Legal memo on the transition to an effective contract in educational institutions

We are publishing an article by our colleague, candidate of psychological sciences, deputy chairman of the trade union committee of PPO workers of the Russian National Research Medical University. N.I. Pirogov and a member of the Central Council of our trade union Yulia Vladimirovna Chebakova from the new athe second column: "One person plus the law - already the majority" (Calvin Coolidge), devoted to legal issues in the education system.

Legal memo on the transition to an effective contract in educational institutions

Introduction effective contract in all spheres of state (municipal) provision is declared by the authorities as a way to optimize the wage system, the purpose of which is to increase wages and the quality of services in the public sector. Normative base effective contract in the field of education is defined by the following legal documents:

• 1. Decree of the President of the Russian Federation of May 7, 2012 No. 597 “On measures to implement state social policy”;
• 2. State program Russian Federation"Development of education" for 2013-2020, approved by the order of the Government of the Russian Federation of May 15, 2013 No. 792-r;
• 3. 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 26.11. 2012 No. 2190-r;
• 4. Order of the Ministry of Labor of Russia No. 167n dated April 26, 2013 “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract”;
• 5. Letter of the Ministry of Education and Science of Russia dated September 12, 2013 No. NT-883/17 “On the implementation of Part 11 of Article 108 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation””.
• 6. Indicators of the performance of subordinate state, municipal educational institutions, approved by the authorities local government.

The very idea of ​​an effective contract can indeed become the basis for the implementation of a differentiated approach to the work function performed and stimulate the improvement of the quality of work of teachers. I think many are already ready to reproach Dmitry Livanov with the hypocrisy of pathetic concern about the professional well-being of teachers and decide that, even if the idea is good, in our country it will turn into a way of manipulating and enslaving the teacher, and authorities at various levels will be to blame for this. We can partly agree with this: the university management will definitely try to use an effective contract as an opportunity to worsen the working conditions of employees and save the budget. However, this can only be done if we ourselves allow the legal system to work against us. In this article, I will present the main legal provisions transition to an effective contract, as well as point out the dangers that may lie in wait for teachers on the example of the completed transition to an effective contract at the Russian National Research Medical University. N.I. Pirogov.

What can and should a trade union do?

In the 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 26.11. 2012 No. 2190-r, the definition of an effective contract is given:

« An effective contract is understood as an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating the effectiveness for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided, as well as measures social support ».

Thus, an effective contract is not a new legal form of an employment contract, but includes changes relating only to wages and the conditions for its payment.

An effective contract should clarify and specify:

• 1) labor function;
• 2) indicators and criteria for evaluating the effectiveness of activities;
• 3) the amount and conditions of incentive payments, determined taking into account the recommended indicators.

According to article 135 of the Labor Code of the Russian Federation, " local regulations establishing wage systems are adopted by the employer, taking into account the opinion of the representative body of employees". This means that the performance criteria, on the basis of which the incentive part of wages is set, must be developed taking into account the opinion of the trade union.

The trade union, as an elected body of workers, must submit its proposals regarding performance evaluation indicators. Those. the employer does not single-handedly set these criteria, but jointly with the elected body of employees. Of course, the chairman of the trade union committee of the trade union with which the rector concluded a collective agreement (trade union, which includes at least half of the employees of the institution) has the legal right to sign the local regulatory act regarding incentive payments. In practice, these are FNPR-vskie, often "pocket" trade unions. However, even a small independent group operating at the university trade union organization can and should try to submit their proposals for agreement with the main trade union or directly with the rector. There is already a question of business tactics and the very content of performance evaluation indicators, which could be the subject of a separate article.

What can an employee do?

According to paragraph 5 of the Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, it is recommended to switch to an effective contract by concluding an additional agreement to the employment contract in accordance with Art. 74 of the Labor Code of the Russian Federation - a change in the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions. In accordance with part 2 of this article, “the employer is obliged to notify the employee in writing of no later than two months in writing about upcoming changes determined by the parties to the terms of the employment contract, as well as about the reasons that necessitated such changes, unless otherwise provided by this Code” . Those. two months before the planned transition to an effective contract, the employee must receive notification of the relevant changes in the terms of remuneration. The employee will have two months to make a decision; during this time, he must familiarize himself with the criteria for assessing labor efficiency, the conditions and amounts of accrual of incentive payments.

The employee has the right not to give consent to the transition to an effective contract before familiarizing himself with the new terms of remuneration. The new supplementary agreement is signed in accordance with Art. 72 of the Labor Code of the Russian Federation and assumes that “changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract.” The employer cannot transfer the employee without his consent to an effective contract, and upon transfer, according to Art. 9 of the Labor Code of the Russian Federation, “agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing norms labor law. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application. Those. when switching to an effective contract, the employer must comply with the procedure for transferring employees in accordance with the recommendations developed by the Russian Ministry of Labor, and also not reduce the level of employee guarantees compared to the previous wage conditions.

If all these conditions are not met, the dismissal of an employee if he does not agree to switch to an effective contract will be illegal. The very question of the admissibility of dismissal of an employee if he does not agree to switch to an effective contract (sign an appropriate additional agreement to the employment contract) remains uncertain in the legal sense. On the one hand, according to Art. 74 of the Labor Code of the Russian Federation, “if the employee does not agree to work in the new conditions, then the employer is obliged in writing to offer him another job available to the employer (as vacant position or a job corresponding to the employee’s qualifications, as well as a vacant lower position or a lower paid job)”, and “in the absence of the specified job or the employee’s refusal from the proposed job, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation - the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties. On the other hand, the Ministry of Labor of Russia in its recommendations points to the order of Art. 74 of the Labor Code of the Russian Federation when switching to an effective contract, but does not offer a procedure for the employer to follow if the employee refuses to accept the new terms of remuneration. Also in Art. 74 of the Labor Code of the Russian Federation does not spell out a complete list of working conditions, which should be classified as organizational or technological, so the question of whether changes in the remuneration system correspond to these conditions remains open.

What "pitfalls" can be expected from the employer when switching to an effective contract?

I will illustrate the possible dangers on the example of the transition to an effective contract RNIMU them. N.I. Pirogov, who committed a large number of legal violations.

1. Hurry - you will certainly screw up.

In accordance with 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 26.11. 2012 No. 2190-r, completion of work on concluding labor contracts with employees in connection with the introduction of an effective contract is expected at the third stage, covering 2016-2018. The desire of the rector A.G. Kamkin to transfer employees to an effective contract from January 1, 2015, i.e. at least a year before the deadlines, probably, and identified all subsequent violations. So paragraph 5 of the Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n states that it is recommended to conclude an additional agreement to the employment contract as indicators and criteria for assessing the effectiveness of the work of employees of the institution are developed to determine the size and conditions for the implementation of incentive payments.

In RNIMU them. N.I. Pirogov, teaching staff received notifications about the transition to an effective contract already in mid-October 2014, when there were no criteria for assessing labor efficiency. Moreover, although the notifications had a deadline of December 15, 2014, the deadline was reduced to November 1, 2014 by oral instructions. Because in the notice it was rather ultimatum stated that in case of disagreement or lack of response, the employee will be dismissed in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, my former colleagues obediently complied with the oral order. By the way, dismissal on the basis of a lack of response is illegal, because. notice basically functionally serves the purpose of informing.

2. Make sure that the employer "does not drag" the change in the urgency of the employment contract.

So in RNIMU them. N.I. Pirogov rector A.G. Kamkin arbitrarily changed the urgency of the employment contracts of those workers who in the summer passed the next competitive selection for positions. Instead of open-ended contracts with the obligatory passage of the competition once every 5 years in accordance with Part 3 of Art. 332 of the Labor Code of the Russian Federation, contracts began to be concluded for 1 year.

In his presentation (slide 28) on the official website, Rector Kamkin explained this by the transition of all teaching staff from 2015 to an effective contract, which is completely not based on law. BUT " the dean's commission, consisting of three well-known scientists from the Russian Federation and two from the European Union, will evaluate what each employee has accumulated there in a year».

By the way, from January 1, 2015, i.e. that's almost yesterday and, as usual in our country, on New Year's Eve, part 3 of Art. 332 of the Labor Code of the Russian Federation has become invalid. Now, instead of a competition, attestation will be held (part 10 of article 332 of the Labor Code of the Russian Federation), which for teachers working under open-ended employment contracts will also take place once every 5 years. Therefore, the Labor Code of the Russian Federation does not know what kind of regulation of the commission Kamkin talked about again.

In general, Chapter 52 of the Labor Code of the Russian Federation on the features of regulating the work of teaching staff has undergone significant changes in accordance with the Federal Law of December 22, 2014 N 443-FZ, which I will discuss in detail in the next publication. Returning to the topic of an effective contract, when signing an additional agreement to an employment contract when switching to an effective contract, please note that the changes relate only to the remuneration system. If the employment contract with you was concluded for an indefinite period, make sure that the employer, under the “effective noise”, did not make the contract urgent - this will reduce your guarantees as employees.

3. Performance criteria you didn't choose could cost you incentive payments.

So, in your employment contracts there is information about the base salary and incentive payments. When switching to an efficient contract, you are guaranteed to receive only the base part of the salary, while incentive payments will be accrued if your work meets the labor efficiency indicators adopted in your educational institution. Here is the rector of RNIMU them. N.I. Pirogova A.G. Kamkin, as usual, simply posted the criteria for evaluating efficiency on the official website, without familiarizing the employees with them against signature, and additional agreements have not yet been signed before the New Year, despite the deadline for switching to an effective contract from January 1 indicated in the notifications 2015. But for example, a couple of mandatory criteria for evaluating the effectiveness of the teaching and methodological work of a teacher:

• A textbook in Russian, recommended by the UMO, with an ISBN index and indexes adopted in Russia, with a preface by a leader from the Russian Federation and two published reviews, one of which is from leaders from the EU, USA, Canada.
• A multimedia textbook in Russian, which is one of the sections (modules) of the discipline recommended by the UMO, with a preface by the leader of the direction from the Russian Federation and two published reviews, one of which is from leaders from the EU, USA, Canada.

