An example of an effective contract with a researcher. What is an “effective contract”? Structure and functions

Employment contract and efficient contract, these are very similar concepts. Both of them regulate working conditions and the specifics of receiving payment for work. In addition, these concepts include social guarantees for employees and require the establishment of other significant circumstances.

Professional agreement and effective contract are provided for by existing labor standards. Therefore, employers have the right to determine any form of relationship with staff that is convenient for them. At the same time effective agreement has many significant features. And for a better understanding of the issue, data characteristic features should be analyzed more thoroughly.

What is work under an employment contract in the effective contract format?

This format involves a detailed establishment of several important circumstances for the employee. At the same time, the basis for the existence of legal relations between the employer and employees is precisely employment contract. This is the main document that formalizes the agreement between the parties.

Among the features of this type of relationship, the main ones should be indicated:

• The reasons for awarding bonuses to employees should be specified in great detail. It is necessary not only to provide for their possibility, but to regulate them in detail. Employees must clearly know what results they must achieve in order to receive bonuses;
• it is also necessary to establish in detail and secure in the agreement harmful factors labor activity. Along with these factors, it is also necessary to describe questions about processing and its compensation. Anything that goes beyond the person’s normal activities must be specified in detail in the agreement;
• availability social guarantees assumed by the Labor Code of the Russian Federation. But the law does not contain detailed rules that would establish social guarantees for all categories of workers. Therefore, an effective contract implies an indication of social guarantees for a particular position.

Thus, this form relationship is a specification of the usual work agreement between an employee and an employer.

The difference between an employment contract and an effective contract

An effective contract is an employment contract with an employee that specifies all the main aspects of payment for work performed and the receipt of social guarantees.

Thus, these concepts in no way contradict each other. The point is that the agreement is general shape settlement of legal relations between the parties. And the specified contract makes it more detailed.

Therefore, they are concluded with employees in whose activities specific results or performance indicators are important. For example, they are often concluded with teaching staff, factory personnel and the like. manufacturing enterprises. This allows you to conveniently and quite simply evaluate the results of everyone’s activities.

Based on these results, the employer decides on the issue of bonuses for staff. In addition, employees are able to know exactly what their guarantees are.

Additional agreement to the employment contract on the transition to an effective contract - why is it concluded?

An additional agreement to the employment contract when switching to an effective contract is concluded in any case. This is necessary because it is not practical to draw up a new main agreement.

Accordingly, changes should be confirmed by an additional agreement. The specified administrative act allows you to formalize new conditions for crediting funds and rewarding personnel in the most convenient way.

The additional document sets out new bonus rules, lists and describes in detail guarantees for employees and reflects other important circumstances.

Sample form of an employment contract for an effective contract - sample

It is entrusted to conclude and develop regulations on personnel remuneration, to carry out the transition to new operating rules personnel service together with accounting.

For example, compensatory credits are not simply announced. They are described in detail. Their name, reasons for enrollment and possible sizes are established. In addition, it is necessary to sign what determines the purpose of a particular amount of compensation transfers.

In addition to these conditions, the procedure for granting paid or unpaid leave should be described. It is necessary to describe the circumstances on which the duration of leave and the timing of its provision depend.

This form is a standard form. This official sample document and it can be used by all organizations of any organizational and legal form.

The transition to an effective contract raised many questions among managers budgetary institutions. Let's look at the most relevant ones.

The prerequisites for the transition to an effective contract are contained in Decree of the President of the Russian Federation No. 597, which provides for the gradual improvement of the wage system for workers in the public sector of the economy. It is indicated that the increase in payment should be conditional on 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 Remuneration, developed in accordance with Decree of the President of the Russian Federation No. 597.

For each social sphere activities exist your basic documents, developed 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 sectors of the social sphere aimed at increasing the efficiency of education and science”, State Program of the Russian Federation “Development of Education” for 2013 - 2020.

What is an effective contract?

