44 fz contract service supply department. Contract service. contract manager. Requirements for the education of contract service employees
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the federal law No. 44-FZ "On contract system in the field of procurement” carefully regulates not only the procedures that the state customer has the right to use in order to carry out certain types of public procurement, but also explains which departments or officials should carry out the procedures for conducting certain procurement procedures. So, in particular, special contract services should be created for state and municipal customers.
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If the level of such an organization does not allow the creation of a contract service, then a special official is appointed - a contract manager.
What is a contract service or contract manager?
In order to carry out the procurement procedure envisaged to meet the state or, the state customer is obliged to create a special unit or appoint responsible officials. Such services are called contract services, and officials are called contract managers.
In accordance with Part 1 of Article 38 of Federal Law No. 44-FZ, a contract service is created in cases where the total annual volume of a particular customer exceeds one hundred million rubles. If this volume is not exceeded, then the state or municipal customer is obliged to appoint a responsible official, and the created position will be called the contract manager.
If the customer does not have a contract service, but has a contract manager, and the total annual income is large enough, then the customer can appoint several contract managers or assistants to one contract manager.
In order for the contract service or contract manager to be able to carry out their actions in full, a special regulation is created that will fully regulate the entire scope of the actions of such a service or official.
The creation of a contract service or the appointment of a contract manager for or a municipal customer had to be carried out before January 1, 2017. Otherwise, such customer does not have the right to carry out procurement procedures to meet its needs.
This provision is fixed in Article 112, which regulates the phased entry into force of the new federal law.
Contract service models
For the state customer, it provides the opportunity to choose the model on the basis of which the creation of a contract service for procurement from a particular supplier will be carried out.
For state and municipal customers, a rule has been formed for the creation of a contract service, according to which they have the right to make an independent decision on how the contract service will be formed.
However, the customer should remember that with an annual volume of purchases of more than one hundred million rubles, a contract service should be formed, if the volume is less than one hundred million, a contract manager is appointed.
The state customer is given the choice of how the formation of the contract service is carried out:
- by forming an independent structural group that performs only the duties prescribed in the job regulations of the contract service and its direct employees. It is strictly forbidden to involve employees of such a unit in other types of work;
- by imposing the duties of contract service employees on employees of other departments, such as supply or accounting. The performance of the duties of an employee of a contract service should take place in conjunction with the duties of an employee of the structural unit in which this or that employee is registered.
In the same way, if the contract manager is appointed from among the current employees of various structural divisions of the customer, additional responsibilities which must be carried out in accordance with the provisions of their job descriptions for combined positions.
The mechanism and procedure for the creation of a contract service under Federal Law No. 44-FZ
The creation of a contract service is a set of measures that is carried out by a state or municipal customer in order for such a unit to be fully engaged in carrying out the types of purchases provided for by law to meet the needs of such a customer. As mentioned above, the creation of such a service can be carried out by isolating an independent unit, as well as by isolating a group of employees from existing units in order to impose on them the duties of contract service employees.
The creation of a contract service should be carried out on the basis of a special order on the creation of a contract service. This order is being prepared as the first of all documents that must be formulated in order to begin the full-fledged work of the contract service being created. Additionally, a special regulation is also being created, which will fully regulate the activities of the contract service.
Special job descriptions are created for the head of the contract service, as well as for its leading specialists, which fix the rights and obligations of contract service employees. Within the framework of such a job description, all the possible measures of responsibility that can be imposed on an official should be recorded if he commits a violation. current legislation during the period of his work in the contract service. A sample job description can be found at.
The general procedure for creating a contract service on the part of the state customer is as follows:
- issuance of an order on the creation of a contract service, which comes from the management of the state customer;
- creation of a regulation on contract service;
- publication of the regulations of the contract service;
- formation of contract service staff;
- publication of job descriptions for employees of contract services;
- issuance of regulations of commissions for competitive procurement.
Since the contract service carries out procurement, within which various procedures must be implemented, including using a commission review of documents provided by potential executors, the state customer should also accept special provisions which will regulate the activities of such commissions.
The contract service includes:
- head of the structural unit;
- professionals who work with potential suppliers through special procedures;
- employees who will resolve financial issues(often these functions are transferred directly to the accounting department of the customer).
A complete list of employees and their job responsibilities is formed by the customer himself based on his needs. However, one condition must be met - all contract service employees must have the appropriate education.
Contract Manager
The contract manager is an official who is appointed by the state customer in order for such an employee to conduct procurement procedures to meet the needs of the state or municipal customer. The appointment of a contract manager (regardless of how many such employees will be appointed) occurs if the total annual purchase volume of the customer is less than one hundred million rubles.
Such an employee is appointed on the basis of the order of the head of the organization with a breakdown of all the duties imposed on him. In general, the procedure is as follows:
- issuance of an order to create a position contract manager;
- order to appoint a specific person to a position contract manager;
- formation of job description contract manager;
- formation of regulations on commissions for competitive procurement.
The job description for the contract manager combines the provisions of the job description of the head of the contract service and its ordinary employee. However, it must define all the rights and obligations that are imposed on such an employee. A sample job description for a contract manager can be downloaded from.
In addition, often for such a contract manager, measures are also indicated that can be imposed on an employee for non-compliance with the norms of the current legislation in the field public procurement.
