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Additional agreement to an effective contract in healthcare. Effective contract sample filling. I. General provisions

Effective contract in healthcare: opportunities and risks

From the editor:

As we promised, we continue to publish materials related to an effective contract in healthcare. This topic is much broader than the issues of remuneration of health workers. Today's material is devoted to the opportunities and threats associated with the implementation of an effective contract, proposals to counter existing risks and threats. In the next issues of the journal, we will continue the topic: materials will be published on the regional aspects of the implementation of an effective contract, analysis various systems wages, etc. We invite our readers to join the discussion of the issues raised.

Chief editor N.G. Kurakova

Measures related to the implementation of an effective contract are becoming increasingly specific. Along with the well-known*(1), there are more and more new documents devoted to this topic. It is worth mentioning, for example, the Action Plan ("road map") "Changes in the sectors of the social sphere aimed at improving the efficiency of healthcare", approved by the Government Decree Russian Federation dated December 28, 2012 N 2599-r. The purpose of this "road map" is to improve the quality of medical care based on improving the efficiency of medical organizations and their employees.

In pursuance of this resolution, a number of orders of the Ministry of Health of Russia were issued, including Order No. 1706 dated December 29, 2012 "On approval of guidelines for the development of action plans ("road maps") by the executive authorities of the constituent entities of the Russian Federation "Changes in social sectors aimed at Improving the efficiency of health care in the subject of the Russian Federation".

We see that the measures related to the introduction of an effective contract have gone far beyond the issues directly related to the remuneration of employees: these are issues of labor legislation, and labor rationing, and the quality of medical care, and the efficiency of health care institutions in general, etc. d.

One can only welcome the main measures related to the introduction of an effective contract. The mere fact that the increase in wages is not seen as an end in itself deserves a positive assessment - the task is to get a serious return from this in the form of improving the availability and quality of medical care. And the emphasis on the phrase "effective" in relation to the contract is not accidental - within the framework of the current labor legislation and the accepted forms of employment contracts, it is easy to implement only positive incentives (encouragement). It is extremely difficult or even impossible to establish a strict demand from employees, to reduce pay for poor-quality work.

It can also be assessed as the right decision that the introduction of an effective contract is carried out simultaneously with an increase in the general level of remuneration, provided for by Decree of the President of the Russian Federation of May 7, 2012 N 597 "On measures to implement state social policy" (hereinafter referred to as the Decree of the President). Indeed, it is difficult to make serious demands on the volume and quality of work with the existing rather low level of wages. medical workers. An increase in the general level of remuneration creates good prerequisites for increasing demand from medical personnel for the results of their work. On the other hand, a salary increase in itself does not do much: if you simply increase wages employees, for example, they will not start working twice, twice as better - adequate measures of responsibility are needed. The simultaneity of these measures makes it possible to break the existing "vicious circle".

Nevertheless, attempts at a "one-time" transition to an effective contract can be fraught with negative consequences. It is necessary to take into account not only the prevailing mentality of medical workers ("all-round defense" when trying to increase demand for the results of work, blackmail with layoffs - after all, the personnel problem will not be solved overnight after the introduction of an effective contract, etc.). Wages must also be taken into account. If we look at the dynamics of the approximate (indicative) values of the ratio of the average wages of health care workers and the average wages in the constituent entities of the Russian Federation in 2012-2018 * (2), then we will see that until 2015 the pace of wage increases is quite modest - a significant jump wage growth is expected only in 2016-2017*(3). This "delay" is no coincidence. First, by 2015, the financially costly step-by-step increase in the amount of insurance premiums for insurance of the non-working population paid by the constituent entities of the Russian Federation should be completed (before this period, not all of the Federal Law of the Russian Federation of November 30, 2011 N 354-FZ "On the size and the procedure for calculating the rate of insurance premium for compulsory medical insurance of the non-working population "an insurance premium in the amount of 18,864.6 rubles per non-working person per year). A simultaneous increase in the wages of state employees would be unbearable for a number of regions. Secondly, there are hopes that the economic situation in the country will improve by the specified date.

But one way or another, taking into account the existing realities, in our opinion, it is inappropriate to introduce tightening requirements for medical workers in full at once - this process should be phased and generally correspond to the growth rate of their wages. The situation when, with a nominal increase in wages by 5-7%, measures are introduced that provide for the possibility of a much larger (even if justified) reduction in wages, can be perceived extremely negatively.

It should be recognized that, unfortunately, at one time a number of unique opportunities were missed to establish the dependence of wages on performance results, including the quality of medical care. An excellent potential opportunity to take into account the resulting indicators when remunerating labor arose with the introduction of additional payments to employees of the district service and ambulance, paramedics as part of the priority national project"Health". Moreover, a phased transition to establishing the dependence of wages on the results achieved could be ensured. Officially, it was believed that, for example, additional payments to employees of the district service (10 and 5 thousand rubles) are made for the fulfillment of "the state task for the provision of additional medical care." Labor relations between these employees and healthcare institutions for the performance of an additional amount of work in connection with the fulfillment of the state task for the provision of additional medical care were formalized by concluding additional agreements to employment contracts. The contracts provided for the imposition on the employee of obligations to perform an additional amount of work within the limits of the length of working time established by him by law, depending on the position. For fulfillment additional responsibilities employees were given an additional payment in the form of a stimulating bonus to wages. It was assumed that failure to fulfill these obligations could serve as a basis for the reduction or complete removal of additional payments. However, it turned out that under no circumstances could these payments be reduced - it was impossible to financially punish employees for failure to fulfill additionally assigned duties. Accordingly, the expected effect in the form of improving the provision of medical care from the introduction of these payments was not obtained (although the task of retaining personnel was partially solved). Thus, this unique opportunity to link at least part of wages to the results of labor was not realized.

It should be noted that now funds for these purposes are received within the total amount of subventions allocated to the territorial funds of compulsory medical insurance from the federal fund. That is, the constituent entities of the Russian Federation have the right to independently determine the amount and conditions for making these payments, including making decisions to reduce the amount of payments if the established requirements are not met.

There is hope that now the chance to link increased wages with performance will not be missed.

Moreover, there are good prerequisites for the implementation of an effective contract. First of all, these are new conditions for the operation of state (municipal) institutions in connection with the ongoing reform of the public sector as part of the implementation of Federal Law No. (municipal) institutions.

The Budget Message of the President of the Russian Federation dated June 28, 2012 on budget policy in 2013-2015 noted: "The legal framework for refusing the estimated financing of institutions and introducing a new wage system has already been created. Now the task is to introduce it everywhere and ensure practical implementation the new mechanism for financing state and municipal institutions already provided for by law, and in the institutions themselves - to ensure the transition to an "effective contract", which should clearly define the terms of remuneration and the "social package" of the employee, depending on the quality and quantity of the work performed by him. contract" is also designed to increase the competitiveness of the state as an employer in regional labor markets and the comparability of labor costs in the state, municipal and private sectors of the economy.

Among the provisions of the mentioned new regulatory framework created as part of the reform of the public sector, the following points can be highlighted that contribute to the implementation of an effective contract:

State (municipal) health care institutions, by virtue of the abolition of subsidiary liability of the owner for the obligations of autonomous and budgetary institutions, the expansion of the types of property for which they are liable for their obligations, the increase in the personal responsibility of managers for the presence of overdue accounts payable, etc., become not just interested - they become forced to carry out their activities more effectively;

The role of income from income-generating activities, which involves the use of other, more efficient wage systems, is increasing;

The independence of institutions is increasing in many areas, including in matters of remuneration, etc.

