Municipal effective contract. Transition to an effective contract (sample order)

Now many public sector enterprises are transferring their employees to the so-called effective contract, a sample of which is presented below. The bottom line is that under this agreement, the payment of bonuses and the social package of a state employee directly depend on the quality of his work. An approximate version of such a document is enshrined in law.

What to be guided by

Since 2012, the Program for the gradual improvement of the remuneration system in state and municipal institutions approved by the Government of Russia has been in force (Decree No. 2190-r dated November 26, 2012). An approximate sample of an effective contract with employees is given in Appendix No. 3 to this Program.

Contract example

The following is a complete sample of an effective contract in 2019. Since it is exemplary, of course, the leadership of a state or municipal institution can supplement or shorten it. However, we advise you to do it very carefully or not go far from this form.

An approximate form of an employment contract with an employee of a state (municipal) institution

___________________________ "__" ___________ 20__

(city, town)

(name of the institution in accordance with the charter)

in the person of ________________________________________________________________________,

(position, full name)

acting on the basis ________________________________________________

(charter, power of attorney)

Hereinafter referred to as

employer, on the one hand, and ____________________________________________,

hereinafter referred to as the employee, on the other hand (hereinafter referred to as the parties)

have entered into this employment contract as follows:

I. General provisions

1. Under this employment contract, the employer provides

worker to work on _____________________________________________________________

(name of position, profession or

__________________________________________________________________________,

specialties with qualifications)

and the employee undertakes to personally perform the following work in accordance with

the terms of this employment contract:

___________________________________________________________________________

(indicate the specific types of work that the employee must perform according to

employment contract)

2. The employee is hired:

__________________________________________________________________________.

(full name of the branch, representative office, other separate

structural unit of the employer, if the employee is hired

work in a specific branch, representative office or other separate

structural unit of the employer with indication of its location)

3. The employee works in a structural unit

employer _____________________________________________________________.

(name of a non-separate department, department, section,

laboratories, workshops, etc.)

4. Work with the employer is for the employee: ______________________

(main, part-time)

5. This employment contract is concluded for: _________________________

__________________________________________________________________________.

(indefinite period, definite period (specify duration), for

the time of performing a certain work with an indication of the reason (reason)

conclusion of a fixed-term employment contract in accordance with Article 59

Labor Code of the Russian Federation)

6. This employment contract comes into force on "__" __________ 20__.

7. Date of commencement of work "__" ____________ 20__

8. The employee is set a probation period lasting _______

months (weeks, days) in order to verify the compliance of the employee with the assigned

II. Rights and obligations of an employee

9. The employee has the right to:

a) providing him with work stipulated by this employment contract;

b) ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

c) timely and in full payment of wages, the amount and conditions of receipt of which are determined by this employment contract, taking into account the qualifications of the employee, the complexity of the work, the quantity and quality of the work performed;

d) other rights provided for by the labor legislation of the Russian Federation, this employment contract.

10. The employee is obliged:

a) conscientiously fulfill their labor duties assigned to him by paragraph 1 of this employment contract;

b) comply with the internal labor regulations applicable to the employer, the requirements for labor protection and ensuring labor safety;

c) observe labor discipline;

d) take care of the property of the employer, including the property of third parties held by the employer, if the employer is responsible for the safety of this property, and other employees;

e) immediately notify the employer or immediate supervisor of the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer, including the property of third parties held by the employer, if the employer is responsible for the safety of this property, the property of other employees.

III. Rights and obligations of the employer

11. The employer has the right:

a) demand from the employee conscientious performance of duties under this employment contract;

b) adopt local regulations, including internal labor regulations, labor protection and labor safety requirements;

c) bring the employee to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

d) encourage the employee for conscientious efficient work;

e) other rights provided for by the labor legislation of the Russian Federation and this employment contract.

12. The employer is obliged:

a) provide the employee with work stipulated by this employment contract;

b) ensure the safety and working conditions of the employee in accordance with the state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

d) pay in full the wages due to the employee on time;

e) to process and ensure the protection of the employee's personal data in accordance with the legislation of the Russian Federation;

f) to acquaint the employee against signature with the adopted local regulations directly related to his labor activity;

g) perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this employment contract.

IV. Salary

13. For the performance of labor duties stipulated by this employment contract, the employee is paid a salary in the amount of:

a) official salary, wage rate ___________ rubles per month;

b) compensation payments are made to the employee:

c) incentive payments are made to the employee:

14. Payment of wages to an employee is made in the terms and in the manner established by the employment contract, the collective agreement and the internal labor regulations.

15. The employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, the collective agreement and local regulations.

V. Working time and rest time

16. The employee is set the following duration of working hours (norms of hours of pedagogical work for the rate) _____________________

__________________________________________________________________________.

(normal, reduced, part-time)

17. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations or this employment contract.

18. The following features of the work mode are established for the employee (specify) ________________________________________________________________.

