payments.
9. Adopt local regulations related to the remuneration of the employee, taking into account the opinion trade union committee primary trade union.
10. Specify labor function and conditions of remuneration of the employee.
11. Develop individual employment contracts(additional agreements) with employees, taking into account the approved form of an exemplary employment contract, using indicators and approved criteria for the effectiveness of the activities of employees of the institution.
12. Approve Changes job descriptions.
13. notify employees to change certain conditions of the employment contract.
14. To conclude additional agreements with employees.

Read about the issues of transition to an effective contract in the article by S. P. Frolov “We ​​are switching to an effective contract”, No. 3, 2014.

Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On measures for the implementation of state social policy."

The program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved. Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r.

Approved by Decree of the Government of the Russian Federation dated April 30, 2014 No. 722-r.

Approved by Decree of the Government of the Russian Federation of April 15, 2014 No. 295.

Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167 "On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract."

Order of the Ministry of Health of the Russian Federation of June 28, 2013 No. 421 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Activities of Subordinated public institutions, their managers and employees by types of institutions and main categories of employees.

Letter of the Ministry of Education and Science of the Russian Federation dated 20.06.2013 No. AP-1073/02 “On the development of performance indicators” (together with the “Methodological recommendations of the Ministry of Education and Science of the Russian Federation on the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for state (municipal) institutions in the field of education, their managers and certain categories of employees”, approved by the Ministry of Education and Science of the Russian Federation on 18.06.2013).

Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Performance of Subordinate Cultural Institutions, Their Managers and Employees by Type of Institution and Main Categories of Employees”.

Order of the Ministry of Labor of the Russian Federation of July 1, 2013 No. 287 “On methodological recommendations for the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate state (municipal) institutions social services population, their managers and employees by types of institutions and main categories of employees.

Order of the Ministry of Sports of the Russian Federation of March 19, 2013 No. 121 “On methodological recommendations for organizing an independent system for assessing the quality of work of organizations providing social services in the field of physical education and sports."

For example, when concluding an employment contract with an employee who is a foreign citizen or a stateless person (Article 327.2 of the Labor Code of the Russian Federation), with athletes, with coaches (348.2 of the Labor Code of the Russian Federation), a civil servant (clause 3 of Article 24 federal law dated July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”).

Decree of the President of the Russian Federation No. 597 provides for a phased increase in the salaries of teachers until 2020 by revising the system for evaluating their performance as a whole. It is possible to implement such a reform only by establishing clear quantitative and qualitative criteria for the effectiveness of activities.

Criteria for an effective contract with a teacher

The concept of an “effective contract in education” (you will find a sample filling at the end of the article) was introduced back in 2012 by Government Decree No. 2190-r, which approved a program for the gradual improvement of the conditions for remuneration for teachers.

An effective contract with a teacher is an employment contract that clearly defines his duties for the position, the conditions in which he will work, and establishes specific criteria that allow digitizing and evaluating the activities of a teacher.

The new system of work does not cancel the previously existing relationship between the employer and the teacher. It takes them to the next level. To implement the transition in the institution, the following criteria must be developed and approved by the head:

• state (municipal) task;
• the established system for determining the effectiveness of the work of teachers;
• a system of remuneration with certain factors that take into account the degree of complexity of the work and its volume and quality level;
• established labor standards for teachers;
• established specific features, taking into account the types of activities.

The procedure for concluding an effective contract

How to make the transition to an effective contract in education? The procedure is established by Order of the Ministry of Labor No. 167n. It provides for the following steps.

1. If the teacher works for the employer for the first time, an employment contract is concluded with him in the form established in the appendix to Decree 2190-r.
2. In relation to teachers already working in the institution, the procedure for the employer is as follows:

• create a commission for the transition to a new system;
• analyze with the help of the commission the current employment contracts for compliance with the requirements established by the current legislation;
• develop (by the commission) criteria to assess the effectiveness of the work of teachers;
• conduct an explanatory conversation about the transition to new working conditions;
• to involve the trade union of the organization in the work, taking into account the opinion of which to develop local acts relating to the payment system;
• make changes to the payment regulation, taking into account the criteria developed by the commission;
• approve the provision on an effective contract with teachers;
• warn employees in writing about changes in working conditions at least two months in advance;
• conclude additional agreements with employees that change the terms of payment established earlier;
• make changes to the job descriptions of employees.

Filling an effective contract with a teacher

The provisions included in the document must include the positions provided for in Article 57 of the Labor Code of the Russian Federation.

The form of an effective contract in education includes information about:

• place of work;
• labor function;
• payment terms;
• working time and rest time;
• compensation for hard work or harmful conditions;
• the nature of the activity;
• working conditions in the workplace;
• insurance conditions for teachers.