A good prerequisite for the implementation of an effective contract is the experience of implementing modernization programs in healthcare, within which certain experience has been gained in developing criteria for evaluating the work of a number of categories of medical workers. Another thing is that in the framework of the implementation of modernization programs, the real binding of wages was not always carried out. Insurance organizations, in accordance with the supplementary agreement to the contract, could withdraw from the institution an additional part of the tariff provided for the implementation of the standard in cases where the standard was not fully implemented. But, firstly, within the institutions, there was usually no link between the additional remuneration of an employee and the amount of payment received for the treatment of a particular patient. And, secondly, the reduction by the insurance organization of payment for the rendered medical services was not directly related to the quality assessment - the insurance organization could remove an additional part of the tariff for the very fact of non-compliance with the standard, regardless of how much it was necessary to fully comply with the standard in this particular case, taking into account the state the patient's health, the presence of concomitant diseases, etc.

As already noted, an effective contract contains a number of positive ideas, provisions, opportunities for improving the functioning of health care. But it is necessary to take into account the possible threats associated with the process of implementing an effective contract in order to prevent them as far as possible.

In particular, in accordance with the Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r "On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018" (hereinafter - the Order), the calculation of the actual level of average wages certain categories employees, in relation to the average wage in the corresponding subject of the Russian Federation, is calculated per 1 individual(based on statistical data on the number of employees). At the same time, the amount of the accrued wages of employees on the payroll for the main job includes remuneration for internal combination, as well as remuneration under civil law contracts concluded by employees on the payroll with their institution. It is well known that in healthcare there is a high level of part-time work and the performance of additional work that, according to the law, does not belong to part-time work, but, in fact, corresponds to it. The methodology approved by the Decree compares the salary of a medical worker working at 1.5-2 rates with the salary of an "averaged" worker for the region, working at about 1.25 rates. Therefore, many medical workers, having learned about the essence of the methodology, are disappointed, because due to part-time jobs, combining positions, additional duties, payment for providing paid services etc. and present wages may be high enough not to be subject to serious further increases.

The same applies to the following provision of the Order: "When assessing the ratio of the wages of certain categories of workers, determined by the Decree of the President, and the average wage in the region, all wages received by the employee from all sources are taken into account." On the one hand, this is good - there will be incentives for the development of official paid services at all levels: from the heads of the constituent entities of the Russian Federation to the heads of institutions, there will be fewer unreasonable restrictions in this area. At the same time, this is a good prerequisite for reducing the shadow payment for medical care. But again, workers who provide official paid services (whether during regular or non-working hours) may feel deceived - after all, it is not the state that provides them with wage increases, but they themselves.

In view of all this, a good explanatory work is needed, designed to show real prospects for a wage increase (with all the reservations - a very serious one), without creating false expectations.

And although in any case, the increase in the salaries of medical workers will be significant, industry specifics should still be taken into account.

Further. Until now, there is ambiguity on many fundamental issues. In particular, this concerns the specification of which specific employees are subject to the measures to increase wages provided for by the Decree of the President. We are talking, for example, about doctors and employees of medical organizations with higher medical (pharmaceutical) or other higher education, providing medical services (ensuring the provision of medical services). "On the one hand, it is good that they have not forgotten (as happened in many cases ) workers with a higher non-medical education (for example, biological, pedagogical (speech therapists) or psychological education). But, on the other hand, it should be clearly defined what the phrase "provides the provision of medical services" means. Whether this category includes a statistician or methodologist? Would it be fair to deprive them of the salary increase provided for the main category of doctors. higher education, discussing the pressure chamber? Will nurses without a medical degree be eligible for a pay increase under the Presidential Decree (they are not considered medical workers under the new legislation)? These issues are all the more relevant because, by and large, the task of any employee who does not directly provide medical care is to ensure the provision of medical services.

The concretization of these provisions is also important from another point of view: the introduction of an effective contract should not be selective - it should apply to all employees in the public sector (selective measures should be taken in relation to various categories of workers, taking into account the characteristics of their work). disinterest in overall results activities of the institution of workers responsible for logistics (including medicines), maintenance of equipment, etc., can become a serious brake on measures to ensure the success of the implementation of an effective contract (more precisely, to achieve the expected results).

In this regard, we recall that in accordance with the Decree of the President, it is planned to increase wages not only for doctors, nurses and junior medical personnel, but also "increase the wages of workers in the public sector of the economy", although without specifying the increased level. Therefore, in order to avoid another distortion in the levels of remuneration of employees of healthcare institutions (which is one of the risks of introducing an effective contract), a more or less comparable increase in the level of remuneration of all employees is necessary.

In this regard, I would like that in the future, both the constituent entities of the Russian Federation (municipalities) and institutions, would seek funds to increase wages not only for the categories of personnel provided for by the Decree of the President, but the inspectors, in turn, would not cling to the fact that in the stipulated By the Decree of the President, the wages of employees who, in their opinion, were not supposed to be raised were increased in size (so that this would not be considered as "misuse of funds", etc.).

Let's consider another important point. The order stipulates: "ensuring the differentiation of remuneration of the main and other personnel, optimization of expenses for administrative and managerial and auxiliary personnel, taking into account the maximum share of expenses for remuneration of their labor in the wage fund of the institution no more than 40%."

The need to optimize labor costs for administrative and managerial personnel is beyond doubt - they are often overestimated due to excessive numbers, unreasonably. high salary etc.

An analysis of the experience of the regions shows that the main measures aimed at reducing the cost of maintaining other personnel usually include:

Normative setting of limit values for the share of administrative and managerial personnel in the structure of regular positions of institutions (or in the wage fund);

Transfer of a number of economic functions to junior medical personnel;

Reorganization of health care institutions in order to reduce managerial staff;

Transfer of part of the functions of health care institutions to outsourcing.

However, unfortunately, not all of these measures provide a real positive effect. Thus, practice shows that outsourcing is an effective means to reduce the cost of remuneration of other personnel. But, as a rule, not an effective means in terms of saving the total costs of the institution is the transfer to outsourcing of a number of functions, such as: feeding patients in hospitals, cleaning, security, etc. in the general case, it leads not to a reduction, but to an increase in costs. Moreover, in relation to other functions transferred for outsourcing, there is no single general principle - everything is determined by the characteristics of the institution, the volume of services transferred, the market prices of performers, etc. It should be added that fulfilling the specified requirement to reduce the cost of administrative and managerial personnel through outsourcing does not amount to special work. But it is necessary to prioritize correctly: regulation of the salary share of administrative and managerial personnel is a narrower (more particular) task than improving the efficiency of the institution as a whole. Failure to comply with the requirement under consideration within a particular institution (by the way, the Presidential Decree does not say that this requirement must be observed in relation to each institution) should not be a reason for repression in relation to the heads of institutions - an analysis of all circumstances is necessary.

But the most important thing is that healthcare institutions differ greatly in terms of equipment, occupied territories, methods of providing certain functions (washing somewhere, Maintenance equipment, Information Support etc. are carried out by the institutions themselves, and somewhere under contracts by third-party organizations (the same outsourcing). Therefore, uniform templates are not allowed.

Yes, the salaries of other staff should be in optimal proportion to the salaries of medical workers. But, paradoxically, with all the shortage of personnel in healthcare, it is often not medical workers that are most in short supply, but other personnel, especially those related to general industry specialties (positions): drivers, laborers, engineers, etc. It is the easiest for them to find work in other organizations, in other industries; it is they who sometimes create the main personnel problem. Moreover, this is usually a hidden, latent shortage - vacant positions for drivers, engineers, etc. often not so much. But since the ambulance will not leave without a driver, etc., institutions are forced to pay extra to these categories, so outwardly everything looks more or less safe. At the same time, in percentage terms, the "withdrawal" for other personnel is often much higher than for medical personnel. All this must also be taken into account when implementing an effective contract.

There are also many questions about the consistency of the provisions of the Order with the norms of not only labor, but also other legislation, with other regulatory acts relating to healthcare. In particular, in accordance with the Decree, "the formation of the staffing of institutions is supposed to be carried out using labor rationing systems, taking into account the need for high-quality provision of state (municipal) services (performance of work)". There is no objection to such an approach. However, a natural question arises: what about the procedures for providing medical care, which provide for the recommended staffing standards? It is necessary to ensure the coherence of the regulatory framework on a number of issues.

Another important issue is the need to clearly define the salary structure. The current system of division into base salary, compensation payments and incentive payments has a number of disadvantages.