The Compensation Improvement Program defines an effective contract. This with an employee in which specified his job responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities to assign incentive payments depending on the results of labor and the quality of government (municipal) services provided, as well as measures social support.

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

• the institution has a state (municipal) assignment and performance targets approved by the founder;
• a system for assessing 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 remuneration 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 labor standardization system for employees of the institution, approved by the employer;
• detailed specification taking into account industry specifics in employment contracts job responsibilities workers, indicators and criteria for assessing labor, conditions of remuneration.

Methodological basis for developing an effective contract

When developing the provisions of an effective contract, the head of a state (municipal) institution should first of all focus on Order of the Ministry of Labor of the Russian Federation No. 167, which approved the relevant recommendations for formalizing labor relations with an employee. For some areas of activity there is also its 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 education and sports organizations, there are no similar recommendations yet. However, the activities of physical culture and sports organizations can be considered as providing social services in accordance with clause 1 of Order of the Ministry of Sports of the Russian Federation No. 121, and when developing performance indicators, be guided by 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 providing social services in their area.

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

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

Regulatory 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	Raising the average wages for public sector employees is associated with the efficiency and quality of services
Remuneration Improvement Program	A sample form of an employment contract (effective contract) with an employee of a government agency has been approved (Appendix 3).
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing 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, Order of the Government of the Russian Federation No. 722 -p)	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing 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).	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract in a specific region or municipality
Guidelines for development by authorities state power subjects of the Russian Federation and authorities local government performance indicators subordinate state (municipal) institutions, their managers and employees by type of institution and main categories of workers, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for assessing employee performance specific social sphere, developed at the regional level*	A manual for developing criteria for institutions of constituent entities of the Russian Federation and municipalities
	A manual for developing criteria for assessing the effectiveness of managers budgetary organizations subjects of the Russian Federation and municipalities

* For example, Criteria for assessing the effectiveness of the activities 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 Resolution No. 69 dated December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated August 20, 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 additional agreement about the change determined by the parties terms of the employment contract.

With faces hired, 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 they may be established by another document ( job description). In an effective contract, it is advisable to reflect job responsibilities directly in the text.

Sample 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 Remuneration. This is a template that should be “customized” for each specific institution.

How to make an existing employment contract an effective contract?

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

When introducing an effective contract, the 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 establish an exhaustive list what falls under the concept of “change in working conditions”. This means that when wage conditions change can be guided its provisions.

Another change concerns clarification of the employee’s responsibilities (for example, achieving performance indicators).

If the contract is changed unilaterally by the employer obliged to indicate reasons and justify them as inevitable. In this case, the employer can refer to the Program for Improving Remuneration and other regulations related to the introduction of an effective contract system. The program for improving remuneration establishes indicators and criteria for assessing the performance of employees of state (municipal) institutions - this is reasons changes to the employment contract. The introduction of indicators and criteria necessitates changes in wage conditions 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.

*** Relevant clause of an effective contract.

**** Installed staffing table and is reflected in the employment contract (effective contract); is 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 wage regulations, annex to an effective contract, paid for meeting performance indicators.

What to include in an effective contract?

When developing an employment contract and additional agreement, one should be guided by Art. 57 of the Labor Code of the Russian Federation, which regulates the content of the employment contract. If the conditions specified in this article are not in the previously concluded employment contract, then it is recommended to include them in the additional 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, then these conditions are included in the additional agreement.

In relation to each employee, his work function, indicators and criteria for assessing the effectiveness of his work must be clarified and specified, the amount of remuneration must be established, as well as the amount of incentives for achieving collective labor results.

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 indicate:

• labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type work assigned to an employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in qualification reference books, approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
• in the case where it was concluded , the duration of its validity 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 size tariff rate or employee’s salary, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory in nature (name of payment, size, factors determining its receipt); stimulating nature (name of payment, conditions of receipt, indicators and criteria for assessing performance, frequency, size);
• working hours and rest time (if for of this employee institutions, it differs from the working hours and rest periods general rules, operating 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 in the workplace;
• conditions determining in necessary cases nature of work(mobile, traveling, on the road, other type of work);
• working conditions at the workplace;
• mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or 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 employee’s position in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, collective agreements, agreements, local regulations, in particular the conditions for clarifying the place of work (indicating the structural unit and its location), for testing .