19. The employee is provided with an annual basic paid leave of ____________ calendar days.

20. The employee is granted an annual additional paid leave of ______________ in connection with __________________________

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

21. Annual paid leave (basic, additional) is provided in accordance with the vacation schedule.

VI. Social insurance and measures of social support for the employee provided for by law, industry agreement, collective agreement, this employment contract

22. An employee is subject to compulsory social insurance in accordance with the legislation of the Russian Federation.

23. The employee has the right to additional insurance on the terms and in the manner established by ______________________________________________

__________________________________________________________________________.

(type of insurance, name of the local regulatory act)

24. The employee is provided with the following measures of social support provided for by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the industry agreement, the collective agreement, this employment agreement (specify):

__________________________________________________________________________.

VII. Other terms of the employment contract

25. The employee undertakes not to disclose legally protected secrets (state, commercial, official and other secrets) that become known to the employee in connection with the performance of his labor duties.

With the list of information constituting a secret protected by law, the employee must be familiarized against signature.

26. Other terms of the employment contract __________________________________.

VIII. Responsibility of the parties to the employment contract

27. The employer and the employee are responsible for non-fulfillment or improper fulfillment of the assumed duties and obligations established by the legislation of the Russian Federation, local regulations and this employment contract.

28. For committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employee may be subject to disciplinary sanctions provided for by the Labor Code of the Russian Federation.

IX. Change and termination of the employment contract

29. Amendments may be made to this employment contract: by agreement of the parties, when the legislation of the Russian Federation is changed insofar as it affects the rights, obligations and interests of the parties, at the initiative of the parties, as well as in other cases provided for by the Labor Code of the Russian Federation.

30. If the employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee in writing no later than 2 months in advance (Article 74 of the Labor Code of the Russian Federation) .

The employer is obliged to notify the employee about the upcoming dismissal in connection with the liquidation of the institution, the reduction in the number or staff of the institution's employees personally and against signature at least 2 months before the dismissal (Article 180 of the Labor Code of the Russian Federation).

31. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

Upon termination of the employment contract, the employee is provided with guarantees and compensations provided for by the Labor Code of the Russian Federation and other federal laws.

X. Final provisions

32. Labor disputes and disagreements of the parties on compliance with the terms of this employment contract are resolved by agreement of the parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

33. In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation.

34. This employment contract is concluded in 2 copies (unless otherwise provided by the legislation of the Russian Federation), having the same legal force.

One copy is kept by the employer, the second is given to the employee.

EMPLOYER EMPLOYEE

______________________________________ ___________________________________

(name of organization) (full name)

Address (location) Residential address

Passport (other identification document)

TIN series number

issued by

date of issue "___" ______

_____________ ___________ ____________ ___________________________________

(position) (signature) (full name) (signature)

The employee received one copy of this

employment contract

__________________________________________

(date and signature of the employee)

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

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

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

Mandatory components:

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

All areas of state security are required by law to switch to an effective contract. In fact, it is not a completely new legal document - rather, modified and supplemented, and the changes affected only the salary and the conditions for its payment, and a notice of the state of affairs the day before must be submitted to employees.

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

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

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

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

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

An effective contract in education - sample filling

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

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

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

Regulation on an effective contract in education

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

One of the main documents listed above is the Program for the gradual improvement of the wage system, which began to operate in 2012. In its Appendix No. 3, an exemplary form of an employment contract is indicated, which is required to be filled out when switching to an effective agreement.

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

From the article you will learn:

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

An effective contract in education sample filling

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

Download related documents:

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

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

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

It is also necessary to make changes to the following internal documents of the educational institution:

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

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

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

Performance criteria in a sample effective contract

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

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

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

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

Form of an effective contract

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

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

Download in.doc

Download in.doc

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

Terms of an effective contract (sample)

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

• conditions of remuneration for teachers of educational institutions (including salaries, tariff rates salaries, bonuses, allowances);
• system of labor rationing;
• working conditions of teachers, confirmed by the results of a special assessment of working conditions;
• schedule working hours and rest time
• staffing educational institution;
• 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. duties in full
2. the amount of additional work that the teacher performs without exemption from the work specified in the TD
3. all types of payments and the conditions under which they are charged

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

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

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

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

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:

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 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 evaluated in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will receive guaranteed only the official salary (rate), and all other incentive payments will be accrued only if his work complies with the accepted in an educational institution, indicators of labor efficiency.

The structure of the document will look like this:

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

Labor function

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

Salary

Working regime and social support

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

Drawing up an effective contract or additional agreement

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

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

The transition to an effective contract with a teacher and the accompanying amendments to the employment contract are carried out in the manner prescribed by Article 74 of the Labor Code of the Russian Federation. This article allows changing the terms of the employment contract related to organizational 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 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 severance pay must be paid (Article 178 of the Labor Code of the Russian Federation).

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:

1. 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.
2. 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.
3. Carrying out explanatory work in the team and analysis of existing employment contracts.
4. 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.
5. 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.
6. 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.
7. 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;
• an entry of the corresponding content is made in the personal card (T-2 form) and the 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.

1. ​For the high result and intensity of work. They may also include bonuses for performing work of particular importance or requiring increased responsibility.
2. For the quality of work. In addition to the bonus for excellent performance of the state task, it may include allowances for category upgrades.
3. For continuous professional experience and length of service.
4. Bonuses based on the results of work for a certain period (month, semester, half a year, etc.).
5. 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.