In particular, this concerns the guaranteed level of remuneration. Although legally it is the minimum wage, this, of course, does not mean that when fulfilling labor standards, the employee is entitled only to the minimum wage. When fulfilling the labor norm, the employee has the right to a salary in accordance with the accepted system of remuneration at the level established by the results of tariffication. The establishment of a closer dependence of the level of remuneration (at least in terms of incentive payments) on the results of work raises the question of what should be included in the tariff (guaranteed part), and what will the employee receive in the form of additional payment for achieving the established indicators?

The other side of this question: what will be included in the concept of labor standards: only hours worked (with time-based systems) or will the concept of labor norms also include the achievement of a certain minimum level of quality indicators (for example, the volume of medical examination, morbidity rates)? Recall that, in accordance with labor law Failure to comply with labor standards may serve as a basis for lowering the level of wages.

In other words, if incentive payments are made, for example, for exceeding the established level of medical examination, for a decrease (relative to a specific level) of morbidity, etc., will these types of incentive payments be included in the billing or not?

This question is extremely important - after all, a number of other questions depend on it:

What level of wages is included in the tariffs in the CHI system (will incentive payments be included if they are not guaranteed)? At first glance, it would seem that the answer is simple - is that the employee must earn extra money and these payments should not be included in the tariffs? But if these types of incentive payments are not included in the tariffs or the amount of per capita payment, then where will the institution get the funds to pay them if the employee has reached the indicators for which these incentive payments are made? But if these payments are established, it is impossible not to pay them.

What wage level should be used in the calculation of piece rates (in the case of piece rate systems)?

What level of wages should be used when calculating the standards for wages from the cost of services rendered (in the CHI system and in the provision of paid services)?

How to form the planned size of the wage fund (with or without taking into account those types of incentive payments that are not guaranteed)?

All this should be clearly regulated - unresolved issues can become the subject of numerous litigations.

The need to revise the salary structure is connected with something else. In accordance with the Decree, the change in incentive systems will include the abolition of permanent payments that are formally classified as incentives, but do not really motivate employees to perform their work duties efficiently and efficiently, with the possibility of reallocating funds to increase employees' salaries and real incentive payments.

Obviously, first of all it concerns probationers. Indeed, now they relate to incentive payments. But what are they stimulating? Unfortunately, no result. Previously, there was a certain reason to stimulate continuous work in state (municipal) healthcare institutions, but now the situation has changed. If the state is interested in competing in the labor market in order to return part of the medical workers who left for commercial medical organizations to other areas, then it is inappropriate to pay them as they have lost their experience (at the level of novice doctors, etc.). In general, to refuse probationary, obviously, is also not the most the best option. The most logical is to include internships in the salary (now referred to as the base).

It should also be taken into account psychological assessment medical workers of the adopted system of remuneration. If we start from the base salary, as it is now, then the workers consider it as the level of payment provided by the state, considering it beggarly, and everything else, they say, they themselves have earned. Therefore, even when sometimes receiving very decent wages, medical workers often consider their wages (understanding it only the base salary) as offensive.

As you can see, the use of the concept of "base salary" is not a very good solution from a number of positions (part-time jobs are paid much lower than work at the main rate; "harmfulness" is paid only according to the base salary, etc.). One option is to use (as in St. Petersburg) the concept of "base unit", which serves as the basis for the formation of a salary.

It is noteworthy that the regulatory documents relating to an effective contract do not set the task of raising the wages of each individual employee to the established level - we are talking about the regional level. Therefore, the wages of employees holding the same positions, not only within different institutions, but even within the same institution, can vary significantly.

In addition, as part of the implementation of the measures envisaged by the introduction of an effective contract, a significant convergence of the salaries of junior and secondary medical personnel and a decrease in reasonable differentiation are possible.

In general, in the orientation of an effective contract only on incentive payments (which follows from its definition), we see the main risks associated with the implementation of an effective contract. An effective contract cannot be based solely on incentive payments. Otherwise, we drive ourselves into a "Procrustean bed." It is necessary to use all possible potential options for the introduction of incentive pay systems, including the use of piecework pay systems.

Further. In accordance with the Decree, an increase in the wages of employees of the public sector of the economy must be ensured with the possible attraction for this purpose of at least a third of the funds received through the reorganization of inefficient organizations.

Here one can clearly see the policy of the state to optimize the network of state (municipal) healthcare institutions, which can only be welcomed. However, our country has always been characterized by excesses. There are risks of their manifestation even now. Already sometimes one hears the statements of the regional authorities that a third of all the funds needed to raise wages should be provided by reorganizing the institutions themselves, reducing the number of employees. But this is a clear distortion of the phrase of the Presidential Decree. The Decree of the President says that at least a third of the possible savings obtained through the reorganization of inefficient institutions should go to wage increases. And precisely inefficient institutions. Therefore, in order to avoid such excesses, the following is necessary.

Serious work is needed to substantiate the expediency of reorganization. First of all, it will be necessary to develop clear criteria for the concept of "inefficient organization". Moreover, with the obligatory consideration of economic indicators. Paradoxically, at the present time there are no such criteria in healthcare at the federal level (in most cases, there are none at the regional level). More precisely, there are only criteria that serve as the basis for stimulating the heads of institutions, but not for making management decisions on changing the head, reorganizing institutions, etc.

Of course, in some cases, the association can reduce irrational administrative and economic costs. But will this alone increase the effectiveness of the activities of the affiliated institution, will it improve the quality of medical care provided? To what extent will this be a real source of funds for wage increases? Wouldn't the process of mere mechanical merging of two or more health care institutions be more likely to backfire? All such questions must be answered before the reorganization process begins.

The Order states that the basis for increasing the stimulating role of wages will be the construction of end-to-end sectoral systems of indicators for assessing the effectiveness of institutions in the provision of state (municipal) services (performance of work) according to the principle "Russian Federation - subject of the Russian Federation - institution - employee".

In principle, the idea is correct, but, unfortunately, it is not always implemented in practice. Thus, the state is interested in reducing the volume of inpatient care. But this does not mean that the hospital workers themselves need to be stimulated for reducing the volume of inpatient care provided. And the salaries of specialists in diagnostic services, workers involved in medical examinations, etc. cannot be tied to morbidity rates. - detection rates will immediately drop sharply. Therefore, adhering to the cross-cutting principle as a whole, it is necessary to stimulate work taking into account the characteristics of a particular position, a particular employee.

Experts point out that for the successful transition of the public sector to an "effective contract" the main problems have not been resolved: what is considered the result of labor, how to measure the result, by what parameters, etc. “It is desirable to measure the result of work in order to know whether this or that institution, this or that employee works well. It is difficult to do this, but it is possible ... This is a complex problem that requires painstaking work. As always, we strive to solve everything with a fast-paced campaign. There is a great danger here, which can lead to discrediting the idea of an effective contract, which makes sense," Pavel Kudyukin*(4) believes.

Let's point out another serious risk. There is no guarantee that wage increases will not come at the expense of reduced spending on medicines, equipment, repairs, and so on. Even now, often the financial authorities of the constituent entities of the Russian Federation, pointing to the equipment purchased under modernization programs and the prospects for wage increases, make it clear that it is not planned to allocate any significant funds for equipment and repairs in the near future.

Thus, the implementation of an effective contract involves the solution of many problems, some of which have not yet manifested themselves. These decisions must be balanced and justified.

IN AND. Starodubov,

F.N. Kadyrov,

FGBU "Central Research Institute of Organization and Informatization of the Ministry of Health of the Russian Federation",

Moscow, Russia

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*(1) See p. 66 of the Health Manager magazine, N 2, 2013, heading "Health Manager consults" - editor-in-chief N.G. Kurakov.

*(3) Annex No. 4 to the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018 (Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r "On approval of the Program for the gradual improvement of the wage system in state ( municipal) institutions for 2012-2018").

*(4) Effective state employee. http://www.vz.ru/economy/2012/7/11/588045.html.