Sequence of actions when introducing an effective contract

A certain sequence of actions when transitioning to an effective contract system will allow the employer to reduce the cost of effort and time, as well as comply with labor legislation. The actions should be as follows:

1. Create in institution commission on organizing work related to the introduction of an effective contract.
2. Learn basic and advanced performance indicators activities developed and approved by the founder, indicators of quality and efficiency of activities included by the founder in the municipal task for the organization to provide services of a certain type.
3. Get acquainted with evaluation mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Carry out outreach work V work collective on the introduction of an effective contract.
5. Create on official website section “Assessment of the effectiveness of the institution” for the presentation of regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze existing employment contracts workers for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
7. Develop indicators employee productivity.
8. Taking into account the developed indicators make changes in the regulations on wages, regulations on incentive payments.
9. Accept local regulations related to employee remuneration, taking into account the opinion trade union committee primary trade union organization.
10. Concretize labor function and conditions of remuneration of the employee.
11. Develop individual employment contracts(additional agreements) with employees, taking into account the approved form of a model employment contract, using indicators and approved criteria for the effectiveness of the activities of the institution’s employees.
12. Approve changes job descriptions.
13. Notify employees to change certain terms of the employment contract.
14. Conclude additional agreements with employees.

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

Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy.”

Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved. By Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r.

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

Approved by Decree of the Government of the Russian Federation dated 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 dated June 28, 2013 No. 421 “On approval of Methodological Recommendations for the development by government bodies of constituent entities of the Russian Federation and local governments of performance indicators for subordinate government institutions, their managers and employees by type of institution and main categories of employees.”

Letter of the Ministry of Education and Science of the Russian Federation dated June 20, 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 public authorities of the constituent entities of the Russian Federation and local governments of performance indicators of state (municipal) institutions in the field of education, their leaders and individual categories workers", approved. Ministry of Education and Science of the Russian Federation 06/18/2013).

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

Order of the Ministry of Sports of the Russian Federation dated 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 a stateless person (Article 327.2 of the Labor Code of the Russian Federation), with athletes, with coaches (348.2 of the Labor Code of the Russian Federation), a civil servant (clause 3 of Article 24 of the Federal Law of July 27, 2004 No. 79-FZ “On State civil service RF").

Legal grounds

An effective employment agreement (contract).

(methodological development)

Kanunnikov A.B.

Candidate of Legal Sciences, Associate Professor of the Department economic theory and rights of Omsk State Agrarian University, magazine expert

"Labor Law"

Belyaev S.G.

Head of the State Labor Inspectorate in the Omsk Region

An effective employment agreement (contract) is an employment agreement with an employee, which specifies (clarifies) the employee’s job responsibilities, indicators and criteria for assessing the fulfillment of these responsibilities (labor), linked to the conditions of remuneration (including in the form of the tariff rate or salary , additional payments, allowances and incentive payments) depending on the quality of services provided, as well as measures of social support for the employee.

An effective employment contract is a document (legal form) that formalizes the employment relationship between employer and employee at the individual level.

Attention!

Art. 15 of the Labor Code of the Russian Federation - labor relations are relationships based on an agreement between the employee and the employer;

Art. 56 of the Labor Code of the Russian Federation - an employment contract is an agreement between an employer and an employee.

That. for an employee under Art. 15 of the Labor Code of the Russian Federation in labor relations, what is important is the actual relationship and the opportunity to personally work for pay, and for the employer under Art. 56 of the Labor Code of the Russian Federation, in the first place are its capabilities, expressed in responsibilities:

Provide work according to the specified labor function;

Ensure working conditions in accordance with current labor legislation;

Pay wages on time and in full.