And then all the criteria in one way or another are addressed to the reviews of foreign "leaders", especially when it comes to indicators of the effectiveness of research work. And the status of an international university, which Rector Kamkin may not be aware of, does not at all cancel the laws of the Russian Federation, incl. Labor Code. It is unlikely that these criteria were agreed with the elected body of workers and it is unlikely that the opinion of workers was even supposed to be taken into account in the project. The "cost" of each of the criteria is also unknown, which not only contradicts the requirements of the 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, but also excludes any transparent mechanism for incentive payments.

As a result, my former colleagues agreed to an effective contract, the criteria for evaluating the effectiveness of which are difficult to achieve, and, therefore, they are very likely to lose part of the incentive payments previously guaranteed to them, and their salaries will mostly decrease contrary to the goals set by the government and the president. In addition, they will be evaluated annually by an incomprehensible commission for incomprehensible reasons. This is an example of how workers can reduce their level of labor guarantees without exercising the rights (as Dmitry Livanov rightly noted - the rights of the "social contract") that the system of legislation of the Russian Federation provides them.

Until the legal forum of the site has started its work, all additional questions can be asked in the comments.

Labor contract: effective contract (sample)

Until recently, domestic legislation did not contain not only a sample of an effective contract, but also the very concept of such an instrument. However, with the adoption of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved by Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r, this mechanism for formalizing labor relations appeared in domestic practice.

Effective employment contract

The Government of the Russian Federation, by its decree, defined an effective contract as an employment contract that has specific and understandable criteria for evaluating the work of an individual employee in order to accrue incentive payments.

It should be borne in mind that the transition to this type of registration of legal relations with employees must be carried out in strict accordance with the requirements of the Labor Code of the Russian Federation.

Moreover, the domestic legislation currently in force allows the transfer to effective contracts only of employees of state and municipal organizations.

Employees of private enterprises cannot be transferred to this form of registration of relations.

Each employer, when introducing this type of agreement, must perform the following steps:

• specifically define the duties and functions of each employee of the enterprise;
• develop criteria for evaluating the effectiveness of labor activity;
• to agree not only the level of payment, but also incentives;
• get the employee's consent to transfer to the new kind contracts.

Sample Sample effective contract (employment contract) is approved in the above Order of the Government of Russia. Its form can be obtained using the legal reference system "Consultant Plus" or downloaded from the websites of the authorities of the Russian Federation.

It is important to remember that the ultimate goal of transferring employees to an effective wage system is to achieve a balance between the amount of income and the complexity of the functions performed by the employee.

Effective contract after 2018

Currently, the end date for applying an effective approach to remuneration of civil servants is 2018.

However, the Government of the Russian Federation did not indicate the termination of its program after such a date.

For the period of 2017, it is planned to analyze the implementation of the initiative and develop recommendations for its further use.

Taking into account the stated goals, it can be assumed that even after 2018 the institution of an effective contract will not disappear from the domestic practice of registering civil servants for work.

Effective employment contract: sample

It should be emphasized that the Government of the Russian Federation approved only an approximate form of an effective labor agreement.

Each state and municipal structure has the right to develop its own version of such a document used to transfer employees to an effective method of remuneration.

However, given the relative novelty of such a tool, it is reasonable to use the developed form.

When introducing the specified system of remuneration of employees, the employer must apply the following types of registration of new relations:

• at the initial employment - to conclude an appropriate contract;
• to transfer existing employees, it is necessary to resort to the help of additional agreements to existing contracts.

Ignoring this algorithm will not allow you to correctly transfer workers to an effective wage system. The new conditions simply will not apply to the relevant employees.

Sample effective contract

The topical issue of the transition to an effective contract in health care institutions is of great interest to trade union activists, personnel officers, and economists of health care institutions. This topic was the subject of a seminar organized by the Terkom of the trade union, which took place at the end of 2013. F.N.Kadyrov, Deputy Director for Economic Affairs of the Federal State Budgetary Institution "TsNIIOIZ", made a presentation "Effective contract: new in the regulation of labor relations in healthcare." We bring to your attention the continuation of the presentation of the topics considered by F.N.

Reasons for amending the employment contract

In a previous post, we pointed out that, in terms of labor law, the introduction of an effective contract is the introduction of amendments to the current employment contract. In accordance with the order of the Ministry of Labor and Social Protection of the Russian Federation dated April 26, 2013 No. 167n “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when an effective contract is introduced” (hereinafter referred to as the Recommendations of the Ministry of Labor), it is planned to make changes to labor contracts unilaterally at the initiative of the employer in accordance with article 74 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code): “In accordance with part two of Article 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing no later than two month, unless otherwise provided by the Labor Code of the Russian Federation.

At the same time, changes in the employment contract at the initiative of the employer are allowed only when the terms of the employment contract determined by the parties cannot be preserved by the employer. The employer must have objective reasons for the impossibility of maintaining the currently existing terms of the employment contract. For example, he introduces new (additional) equipment, and the need for services provided with his help is great, which forces some employees to transfer to a different work schedule (second shift), etc.

Thus, the employer must not only indicate the reason for the change in the terms of the employment contract, but also prove that it was indeed impossible to maintain the previous working conditions. That is, it is necessary to specify exactly what reasons are the grounds for changing the terms of the employment contract in this particular case. There are two of them: these are changes in organizational or technological working conditions. Therefore, when notifying an employee of changes in working conditions, it is necessary to inform him of the reasons for introducing such changes. Otherwise, the actions of the employer (administration of the institution or authority in relation to the head of the institution) will be considered illegal.

What conditions of a valid employment contract with an employee cannot be saved?

Before touching on the question of what conditions of the current employment contract with the employee cannot be saved (will be changed), let's consider what the terms of the employment contract are.

Of all the conditions of an employment contract listed in Article 57 of the Labor Code, only the terms of remuneration change unambiguously with the introduction of an effective contract. This will key change under the terms of an employment contract.

Also, the employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular, on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

So, as part of the introduction of an effective contract, the terms of remuneration will be changed and the duties of the employee will be clarified (in terms of achieving performance indicators for his activities, etc.).

Other conditions of the employment contract may also change (for example, if the introduction of an effective contract may coincide with the reorganization of the institution, etc.).

Why Article 74 of the Labor Code?

It is natural to ask what organizational or technological working conditions have suddenly changed so much that the terms of the employment contract determined by the parties cannot be preserved? In fact, this article of the Labor Code is designed for other situations: the replacement of equipment that involved manual labor with automated systems etc. But there was no other more suitable article for the situation of implementing an effective contract in the Labor Code.

Recall that Article 74 does not establish an exhaustive list of what falls under the concept of “changes in organizational or technological working conditions”. It states: “in the case when, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons )…».

The transition to an effective contract forces one to look for those very “other reasons”. When changing the employment contract unilaterally, the employer is obliged to indicate these reasons. What are they? First of all, we note that they cannot be changes in the conditions of remuneration, by themselves, since it is logical to determine the change in the conditions of remuneration by changing the conditions of remuneration. vicious circle. There must be other reasons that necessitated both changes in the conditions of remuneration and clarification of job responsibilities.

Further. It is necessary to justify the changes made to the employment contract in terms of their inevitability. To do this, it is advisable to refer to the order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r “On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-18”, as well as other related to the introduction of an effective contract normative legal acts.

It is this document that contains the reasons why the terms of the employment contract determined by the parties cannot be saved. These reasons are establishing indicators and criteria for assessing the effectiveness of their activities for employees.

It is the emergence of these indicators and criteria that leads to the need to change the conditions of remuneration and clarify job responsibilities in employment contracts.

The procedure for amending an employment contract in accordance with Art. 74 TK

The procedure for amending an employment contract in accordance with Art. 74 TC, in principle, is not very complicated. Specialist personnel service it is necessary to prepare two copies of the notification with the change warning essential conditions contracts. At the same time, the notification must not only indicate the changes in the employment contract that the employer provides, but also the reasons that are the basis for introducing such changes.

One copy is handed over to the employee, on the other, remaining in the institution, the employee will have to sign for receipt of his copy.

The employee may not immediately express consent or unwillingness to work under the new conditions. If we are talking about changing the terms of an employment contract, it is enough a large number employees, then eventually the HR employee may forget who agreed to the new working conditions and who refused them. Moreover, the unwillingness to work in accordance with the new terms of the employment contract is often expressed by employees orally. Therefore, it is better to immediately offer appropriate vacancies when warning an employee about a change in working conditions. These should be all vacancies of the institution - both corresponding to the qualifications of the employee, and vacancies that are lower than his qualifications. The only exceptions are those vacancies that are located in another area. Their institution is obliged to offer, if it is provided for by the collective agreement or agreement. It should be remembered that vacancies must correspond to the state of health of the employee. Therefore, it is possible to prepare either a separate document in two copies (on what remains in the hands of the administration, the employee must sign for receipt), or you can offer vacancies already in the notification of changing the terms of the employment contract. In this case, you can use approximately the following wording: “In the event that you refuse to continue working under the new conditions, we can offer you the following vacancies currently available in the institution ...”.

Accordingly, if the employee does not agree to change the terms of the employment contract, but is ready for a transfer, the latter is drawn up in the standard manner. If neither the new working conditions suited the employee, nor a suitable position in which he would like to work was found, it is necessary to dismiss the employee under paragraph 7 of Art. 77 of the Labor Code (refusal of the employee to continue work due to a change in the terms of the employment contract determined by the parties).