The transition to an effective contract raised many questions from the heads of budgetary institutions. Let's consider the most relevant.

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

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

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

What is an effective contract?

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

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

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

Methodological basis for the development of an effective contract

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

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

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

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

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

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in the average salary of state employees is associated with the efficiency and quality of services
Pay Improvement Program	An approximate form of an employment contract (effective contract) with an employee of a state institution has been approved (Appendix 3).
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the government of the Russian Federation (for example, Decree of the Government of the Russian Federation No. 722 -R)	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated April 23, 2013 No. 32-rp).	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality

Guidelines for the development by public authorities of the constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for evaluating the effectiveness of employees specific social sphere developed at the regional level*	Manual for the development of criteria for institutions of the constituent entities of the Russian Federation and municipalities
	A guide to developing criteria for evaluating the performance of managers budget organizations subjects of the Russian Federation and municipalities

* For example, the Criteria for evaluating the performance of employees of municipal cultural institutions, approved by the Administration of the rural settlement of the Annovsky village council of the Belebeevsky district of the Republic of Bashkorstan by Decree No. 69 of December 23, 2013.

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

How to conclude an effective contract?

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

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

Types of effective contracts

How to develop an employment contract - an effective contract?

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

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

How to make an existing employment contract an effective contract?

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

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

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

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

What terms of the employment contract are subject to change

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

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

** Corresponding clause of the employment contract.

*** Corresponding clause of an effective contract.

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

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

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

What to include in an effective contract?

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

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

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

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

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

labor function(work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a specific type of work assigned to the employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to 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 event that it was concluded , its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
pay conditions(including size tariff rate or employee salary, bonuses, allowances and incentive payments). It is recommended 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);
working hours and rest time (if for a given employee of the institution it differs from the regime of working time, rest time general rules operating in the institution);
compensation per hard work and work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, nature of work(mobile, traveling, on the road, other nature of work);
working conditions at work;
mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

The employment contract or supplementary agreement may contain additional terms specifying the rights and obligations of the parties to the employment contract. However, these conditions should not worsen the position of the employee in comparison with the conditions established by the legislation 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.

The sequence of actions when introducing an effective contract

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

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

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

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

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

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

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

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

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

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

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

Order of the Ministry of Labor of the Russian Federation of 01.07.2013 No. 287 “On methodological recommendations for the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate state (municipal) institutions of social services for the population, their managers and employees by types of institutions and main categories of workers”.

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

For example, when concluding an employment contract with an employee who is a foreign citizen or stateless person (Article 327.2 of the Labor Code of the Russian Federation), with athletes, with coaches (348.2 of the Labor Code of the Russian Federation), a civil servant (clause 3 of Article 24 of the Federal Law of July 27, 2004 No. 79-FZ "On the state civil service RF").

“METHODOLOGICAL MANUAL “Introduction of an “effective contract” in state (municipal) healthcare institutions” Approved by the decision of the Presidium of the Central Committee of the trade union of workers ...”

-- [ Page 1 ] --

PROFESSIONAL UNION OF HEALTH WORKERS OF THE RUSSIAN FEDERATION

TOOLKIT

"Introduction of an "effective contract"

in state (municipal)

healthcare institutions"

Approved by the decision of the Presidium of the Central Committee of the trade union

healthcare workers of the Russian Federation

The material was prepared by the legal department

and social protection Office of the Trade Union Moscow Appendix No. 1 to the Resolution of the Presidium of the Central Committee of the Trade Union of May 13, 2014 No. 18-12 Methodological guide "Introduction of an "effective contract"

in state (municipal) healthcare institutions"

Ideological rationale for the introduction of an "effective contract"

Budget message of the President of the Russian Federation dated June 29, 2011 on budget policy in 2012-2014 Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures to implement state social policy”

Budget message of the President of the Russian Federation dated June 28, 2012 on budget policy in 2013-2015;

List of instructions of the President of the Russian Federation dated July 27, 2012 following the results of the meeting on the implementation of presidential decrees in the field of social policy Decree of the Government of the Russian Federation dated November 26, 2012 No. 2190-r Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018 Uniform recommendations dated December 25, 2013 on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2014 Order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r "On approval of the action plan ("road map") "Changes in sectors of the social sphere aimed at improving the efficiency of healthcare" The term "effective contract" was first used in an election article by V.V. Putin in 2012 "Building Justice, Social Policy for Russia". Further, in the Decree of the President of the Russian Federation dated May 7, 2012 No. 597 "On measures for the implementation of state social policy" and in the Budget message of the President of the Russian Federation dated June 28, 2012 "On budget policy in 2013-2015" in order to conservation human resources, increasing the prestige and attractiveness of professions in the public sector of the economy, the Government of the Russian Federation was instructed to develop a program for the gradual improvement of the remuneration system for workers in the public sector of the economy, conditional on the increase in wages to achieve specific indicators of the quality and quantity of services provided.

Implementation of the priority national project "Health" (in terms of additional payments);

Implementation of Federal Law No. 83-FZ (expansion of the rights of institutions, new requirements for an employment contract with the head of a budgetary institution);

Implementation of regional modernization programs (in terms of introducing standards and additional remuneration for improving the availability and quality of medical care).

In the Order of the Government of the Russian Federation dated December 28, 2012 No.

No. 2599-r “On approval of the action plan (“road map”) “Changes in the sectors of the social sphere aimed at improving the efficiency of health care”, it is stipulated that the purpose of the “road map” in the sectors of the social sphere is to improve the quality of medical care based on increasing the efficiency of activities medical organizations and their employees, and it is designed to ensure the establishment of mechanisms for the dependence of the level of remuneration of workers on the quantity and quality of the provision of free medical services to the population.

The document notes that in order to establish effective mechanisms for the dependence of the level of remuneration of employees of medical organizations on the volume and quality of medical services provided (ensuring the provision of medical services), it is necessary to transfer medical workers to an effective contract.

The Budget Address of the President of the Russian Federation for 2013-2015 states that "... The use of an "effective contract" is also designed to increase the competitiveness of the state as an employer in regional labor markets and the comparability of labor costs in the state, municipal and private sectors of the economy."

Thus, an effective contract is designed to ensure that the increase in the wages of workers matches the improvement in the quality of their services. public services(performance of work).

The conceptual basis of an effective contract is the activity of a medical organization in the form of a set of all processes that are subject to analysis and continuous improvement to ensure the quality of medical services. An effective contract will provide an opportunity to reward employees who have achieved the best performance.

What goals and objectives were set in the Program for the gradual improvement of wage systems in state (municipal) institutions, approved by the Decree of the Government of the Russian Federation of November 26, 2012 No.

No. 2190-r "On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018"?

The main objectives of the Program are:

maintaining human resources;

increasing the prestige and attractiveness of working in a medical organization;

ensuring the compliance of the remuneration of employees with the quality of their provision of state (municipal) services (performance of work).

What is needed to achieve these goals:

to improve the systems of remuneration of employees focused on achieving specific indicators of the quality and quantity of services provided;

create a transparent mechanism for remuneration of heads of medical organizations;

develop the personnel potential of employees;

create organizational and legal conditions for achieving the target indicators of the level of average wages of certain categories of employees, determined by Decrees of the President of the Russian Federation of May 7, 2012 No. 597 and June 1, 2012 No. 761.

An effective doctor can become a hostage to ineffective management!

Therefore, an efficient contract can only be implemented in an "efficiently managed institution".

For effective management In an institution, a team should work - a group of people that performs a specific task and in which the result of the efforts of team members is manifested, which is always greater than the result of the work of a single employee.

"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 N 597 "On measures for the implementation of state social policy", dated June 1, 2012 N 761 "On the National Strategy for Action in the Interests of Children for 2012 - 2017" and dated December 28, 2012 N 1688 "On some measures to implement state 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 N 2190r ":

4. On the application of an approximate form of an employment contract with employees.

When switching to an "effective contract", each employee should specify and specify his labor function, indicators and criteria for evaluating performance, set the amount of remuneration, as well as the amount of incentives for achieving collective labor results.

