Where do the criteria fit when introducing an effective contract. Is an effective contract so scary

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;
obtain the consent of the employee to switch to a new type of contract.

An approximate sample of an 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 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

From this article you will learn:

The transition of state and municipal institutions to is carried out as part of the implementation of the State Program to improve wages in them. It was approved by Government Decree No. 2190-r dated November 26, 2012 (hereinafter referred to as the Program). Its implementation is designed for the period up to 2018. This innovation has raised a number of questions both from the heads and employees of personnel services, and from the employees of such institutions. Consider what constitutes an effective contract, samples of this document for institutions of various fields of activity and how the transition to an effective contract should take place.

What is an effective contract

The regulatory framework for the transition to a new system of labor relations in the public sector, in addition to the Program, consists of:

Decree of the President "On measures for the implementation of social policy" No. 597 of 07.05.2012;
Order of the Ministry of Labor No. 167-n dated April 26, 2013, implementing recommendations for concluding effective contracts with employees of budgetary institutions;
Industry roadmaps for the transition to an effective contract.

The reason for the gradual transition to a new system of remuneration in the public sector was the decision to make the level of income of teachers, doctors, cultural and social workers in direct proportion to the quality of services they provide. The plan for the transition to an efficient contract aims to bring wages first to the level of the average for the region, and then to double its increase.

Among other goals pursued by the change in a number of sectors of the public sector, are called:

increasing the prestige of professions, undermined by low wages;
increasing the general level of qualification of employees of budgetary institutions;
improving the quality of state and municipal social services;
transparency in the formation of remuneration for both ordinary employees and managers.

As explained in the Program, an effective contract is a type of employment contract. The name should not be misleading, we are not talking about public service, employees of budgetary institutions remain in the same status, the nature of their remuneration by the state employer is simply changing somewhat. fully complies with the provisions of Art. 57 of the Labor Code of the Russian Federation. It must specify all the required conditions:

place of work (in our case, a specific institution);
labor function;
the amount of wages and various allowances;
mode of operation and its nature;
description of working conditions, etc.

OUR REFERENCE

The provisions of the Program and other regulations do not imply changes to the text of the Labor Code, but contain a requirement to specify those terms of the employment contract that relate to job duties and the remuneration system. The Ministry of Labor, in order to bring personnel documentation to uniformity, recommends using a sample additional agreement to an effective contract, given as an appendix to Order No. 167-n. That is, we are not talking about a new type of employment contract, but only about clarifying certain points, in relation to its conditions.

The difference between an effective contract and an employment contract

Transition to an efficient contract

The action plan for the transition to an effective contract must necessarily begin with the development and criteria for its evaluation. This is done by a special commission appointed by the order on the introduction of an effective contract. Without this point, all further activity simply loses its meaning.

The second step should be to amend the local acts of the organization. This is logical, because the system of remuneration is changing, which will require a revision of the conditions of the relevant provision and the collective agreement. All changes made are approved by orders (with the exception of the collective agreement).

And only after that you can proceed to the conclusion of additional agreements with employees to. We are talking about those employees who are already working in the institution. With newcomers to work, such contracts will be concluded from the very beginning.

OUR REFERENCE

The order of the Ministry of Labor states the need to comply with the procedure provided for in Art. 74 of the Labor Code of the Russian Federation. This article provides for the possibility of changing a number of conditions of the employment contract unilaterally, at the request of the employer. But only in the case when, for objective reasons, the previous conditions cannot be preserved.

The step-by-step procedure for the head of the institution will be as follows:

Acquaintance with normative documents and basic performance indicators developed by the founder (state or municipality). Familiarity with the mechanisms set out in the task for evaluating performance.
Issuance of an order on the transition to an effective contract. It names the reasons that caused the necessity and inevitability of such a step. In our case, the Program and other regulations can be indicated as justification. At the same time, a working group is appointed by the same order, which will develop a provision on an effective contract and efficiency criteria for a particular institution, using the recommendations of the Ministry of Labor and industry departments. Employees of all departments get acquainted with the order. The sample order for the transition to an effective contract should contain the date when this will happen.
Carrying out explanatory work in the team and analysis of existing employment contracts.
Development and adoption of new local acts reflecting changes in the wage system. When adopting them, it is necessary to obtain and take into account the opinion of the trade union organization. Changes are also made to the job descriptions of employees. At the same time, draft treaties and additional agreements are being developed.
the notice of the introduction of an effective contract, the employer is obliged to state in writing the reasons for the changes in the employment contract. According to lawyers, the need to change the pay system fully falls under the criterion of organizational changes, which gives the employer the right to change the terms of the employment contract at will. A sample notification of transition to an effective contract can be found on our website.
Conclusion of additional agreements. Since we are talking about changes in the terms of existing employment contracts, only this procedure is permissible. Termination or termination of the contract means dismissal for the employee. The employer has the right to do this on his own initiative only in strictly defined cases (Article 81 of the Labor Code of the Russian Federation). The transition to an effective contract system does not apply to them.
Resolution of the situation with those employees who do not want to work in the new conditions.