Therefore, an employer concluding or switching to an effective employment contract must have:

Tasks and performance targets approved by the founder;

A system for assessing the effectiveness of the activities of employees of an institution (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 remuneration 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 labor standardization system for 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 assessing labor, and terms of remuneration.

Therefore, the transition to an effective employment contract requires efforts:

1. A state that must create, in addition to the ideological base, also a regulatory legal framework.

Currently, there is a certain regulatory framework necessary for the implementation of an effective contract. In particular, these are the following documents of the President of the Russian Federation and the Government of the Russian Federation:

Budget message from the President Russian Federation dated June 29, 2011 on budget policy in 2012-2014;

Decree of the President of the Russian Federation of 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;

Instruction of the President of the Russian Federation dated July 27, 2012 following a meeting on the implementation of Presidential decrees in the field of social policy;

Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r “On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018.”

However, this is far from a complete regulatory framework - it is necessary to make changes to Labor Code Russian Federation, adoption of a number of by-laws and regulatory legal acts. In addition, the subjects of the federation must, on the basis of federal legislative and regulatory legal framework develop your own regulatory legal acts.

2. Employers (municipal institutions and organizations), which, in accordance with Art. 8 of the Labor Code of the Russian Federation develop, revise, approve and bring to the attention of employees local regulations that contain the norms labor law, operating at of this employer. First of all, this concerns wages, which market conditions is the most effective tool personnel management in order to improve the quality of social services provided to the population.

As an example, you can point out

Action Plan of the Government of the Russian Federation (“road map”) “Changes in sectors of the social sphere aimed at increasing the efficiency of healthcare” (approved by Order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r)

It is important to understand that for the implementation of measures determined by the federal authorities and the authorities of the constituent entities of the federation, the main responsibility rests with the heads of institutions and organizations. These are the purposes that are served by:

Decree of the Government of the Russian Federation dated 12.04. 2013 No. 329 “About standard form employment contract with the head of a state (municipal) institution" (Article 275 of the Labor Code of the Russian Federation)

Features of an employment contract with heads of budgetary organizations (Article 275 of the Labor Code of the Russian Federation):

1. Priority tasks and areas of activity on which the manager should focus;

2. Indicators (criteria) for assessing the effectiveness of its activities;

3. Terms of remuneration;

4. Validity period of the employment contract in accordance with constituent documents;

5. Conditions for termination of an employment contract at the initiative of the employer (clause 13 of Article 81 of the Labor Code of the Russian Federation) with the criteria laid down by the founder. This is in addition to the possibility of dismissing the head of an organization without guilt and without explanation based on the decision of the founder (Article 278 of the Labor Code of the Russian Federation)

What from the Labor Code of the Russian Federation (by article) may be included in the Regulations on remuneration:

1- Duration of work shift (94)

2- List of works, the duration of which is equalized during the day and night (96)

3- The procedure for dividing the working day into parts (105)

4- Amount and procedure for payment of additional remuneration for work during non-working hours and holidays salaried employees (112)

5- Terms and Conditions additional holidays for employees (116)

6- Procedure for indexing wages (134)

7- Remuneration systems (salaries, tariff rates, additional payments, allowances, incentives) (135)

8- Remuneration systems in municipal and government institutions (144)

9- Periods for calculation average salary, differing from the periods established by law, provided that this does not worsen the situation of workers (139)

10-Specific sizes for overtime work (152)

11-For work on a weekend (specific sizes) (153)

12-Specific amounts of salary increases for night work (154)

13-Introduction and revision of labor standards (162)

14-Procedure and amount of reimbursement of expenses for business trips (168)

15-Amounts and procedure for reimbursement of expenses related to business trips (on the road, traveling) (163.1)

Legal basis for salary calculations

Basic rules in Art. 136 TK

Payslips (form) can be fixed in the collective agreement

Salary payment forms (131)

Indexation procedure (Article 134)

Payment systems (135)

Payment location (136)

Conditions where to list (136)

Conditions for transferring salaries to a bank account (136) (credit card, bank account)

Payday (136). In three documents: collective agreement, internal labor regulations, employment contract.