The competence and leadership of the entire management team of the institution is decisive in the development of an effective contract, allowing through its implementation to achieve certain benefits to all interested parties. Particular importance is given to the role and competence of the head of a medical organization.

A deep mistake is the opinion of leaders that a team can be appointed and only observe its actions.

The transfer of employees to an effective contract will require the management team to first think over the implementation of structural changes in the divisions of medical organizations. For these purposes, it is necessary to bring the staff list in accordance with the approved nomenclature of specialties.

The management should create a system of incentives for employees for active and effective participation in the provision of quality medical services to the population.

But even for the head of the state (budget, state, autonomous) medical organization, there are incentive payments related to the achievement of the values of the indicators provided for by the employment contract, one of which is to ensure the achievement of the annual values established by the institution of the ratio of the average wages of certain categories of employees of the institution with the average wages in the relevant subject of the Russian Federation, specified in the additional agreement, which is an integral part of the employment contract (Decree of the Government of the Russian Federation of 12.04.2013 N 329).

From 01.01.2013 the maximum level of the ratio of the average wages of managers and employees federal institutions should be established by the federal state body exercising the functions and powers of the founder of the relevant institutions, in a multiple of 1 to 8.

At the same time, the specified limit level may be increased by decision of the federal state body - the main manager of funds. federal budget in charge of the institution, in relation to the head of the institution included in the relevant List approved by the Government of the Russian Federation (Regulations on the establishment of wage systems for employees of federal budgetary and state institutions, approved by Decree of the Government of the Russian Federation of 08.05.2008 No. 583 with subsequent additions and changes; in the constituent entities of the Russian Federation - clause 25 of the Uniform Recommendations of December 25, 2013 on the establishment of wage systems for employees of state and municipal institutions at the federal, regional and local levels for 2014).

– – –

________________________________________________________________________, (name of the institution in accordance with the charter) represented by ___________________________________________________________________, (position, full name) acting on the basis of ________________________________________________

(charter, power of attorney) __________________________________________________, hereinafter referred to as the employer, on the one hand, and ____________________________________________, (full name) hereinafter referred to as the employee, on the other hand (hereinafter referred to as the parties), have concluded this employment contract on the following :

I. General provisions

1. Under this employment contract, the employer provides the employee with work on _______________________________________________________

(name of position, profession or __________________________________________________________________________, specialty 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 under the 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 by a specific branch, representative office or other separate structural unit of the employer, indicating its location)

3. The employee works in the structural unit of the employer _____________________________________________________________.

(name of a non-isolated department, department, site, laboratory, workshop, etc.)

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

(main, part-time)

5. This employment contract is concluded for: _________________________

__________________________________________________________________________.

(not certain period, a certain period (indicate the duration), for the time of performing a certain work, indicating the reason (grounds) for concluding a fixed-term employment contract in accordance with Article 59 Labor Code Russian Federation)

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

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

8. The employee is set a trial period of _______ months (weeks, days) in order to verify the employee's compliance with the assigned work.

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) faithfully carry out their labor obligations 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, requirements for labor protection and ensuring labor safety;

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) to pay full size wages due to the employee in a timely manner;

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 that are directly related to his labor activity;

g) perform other duties stipulated by the labor legislation and other regulatory legal acts containing the norms labor law, 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:

Name Conditions Indicators Periodicity Amount of payment of payment of receipt and criteria for payment of performance evaluation

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 employee is set the following features operating mode (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 secrets protected by law (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-fulfillment or improper fulfillment by an employee through his fault of the labor duties assigned to him, the employee may be subject to disciplinary action provided for by the Labor Code of the Russian Federation.

IX. Change and termination of the employment contract

29. Amendments can be made to this employment contract: by agreement of the parties, when changing the legislation of the Russian Federation in the part affecting 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 about this in writing no later than 2 months (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 commission on labor disputes and (or) by the court in the manner prescribed 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.

– – –

The employee received one copy of this employment contract __________________________________________

(date and signature of the employee) Commenting on the term "effective contract", it is worth noting that in the labor legislation there is no concept of an effective contract, and there is also no concept of "contract". Consequently, all changes in relations with employees occur within the framework of those provisions that are enshrined in the Labor Code of the Russian Federation, and exceptions are the provisions of the Labor Code of the Russian Federation, which establish new grounds for terminating an employment contract with the head of the institution and his deputies (clause 7.1 of part 1 of article 81 of the Labor Code). Code of the Russian Federation).

Thus, we can conclude that an effective contract is the same labor contract, only containing the specification of its individual norms.

Article 56 of the Labor Code of the Russian Federation establishes that an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement , agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations applicable to this employer.

The current labor legislation in article 57 of the Labor Code of the Russian Federation established the content and conditions of the employment contract, which should contain the following information (part 1 of article 57 of the Labor Code of the Russian Federation):

Surname, name, patronymic of the employee;

The name of the employer;

Information about the documents proving the identity of the employee;

Taxpayer identification number;

Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is vested with the appropriate authority;

Place and date of conclusion of the contract.

The conditions that are included in the employment contract are divided into mandatory and additional.

The following conditions are mandatory for inclusion in the contract (part 2 of article 57 of the Labor Code of the Russian Federation):

1) the place of work (name of the organization), and in case the employee is admitted to a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating this subdivision and its location.

2) labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications;

particular type of work assigned).

In accordance with the order of the Ministry of Labor of Russia dated November 30, 2012 No. 565 in the healthcare sector, professional standards for medical workers should be developed and approved, the main elements of which should be included in the employment contract;

3) the date of commencement of work, and when concluding a fixed-term employment contract, also the term of its validity and the circumstances (reasons) that served as the basis for concluding this contract. In this case, the period can be determined both by a specific date and by the occurrence of an event;

4) conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

5) the mode of working time and rest time (if for a given employee it differs from general rules operating with the employer);

6) compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired for such work, indicating the characteristics of working conditions at the workplace;

7) conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

8) a condition on compulsory social insurance of an employee;

9) other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

The drafting and signing of an “effective contract” (additional agreement) must take place in accordance with the labor legislation of the Russian Federation.

From the Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r:

A change in the procedure for remuneration is a change in the conditions determined by the parties to the employment contract, and is carried out in accordance with the legislation of the Russian Federation.

So, the algorithm for implementing an effective contract in relation to a particular medical organization is as follows.

1. Issuance of an order by the head of the organization on the implementation of an effective contract in the organization.

Approaches to the choice of criteria for the incentive part of wages The remuneration system for employees of institutions should ensure:

Differentiation of wages for workers performing work of varying complexity;

Establishing wages depending on the quality of state (municipal) services (works performed) and efficiency;

Activities of employees according to specified criteria and indicators.

The procedure for establishing certain types of incentive payments may be prescribed in the employment contract itself, and for other incentive payments, references to the relevant provisions on remuneration may be made in the employment contract.

From Article 135 of the Labor Code:

The terms of remuneration determined by an employment contract cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

Regulations on the remuneration of healthcare institutions, as a rule, provide for the following incentive and compensation payments:

For the intensity and high results of work:

bonus for labor intensity;

bonus for high performance;

bonus for the performance of particularly important and responsible work;

For the quality of work performed:

allowance for the presence of a qualification category;

premium for exemplary performance of the state (municipal) task;

While working:

seniority bonus;

allowance for continuous work experience;

Performance-based bonuses for:

Employees 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;

coefficient for work in desert and waterless areas;

coefficient for work in high-altitude district;

allowance for work experience in the regions of the Far North and equivalent areas;

For work in conditions deviating from normal:

additional payment for combining professions (positions);

surcharge for expanding service areas;

additional payment for an increase in the volume of work;

additional payment for the performance of the duties of a temporarily absent employee without release from work specified in the employment contract;

additional payment for the performance of work of various qualifications;

extra pay for night work.

Remuneration systems, labor contracts and additional agreements to labor contracts may provide for other compensation and incentive payments in accordance with labor legislation, other regulatory legal acts containing labor law norms, as well as collective agreements and agreements.