The contract includes clauses stipulating:

• duration of the main vacation;
• envisaged labor law social support measures;
• specific job responsibilities;
• job title in accordance with the wording in the Unified qualification handbook positions if the employee's official duties coincide with those provided for in the directory;
• the use of certain incentives and compensation payments(for the intensity, quality of work performed, seniority and bonus payments, payments for hard work, in places with a special climate, in conditions that differ from normal, surcharges for working with information that is a state secret);
• the amount of additional payment for additional work.

All conditions are negotiated in a form understandable to the employee.

Sample effective contract for educators

The form of an employment contract with a teacher is established by Government Decree No. 2190-r

In the section " General provisions» includes information about the parties to the contract, the name of the place of work, division, term, date of commencement of activity, information about probationary period(if available).

The second and third sections formulate the rights and obligations of the employee and employer, respectively.

The fourth section is devoted to wages. It provides for all the basic and additional payments that the employee will receive for work.

The fifth section establishes the time of work and rest: the duration of working hours, holidays and features of the regime (if any).

The sixth section contains information on compulsory social insurance.

In the seventh section of the contract, the employer stipulates other working conditions.

The responsibilities of the parties and the means of amending or terminating the contract are contained in the eighth and ninth sections, respectively.

The last, tenth section, provides for the final provisions regarding possible disagreements.

An effective contract with teachers (sample 2019) should make the work of a teacher more prestigious and contribute to the growth of his salary. How to draw up a contract, read the article.

From the article you will learn:

Efficient contracts with teachers have been introduced in educational institutions for several years. The transition to these types of contracts should lead to an improvement in the system of incentive payments for teaching staff state and municipal institutions. Their income will depend on whether they achieve the established indicators of the quality and quantity of state or municipal services that teachers provide (section IV of the Program approved by the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r). For institutions of various industry profiles, there are different indicators. Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n approved recommendations that explain how to draw up an effective contract. They can be used when registering labor relations with all employees of institutions.

An effective contract in education sample filling

The term effective contract was introduced in 2012 in connection with the adoption of the System Improvement Program wages in state and municipal institutions. Employers in the public sector of the economy should apply such contracts. According to the state-approved program of work on the transition to an effective contract in education, they should be completed in 2018.

Download related documents:

Important! An effective contract is an employment contract with an employee of a state or municipal institution, which details the employee's job responsibilities and wage conditions, which are due to the fulfillment of predetermined indicators (section IV of the Program).

Before introducing an effective contract, it is necessary to develop:

• commission clause or working group which will deal with the introduction of effective contracts;
• indicators and criteria by which the effectiveness of the work of employees of the institution will be evaluated;
• internal regulation on the establishment of labor standards for employees, taking into account industry specifics;
• local act, which describes the content and scope of labor functions of each employee.

You also need to make changes to the following internal documents educational institution:

• regulation on the system of remuneration, regulation on incentive and compensatory payments,
• award clause,
• job descriptions etc.

Important! There is no need to terminate the already concluded employment contracts with teachers and conclude effective contracts. To introduce an effective contract, update the relevant conditions in additional agreements to the employment contracts of teachers who are already on the staff of the organization (clause 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n).

Check out the sample order on the introduction of an effective contract:

Performance criteria in a sample effective contract

The employer must criteria for the effectiveness of incentive payments. In the sample effective contract, define your performance criteria for each employee, taking into account the regulatory legal acts of the federal, regional and local levels.

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Tips on how to develop criteria are contained in the Methodological Recommendations (letter of the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02). In particular, ten such performance indicators are set for school teachers. These include, for example, the implementation of additional projects. These are excursion and expedition programs, group and individual educational projects students, social projects etc.

Specify performance criteria in employment contract(effective contract) with an employee (clause 12 of the Recommendations approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n). If during the reporting period the quality and efficiency of work meets the performance criteria, the teacher will be credited with the appropriate payment, if it does not comply, they will not be credited or assigned in a reduced amount.

Formulate the clauses of the contract about the types of payments and the conditions under which they are paid, so that the employee understands how much and for what he will be paid. If you set payments in rubles, write down the amount in the employment contract or additional agreement(clause 13 of the Recommendations, approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n).

Form of an effective contract

To formalize an employment relationship with a teacher, an exemplary form of an effective contract (employment contract) is used. It is contained in Appendix No. 3 to the Improvement Program wage systems, which is approved No. 2190-r.

You can download a sample of an effective contract in education in this article.

Download in.doc

Download in.doc

Based on the foregoing, an additional agreement to the employment contract must be concluded after you have developed indicators and criteria for assessing the effectiveness of the work of employees of the institution in order to determine the size and conditions for the implementation of incentive payments.

Conditions to be reflected in an effective contract:

1. duties in full
2. the amount of additional work that the teacher performs without exemption from the work specified in the TD
3. all types of payments and the conditions under which they are charged

Thus, an effective contract is an employment contract that establishes incentive payments for teachers based on quality indicators, as well as effectiveness and efficiency.