Remuneration under special conditions specified in the Labor Code of the Russian Federation and others federal laws:

1 - Remuneration of workers employed in heavy, hazardous work and in hazardous working conditions, as well as in other special conditions, is carried out at an increased rate. This payment, like the list special conditions labor are established centrally (Article 148). At the same time, the employer must keep in mind that federal laws establish only minimum sizes, and the employer can set specific, non-degrading, and higher ones.

2 - Payment in areas with special climatic conditions. The coefficients are established by the Government of the Russian Federation; subjects of the federation can also set them at their own expense.

3 - When working in conditions deviating from normal:

Overtime: Payment overtime(art. 152), (cases art. 99)

Weekends and holidays: Work on weekends and holidays (payment art. 153)

At night: Night work (Article 154)

4-Payment for non-compliance with labor standards, non-compliance labor responsibilities. The rules and amount of payment depend on the fault of the parties to the employment contract.

A) in case of failure to comply with labor standards (Article 155)

B) marriage due to the fault of the employee (Article 156)

Remuneration in other conditions by agreement of the parties

1. When combining professions, expanding service areas, working for temporarily absent workers:

Art. 60.2 of the Labor Code of the Russian Federation, procedures for which written consent is issued

Art. 151 of the Labor Code of the Russian Federation, payment amounts that are established by agreement of the parties

10. Downtime (Article 157), concept of downtime (Article 72.2 of the Labor Code), introduction procedure (Article 157)

11. Payment for the development of new production facilities (Article 158)

Procedure and terms of payment of wages

1. To the employee himself, at the cash desk or to the account specified by the employee

2. At least every half month, on the day established by the Internal Labor Regulations, collective agreement, employment contract, i.e. in all three documents. However, the main thing is in the employment contract.

3. If the payment day coincides with a weekend or a non-working holiday - on the eve of this day.

4.Payment for vacation - 3 days before the start.

5. Upon dismissal - the entire payment is made on the day of dismissal (Article 140)

6. Suspension of work due to violation of deadlines for payment of wages (Article 142)

State guarantees of wages

Article 133 - minimum wage, and it is allowed that it may include 15%. The legal condition is that this must be written down in the Payment Regulations. If you haven’t signed up, then 15% for the minimum wage.

Articles 137, 138 of the Labor Code of the Russian Federation, restrictions on deductions from wages:

List of grounds for withholding (Article 137 of the Labor Code of the Russian Federation)

Amount of deductions (Article 138 of the Labor Code)

Article 131 Limitations on remuneration in non-monetary (in kind) form.

State supervision and control

Liability for delayed wages (Article 142, Article 236)

Art. 140 terms and order of payment

Article 3, Article 132 The maximum salary is not limited

3. Workers who must realize that the time for “receiving” wages has passed, the time has come for earning money.

An employee must get used to working on himself, constantly educating himself, and demanding that the employer takes care of improving his qualifications, especially if new equipment or technologies appear. Roadmap for Improving Efficiency in Healthcare Quote:

“Improving the quality of free services provided to the population medical services impossible to ensure without highly qualified specialists"

Since the main employer in healthcare is the state, updating qualification requirements and competencies will be carried out along with the organization professional retraining and advanced training of medical personnel.

In order to encourage employees to do more efficient work Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r “On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018” approved the “Approximate form of an employment contract with an employee of a state (municipal) institution” - Appendix No. 3 to the specified Program.

Strengths effective employment contract:

Clarification (specification) of the responsibilities of employees in the employment contract in combination with an increase in wages.

Weaknesses effective employment contract:

In the minds of workers, an employment contract is not the main document on the organization of their work and labor management.

Labor results are tied only to incentive payments. And salaries will not increase

Problems of an effective employment contract:

Differentiation of wages among workers and associated dissatisfaction.