The amount of incentive payments should be established by the local act on the organization in agreement with the elected trade union body based on the presentation of the heads of structural divisions.

From the Order of the Ministry of Labor of Russia dated April 26, 2013 N 167n "On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract":

P.5. It is recommended to conclude an additional agreement to the employment contract as indicators and criteria for evaluating the effectiveness of the work of employees of the institution are developed to determine the size and conditions for the implementation of incentive payments.

Among the criteria for evaluating the result of the work of structural units and employees, the criteria for the incentive part of wages may be provided:

Fulfillment of production norms, loads

Patient satisfaction with treatment outcomes

No complaints

No complaints during the quality examination (internal and external)

Implementation of labor discipline

Completeness of performance of official duties

Others (here it is advisable to provide for an additional payment at the expense of the employer to non-released chairmen primary organizations Trade Union for fulfilling their additional social burden).

How to make the transition to an effective contract?

Is it possible to terminate an employment contract with an employee and conclude a new one?

It is necessary to amend the existing employment contract.

How? - Draw up an additional agreement to the current employment contract in two ways:

Amend the employment contract by agreement of the parties (Article 72 of the Labor Code) What are the grounds for amending the employment contract?

Article 72 of the Labor Code establishes: “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, with the exception of cases provided for by the Labor Code.

An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Amend the employment contract unilaterally at the initiative of the employer (Article 74 of the Labor Code of the Russian Federation) introduction of an effective contract”:

“... In accordance with the second part 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 months in advance, unless otherwise stipulated by the Labor Code of the Russian Federation”.

From Article 74 of the Labor Code “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions”:

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing about upcoming changes in the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

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 the first part of Article 77 of the Labor Code of the Russian Federation

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements. payment of a severance pay in an increased amount, on non-disclosure of legally protected secrets, etc.

The absence of any of the mandatory conditions in the contract does not lead to its recognition as not concluded and is not a basis for its termination.

In this case, the employment contract must be supplemented. In this case, the missing information is entered directly into the text of both copies of the contract and certified by the signatures of the parties and the seal of the employer.

The missing conditions are established by a separate agreement of the parties, which is concluded in writing and is an integral part of the employment contract. If the absence of mandatory conditions in the employment contract is found during verification, then executive who conducts the inspection, will require the elimination of violations. If this requirement is not met within the prescribed period, the organization may be held administratively liable (Article 19.5 of the Code of Administrative Offenses of the Russian Federation).

The refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code) may lead to termination of the employment contract.

Part 1 of Article 77 of the Labor Code " General grounds termination of the employment contract

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code).

In this way,

An employment contract will be concluded with a newly hired employee that meets the requirements of an effective contract,

Additional agreements to labor contracts must be concluded with the rest of the employees.

In practice, you will need:

OR proofread previous versions of employment contracts, add phrases like:

“Point No. ... to be supplemented with the phrase ...”

OR use a phrase like this:

“Outline the text of the employment contract with ... (name of the employee) in the following wording: ...”

Annex No. 2 to the Resolution of the Presidium of the Central Committee of the Trade Union of May 13, 2014 No. 18-12

– – –

Conclusion of contracts with heads of state (municipal) institutions Amendments to collective agreements Amendments to the regulation on remuneration Familiarization of employees with changes in the employment contract Conclusion of contracts/additional agreements to the labor contract with employees of state (municipal) institutions

Organizational prerequisites for the transition to an effective contract:

– – –

In Order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r “On approval of the action plan (“road map”) “Changes in social sectors aimed at improving the efficiency of healthcare”

it is stipulated that the purpose of the "road map" in the sectors of the social sphere is to improve the quality of medical care based on improving the efficiency of medical organizations and their employees, and it is designed to ensure the establishment of mechanisms for the dependence of the level of remuneration of workers on the quantity and quality of providing free medical services to the population.

The social effectiveness of the implementation of the "road map" is the establishment of effective mechanisms for assessing the activities of medical workers and the compliance of the level of remuneration with the quality of work.

– – –

As a result, the purpose of the "road map" is to attract qualified specialists to state and municipal medical organizations and eliminate the outflow medical personnel to private medical organizations, creating conditions that allow medical workers of state and municipal medical organizations to receive a competitive level of wages.

Thus, an effective contract is designed to ensure that the increase in the wages of workers is in line with the improvement in the quality of their public services (performance of work)

– – –

For the effective management of an institution, a team must work - a group of people that performs a specific task and in which the result of the efforts of the team members is manifested, which is always greater than the result of the work of a single employee.

– – –

At the same time, the specified limit level may be increased by decision of the federal state body - the main manager of federal budget funds, which is in charge of the institution, in relation to the head of the institution included in the relevant List approved by the Government of the Russian Federation (Regulations on the establishment of wage systems for employees of federal budgetary and state-owned institutions, approved by Decree of the Government of the Russian Federation dated 05.08.2008 No. 583 with subsequent additions and changes; in the constituent entities of the Russian Federation - paragraph 25 of the Uniform recommendations dated 12.25.2013 on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2014).

What is an "effective contract"?

– – –

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

– – –

detailed specification, taking into account industry specifics, in labor contracts of the job responsibilities of employees, indicators and criteria for evaluating labor, wage conditions "Effective contract"

This is an employment contract with an employee, which specifies:

– – –

indicators and criteria for evaluating the effectiveness of activities for assigning incentive payments depending on the results of work and the quality of state (municipal) services provided social support measures work for the employee according to the stipulated labor function, ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes personally perform the labor function determined by this agreement, comply with the internal labor regulations applicable to this employer.

name of the employer

– – –

Based on the definition given in Part 2 of Art. 57 of the Labor Code of the Russian Federation, the concept of "labor function" includes work by position in accordance with the staffing table, profession, specialty, indicating qualifications, as well as the specific type of work assigned to the employee. It follows that the labor function is a list of certain operations that the employee is obliged to perform on behalf of the employer. These operations are defined in accordance with the position of the employee for which he was hired.

The following conditions are mandatory for entering into the contract (continued)

– – –

In accordance with the order of the Ministry of Labor of Russia dated November 30, 2012 No. 565, professional standards for medical workers should be developed and approved in the healthcare sector, the main elements of which should be included in the employment contract. The algorithm for implementing an effective contract in relation to a particular medical organization is as follows

– – –

2. Creation of a commission or a working group to organize work related to the introduction of an effective contract. The working group should include representatives of workers represented by the primary trade union organization.

3. Development, on the basis of performance indicators approved by the executive state authorities or local self-government bodies, indicators of the performance of employees of this particular organization, taking into account its specifics.

4. Introducing amendments and additions to the Regulations on the remuneration of employees of the organization in terms of clarifying the indicators and criteria for evaluating the effectiveness of activities for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided. At the same time, we recommend avoiding phrases like “reducing incentive payments” - instead of reducing payments, it is better to use the mechanism for proportional calculation of certain types of payments for each of the grounds.

When introducing a new procedure for remuneration, it is necessary to focus not on “penalties”, but on incentive payments as a motivation for work.

5. Preparation of additional agreements to labor contracts, introduction of amendments to labor contracts with employees of the organization.

6. Notifying employees in writing about changes in the employment contract.

7. Correction of job descriptions of employees in terms of new labor functions, as well as bringing them to the attention of employees against receipt.

Approaches to the choice of criteria for the incentive part of wages - the system of remuneration of employees of institutions should provide:

– – –

activities of employees according to specified criteria and indicators The procedure for establishing certain types of incentive payments may be prescribed in the employment contract itself, and for other incentive payments in the employment contract, references to the relevant provisions on remuneration may be made.

The same may apply to social support measures.

– – –

Payroll systems (including tariff systems wages) of employees of state and municipal institutions are established:

collective agreements, agreements, local regulations in accordance with the laws and other regulatory legal acts of the Russian Federation.