If the employee agrees to work under the new conditions, then two months after receiving the notification, it is necessary to sign an additional agreement with him to his employment contract.

Notification of changes in the terms of the employment contracttc "Notice of changes in the terms of the employment contract"

A written notice is drawn up, as usual, in two copies, one of which is transferred to the employee, and the other remains with the employer. On the copy of the employer, the employee must sign the receipt of the notification, putting down the date. If the employee refuses to sign, his refusal is activated. The act of refusal to receive a notification or sign on it can be drawn up as a separate independent document in accordance with all the rules of office work, or can be made in a simplified form right on the notification.

The consent or refusal of the employee can be formulated by the employee directly on the notice (on the copy of the employer), or by signing an additional agreement to the employment contract. But this is possible only when the employee makes a decision immediately, without hesitation. The law does not specify exactly when the employee must give an answer, so it is quite possible that he will need exactly two months to think and on the last day he will inform the employer of his decision. In this case, this decision can be made in the form of a statement of consent or refusal to work in accordance with the new terms of the employment contract. The expression of consent, again, can be formalized by signing an additional agreement to the employment contract.

According to the logic of the law, the absence of objections from the notified employee indicates that he agrees to change the terms of the contract. Meanwhile, only a signature on familiarization does not mean consent, and the employee can declare this in court. In case of a possible dispute, the administration of the institution should make sure that the employee signs not only that he has been notified of the changes, but also that he agrees to continue working in such conditions.

So, if the employee agrees to continue working, an additional agreement is concluded with him, in which all changes in the employment contract must be recorded.

The conditions that must be met in order for the dismissal of an employee under paragraph 7 of Art. 77 of the Labor Code was lawful:

3) there are no vacancies suitable for him in the institution.

1) the employee was warned about the upcoming changes two months in advance;

2) he refused to continue working;

3) he was offered another suitable job;

4) the employee has received a refusal from the job offer.

Documentation can be done in the following order:

A. In the absence of vacancies suitable for the employee, taking into account his qualifications and state of health.

1. The employee is given written notice about the change in two months of the essential parameters determined by the employment contract. The notice must clearly indicate which specific conditions will be changed and how and when this will happen (no earlier than two months later).

2. On a copy of the notice that remains with the employer, the employee signs: "Notification received (date), signature, transcript."

3. On the same copy of the notice or in a separate statement, the employee informs the employer of his refusal to continue working in the new conditions.

4. The employer issues an order to dismiss the employee, which indicates the reason for the dismissal and records the fact that there is no suitable vacancy, for example: “dismiss due to refusal to continue working due to a change in the terms of the employment contract and the absence of vacancies suitable, taking into account qualifications and health status (clause 7 article 77 of the Labor Code)”.

Base:

1. Order on the maintenance of a new form of an employment contract as part of the implementation of an effective contract dated (date) No. ... (exemplary wording of the order)

2. Notice dated (date) No. …

B. In case of refusal of the proposed work.

1. The employee is given a notice of changes in the terms of the employment contract against receipt.

2. The employee writes (on a notice or in the application form) a refusal to continue working.

3. He is given a list of vacancies indicating positions (professions) and wages.

4. The employee in writing expresses his refusal from the proposed vacancies (or an act of refusal is drawn up).

5. An order is issued to dismiss the employee, which indicates the reason for dismissal and records the fact of refusal of the proposed job: “dismiss due to refusal to continue work due to a change in the terms of the employment contract and refusal of the proposed job, paragraph 7 of Article 77 of the Labor Code”.

Base:

1. Order on the maintenance of a new form of an employment contract as part of the implementation of an effective contract dated (date) No. ... (exemplary wording of the order).

2. Notice dated (date) No. …

3. Refusal to continue work from (date).

4. List of vacancies for (date).

5. Refusal of the proposed work from (date).

It would not be superfluous to recall that changes in the terms of the employment contract, which were introduced in accordance with Art. 74 of the Labor Code, should not worsen the position of the employee in comparison with the established collective agreement and agreements. Thus, the employer does not have the right to offer the employee a change in working conditions if they worsen the position of the employee in comparison with the conditions and guarantees of the collective agreement and social partnership agreements (sectoral, territorial, etc.) applicable to the employer.

Is it always necessary to notify an employee about the transition to an effective contract 2 months in advance?

The introduction of an effective contract should be carried out within the framework of the Labor Code. We have already said that the Recommendations of the Ministry of Labor imply the introduction of an effective contract in accordance with Article 74 of the Labor Code (unilaterally at the initiative of the employer). But there is also Article 72 of the Labor Code (by the way, the main one in terms of amending the employment contract). It assumes: “Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except as otherwise provided by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Therefore, the following procedure can be carried out. The employee is invited to the personnel department and informed that, in accordance with a number of normative documents(they must be listed) throughout the country, public sector employees are being transferred to an effective contract. In this regard, the employee is invited to sign an additional agreement to the employment contract, which enters into force on a specific date, and this document is given for review.

If the employee signs an addition to the employment contract, the amendments to the employment contract are considered to be made in accordance with Article 72 of the Labor Code, that is, by agreement of the parties. No two-month notice is required in this case. Note that the introduction of amendments to the employment contract does not have to be tied to the 1st day of the month, but this can cause difficulties in calculating the values ​​of incentive payments according to different criteria (before and after amendments to the employment contract).

If the employee did not agree with the proposal to voluntarily sign an additional agreement to the employment contract, he is given a notice of changing the employment contract in accordance with Article 74 of the Labor Code and the procedure described above is performed in relation to this article.

An effective contract is understood as an employment contract with an employee of a state or municipal institution, in which the following are most fully formulated: official duties employee; wage conditions.

Including indicators and criteria for evaluating the performance of an employee for assigning incentive payments to him depending on the results of work and the quality of public or municipal services and social support measures.

An effective contract fully complies with Article 57 of the Labor Code and is a form of employment contract with the expansion of certain mandatory conditions (Article 16 of the Labor Code of the Russian Federation).

The essence of an effective contract is the formation of a new remuneration system tied to the results of the work of a budgetary organization (subparagraph “e”, paragraph 1 of Decree of the President of the Russian Federation No. 597).

The main problem in introducing an effective contract is related to the development of measurable performance indicators. These indicators should be carefully considered and tested.

Need to build single system requirements for personnel arising from the requirements for the activities of the institution itself, provided for in the state and municipal task and other similar documents.

Many budget institutions retain previously applied incentive payments that have low efficiency in modern conditions. For example, for the conscientious performance of duties, the intensity of labor, the quality of labor without specifying specific measurable parameters.

At the same time, use labor duties and job titles established by the relevant professional standards, and if they have not yet been developed, then by qualification reference books (clause 10 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n).

The transition to an effective contract consists in carrying out activities related to changing the terms of the employment contract, since the clause on remuneration is its integral part (paragraph 5, part two, article 57 of the Labor Code of the Russian Federation).

Moreover, the employer actually introduces a change in working conditions unilaterally - on his own initiative, therefore, it is necessary to strictly follow the Labor Code (Articles 57, 72, 74, 100 of the Labor Code of the Russian Federation).

There are two ways to change the terms of the employment contract determined by the parties (Articles 72, 74 of the Labor Code of the Russian Federation, clause 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n):

1. send a written notice to the employee no later than two months (sample below). If agreed, conclude with him an appropriate additional agreement to the employment contract in the prescribed manner;
2. conclude in writing an additional agreement to the employment contract when switching to an effective contract with the mutual consent of the parties to make changes. In this case, no deadlines need to be observed.

If the state employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available in the institution, including a lower paid one that the employee can take (part three of article 74 of the Labor Code of the Russian Federation). In a situation where a budgetary institution is completely switching to a new wage system, it will be difficult for an employee to find a vacancy that does not provide for work under the conditions of an effective contract. In this case, the employment contract is terminated (clause 7 of the first article 77 of the Labor Code of the Russian Federation).

Sample effective contract

Efficient contracts with teachers have been introduced in educational institutions for several years. The transition to such types of contracts should lead to the improvement of the system of incentive payments for teachers of 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 order of the Government of the Russian Federation No. 2190-r). For institutions of various industry profiles, there are different indicators. Order of the Ministry of Labor of the Russian Federation 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.

The term effective contract was put into circulation in connection with the adoption of the Program for Improving the Remuneration System in State and Municipal Institutions. Employers in the public sector of the economy should apply such contracts. According to the program approved by the state, work on the transition to an effective contract in education should be completed.

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.

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

Regulation on commission 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;
a local act that describes the content and scope of the labor functions of each employee.

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

Rules of the internal work schedule,
regulation on the system of remuneration, regulation on incentive and compensatory payments,
award clause,
job descriptions and so on.

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).

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.

Tips on how to develop criteria are contained in the Methodological Recommendations (letter of the Ministry of Education and Science of Russia 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 the performance criteria in the employment contract (effective contract) with the employee (clause 12 of the Recommendations approved by order of the Ministry of Labor of Russia 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 No. 167n).

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 Program for Improving the Remuneration System, which is approved by No. 2190-r.

If a teacher just goes to work, then an effective contract is immediately signed with him in an exemplary form. If the teacher is already working, then an additional agreement is drawn up with him, which implies a change in the terms of the employment contract and is also drawn up according to the mentioned approximate form.

Based on the second part of Article 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the teacher in writing no later than two months in advance, unless otherwise provided Labor Code of the Russian Federation.

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.

If the previously executed employment contract does not contain information about the employer and employee provided for in the sample form, then it is advisable to write this information in an additional agreement to the employment contract.