Workers will terminate their part-time employment contracts.

Reduction of workers in order to increase the level of wages to the specified level.

Refusal to hire young specialists.

Underfunding of other expense items other than wages.

Algorithms and legal procedures

Introduction of an effective employment contract.

1. Methodological support from the state and regional government

The Ministry of Labor of Russia on formalizing labor relations with employees in terms of establishing indicators, criteria and conditions for incentive payments

Ministry of Health in Russia for organs executive branch subjects and local self-government (performance indicators of health care institutions)

- “Road maps” of subjects, i.e. Regional governments (orders, instructions, approximate provisions)

2.Organizational and legal actions at the institutional level:

Make changes to collective agreements(if they exist), according to the procedures of Article 44 of the Labor Code of the Russian Federation.

Changes in the regulations on wages (Article 135 of the Labor Code of the Russian Federation), taking into account the opinion of trade unions or other representative bodies of workers (Article 372 of the Labor Code of the Russian Federation)

Changes made to local regulations on wages must be familiarized to employees against signature, no later than two months before implementation (Article 74 of the Labor Code of the Russian Federation)

Prepare additional agreements to the employment contract

The basis for all procedures is the Labor Code of the Russian Federation.

1. Newly hired employees are invited to sign a developed standard employment contract (effective)

2. We follow the following procedures with a working employee:

A) Article 72 of the Labor Code of the Russian Federation Changes in the terms of the employment contract determined by the parties.

By agreement of the parties in in writing

Two options:

1. By agreement of the parties, approve a new version of the employment contract. At the same time, the labor function does not change and structural unit former.

2. Draw up an additional agreement on changeable conditions. This is an agreement to the current employment contract, in which the conditions are clarified, specified, and new ones are introduced that do not contradict labor legislation.

B) Article 74 of the Labor Code of the Russian Federation Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological conditions.

The main thing here is:

Organizational reasons should be understood very broadly;

Employer initiative (this is the employer’s right);

Notify the employee of changes in writing no later than 2 months in advance. In case of disagreement, legal consequences occur after 2 months (hence the words “no later”):

If the employee does not agree to work under the new conditions, the employer offers the employee another available job:

A) a vacant similar position;

B) a vacant job that meets the qualifications;

B) a vacant lower position;

D) a vacant lower-paid job.

Consider the employee's health status when making such offers. All vacancies are offered.

Legal consequences of refusal:

If the employee refuses job offers or there is no work, then the employment contract is terminated (clause 7 of article 77). The employee is paid two weeks' severance pay (Article 178).

If the employee “bids his time”, i.e. there is no written refusal to repeatedly offer a vacant job, does not give any consent, then it is recommended to draw up an act stating that the employee does not make the decision maliciously, i.e. “remains silent”, waiting for something.

In this case, the vacancy can be filled, i.e. hire another employee, and the report on the behavior of the “silent one” will serve as evidence of the employee’s attempt to “abuse his right.”

If, at the end of two months, the “silent person” still came out and started work, then an agreement was reached to work under new conditions upon admission to work (started work, which means he agreed). It is recommended not to create obstacles.

Option

Additional agreement

To the employment contract No.____from________________

Between the Employee ______________________________ and the Employer

Represented by _________________

Omsk "___" _______________

Based on Article 72 of the Labor Code of the Russian Federation and Part 4 of Art. 57 of the Labor Code of the Russian Federation, in the terms of the current employment contract No. _____ dated _________, the Employee and the Employer agreed to make the following changes:

1. The employee undertakes (obliged) to perform the following specific duties for the job function __________________________________

2. Remuneration

The employee is paid a salary of ______ per month

The salary is subject to indexation upon the occurrence of conditions established by law.

3. The following is established for the employee:

A) monthly bonus of up to _____

If there is a bonus, the Employer is guided by the following criteria for evaluating work:

B) compensation payments for

______________________________________________________________________________________________________________________________________

C) incentive payments:

For the intensity and tension up

For quality up to _________

For length of service up to _________

Year-end bonus until ______________

4. Salary amounts can be revised by agreement of the parties. After the revision, the new terms of the contract are drawn up in writing, signed by the parties and are an integral part of the employment contract.