Regulations on the remuneration of health care institutions, as a rule, provide for the following incentive and compensation payments:

– – –

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Over the past five years, the state has taken a number of measures to increase the motivation of medical workers and the prestige of the profession. One of the ways to achieve these goals was the reconstruction of the wage system and the introduction of an effective contract in the public sector. In this article, you will learn all the nuances of the new wage system, as well as find an example of an effective contract in healthcare.

Criteria for an effective contract in healthcare

The term "effective contract" appeared five years ago, after the Government of the Russian Federation adopted the Program for Improving the Remuneration System in Budgetary Institutions (Decree No. 2190-r dated November 26, 2012). In accordance with this document, employers in the public sector of the economy, including the healthcare sector, are required to conclude effective contracts with all employees until 2019.

In fact, this is a standard employment contract, which regulates the issues of cash payments in more detail, namely:

the labor functions of the employee are specified;
clarified the terms of remuneration;
performance indicators are fixed;
the procedure for obtaining incentive payments and compensations is described in detail;
measures of social support are prescribed.

At the same time, when concluding an effective contract with an employee of a medical institution, it is necessary to indicate his position (for specialists, employees and managers).

For some positions, you additionally need to specify:

speciality. So, for a specialist doctor, this is the direction in which he has been trained and directly practices (for example, a gynecologist);
chapter medical activities. This applies, first of all, to the deputy chief physicians (for example, the deputy chief physician for clinical and expert work);
the name of the medical position according to the profile. This category includes heads of departments of the hospital (for example, the head of the surgical department - a surgeon);
job title with specialization. For example, a doctor in the emergency department is a general practitioner.

It should be noted that the concept of an effective contract implies not only labor contract, but also a set of measures aimed at improving the quality and accessibility of medical services. Work should become more efficient, and employees should be motivated to achieve maximum professional results. For this, conditions on special incentive payments are introduced into the employment contract. At the same time, such payments are made only when the employee reaches the indicators stipulated by the contract.

How is the transition to an effective contract

Employees who get a job in a medical facility for the first time sign a contract in a new form. And with employees who are already in an employment relationship, additional agreements must be signed, which will contain all the innovations that are characteristic of effective contracts.

At the same time, amendments to the contract must be made in accordance with the procedure established by article 74 of the Labor Code of the Russian Federation. This rule provides that a change in the conditions of remuneration associated with organizational innovations can be carried out by the employer unilaterally. However, at the same time, it is necessary to notify the employee about the upcoming changes at least two months before they are introduced.

If the employee refuses to work under the new conditions, then the employment relationship with him can be terminated in the manner provided for in clause 7 Art. 77 Labor Code of the Russian Federation.

Normative base

Decree of the President of the Russian Federation of May 7, 2012 No. 598 “On improving the state policy in the field of healthcare”;
Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which contains the Program for Improving the Remuneration System in Budgetary Institutions;
Order of the Ministry of Health of the Russian Federation No. 421 dated June 28, 2013 (criteria and indicators effective work employees of medical institutions);
Decree of the Government of the Russian Federation of December 28, 2012 No. 2599-r (Plan of measures aimed at improving the efficiency of healthcare);
The state program of the Russian Federation "Health Development", approved by the Decree of the Government of the Russian Federation of April 15, 2014 No. 294.
.

An effective contract in healthcare: performance evaluation criteria

The amount and conditions for establishing incentive payments for employees should be determined taking into account the indicators and criteria for evaluating the effectiveness of their work, developed in the institution. Such criteria should be enshrined in collective and labor contracts, agreements, local acts (for example, in the Regulation on wages, the Regulation on incentive payments).

So, what criteria for a high level of work can be enshrined in local acts? For example, an assessment of how effective a doctor's work can be considered is often done through the absence of:

state of emergency, deaths and medical errors
justified claims to the quality of medical care provided;
errors in the preparation of documentation;
violations of the rules of document circulation and reporting, the implementation of orders of the administration;
comments on the performance of official duties and the corresponding instructions.

For paramedical personnel, such indicators may be the absence of:

violations of the rules for obtaining, recording and storing medicines;
emergency in the department;
complaints when performing medical appointments, caring for patients and preparing them for tests;
violations in the organization of proper monitoring of patients.

In addition, indicators such as the number of physical examinations, vaccinations, patient questionnaires and feedback received as performance criteria can be established as performance criteria, and for pediatricians, the level of breastfeeding.

Compensatory and incentive payments

The monetary allowance of employees of medical institutions consists of an official salary, incentive and compensation payments, as well as bonuses (if such a practice is established by local acts). The amount of compensation is set as a percentage of salaries, wage rates or in absolute terms. They cannot be lower than the sizes established by labor legislation, and are appointed for:

work with difficult, harmful or dangerous working conditions;
work in areas with special climatic conditions (desert, waterless areas, high mountain regions, regions of the Far North);
combination of positions;
increase in the volume of work;
fulfillment of duties of an absent colleague (without release from his work);
work at night;
work with information constituting a state secret;
other compensation payments provided for by law or a collective agreement.

As for incentive payments, in accordance with the Letter of the Ministry of Health of Russia dated September 4, 2014 No. 16-3/10/2-6752, which provides guidance on improving the system of remuneration of medical workers, these include:

Payments for intensity and high performance.
Payments for the quality of medical services provided (surcharge for the presence of a qualification category; bonus for the performance of a particularly important state or municipal task.
Payments for work experience, length of service.
Performance Awards:
- per month;
- for the quarter;
- in a year.

Please note that the conditions for the provision of these payments should be individualized and prescribed in relation to a particular employee and his type of activity.

Action algorithm

Making the transition to an effective contract in a healthcare institution, the employer must go through the following steps:

Responsible employees - to study the regulatory framework.
The heads of the medical organizations authorized to adopt legal acts in the field of health care - to develop performance indicators for subordinate organizations.
Health care institutions, guided by the current legislation, should develop their own performance criteria and amend the Regulation on remuneration.
The department responsible for formalizing labor relations is to develop a form of effective contracts and additional agreements, focusing on Appendix No. 3 to Program No. 2190-r.
Employer - notify staff of upcoming changes 2 months in advance (if the employee refuses to work under the new conditions, the employer will have to offer this employee other available vacancies, in case of refusal, dismissal will follow in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation).

At the end of the procedure, additional agreements are concluded with employees.

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 (“The Program for the Phased Improvement of the Remuneration System in State (Municipal) Institutions”, approved by Decree of the Government of the Russian Federation No. 2190-r). Employers in the public sector of the economy are required to apply effective contracts.

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: the official duties of the 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 budgetary institutions retain their previously applied incentive payments, which 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 completely switches to new system wages, 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

An effective contract with teaching staff 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.

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 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:

Regulations on the 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;
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:

Internal labor regulations,
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 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 additional projects. These are excursion and expedition programs, group and individual educational projects of 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 of wages, additional payments, 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. volume additional work, which 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 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 evaluating the effectiveness of an employee's performance for incentive payments (indicators depend on the results of work and the quality of services); measures of social support for the employee.

Effective contracts with employees

The transition to an effective contract raised many questions among the heads of budgetary institutions. Let's consider the most relevant.

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 performance 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 for the 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 clause 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 in subordinate budgetary institutions, 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 exemplary programs of 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:

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in the average salary of state employees is associated with the efficiency and quality of services
Pay Improvement Program	An approximate form of an employment contract (effective contract) with an employee of a state institution has been approved.
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the government of the Russian Federation (for example, Decree of the Government of the Russian Federation No. 722 -R)	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg No. 32-rp).	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality

Guidelines for the development by public authorities of the constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for evaluating the effectiveness of employees certain social sphere, developed at the regional level	Manual for the development of criteria for institutions of the constituent entities of the Russian Federation and municipalities
	Manual for the development of criteria for evaluating the effectiveness of the activities of heads of budgetary organizations of constituent entities of the Russian Federation and municipalities

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.

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.

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

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

Labor function(work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a specific type of work assigned to the employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the event that 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 employee in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, the collective agreement, agreements, local regulations, in particular, the conditions for specifying the place of work (indicating the structural unit and its location), for testing .