When drawing up an effective contract with an employee of an institution, it is necessary to take into account the norms provided for by internal acts, collective agreements and agreements that determine:

Terms of remuneration for teachers of educational institutions (including salaries, tariff rates salaries, bonuses, allowances);
working conditions of teachers, confirmed by the results of a special assessment of working conditions;
schedule of working hours and rest time;
conditions that determine the nature of work (mobile, traveling, on the road, other nature of work).

Conditions to be reflected in an effective contract:

1. official duties in full;
2. the amount of additional work that the teacher performs without being released 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 No. 2190-r and paragraph 2 of the recommendations approved by order of the Ministry of Labor of Russia 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 the amount of incentives for achieving collective labor results, indicators and criteria for assessing the effectiveness of the employee's performance for incentive payments (the indicators depend on the results of work and the quality of services); measures of social support for the employee.

Effective contracts with employees

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.

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

Each social sphere of activity has its own basic documents developed in order to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for the education sector, 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”.

The Pay Improvement Program defines an effective contract. This is an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures.

So, an effective contract is understood as an employment relationship between an employer and employees based on:

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.

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 still its own methodological basis introduction of an effective contract.

Medical organizations - Order of the Ministry of Health of the Russian Federation No. 421,
educational organizations - Letter of the Ministry of Education and Science of the Russian Federation No. AP-1073/02;
cultural institutions - Order of the Ministry of Culture of the Russian Federation No. 920;
social service organizations - Order of the Ministry of Labor of the Russian Federation No. 287.

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 their 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:

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

With persons hired, an employment contract is signed in the format of an effective contract.

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

An approximate form of an 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.

The procedure for changing employment contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when organizational or technological working conditions change, the terms of the employment contract cannot be preserved, then it is allowed to change the terms of the contract at the initiative of the employer, that is, unilaterally (with the exception of changing the labor function of the employee). 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, a key change in the terms of the employment contract will be the adjustment of wage conditions. Article 74 of the Labor Code of the Russian Federation does not regulate this change, but it does not establish an exhaustive list of what falls under the concept of "change in working conditions". And this means that when changing the conditions of remuneration, you can be guided by 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 is obliged to indicate the 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 - these are the reasons for changing the employment contract. The introduction of indicators and criteria necessitates changes in the conditions of remuneration and clarification of job responsibilities in employment contracts.

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

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 the 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 staff list, 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 to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the case when a fixed-term employment contract 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;
terms of remuneration (including the size of the tariff rate or salary of the employee, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: 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);
regime of working time and rest time (if for a given employee of the institution it differs from the regime of working time of rest by the general rules in force in the institution);
compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an 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 of the Russian Federation and other regulatory legal acts, a collective agreement, agreements, local regulations, in particular the conditions for specifying the place of work (indicating structural unit and its location), about the test.

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 a commission in the institution to organize work related to the introduction of an effective contract.
2. To study the basic and additional performance indicators developed and approved by the founder, the quality and performance indicators included by the founder in the municipal assignment for the provision of certain types of services by the organization.
3. Get acquainted with the evaluation mechanism, the system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Carry out explanatory work in the labor collective on the introduction of an effective contract.
5. Create a section on the official website "Evaluation of 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 the current employment contracts of 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 performance indicators for employees.
8. Taking into account the developed indicators, amend the regulation on remuneration, the provision on incentive payments.
9. Adopt local regulations related to employee remuneration, taking into account the opinion trade union committee primary trade union.
10. Specify the labor function and conditions of remuneration of the employee.
11. Develop individual labor contracts (additional agreements) with employees, taking into account the approved form of an exemplary labor contract, using indicators and approved performance criteria for employees of the institution.
12. Approve the amended job descriptions.
13. Notify employees of changes to certain terms of the employment contract.
14. Conclude additional agreements with employees.

Transition to an efficient contract

To do this, we recommend that you carefully study the legal acts of the legislator related to an effective contract: Order of the Ministry of Labor and Social Protection of the Russian Federation No. improvement of the system of remuneration in state (municipal) institutions, approved by the order of the Government of the Russian Federation No. 2190-r”.

As for the fears of your employees related to the termination of the old employment contract - an effective contract in social services is not a new type legal relations. This is only a change in the important terms of the agreement (the system of remuneration, the introduction of incentive methods, performance evaluation). That is, you can simply sign an additional agreement with old employees, taking into account changes in the contract. And with new ones - to draw up an effective contract. You can argue this statement by referring to paragraph 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n. Also Art. 57 of the Labor Code of the Russian Federation: “if, at the conclusion of an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or its termination.”

The transition to an effective contract in the social sphere should be carried out according to a certain plan, in compliance with all the requirements of the legislator. It is necessary to inform (in writing) each employee about the transition to the contract, give the appropriate notice (we refer to Article 74 of the Labor Code of the Russian Federation, which states: “the employer is obliged to notify employee in writing no later than two months in advance). At the same time, develop a system for evaluating labor (efficiency) and switch to a more progressive system of remuneration. An exemplary sample of an effective contract in social protection is presented in the "Recommendations for the registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract" approved by Order of the Ministry of Labor of the Russian Federation No. 1b7n.

Effective contract with teaching staff

Thus, the essence of such a contract is to establish a relationship between wages and the results of the work of a budgetary organization.

It is applied in relations with employees of federal state institutions, and can also be concluded with employees of state institutions of the constituent entities of the Russian Federation and municipal institutions.

Pay system (including salaries ( official salaries), wage rates, additional payments, allowances);
system of labor rationing;
working conditions following the results of the special evaluation working conditions;
mode of working time and rest of teachers;
staffing of an educational institution;
conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road).

The main problem with the introduction is related to the development of performance indicators. They must be carefully thought out and tested. It is necessary to build a unified system of requirements for employees, arising from the requirements for the activities of the institution itself, provided for in state and municipal legal documents. Without this condition, an effective contract will remain just a more voluminous labor contract and will not ensure its effectiveness.

The Ministry of Education and Science of the Russian Federation has developed several methodological recommendations on the implementation of proven models of an effective contract in the system vocational training and middle vocational education and about stimulating the leaders of educational organizations (that is, with teachers). They contain a list of performance indicators for teachers and masters of industrial training of professional educational organizations, as well as a list of performance indicators for heads of professional educational organizations.

Also, important performance indicators for teachers, which should be used in the development, are established in Order No. 722-r.

Implementation takes place in several stages:

1. It is necessary to develop or bring into line regulatory documentation that regulates the criteria for evaluating the effectiveness of the work of teachers, labor standards, taking into account industry specifics, the content and scope of the labor functions of each position according to the staffing table. All local documents must be approved, and the period for their entry into force must be determined.
2. Corresponding changes are made to the internal labor regulations, regulations on remuneration, bonuses, incentive and compensatory payments, after which the provision on an effective contract with teaching staff is approved.
3. Models of labor contracts are being developed for each position for newly hired employees, as well as additional agreements to existing agreements to bring them to an effective contract.
4. The most strict compliance with the requirements of the Labor Code of the Russian Federation is required, since the terms of the employment contract change at the initiative of the employer: working teachers sign an additional agreement. The employer must give the employee at least two months' written notice. Upon agreement, conclude an additional agreement with him in the prescribed manner. In this case, the expiration of two months can not wait.

If the employee does not agree, the employer is obliged in writing to offer him another suitable position, including a lower paid one (part 3 of article 74 of the Labor Code of the Russian Federation). If this is not possible, the employment contract is terminated (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

An effective contract in a preschool educational institution

Let's answer once again the questions that, despite the fact that the Program was still No. 2190-r, still arise today:

1. What is an effective contract in the DOW;
2. How does the transition to an effective PDO contract happen in practice.

First of all, the introduction of an effective contract, even based on the name itself, implies a higher level of preparation of children for further education at school, since the remuneration system under the terms of such a contract directly depends on end results and performance indicators of each individual employee.

In addition, the use of an effective contract, in its essence, should help solve one of the most pressing problems - eliminating the queue for a child to be placed in Kindergarten.

In essence, an effective contract in the DOW is not an innovation, since it only:

1. Specifies the labor duties of the employee;
2. Determines the main indicators by which the effectiveness of his labor activity is assessed;
3. Correlate the amount of incentive payments in addition to the guaranteed salary, depending on the indicators.

The main legal aspects of the transition to an effective contract in a preschool educational institution:

1. First of all, it is necessary to develop specific indicators for the possibility of an objective assessment of labor efficiency as for concluding an effective contract directly with educators preschool as well as with service personnel.
2. The norms of Art. 135 of the Labor Code of the Russian Federation, it is stipulated that the adoption by the employer of local acts, on the basis of which a new wage system will be established in the institution, must be agreed with the representative body of employees. It is necessary to take into account the proposals for the application of performance evaluation made by trade union body institutions.
3. It is necessary to hold a meeting of the staff, the agenda of which should be an explanation of the essence of the program aimed at improving and developing the education system, with the ultimate goal of raising the level of services that kindergarten workers provide to a higher level and material incentives for performance indicators.
4. According to Part 2 of Art. 74 of the Labor Code of the Russian Federation, employees must be notified at least two months in advance that the terms of the employment contract will be significantly changed and in connection with which such changes are coming.
5. In the two-month period until the employee decides whether or not to switch to an effective contract, management should familiarize him with the new conditions of how remuneration will be made in accordance with these changes.
6. Without obtaining the consent of the employee, the manager does not have the right to transfer him to an effective contract. In accordance with the norms of labor legislation, he may be offered another vacancy (lower qualification or less paid).
7. If the employee agrees, the transition is formalized by an additional agreement to the previously signed contract in the manner prescribed by the norms of Art. 72 of the Labor Code of the Russian Federation.
8. When drawing up an additional agreement on the transition of employees to the terms of an effective contract, it is important to take into account that, in accordance with Art. 9 of the Labor Code of the Russian Federation, the level of guarantees established by the norms of labor legislation cannot be reduced.
9. It is recommended to hire new employees using the already new form of an effective contract, given in Appendix No. 3 to the program itself, adjusted for each specific case.