Effective contains all the conditions that an employment contract includes. In addition, it contains the conditions mentioned in the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r and paragraph 2 of the recommendations approved by the order of the Ministry of Labor of Russia of April 26, 2013 No. 167n. This is a clarification of the employee’s labor function, specification of job duties, terms of remuneration, in particular the amount of remuneration and reward size for the achievement of collective labor results, indicators and criteria for evaluating the effectiveness of an employee's performance for incentive payments (indicators depend on labor results and the quality of services); measures of social support for the employee.

This concept appeared in Russian labor law five years ago, so it cannot be called new. The term was introduced into use by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which approved the Program for Improving the System of Remuneration of State Employees. In fact, this is a standard employment contract drawn up in accordance with Article 57 of the Labor Code of the Russian Federation, which spells out in more detail some conditions that relate to:

• duties of the employee (labor function);
• wage conditions and social support measures;
• criteria for assessing labor efficiency;
• the concept of incentive payments depending on the results of labor activity.

Transition to a new wage system in educational institution should ensure a decent level of salaries for teachers and other educators. Therefore, in the contract, its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the performance indicators of the entire educational organization. The transition to an effective contract in education should be phased, and the last phase ends in 2020. This means that by the end of next year, all teachers should receive incentive payments based on their performance.

First steps towards efficiency and regulatory framework

There is a whole list normative documents that should guide the development and implementation of an effective contract, for example:

• Decree of the President of the Russian Federation of 07.05.2012 No. 597;
• the state program "Development of education" for 2013-2020, approved by the Decree of the Government of the Russian Federation of May 15, 2013 No. 792-r;
• a program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r;
• order of the Ministry of Labor of Russia No. 167n dated April 26, 2013;
• Letter No. AP-1073/02 of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 (performance indicators in educational institutions).

In addition, regulatory legal acts of subordinate state, municipal educational institutions approved by local governments for specific cases and branches of education are applied. It is important to understand that any educational organization must bring its activities in line with the new conditions, that is:

1. Eliminate incentive payments for performance that is uncertain. Therefore, employment contracts should not contain vague wordings like “ conscientious performance duties."
2. Do not consider incentive payments, which are actually a guaranteed part of the salary.
3. Divide the wage fund established in the organization into two parts: guaranteed ( official salary) and incentive (payment for outstanding performance).
4. Approve performance indicators for educators.

To fulfill the last paragraph, it is necessary to apply the recommendations of the Ministry of Education from letter No. AP-1073/02. In particular, the following indicators can be included in an effective contract with a teacher:

The choice of specific items depends on the qualifications of the teacher, his experience and direction of activity. Therefore, let's take a closer look at a sample of an effective contract with a school teacher.

Structure and functions of an effective contract

When drawing up a regular employment contract, the duties of the employee are approved by the job description, and the conditions for incentive payments are approved by the local normative act organizations. The Ministry of Labor recommends that when drawing up an effective contract, not be limited to referring to the order on compensation and incentive payments, but to write them directly in the document along with labor productivity criteria. These criteria must be evaluated in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will receive guaranteed only the official salary (rate), and all other incentive payments will be accrued only if his work complies with the accepted in an educational institution, indicators of labor efficiency.

The structure of the document will look like this:

1. Place of work. If the teacher works in a branch, representative office or other separate subdivision, both the address of the main institution and the name of the unit with its location should be recorded.
2. Labor function(indicating qualifications, position and specialty).
3. Terms of payment.
4. Mode of work and rest.
5. Length of annual paid leave.
6. Measures of social support.
7. Other conditions due to the specifics of the work of the educational organization.

Labor function

The main problem in developing such a document is related to the definition of measurable performance indicators. These indicators need to be carefully considered and, if possible, tested. It is necessary to indicate directly in the text of the document the job responsibilities (Article 21 of the Labor Code of the Russian Federation), as well as the system of work requirements arising from the requirements for the activities of the institution itself. All job responsibilities must also comply with the approved professional standard for this profession. It might look something like this:

Salary

Working regime and social support

Among other things, the EC must necessarily indicate the measures of social support guaranteed to the teacher. As a rule, we are talking about compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides additional social protection, this should also be indicated. It is necessary to prescribe in the EC the duration of the working day, weeks, conditions for engaging in work on weekends and guaranteed annual paid leave.

Drawing up an effective contract or additional agreement

You can formalize the labor relations of employees in the field of education according to the new rules:

• directly at the time of employment;
• in the form of an additional agreement with those employees who are already in labor relations with the organization.

The transition to an effective contract with a teacher and the accompanying amendments to the employment contract are carried out in the manner prescribed by Article 74 of the Labor Code of the Russian Federation. This article allows changing the terms of the employment contract related to organizational matters, by decision of the employer unilaterally. However, it is necessary to notify each employee in writing at least two months before registration. If the teacher refuses to continue working on new conditions, then the employment relationship with him can be terminated in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation. In this case, a two-week severance pay(Article 178 of the Labor Code of the Russian Federation).