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 "Assessing the effectiveness of the institution's activities" for the submission of regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze 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 the remuneration of an employee, taking into account the opinion of the trade union committee of the primary trade union organization.
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

First of all, you should conduct explanatory work with all employees in order to specify the concept of an effective contract in the social sphere and talk about the goals of introducing such an agreement with employees.

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. 167n “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” 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 your employees' concerns about terminating an old employment contract, an effective social service contract is not a new type of legal relationship. 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

RF Government Decree No. 2190-r approved a program to improve the wage system in state (municipal) institutions. It provides for the transition to an effective contract with teachers, i.e. an employment contract that specifies job responsibilities, wage conditions, indicators and criteria for evaluating performance, as well as social support measures.

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.

The system of payment (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 introduction of proven models of an effective contract in the system of vocational training and secondary vocational education and on stimulating the heads of educational organizations (that is, with teachers). They contain a list of performance indicators for teachers and masters industrial training professional educational organizations, as well as a list of performance indicators for the 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 a timeframe for their entry into force has been 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

To increase interest in improving the quality of training of children in preschool municipal institutions, the Government of the Russian Federation, in accordance with Decree of the President of Russia No. 597, has developed a program that allows gradually, in several stages, to improve the system of remuneration of teachers, which is entering the home stretch.

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 the final 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. Defines the main indicators by which the effectiveness of its labor activity;
3. Correlate the amount of incentive payments in addition to the guaranteed salary, depending on the indicators.

Main legal aspects transition to an effective contract in a preschool educational institution:

1. First of all, you need to develop specific indicators for the possibility objective evaluation labor efficiency both for concluding an effective contract directly with the teachers of the preschool institution, and with the attendants.
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 the trade union body of the institution.
3. It is necessary to hold a meeting of the staff, the agenda of which should be to clarify 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 must 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 the tariff scale.

An important feature of its application is the definition of responsibilities for each specialty and the established criteria for assessing labor efficiency.

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 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

To date, at the federal level, a regulatory framework has been formed for the implementation of the Program for the gradual improvement of the remuneration system in state (municipal) organizations, approved by Decree of the Government of the Russian Federation N 2190-r (hereinafter - Program N 2190-r), and a gradual transition to a new payment system is beginning. labor, taking into account the quality indicators of work, designed to help increase the wages of workers. One of the measures to achieve the set goals is the introduction of an effective contract in organizations. In the article we will tell you what documents should be guided by and what actions should be taken in connection with the transition to an effective contract of a cultural institution.

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.

Order of the Ministry of Culture of the Russian Federation N 920 approved Methodological recommendations 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 - 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 on these documents, many of which are advisory in nature, the constituent entities 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 remuneration system, 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;
- indicators of the fulfillment of the state task for 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 qualification level employees (for half a year, year);
- occupancy rate of the regular number of personnel during the year (month);
- change in expenses for staff development (per year);
- use in the work of cultural institutions modern technologies work (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 criteria for evaluating performance 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 it should be given the condition of wages. 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 of 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 social support measures, and in cases provided for by labor legislation and other regulations, other conditions (for example, the specifics of establishing study load teachers of educational institutions of higher and additional professional education, calculation of salaries of teachers, other pedagogical workers, taking into account the established volume of teaching load).

An employment contract or an additional agreement to it may also provide for additional conditions that specify 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) assignment);
- 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 (regional coefficient, coefficients for work in desert and waterless areas, in high mountainous regions, bonuses 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 a standard form of an employment contract and an additional agreement, taking into account 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

Order of the Government of the Russian Federation N 2190-r approved the Program, which provides for the improvement of the system of remuneration of employees of state institutions and calculated (hereinafter - the Program). In accordance with the Program, effective contracts with employees began to be introduced in many areas, including education, health care, and culture. The basis for innovations in the organization is the order to switch to an effective contract, a sample of which will be given in this article.

The regulatory framework for the implementation of the transition includes:

A program that contains, among other things, approximate form contract;
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.

The transition order and other documents on 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.

When introducing 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 compensation 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

The Program for the gradual improvement of wage systems in state (municipal) institutions, which was approved by the Government of the Russian Federation, set clear goals:

Maintain human resources;
increase the prestige of work in budgetary medical institutions;
bring the remuneration of medical workers in line with the level of quality of work performed by them.

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 operation. 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 the manager for project work company SKB Kontur Alina GALIULINA. - 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 the head of the personnel department, Tatyana VASILYSHINA, says, they had to talk with employees, explain the situation, for what reason the amounts received were less than expected, and also monthly introduce new agreements to the payment agreement. 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

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 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.

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:

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 system research, monitoring individual achievements 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	Disadvantaged students involved in public life class, school, their participation in competitions, competitions, olympiads
Creation of elements of educational infrastructure	Equipment study room 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.

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

The structure of the document will look like this:

1. Place of work. If the teacher works in a branch, representative office or other separate subdivision, both the address of the main institution and the name of the unit with its location should be recorded.
2. Labor function (indicating qualifications, position and specialty).
3. Terms of 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, it is about compulsory insurance provided 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 severance pay must be paid (Article 178 of the Labor Code of the Russian Federation).

Notice of transition to an effective contract

In the Russian Federation, such a concept as an "effective contract" has appeared. The reason for this was the adoption by the authorities of the country of an order that approved the algorithm for changing the wage system. The innovation concerns everyone who works in state and municipal institutions. Let's take a look at what a notification about the transition to an effective contract should look like and everything connected with it.

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

As of today unified form the notification just doesn't 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 a detailed description of the new terms of the 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. Under current law, a legal entity is required to notify employees of upcoming changes two months in advance, and if the employer is a 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

"Effective contract" - 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 . The specification of the terms of an employment contract, which turns it into an effective contract, is contained in the Recommendations on the registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract (hereinafter referred to as the Recommendations), approved by order of the Ministry of Labor of Russia No. 167n.

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

Article 57 of the Labor Code of the Russian Federation	Program
Labor contract	An effective contract is an employment contract that specifies:
Labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee) - is included necessarily; clarification, in relation to the working conditions of this employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms - may be included	Job Responsibilities	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)
Terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) - are included necessarily; 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 - must be included	Terms of remuneration; indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments; dependence of incentive payments on the results of work and the quality of public (municipal) services provided	Terms of remuneration (including the size of the tariff rate or salary (official salary) of an employee of the institution, additional payments, allowances and incentive payments); compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee of the institution is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace; it is recommended to specify the conditions for making payments of a compensatory nature (name of payment, amount of payment, as well as factors that determine the receipt of payment) and stimulating nature (name of payment, conditions for receiving payment, indicators and criteria for evaluating performance, frequency, amount of payment)
The condition on compulsory social insurance of an employee in accordance with the Labor Code and other federal laws - is included necessarily; on the types and conditions of additional employee insurance - may be included; on improving the social and living conditions of the employee and members of his family - may be included	Social support measures	Condition on compulsory social insurance of an employee of an institution in accordance with the Labor Code of the Russian Federation and other federal laws; measures of social support and other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms
By agreement of the parties, the employment contract may also include the rights and 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 conditions collective agreement, agreements

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 payment, conditions for receiving 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 Regulations 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 they are provided for by federal and (or) regional legislative acts, as well as regulations of local governments, local regulations of the educational organization, employees have to the full extent of the stipulated rights (including the right to receive compensation and incentive payments) and perform the stipulated duties in full.

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!

Do you think it is necessary to implement it (or will it be written instruction) - implement!

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 “take effective measures to improve the financial situation and strengthen the stimulating role of the wages of health workers, the system of social protection of the population, education, culture, science and other institutions, organizations and enterprises located 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 “differentiation of 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 government agencies, as well as civilian personnel military units, institutions and divisions federal bodies executive branch, 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 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 “Education Workers 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 wage without increasing the wage fund and/or reducing the number of employees in your educational institution.

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