Often there are questions related to whether to switch to an effective contract with a head nurse or caretaker of a preschool institution.

The answer lies in the definition of the concept of an effective contract, which in itself is not something completely unknown.

Back in the days of the USSR, similar methods were introduced, taking into account the coefficients of labor participation of each employee when calculating wages.

An effective contract in a preschool educational institution allows you to bring the remuneration system of each employee to a new level, breaking away from tariff scale.

An important feature its application is the definition of responsibilities for each specialty and established criteria for evaluating work performance.

According to the Order of the Ministry of Labor of the Russian Federation No. 167n, it is recommended to use the following payments, which are stimulating and compensatory in nature, when remunerating employees of budgetary organizations:

1. Take into account the intensity of the nature of the work performed. At the same time, the additional payment for intensity can be paid in the form of one-time cash bonuses for high rates of completed tasks;
2. An increase in wages in accordance with the qualification category of the employee, which should encourage the employee to strive to improve their skills and raise the level of qualification in the profession;
3. Additional payments, both for length of service and for continuity of work in one institution. Helps eliminate the problem of staff turnover;
4. Payment of incentive bonuses according to the final indicators summed up at the end of certain periods: for a month, a quarter, a calendar year;
5. Surcharges for work in hazardous to health and life conditions;
6. To payment for the main work provided for by the terms of the employment contract when combining professions, expanding the service area, with an increase in the volume of duties performed, there must be cash bonuses. In cases of performance of the duties of an absent employee without release from their direct duties specified in the employment contract, overtime and night work must be additionally paid;
7. Other payments may be provided that encourage and stimulate employees, if this does not contradict the current legislation.

It is important to understand that when switching to an effective contract for remuneration, the part of the salary that is the salary remains unchanged and obligatory for payment.

Other incentive payments can be accrued only if the performance of each individual employee meets the assessment criteria.

The ultimate goal of introducing an effective contract in a preschool educational institution is to bring the level of payment to a decent amount based on the results of a conscientious attitude to their official duties of each employee and the quality results of his work.

Effective contracts in culture

The main regulatory legal document that establishes the goals, objectives and measures to improve the system of remuneration of employees of state and municipal institutions in order to implement Decree of the President of the Russian Federation N 597 "On measures to implement state social policy" (hereinafter - Decree N 597) is Program N 2190 -r, which is mandatory for federal state institutions and advisory for state institutions of the constituent entities of the Russian Federation and municipalities.

For cultural institutions, the State Program of the Russian Federation "Development of Culture and Tourism" has also been approved.

In accordance with Decree N 597 and Program N 2190-r, Methodological recommendations were developed for developing an action plan to improve the efficiency of the institution in terms of the provision of public services (performance of work) by the federal state institution of culture, which is under the jurisdiction of the Ministry of Culture of the Russian Federation.

By order of the Ministry of Culture of the Russian Federation N 920, Methodological recommendations were approved for the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate cultural institutions, their managers and employees by types of institutions and main categories of workers (hereinafter referred to as Recommendations N 920).

Letter of the Ministry of Culture of the Russian Federation N 124-01-39/04-NM also developed Recommendations for the development of regulatory legal acts for the implementation of measures to gradually increase the wages of workers in cultural institutions.

Decree of the Government of the Russian Federation N 2606-r approved the Action Plan (“road map”) “Changes in the Social Sphere Sectors Aimed at Improving the Efficiency of the Cultural Sphere” (hereinafter referred to as the Action Plan).

By letter of the Ministry of Culture of the Russian Federation N 32-01-39 / 04-NM, Methodological recommendations were developed for amending action plans (“road maps”) aimed at increasing the efficiency of the cultural sector in the corresponding region.

Based specified documents, many of which are advisory in nature, the subjects of the Russian Federation and municipalities develop their own documents.

In turn, cultural institutions, taking into account these documents, as well as the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions, approved for the corresponding year by the decision of the Russian tripartite commission for the regulation of social and labor relations, should:

Develop their own local regulations, in particular, establishing criteria for assessing the effectiveness of employees' work;
- amend the existing local acts that establish the system of remuneration. For federal cultural institutions, it is also recommended to develop an action plan to improve the efficiency of the institution's activities in terms of the provision of public services (performance of work) based on the target indicators of the institution's activities, improve the remuneration system, including measures to increase the remuneration of the relevant categories of workers.

The main activities carried out by cultural institutions and aimed at improving the system of remuneration, including the preparation of proposals and the approval of indicators of labor efficiency of employees and the conclusion of additional agreements to labor contracts in connection with the introduction of an effective contract or new labor contracts with newly hired employees.

Criteria, indicators and periodicity for assessing the effectiveness of the activities of employees of institutions are established by local regulatory legal acts of institutions, collective agreements, agreements, labor contracts and are determined taking into account the achievement of goals and performance indicators of the institution.

The frequency of assessing the effectiveness of the activities of institutions and their leaders is established by the bodies exercising the functions and powers of the founder.

For the development by state authorities of the constituent entities of the Russian Federation and local governments of indicators of the effectiveness of the activities of subordinate cultural institutions, their leaders and employees, the Ministry of Culture developed Recommendations N 920.

According to Recommendations N 920, performance indicators are recommended to be developed for each type of cultural institution: public (public) libraries, museums, theaters, cultural and leisure organizations, parks of culture and recreation, circuses, circus groups, zoos, concert organizations, independent groups, production, rental and screening of films, broadcasting and television, archives, other institutions of a stationary and mobile nature.

As a basis for the development of performance indicators, it is recommended to use the indicators established in the Program "Development of Culture and Tourism", the Federal target program"Culture of Russia", approved by Decree of the Government of the Russian Federation N 186, the Action Plan, as well as those indicated in departmental lists of state (municipal) services (works), lists of criteria for evaluating the activities of state (municipal) cultural institutions, provisions on incentive payments to heads of state (municipal) ) cultural institutions, other regulatory legal acts of a constituent entity of the Russian Federation or municipality.

When developing performance indicators, it is recommended to pay attention to the following parameters:

Ensuring the linkage of wages with improving the quality of public (municipal) services provided (performance of work);
- introduction of an interconnected system of sectoral performance indicators from the federal level to specific institutions and employees;
- target indicators of the institution's activities aimed at achieving the indicators determined by the "road maps", including indicators characterizing the implementation of structural and institutional reforms, as well as indicators on the ratio of the average salary of employees of the institution and the average salary in the constituent entity of the Russian Federation;
- performance indicators state order on the provision of public services (works), the quality of the provision of public services, the growth of income from the provision of paid services compared to the previous period;
- the volume of activities, as well as the number of people who have used the services of a cultural institution (for a year, half a year, a quarter, a month);
- expansion (updating) of the list of services provided to the population (for the same periods);
- implementation of the principle of wage growth in accordance with the growth of labor efficiency of employees.

In terms of the performance of managers, it is recommended to take into account, among other things:

Change in the qualification level of employees (for half a year, a year);
- Occupancy headcount personnel during the year (month);
- change in expenses for staff development (per year);
- use of modern work technologies in the work of cultural institutions (monthly).

When forming performance indicators for the main categories of employees, it is recommended to take into account the following:

The completeness of the use of the working time fund in the relevant period;
- lack of claims from the head to the performance of official duties;
- lack of claims from consumers of services to the quality of work of the employee;
- initiative in work, exchange of experience, as well as other performance indicators.

Number of new and overhauled performances;
- the number of public showings of performances at the hospital (main stage, rented venues), on tour in Russia and abroad;
- the number of public showings of performances for children and youth audiences;
- the number of spectators according to sold tickets;
- the average occupancy of the hall at the hospital (in percent) (for institutions running a ticketing industry, according to sold tickets);
- the number of new productions of performances based on works of contemporary Russian drama (for drama theatres);
- the number of new productions of performances based on the works of modern composers, as well as productions of modern choreographers (for opera and ballet theaters).

The introduction of an effective contract implies a qualitative improvement of labor relations within the framework of labor contracts.

An effective contract is an employment contract with an employee, which specifies his job responsibilities, wage conditions, indicators and performance evaluation criteria for assigning incentive payments depending on the results of work and the quality of public services provided, as well as social support measures.

As one of the measures to introduce an effective contract, it is recommended to provide for the advanced training of employees of cultural institutions dealing with issues of labor relations and wages.

When formalizing labor relations with the introduction of an effective contract in cultural institutions, as in other state (municipal) institutions, Recommendations N 167n can be applied.

According to paragraphs 4, 5 of Recommendations N 167n, the implementation of an effective contract can be carried out in two ways: by concluding an employment contract with new employees or by concluding an additional agreement to already concluded employment contracts.

An approximate form of such an employment contract is given in Appendix 3 to Program N 2190-r. At its core, this is an employment contract drawn up in accordance with the requirements of the law, but special attention should be paid to the condition of remuneration. In particular, this applies to incentive payments. In this regard, the contract should specify the labor function (duties), indicators and criteria for evaluating the effectiveness of the employee (manager), the amount of remuneration and incentives. At the same time, the conditions for receiving remuneration and encouragement should be clear to the employee and employer and should not allow double interpretation.

The system of remuneration of employees (including salaries (official salaries), wage rates, additional payments, allowances);
- the system of labor rationing;
- working conditions of employees based on the results of a special assessment of workplaces, as well as other special working conditions for employees;
- working hours and rest time;
- staffing of the institution;
- conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).