5. Salaries are paid on time ______________________

Employee Employer

A copy of the additional agreement has been received

Worker

Option

Agreement

On the new edition of the employment contract No.___ dated ______________

Omsk "____" __________

Based on Article 72 of the Labor Code of the Russian Federation and guided by the Order of the Government of the Russian Federation dated November 26, 2012 No. 2190 - r “On approval of the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012-2018” Employee_______________________________________________________________________________________________________________________________

Employer__________________________________________________________________________________________________________________________

Represented by the chief physician______________________________________________________________

Acting on the basis of the Charter, agreed (came to an agreement)

1. Introduce a new version of the employment contract between the Employer and the Employee with “__” ____________________

2. New edition of the employment contract, signed by the Employer and the Employee, is an integral part of the employment contract No. _________ dated “_____” __________, the terms of which, with the exception of the labor function, have lost legal force.

Employee Employer

A copy of the agreement has been received

In recent years, a set of measures has been taken to increase the level of wages of employees of cultural institutions, as well as to stimulate improvement in the quality of services provided. One such measure is the introduction of an effective contract. In the article you will learn all the nuances of the new remuneration system, and also find a sample of an effective contract for cultural workers.

What is an effective contract in culture?

This is an employment contract in which:

• the employee’s job functions are specified;
• the terms of remuneration were clarified;
• labor efficiency indicators were determined;
• describes the procedure and conditions for receiving incentive payments, which depend on the results of work;
• social support measures are prescribed.

These innovations are designed to encourage employees to work more efficiently. In order for the process of introducing an effective contract to be as effective as possible, it is recommended to organize advanced training for those employees of cultural institutions who deal with personnel and accounting issues.

Regulatory framework

The documents that regulate the issues of improving the remuneration system for public sector employees are:

• program approved by Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r;
• state program of the Russian Federation "Development of culture and tourism for 2013-2020";
• Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920, where you can find the methodology for developing performance indicators;
• letter from the Ministry of Culture of the Russian Federation dated October 31, 2012 No. 124-01-39/04-NM, which contains recommendations on the selection of measures aimed at increasing the salaries of employees of cultural institutions;
• Order of the Government of the Russian Federation dated December 28, 2012 No. 2606-r, which approved an action plan to improve the efficiency of the cultural sector;
• Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n, which contains recommendations for registering labor relations with public sector employees in a new form.

Most of these documents are advisory in nature. Guided by them, the subjects of the Russian Federation and the Moscow Region must develop local acts that establish criteria for assessing the effectiveness of workers’ labor, and make changes to the existing documents regulating the remuneration system.

Performance indicators in cultural institutions

The main measures that cultural institutions must take when introducing an effective contract and an improved remuneration system include the approval of employee performance indicators.

• libraries;
• museums;
• theaters;
• circuses;
• zoos;
• concert organizations;
• other institutions.

As a methodological basis for developing performance indicators, the “Development of Culture and Tourism” program, as well as the Federal target program“Culture of Russia (2012-2018)”, which was approved by Decree of the Government of the Russian Federation dated 03.03.2012 No. 186.

In the appendix to Recommendations No. 920 you can find an approximate list of performance indicators by type of cultural institution. For example, libraries are recommended to use information about the volume of the library collection, as well as the number of:

• registered users;
• requests to the library during the reporting period;
• new additions to the library collection;
• information and consultations for users;
• documents that have been digitized and become part of the electronic library;
• orders in the electronic catalog created by the library;
• visitors to the library's official website.

Sample of filling out an effective contract with cultural workers

Conditions for an effective contract

According to paragraphs 4 and 5 of Recommendation No. 167n, the introduction of an effective contract can be carried out in two ways: by concluding an employment contract in a new form with new employees or by concluding an additional agreement with existing staff. A sample of an effective contract in culture is given in Appendix No. 3 to Program No. 2190-r.