Let's dwell on the last point in more detail. Art. 72 of the Labor Code of the Russian Federation obliges the employer to obtain consent from the employee for any changes in the employment contract. And the cases under Art. 74 of the Labor Code of the Russian Federation will not be an exception. The employee has the right to independently decide whether the conditions offered by the employer are suitable for him. And agree to change the employment contract or refuse.

If the employee refuses to sign an effective contract, then the employer must offer him a transfer to another position to which the contract does not apply. However, given the general obligatory nature of such a wage system, it is easy to assume that there simply will not be such vacancies. The employer is not required to create them specifically.

In such a situation, after the end of the warning period (or earlier, but only by mutual agreement), the employment contract with the stubborn employee is terminated, since Art. 77 of the Labor Code of the Russian Federation, an appropriate basis is provided for this. The general procedure for dismissal in this case is observed:

an order is issued to terminate the employment contract (form T-8), in which paragraph 7 of Art. 77 of the Labor Code of the Russian Federation;
the employee gets acquainted with the order and confirms this fact with a signature;
a record of the relevant content is made in the personal card (T-2 form) and work book;
the record of dismissal is certified by the seal and signatures of the head of the personnel service and the employee himself;
a work book is issued, a calculation with all accrued compensation and the necessary documents.

The Ministry of Labor recommends that when drawing up additional agreements when switching to an effective contract, adhere to the requirements of Art. 57 of the Labor Code of the Russian Federation. At the same time, the definition given in the program requires that the employment contract be supplemented by specifying such conditions as job duties, pay, and performance criteria. They must be set out in an additional agreement.

Regardless of which area the institution belongs to, the additional agreement must necessarily reflect those points that were not previously included in the employment contract. In particular, it is recommended that job responsibilities be reflected directly in the text of the agreement. If the employee combines positions, then it is additionally indicated what kind of work and to what extent he is entrusted.

As for industry specifics, they are reflected in the criteria that should be followed when evaluating efficiency. Consider what recommendations are given to institutions in the field of education, health, culture and social services.

Compensation under an effective contract

The system of remuneration in the implementation of an effective contract fully complies with the requirements of labor legislation. This means that it includes the base part (salary), compensation payments and the incentive part. It is the size of the latter that will be affected by the achievement of the indicators specified in the contract.

For the high result and intensity of work. They may also include bonuses for performing work of particular importance or requiring increased responsibility.
For the quality of work. In addition to the bonus for excellent performance of the state task, it may include allowances for category upgrades.
For continuous professional experience and length of service.
Bonuses based on the results of work for a certain period (month, semester, half a year, etc.).
Compensation for work in special conditions and district coefficient, etc.

In the most effective contract or in an additional agreement to an already existing employment contract, all payments are specified in relation to a particular employee. In the future, the criteria and amount of payments will be reviewed when extending or revising the terms of an effective contract.

When transferring employees to an effective contract, the manager must remember that changing working conditions should not reduce the level of guarantees provided for by labor legislation. This concerns not only the size of the salary of employees of institutions, but also the procedure for the transition to a new payment system. Any violations may result in a labor dispute.

Question:The Labor Code of the Russian Federation allows to conclude only an employment contract, nowhere does it say that it is possible to conclude an effective contract with an employee. Against this background, is it possible to conclude an effective contract with an employee and call it an effective contract?

The concept of "effective contract" first appeared in the Budget Address of the President of the Russian Federation to the Federal Assembly dated June 28, 2012 "On Budget Policy in 2013-2015", where one of the main goals of budget policy for 2013 and the medium term was called the transition to " efficient contract. He must clearly define the terms of remuneration and the "social package" of the employee, depending on the quality and quantity of work performed by him. Note that the phrase "effective contract" was put in quotation marks, which means a certain conventionality of this term.

The Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018 (hereinafter referred to as the Program) approved by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r provided for the transition of state and municipal institutions to a system of effective contracts. In accordance with Section IV of the Program, an effective contract is an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating performance for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided, as well as social support measures. 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.

The Labor Code of the Russian Federation provides for the conclusion of only labor contracts (Articles 56, 57, 68, etc.). Appendix No. 3 to the Program provides an exemplary form of an employment contract with an employee of a state (municipal) institution. Thus, concluding an effective contract with an employee would be contrary to labor law. The concept of "effective contract" does not replace the concept of "employment contract" and does not even mean a new kind of employment contract. Rather, it is a modern way to stimulate employees, involving the transition to new wage conditions.

Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n (as amended on February 20, 2014) approved the Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract, which should be followed when formalizing labor relations with employees of state (municipal) institutions . According to clause 4 of the Recommendations, when applying for a job, an employee of an institution and an employer conclude an employment contract in accordance with the Labor Code of the Russian Federation using the approximate form of an employment contract given in Appendix No. 3 to the Program. With an employee of an institution who is in an employment relationship with an employer, it is recommended to draw up an agreement on changing the terms of the employment contract determined by the parties (clause 5 of the Recommendations).

Decree of the President of the Russian Federation of May 7, 2012 No. 597 “On Measures for the Implementation of State Social Policy” instructed the Government of the Russian Federation to ensure an increase in real wages by 1.4-1.5 times by 2018. The text of the Decree does not specifically provide for teaching staff of institutions of additional education. However, in order to implement the Decree, by order of the Government of the Russian Federation of November 26, 2012 No. 2190-r, the "Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012-2018" was approved, which determines the timing and amount of wage increases for teachers institutions of additional education. In particular, in accordance with paragraph 8 of Annex 4 to the said Program, it is planned to increase the average salary of teachers of additional education institutions in 2013 to 75 percent of the salary of school teachers (for teachers, this level should be from October 2012 at least 100 % of the average salary in the region); in 2014 - up to 80 percent; in 2015 - up to 85 percent; in 2016 - up to 90 percent, in 2017 - up to 95 percent and in 2018 - 100 percent. fifteen

The implementation of the Decree can be achieved through the introduction of the so-called "effective contract" with the employee.

An effective contract is a concept from economic theory. In laws and other normative acts, the term "effective contract" is not used, but the concept of "employment contract" is used (in the field of public service - "service contract").

The meaning of an effective contract as an economic category is to establish mutually beneficial conditions by an employment contract, both for the employer and for the individual employee.

From a legal point of view, an effective contract can be briefly defined as a detailed, in the text of the employment contract, regulation and regulation of labor, ensuring an increase in the quality of work, and an increase in the benefits received by the employee from the performance of work, both material (salary) and intangible (prestige, convenient mode of operation, etc.).

The introduction of an effective contract is provided for by several program documents of the Government of the Russian Federation.

In most of these documents, an effective contract is simply mentioned without defining, without "deciphering" what such a contract is. In the State Program of the Russian Federation "Development of Education" for 2013 - 2020, for example, such a general characteristic is given:

An effective contract is understood as labor relations between an employer (state or municipal institution) 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. Labor relations between the employer and employees, including the establishment of wages, are formalized at the conclusion of employment contracts. 16

The definition of an effective contract is given in 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 of November 26, 2012 No. 2190-r (hereinafter referred to as the "SOT Program"):

An effective contract is an employment contract with an employee that specifies his job responsibilities, wage conditions, indicators and performance criteria for assigning incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures. 17

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

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

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. The transition to an effective contract in education should be phased, and the last phase ends in 2019. This means that by the end of next year, all teachers should receive incentive payments based on their performance.

First steps towards efficiency and regulatory framework

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

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

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

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

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

Actions of teachers	Performance indicators
Implementation of extracurricular projects with students (excursions, distance learning projects, circles and sections)	Number of organized events involving at least 5 students
Organization of systematic research, monitoring of individual achievements of students	Maintaining and monitoring the portfolio of individual achievements of students
Dynamics of individual educational results of students (according to the results of control and certification)	Positive dynamics; stable dynamics at the optimal level (above 60%); negative dynamics
Organization of joint events with parents of students	Number of activities held jointly with parents
Participation of students in competitions, olympiads, competitions, etc.	Number of participants at the level of school, district, city, region, country
Participation in collective pedagogical projects, scientific and methodological work	Speeches at teachers' councils, seminars, conferences, number of publications, etc.
Participation in the development and implementation of the main educational program	Participation in the development of a section, subprogram, creation of an author's course
Implementation of a health-promoting educational space	The number of physical culture and health and sports events, the absence of comments on compliance with SanPiN
Working with children from disadvantaged families	Students from dysfunctional families involved in the social life of the class, school, their participation in contests, competitions, olympiads
Creation of elements of educational infrastructure	Equipment of the classroom aimed at improving the quality of education

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

Structure and functions of an effective contract

When drawing up a regular employment contract, the employee's duties are approved by the job description, and the conditions for incentive payments are approved by the organization's local regulatory act. 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:

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.
Labor function (indicating qualifications, position and specialty).
Terms of payment.
Mode of work and rest.
Length of annual paid leave.
Measures of social support.
Other conditions due to the specifics of the work of the educational organization.

Labor function

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

Salary

Working regime and social support

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

Drawing up an effective contract or additional agreement

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

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

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