Similar recommendations have been developed for an additional agreement to an employment contract. That is, it is recommended to indicate in the condition on remuneration not only the size of the tariff rate or salary, but also specify the conditions for making compensation and incentive payments (names of payments, size, conditions for receiving, frequency, indicators and criteria for evaluating performance).

At the same time, personnel officers should carefully review the previously concluded employment contract for the presence of all the mandatory conditions established by Art. 57 of the Labor Code of the Russian Federation, and in the absence of any condition, include it in the additional agreement.

In addition, it is recommended to include a condition on measures of social support, and in cases provided for by labor legislation and other regulations, other conditions (for example, the specifics of setting the teaching load for teachers of educational institutions of higher and additional professional education, calculating the salaries of teachers, other teaching staff with taking into account the established volume of teaching load).

An employment contract or an additional agreement to it may also provide for additional conditions specifying the rights and obligations of the parties to the employment contract that do not worsen the position of the employee of the institution in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, a collective agreement, agreements, local regulations, established by Art. 57 of the Labor Code of the Russian Federation.

In wage systems, labor contracts and additional agreements to labor contracts with employees of institutions, it is recommended to use the following incentive and compensation payments:

For the intensity and high results of work (surcharge for the intensity of work, bonuses for high work results, for the performance of particularly important and responsible work);
- for the quality of work performed (surcharge for having a qualification category; bonus for exemplary performance of a state (municipal) task);
- for continuous work experience, length of service (surcharges for length of service, for continuous work experience);
- bonuses based on the results of work (based on the results of work for the month, quarter, year);
- persons engaged in hard work, work with harmful and (or) dangerous and other special working conditions;
- for work in areas with special climatic conditions (district coefficient, coefficients for work in desert and waterless areas, in high mountainous regions, an allowance for work experience in the regions of the Far North and equivalent areas);
- for work in conditions that deviate from normal (surcharges for combining professions (positions), for expanding service areas, for increasing the volume of work, for performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, for performing work of various qualifications, for work at night);
- allowance for work with information constituting a state secret, their classification and declassification, as well as for work with ciphers;
- others provided for by labor legislation, other acts containing labor law norms, as well as collective agreements and agreements.

When establishing a condition on remuneration, one should not be limited to references to the provisions of local regulations containing rules governing the implementation of incentive and compensation payments and nature. And the condition on payments of compensatory and incentive nature is recommended to be specified in relation to this employee of the institution.

If any payments are set in absolute amount (in rubles), it is recommended to indicate this amount, and if the amount of payments is set in percentages, points and other units of measurement - in these units, indicating the conditions under which payments are made.

In conclusion, we note once again that when switching to an effective contract, employers of cultural institutions should, on the basis of federal and regional regulatory legal documents, both general and sectoral, develop criteria and performance indicators for employees and approve them in the prescribed manner. Then it is necessary to make appropriate changes to the regulation on remuneration, as well as develop standard form an employment contract and an additional agreement subject to an effective contract. As indicators and criteria for labor efficiency are developed for certain categories of workers, it is necessary to conclude employment contracts or additional agreements with them. Before concluding additional agreements, do not forget to notify employees in accordance with Art. 74 of the Labor Code of the Russian Federation for two months on changing the terms of the employment contract on remuneration (as well as other conditions). Moreover, if the employee refuses to work in the new conditions, the employer is obliged in writing to offer another job available to him. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Introduction of an effective contract

The regulatory framework for the implementation of the transition includes:

A program that contains, among other things, an exemplary contract form;
Decree of the President;
action plans developed in various fields of activity at the federal, regional and local levels;
Recommendations on registration of labor relations, approved. Ministry of Labor of Russia;
recommendations on the development of performance indicators in various areas;
evaluation criteria and recommendations for their application, approved in the regions and locally.

The action plan, as a rule, is contained in the order for the transition to an effective contract.

The mandatory form of this order has not been approved, however, according to generally accepted practice, the order usually contains:

Name of the institution and details of the order (date, number);
a provision on the transformation of labor relations with employees in accordance with the requirements for an effective contract;
regulation on the approval of the commission, which is designed to develop performance indicators for employees of the institution, regulations on remuneration and new forms of labor contracts, including additional agreements that change existing labor contracts;
an indication of the need to notify employees of upcoming changes and the conclusion of additional agreements.

Depending on the stage at which the order is issued, it can approve the indicators developed by the commission, the incentive procedure and the form of an effective contract.

Transfer order and other documents this issue(regulations on the assessment of the work of employees, new forms of employment contracts, local acts on remuneration, including incentive payments, etc.) are posted on the official website of the institution.

Additional agreements are concluded with employees who at the time of transfer are in an employment relationship with the employer, taking into account the provisions contained in Article 74 of the Labor Code of the Russian Federation, since there is a change in the terms of the employment contract that cannot be saved.

The employee must be notified at least two months before the change takes effect. If the employee was not notified, but signed an additional agreement, it is considered that the employee, by his actions, expressed his consent to the changes.

With the introduction of an effective contract in education, culture, healthcare and other social spheres an additional agreement is concluded after the development of indicators and evaluation criteria by a particular institution.

The supplementary agreement states:

Reasons for changing the terms of the employment contract (in this case, the Program indicated at the beginning);
labor duties of the employee (if they were not specified or specified in the employment contract);
employee performance indicators and criteria for its evaluation;
the procedure for remuneration, including compensatory and incentive payments;
provisions on social insurance and other support measures, etc.

It should be noted that if the terms of the supplementary agreement worsen the position of the employee and contradict labor laws and local regulations, the employee may refuse to sign it and complain about the employer.

An effective contract in healthcare

Maintain human resources;
increase the prestige of working in budget medical institutions;
bring wages medical workers according to the quality of their work.

While there is much to be gained from the idea of ​​an effective contract, the likelihood of risks must be taken into account when putting it into effect. Especially at the initial stage of work in the conditions of the new wage system, when many questions arise regarding how much money and for what exactly the employees of health facilities will receive.

“It was supposed to organize the payroll system in such a way that both the complexity of the work and its quality were taken into account,” says Alina GALIULINA, project manager at SKB Kontur. - But for this it is necessary to solve the problem of the structure of wages. So far, all the proposed systems for evaluating the work of physicians have a number of shortcomings. Initially, the idea was to introduce performance criteria for each position, such as a point system. Each indicator for each specialty is evaluated in points. Then the employee's points are summed up, multiplied by a certain constant, and the received amount is paid to the person. Everything seems to be logical, but this option is bad because every month you need to count the points (and there can be several hundred employees in the health facility), submit this data to economists, and they must calculate the size of the allowances in a short time. This is simply unrealistic, to calculate points you need a department or at least one employee who will only deal with this. ”

Therefore, many health facilities, in order to avoid a huge amount of work with scoring, introduced a system of coefficients and faced a deficit in the wage fund. This happened partly because the payroll was not designed for 100% fulfillment of the plan by all employees, and partly because of the general underfunding of the healthcare sector.

According to Irina TITOVA, head of the personnel department of Krasnoufimskaya RB, their medical institution had many problems with payment. Despite the fact that according to the roadmap, the basic and incentive parts of payment should be 60 and 40%, respectively, in practice, everything is far from being the case and the basic part is much less. So it is not quite clear yet how to achieve the level of wages, which is provided for by the order approved by the President of the Russian Federation.

However, at the same time, Irina TITOVA notes the advantages of paying part of the salary in accordance with the criteria for assessing work: this encourages employees to complete their tasks 100%.

“With the introduction of the new remuneration system, the efficiency of the work of the staff has increased, the efficiency has increased,” says Elena SERMYAGINA, Head of the Human Resources Department of the Sverdlovsk Regional Clinical Hospital No. 1. - Of course, a large amount of work has been added for personnel officers and economists. And we need to continue to analyze the effectiveness of an effective contract, but so far we have not particularly noticed any minuses. And to date, much more systematic work is expected, which justifies the essence of the introduction of effective contracts. There are still many organizational measures to be taken, but in the end, an effective contract will indeed be effective in the full sense of the word. And then the person will know for what and for what he works, the quality of his work and his attitude to work will become better. I do not see anything negative in the introduction of an effective contract. It's just that everything new is perceived with caution by people, and there are always those who do not accept the new, they like to live in the old way.

In some healthcare facilities in the Sverdlovsk region, the transition to an effective contract has occurred quite recently, but due to underfunding, one can hardly expect any positive changes.

“Yes, they renamed the employment contract, expanded it, put duties in it,” says the head of the personnel department of one of the district hospitals. - But if there is no money, then this is just another government profanity. Maybe some healthcare facilities have improved the situation due to the reduction of key positions when introducing an effective contract, but not all of them. But new responsibilities for personnel officers are falling like a snowball, reporting has increased four times.”

Regional departments do not give a clear answer on what to do if there are not enough funds to pay the incentive part of the salary. Therefore, personnel officers and economists of various health facilities are trying to find a way out of this situation on their own.

The Karpinsky Central City Hospital also faced a shortage of payroll, and, as Tatyana VASILYSHINA, head of the personnel department, says, they had to talk with employees, explain the situation, for what reason the amounts received were less than expected, and also introduce new agreements to the payment agreement every month. All this, of course, adds paper work to personnel officers.

In turn, the introduction of a directly effective contract did not cause economic turmoil, but the subsequent cut in funding for the hospital also put the hospital economists in a dead end.

Alternatively, you need to initially make a small coefficient for incentive payments in order to meet the planned payroll. But how can you predict in advance how the employee will fulfill the plan? Therefore, now the majority of health facilities conclude effective contracts either with vague wording, or without prescribing indicators at all. But then any test will reveal that there is no point in concluding an effective contract. The best way- calculate the correct coefficient by analyzing the work under the conditions of an effective contract for six months. This requires a lot of effort and time.