When drawing up an effective contract, you need to focus on the content of Article 57 of the Labor Code of the Russian Federation, as well as local acts of the organization and the collective agreement.

In particular, the employment contract must indicate the following:

• specific labor function of the employee. It is necessary to indicate the position in accordance with the staffing table, profession and specialty indicating qualifications;
• terms of remuneration. In particular, the size of the tariff rate or salary, additional payments and allowances. It is also necessary to specify the conditions for the provision of compensation and incentive payments, indicating:
  • name of the payment;
  • conditions for receiving it;
  • criteria for assessing the effectiveness of labor activity;
  • frequency and size;
• work schedule;
• working conditions in the workplace;
• information about compulsory social insurance.

An employment contract may contain additional conditions that expand the rights and obligations of the parties. The main thing is that they do not worsen the employee’s situation in comparison with the conditions provided for by current legislation.

Procedure for introducing an effective contract

To make the transition to new system remuneration with minimal time costs and at the same time complying with the standards current legislation, you must go through the following steps:

1. Form a special commission whose powers will include organizing the transition to effective contracts.
2. Study in detail the performance indicators and work performance assessment mechanisms that have been developed for your type of institution.
3. Introduce the team to all innovations and the legal framework.
4. Create a special section on the official website of the institution dedicated to assessing the effectiveness of the institution’s activities, where it will be possible to familiarize yourself with all the relevant documents and regulations.
5. Analyze existing labor agreements and bring them into line with Article 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
6. Develop employee performance indicators.
7. Taking into account the developed indicators, make changes to the provisions on wages and incentive payments.
8. Adopt local regulations related to employee remuneration, taking into account the opinion of the trade union (issue an Order on the transition).
9. Specify the labor function and terms of remuneration of the employee.
10. Develop individual employment contracts (additional agreements) with employees, taking into account the approved form of an effective contract.
11. Approve the amended job descriptions.
12. Notify employees of changes to certain terms of the employment contract.
13. Conclude additional agreements with employees.

An effective contract with teaching staff (sample 2019) should make the teacher’s work more prestigious and contribute to the growth of his salary. Read the article on how to draw up a contract.

From the article you will learn:

Educational institutions have been implementing effective contracts with teachers 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 established quality and quantity indicators of government or municipal services, which teachers provide (Section IV of the Program approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r). There are different indicators for institutions of different industry profiles. Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n approved recommendations that explain how to draw up an effective contract. They can be used when registering labor relations with all employees of institutions.

Effective contract in education sample filling

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

Download documents on the topic:

Important! An effective contract is an employment contract with a government employee or municipal institution, which describes in detail the employee’s job responsibilities and payment conditions, which are conditioned by the fulfillment of pre-established indicators (Section IV of the Program).

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

• commission regulations or working group, which will deal with the introduction of effective contracts;
• indicators and criteria by which the labor efficiency of the institution’s employees will be assessed;
• internal regulations on establishing labor standards for workers, taking into account industry specifics;
• local act, which describes the content and scope of labor functions of each employee.

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

• regulations on the remuneration system, regulations on incentive and compensation payments,
• bonus regulations,
• job descriptions and so on.

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

Check out a sample order for the introduction of an effective contract:

Performance criteria in an example of an effective contract

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

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Tips on how to develop criteria can be found in Methodical recommendations(letter from the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02). In particular for teaching staff Ten such performance indicators are established for schools. These include, for example, the implementation additional projects. These are excursion and expedition programs, group and individual. educational projects students, social projects and the like.

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

Formulate contract clauses 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 the amount in the employment contract or additional agreement(Clause 13 of the Recommendations approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n).

Form of an effective contract

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

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

Download in.doc

Download in.doc

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

Conditions that need to be reflected in an effective contract:

1. full job responsibilities
2. volume extra 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 accrued

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

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