Filling out an effective contract

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.

The transition to a new system of remuneration in an 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.

There is a whole list of regulatory documents that must be followed when developing and implementing an effective contract, for example:

Decree of the President of the Russian Federation No. 597;
the state program "Development of education", approved by the Order of the Government of the Russian Federation No. 792-r;
a program for the gradual improvement of the wage system in state (municipal) institutions, approved by Decree of the Government of the Russian Federation No. 2190-r;
order of the Ministry of Labor of Russia No. 167n;
letter of the Ministry of Education and Science of Russia No. AP-1073/02 (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 of 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 stimulating (payment for outstanding performance).
4. Approve performance indicators for teachers.

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.

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 regulatory act of the organization. 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 assessed 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 subdivision with its location should be recorded.
2. Labor function (indicating qualifications, position and specialty).
3. Terms of remuneration.
4. Mode of work and rest.
5. Duration of annual paid leave.
6. Measures of social support.
7. Other conditions due to the specifics of the work of the educational organization.

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.

Based on the content of the regulatory legal acts governing the new system of remuneration, the EC should provide, in addition to the teacher's salary, other types of incentive payments and compensations.

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.

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 labor relations 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 period must be paid. severance pay(Article 178 of the Labor Code of the Russian Federation).

Notice of transition to an effective contract

Notice of change to an effective contract is the main method by which an employer informs its employees of a change to a regular employment contract. Therefore, it must be properly prepared and provided to employees.

The notice must detail the essence of the changes, as well as the date of their entry into force. According to the current legislation, the notice must be handed over to employees who, after reading it, put their signature. However, it must be provided in writing. Since oral notification of the replacement of an employment contract is prohibited by applicable law.

It is worth noting that absolutely all activities related to the introduction of an effective contract should take place in an open form. Each of the points of the contract is discussed by the whole team.

As of today, a unified form of notification simply does not exist. For this reason, it is perfectly legal for companies to use freeform.

It is also important that the composition of the notification itself is also not established by law. Despite this, there are requirements that must be taken into account.

First of all, the notification must contain detailed description new terms of an effective contract. There should also be a note that explains the need for these changes. A description of the reasons with reference to documents and laws is also an integral part of the notification. The text should contain data on the date the changes come into force.

In addition to following the notice order, the employer must also comply with the notice periods themselves. According to the current legislation, a legal entity is obliged to notify employees of upcoming changes two months in advance, and if the employer is religious organization then no later than seven days. Since effective contracts do not apply to the latter, in our case, the law allocates two months for notification of changes in the terms of an employment contract until the amendments are made.

An effective director's contract

Let's try to find out if there are differences between an effective contract and a regular employment contract:

From the analysis of this table, it can be seen that the differences between a regular employment contract and an effective contract are, in fact, in the wording. “New” in an effective contract is the inclusion in it of the conditions for making incentive payments (name of the payment, conditions for receiving the payment, indicators and criteria for evaluating performance, frequency, amount of payment).

Thus, an indicator of the transition to an effective contract will be the use in the text of the employment contract of the term “indicators and criteria for evaluating performance” (in determining which, you can use the letter of the Ministry of Education and Science of Russia No. AP-1073/02 “On the development of performance indicators”).

Therefore, the introduction of an effective contract is nothing more than a change in the conditions determined by the parties to the employment contract, and must be carried out in strict accordance with the labor legislation of the Russian Federation.

This means that in the overwhelming majority of cases, changes to the existing employment contracts of employees can be carried out only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). And the more detailed the indicators and criteria for evaluating the effectiveness of activities, the frequency, the amount of incentive payments are spelled out in the new employment contract (in additions or amendments to the employment contract), the more often it will be necessary to make appropriate changes to employment contracts (for example, when introducing the Federal State Educational Standard, it is quite logical establishing incentive payments for this process, however, when the GEF is implemented, such incentive payments simply become meaningless).

In cases where the employee objects to such changes in the employment contract, the director will find himself in a very unpleasant situation, since without the consent of the employee, the director has the right to make changes to employment contracts only for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code). Code of the Russian Federation).

Such changes can be changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

And a change in indicators and criteria for assessing the effectiveness of employees' activities cannot be attributed to changes in organizational or technological working conditions, despite the fact that changes in organizational or technological working conditions may entail a change in wage conditions. Therefore, the detailing of all these indicators should be reasonable, and it makes sense to include in the employment contract only those compensation and incentive payments that will be regular and stable (for example, incentive payments for qualification categories). At the same time, it is important not to forget to indicate the frequency and conditions for receiving such payments, otherwise you will have to pay them monthly, regardless of the results of your activities. Regarding those compensation and incentive payments that will be irregular, different in size, it is best to include in the employment contract (addition or amendment of the employment contract) a phrase like: “... as well as other compensation and incentive payments, the procedure, amount and frequency of which is established by the Regulation on wages."

This approach to describing the remuneration system in an employment contract is quite correct, since labor relations are regulated according to the principle of a combination of state (centralized) and contractual (local) regulation (Article 2 of the Labor Code of the Russian Federation).

At the same time, it must be remembered that the failure to include in the employment contract any of the rights and (or) obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer, arising from the terms of the collective agreement, agreements, cannot be considered as a refusal to exercise these rights or fulfill these obligations (part 5 of article 57 of the Labor Code of the Russian Federation). This means that even in the case when no changes and additions have been made to the employment contracts of specific employees, but federal and (or) regional legislative acts, as well as the regulations of local governments, local regulations of the educational organization, they are provided for, employees have the full rights provided (including the right to receive compensation and incentive payments) and fully perform the stipulated duties.

From the foregoing, it becomes clear that an effective contract is not as terrible as it is presented, and there is simply no point in fighting its implementation. Its implementation must be approached calmly and deliberately!

If you consider it necessary to implement it (or there will be a written instruction) - implement it!

However, in order to be among the leaders who are successfully implementing the Program for the gradual improvement of the wage system in state (municipal) institutions, one should not delay its implementation!

And now a little excursion to recent history remuneration of employees of educational institutions in Russia.

For the first time, the need to “implement effective measures to improve the financial situation and strengthen the stimulating role of the wages of healthcare workers, the system of social protection of the population, education, culture, science and other institutions, organizations and enterprises that are on budget financing; to streamline the ratios in wage levels depending on the complexity of labor and the qualifications of workers, to create a mechanism for maintaining these ratios "was enshrined at the legislative level in the Decree of the Government of the Russian Federation No. This situation in terms of modern information and communication technologies can be called the “System of remuneration of education workers”.

The next time, the problem of “differentiating wage levels depending on the qualifications and complexity of the work performed, the procedure for determining and the amount of compensation payments, as well as the procedure for determining incentive payments and the criteria for their establishment” was considered in Decree of the Government of the Russian Federation No. 583 “On the introduction of new remuneration systems for employees of federal budgetary and state institutions and federal state bodies, as well as civilian personnel of military units, institutions and divisions of federal bodies executive power, in which the law provides for military and equivalent service, the remuneration of which is currently carried out on the basis of a single tariff scale for the remuneration of employees of federal state institutions. This is already clearly "The system of remuneration of education workers."

And, finally, “ensuring that the remuneration of employees is in line with the quality of their provision of state (municipal) services (performance of work)”, provided for by the Program for the gradual improvement of the remuneration system in state (municipal) institutions, approved by order of the Government of the Russian Federation No. 2190-r, can qualify for "The system of remuneration of workers in education".

Most likely, this is not the latest version of the "Educational Remuneration System", which is to be implemented in order to preserve human resources, increase the prestige and attractiveness of work in educational institutions. Although it seems obvious that no effective, no other contract, no system of remuneration will allow you to increase the average salary without increasing the payroll and (and) reducing the number of employees in your educational institution.

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10 mistakes when switching to an effective contract

The transition to an efficient contract is an actual change in systems and wage rates. At the same time, the practice of the last two years has shown that budget organizations make mistakes when switching to new wage systems. Some controversial situations have already been considered in courts. From the article, you will find out what mistakes your colleagues make and get recommendations on how to avoid them.

Background

Decree of the President of the Russian Federation of 07.05.2012 No. 597"On Measures for the Implementation of State Social Policy" The Government of the Russian Federation was instructed to adopt a program for the gradual improvement of the system of remuneration for employees of the budgetary sector of the economy, conditional on the increase in wages to achieve specific indicators of the quality and quantity of services provided. The goal is to preserve the personnel potential and increase the prestige and attractiveness of professions in the public sector of the economy.

The program for the gradual improvement of the wage system in state (municipal) institutions for 2012–2018 was approved (hereinafter referred to as the Program for Improving the Remuneration System, Order No. 2190-r). It provides for the transition to a new system of labor relations, which is based on the mechanism of an effective contract. This mechanism implies the inclusion in the employment contract with the employee of indicators and criteria for evaluating the effectiveness of his activities for the appointment of incentive payments depending on the results of work and the quality of the services provided.

Federal executive authorities were instructed to approve recommendations on formalizing labor relations with employees when introducing an effective contract in terms of setting indicators, criteria and conditions for incentive payments. The result of this assignment was order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n"On approval of recommendations on formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract" (hereinafter referred to as the Recommendations on formalizing labor relations with an employee).

It was from April 2013 that state (municipal) institutions began to switch to an effective contract. The process should be completed by the end of 2018.

Consider typical mistakes, which allow the heads of state (municipal) institutions, when switching to an effective contract.

Mistake 1. Drafting an “effective contract” document

An effective contract is not the name of a document, but a term that reflects the specifics of the content of an employment contract with an employee of a budgetary institution.

Labor relations arise between the employee and the employer on the basis of an employment contract ( Art. 16 Labor Code of the Russian Federation dated 12/30/2001 No. 197-FZ, Further - Labor Code of the Russian Federation). The term "contract" in Labor Code of the Russian Federation not used at all.

ADVICE. Enter into a regular employment contract with new hires - on terms that reflect the essence of an effective contract. With employees already working in the organization, formalize the transition to a new wage system with an additional agreement to the existing employment contract.

Mistake 2. Conclusion of fixed-term employment contracts for the transition to an effective contract

Fixed-term employment contracts are concluded only if there are legal grounds for this. Therefore, when applying for a job in a budgetary institution, an employee general rule accepted for an indefinite period.

Some employers, when making changes related to new wage conditions, set the term of the employment contract. This is illegal for two reasons:

1. There are no objective grounds for changing the term of the employment relationship.

2. The type of contract - fixed-term or concluded for an indefinite period - is determined at the time of its conclusion.

ADVICE. Do not limit the duration of the employment relationship by entering into an effective contract, unless there are grounds for this provided for in Labor Code of the Russian Federation.

Mistake 3. Concluding an employment contract without adjusting the approximate form

In the Sample form of an employment contract with an employee of a state (municipal) institution, approved. Decree of the Government of the Russian Federation dated November 26, 2012 No. 2190-r(hereinafter referred to as the Sample Form of an Employment Contract), not all the conditions that should be included in an employment contract are listed. Therefore, it does not fully meet the requirements Art. 57 TK RF.

Often, employers understand Order No. 2190-r literally and afraid to retreat from An exemplary form of an employment contract, losing sight of the fact that it obviously does not contain such conditions as the place of work, working conditions at the workplace, guarantees and compensations for work with harmful and (or) dangerous working conditions, indicating the characteristics of working conditions at the workplace (if the employee hired under such conditions), etc.

At the same time, real employment contracts do not always include the conditions listed in An exemplary form of an employment contract:

1. Rights and obligations of the employee and the employer

These provisions are included in the employment contract by agreement. Their absence is not considered as a waiver of these rights or the performance of these duties.

2. Structural unit in which the employee will work

An indication of the specified place of work, including the structural unit and its location, is an additional condition of the employment contract.

3. Entry into force of the employment contract

Fixing this date is an exception. As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer ( Art. 61 Labor Code of the Russian Federation).

4. Working time and rest time

Working hours and rest time without fail is indicated only if for this particular employee it differs from the general rules in force at the employer.

ADVICE. Include in the employment contract not only the provisions specified in Order No. 2190-r, but also mandatory conditions defined Art. 57 TK RF.

Mistake 4. Changing the terms of remuneration without specifying the labor function

First of all, in an effective contract, the job responsibilities of the employee should be specified. Sample form of employment contract involves an indication of the specific types of work that the employee must perform, and not just the name of the position, profession, specialty.

Of course, job responsibilities can be specified in job description, giving a link to it in the employment contract (information of the Ministry of Labor of Russia dated 11/28/2013 "Answers to the questions of the Government of the Saratov region on monitoring the implementation of Decrees of the President of the Russian Federation dated May 7, 2012 No. 597" On measures for the implementation of state social policy ", dated 1 June 2012 No. 761 “On the National Strategy for Action for Children for 2012-2017” and of December 28, 2012 No. 1688 “On Some Measures for the Implementation public policy in the field of protecting orphans and children left without parental care”, as well as the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by the order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r ").

ADVICE. When switching to an effective contract specify official functions employee in an additional agreement to the employment contract.

The employee must be notified two months in advance of:

On upcoming changes to the terms of the employment contract determined by the parties;

About the reasons that caused the need for such changes.

Error 5. The absence in the employment contract of specifying the conditions for remuneration

An employment contract that meets the requirements of an effective contract should specify the terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of public (municipal) services provided ( Clause 13 of the Sample Form of an Employment Contract).

The Ministry of Labor of Russia, explaining the transfer of workers to an effective contract, recommends:

fix in contracts the names of payments of a compensatory nature, their size, factors that determine their receipt;

· indicate in the contracts the names of incentive payments, the conditions for their receipt, indicators and criteria for evaluating the effectiveness of activities, the frequency, size of payments;

not be limited to references to the provisions of local regulations that regulate the implementation of incentive and compensation payments (clauses 8 and 13 Recommendations on registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract, approved. by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, hereinafter - Recommendations).

It is not necessary to indicate in the employment contract the size of all payments included in the salary. This conclusion follows from the literal definition of the concept of "effective contract", given by the Government of the Russian Federation. The only exception is the size of the tariff rate or salary (official salary) of the employee (Art. 57 of the Labor Code of the Russian Federation).

It is not enough, however, to specify individual indicators and criteria for evaluating performance in the contract. The amount of remuneration and encouragement for the achievement of collective labor results should be established. In the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2015 (approved by No. decision of the Russian tripartite commission for the regulation of social and labor relations dated December 24, 2014) it is also said that the employment contract provides for the amount of compensation payments and the conditions for making incentive payments.

ADVICE. Indicate in the employment contract the amount (or method of calculation) of all components of wages.

Mistake 6. Criteria and performance indicators of employees are not developed

Criteria and performance indicators are the basis for changes in the remuneration system for employees of state (municipal) institutions. Without their development and implementation, it is impossible to make changes to employment contracts and apply new wage conditions.

Please note that the introduction of performance indicators and criteria is regarded by inspection bodies and courts as a change organizational conditions labor. This allows you to use the procedure for changing the terms of the employment contract determined by the parties unilaterally ( Art. 74 Labor Code of the Russian Federation).

ADVICE. Develop criteria and performance indicators for an employee before changing the wage clause in his employment contract.

Mistake 7. Transferring only the main staff of the institution to an effective contract

The legislation does not contain an indication that an effective contract is introduced for certain categories of workers. Which means new approach to remuneration applies to all employees working in state (municipal) institutions.

So, by virtue of Order No. 157n, the Recommendations can be applied when registering labor relations with all employees of the institution. For each of them, the labor function, indicators and criteria for evaluating the effectiveness of activities are specified, the amount of remuneration and incentives for achieving collective labor results is established (para. 1 , 2 recommendations).

If the criteria and performance indicators are not developed for all employees, but, for example, only for key personnel, the goal for which a new system of remuneration of state employees is introduced will not be achieved.

ADVICE. Establish criteria and performance indicators for all employees of the organization.

Mistake 8. No changes are made to the collective agreement, a local regulation on wages

The transfer of employees to an effective contract through the introduction of performance indicators and criteria is changing the system of remuneration in state (municipal) institutions. Transferring employees to effective contracts according to the rules Art. 74 The Labor Code of the Russian Federation, as recommended by the Russian Ministry of Labor, employers forget about one important requirement. Changes in the terms of the employment contract determined by the parties should not worsen the position of the employee in comparison with the established collective agreement, agreements. Therefore, first changes must be made to the collective agreement.

The same is true for local regulations on wages. The salary of an employee is established by an employment contract in accordance with the remuneration systems in force for this employer ( Art. 134 Labor Code of the Russian Federation). In turn, remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory and incentive nature, as well as bonus systems established by collective agreements, agreements, local regulations in accordance with labor legislation.

ADVICE. First fix the change in the remuneration system (including indicators and criteria for the performance of employees, the frequency of their assessment) in the regulation on remuneration (collective agreement) and only then draw up additional agreements to employment contracts.

Mandatory terms of an employment contract ( Part 2 Art. 57 of the Labor Code of the Russian Federation):

Place of work, place of work indicating a separate structural unit and its location;

Labor function;

Start date of work;

The term of the contract and the circumstances that served as the basis for concluding a fixed-term employment contract;

Terms of remuneration;

The mode of working hours and rest time (if different from the general rules in force for this employer);

Guarantees and compensation for work with harmful and (or) dangerous working conditions, indicating the characteristics of working conditions at the workplace;

Conditions that in some cases determine the nature of work (mobile, traveling, on the road, etc.);

working conditions at the workplace;

Condition on compulsory social insurance of the employee;

Other conditions in cases stipulated by labor legislation.

Mistake 9. Violation of the procedure for notification of changes in working conditions determined by the parties

Some employers give employees a notice "on the transition to an effective contract", providing in it the negative consequences in case of refusal to sign an additional agreement to the employment contract. At the same time, it is not clear from the content of the notice which conditions of the employment contract are being changed.

To inform the employee about upcoming changes means to directly indicate in the notification what will change in the contract and what the new conditions will be. Failure to comply with this requirement may have negative consequences for the employer: from a fine for non-compliance with labor laws to the recognition of illegal dismissal of an employee in connection with the refusal to continue working in changed conditions.

ADVICE. In the notification of the transition to an effective contract, indicate all changes in the terms of the employment contract.

Mistake 10. Employees who refuse to switch to an effective contract are not offered a transfer

Employers explain this by the fact that the positions that could be offered to the employee also “transfer” to an effective contract, which means that there is no point in talking about them. But article 74 The Labor Code of the Russian Federation contains an imperative rule: dismissal is allowed only if the employee cannot be transferred to another job. To prove the impossibility of the transfer is your, the employer's, task.

ADVICE. For employees who refuse to transfer to an effective contract, offer in writing a transfer to another job.

In conclusion, we note that all attempts by workers through the courts to recognize the transition to an effective contract as discrimination in the sphere of labor, the deterioration of their rights, are unsuccessful. The courts confirm that budgetary institutions operate within the law and introduce wage systems, fulfilling the requirements of the President of the Russian Federation and the Government of the Russian Federation.