When forming regulations on commissions for control over competitive ways purchases should take into account that the involvement of a contract manager as a participant in such a purchase is undesirable, as he is directly responsible for the ongoing control procedures for competitive procurement.
A contract service or a contract manager is a subdivision or an independent official who carries out certain public procurements aimed at meeting state and municipal needs. The formation of an independent contract service or the appointment of a contract manager must be carried out in accordance with the provisions of article 38 of the said law, and all appointed employees must undergo special training.
The federal law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" was adopted in 2013. Despite the fact that the law is already 5 years old this year, it continues to be one of the most relevant and in demand. On our website you can find a whole section devoted to both the Federal Law 44 in general and its individual provisions. In total, the law contains 114 articles, so there is a lot of information to study.
The procedure for creating a contract service according to 44 Federal Laws
First you need to understand the concept of contract service according to Federal Law 44. Contract service is a group of specialists responsible for the implementation of the entire public procurement cycle. The procedure for its creation is prescribed in Article 38 of Chapter 3 on Procurement of Law FZ 44.
You will be interested; Federal Law 220 in the latest edition
If during the year the volume of public procurement according to the schedule amounted to more than 100 million rubles, the customer is obliged to create a contract service. The law does not oblige to single it out as a separate structural unit of the organization (part 1 of article 38 of the Federal Law 44).
Read the latest changes in the law on contract service in Russia
If the total annual volume of public procurement did not exceed the specified amount, the customer has the right to decide independently whether to create a contract service or appoint an official responsible for procurement and contract execution, i.e. contract manager(part 2 of article 38 of the Federal Law 44) .
Requirements for contract service according to the law
The contract manager and absolutely all employees of the contract service, regardless of the functions they perform, must have higher education. An employee who does not have a higher education, in order to obtain admission to public procurement, must receive additional specialized education (part 6 of article 38 of Federal Law 44). These are special training courses.
To the number operating principles contract services include:
- Attracting highly qualified personnel with special knowledge and experience in the field of public procurement;
- Free access to information about the actions taken and the results achieved;
- Signing contracts for favorable conditions providing efficiency;
- Compliance with the law;
- Personal responsibility.
In its activities, the contract service is obliged to be guided by the legal legislation of Russia: the Constitution of the Russian Federation, directly the law 44-FZ, civil and budgetary legislation, other acts (government decrees, orders of the ministry, etc.) and the regulations of the customer himself.
You will be interested: FZ 161 in the latest edition. details
Compound
As already mentioned, one official, the contract manager, can service the purchases of a supplier whose total annual volume of public purchases does not exceed one hundred million rubles.
If the amount attributable to public procurement is higher, the customer is obliged to organize a contract service. The structure and number of its employees is determined by the customer, however minimum composition limited to two employees. This condition is dictated by the model provision.
The contract service can be created as a special department, or by approving a permanent staff of employees performing the relevant functions. Regardless of how the contract service is formed, it should be headed by a leader who determines job responsibilities and personal responsibility of each of his subordinates.
The regulation that establishes the rules for organizing the activities of the contract service of the customer when planning and conducting the procurement of goods, works and services should be based on the model regulation developed by the Ministry of Economic Development of Russia - the federal body executive power regulating the contract system in the field of procurement (part 3 of article 38 of Federal Law 44) .
This document largely duplicates the essence and content of Article 38 of FZ-44. IN service regulations additionally contains the following information:
- General provisions: goals and conditions of creation, the legislative framework, principles of functioning, structure, number and duties of employees;
- Powers in the exercise of duties and functions;
- Responsibility service workers.
The law provides for the possibility of centralizing procurement by creating a special body or institution whose task is to determine suppliers for the customer (part 1 of article 26 of Federal Law 44). However, all other powers exercised in the procurement process, such as justifying procurement, determining conditions (including prices) and signing a contract, etc., must be carried out by the customer and his contract service. The latter bears responsibility solely within the framework of its own powers (part 5 of article 38 of the Federal Law 44).
Download Federal Law 44 with the latest changes
A large state customer needs to have a team of specialists accompanying the contract at all stages. The creation of a contract service makes the public procurement process efficient and reliable.
We offer you from 04/05/2013 N 44 FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" in the latest edition.
The special service in the course of its activities carries out the full cycle of public procurement, from its planning, procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claims work with the counterparty.
From January 1, 2017, a contract manager is required to have a higher education or additional professional education in the field of procurement. Previously, it was enough professional or additional vocational education. With this requirement, the legislator has tightened the requirements for the professional level of an employee responsible for procurement in an organization.
The decision to choose between these two options is made by the customer on the basis of data on the total annual volume of purchases (hereinafter referred to as ASG). If it does not exceed one hundred million rubles, then the customer appoints the KU. If it exceeds, then a special service is created in the organization based on model provision, approved by order of the Ministry of Economic Development of October 29, 2013 No. 631. A budgetary institution has the right to appoint more than one employee responsible for public procurement and assign certain functions and powers to each of them. The requirements of the labor legislation of the Russian Federation must be observed (letter of the Ministry of Economic Development of September 30, 2014 No. D28i-1889).
Job responsibilities are set out in the instructions. The customer has the right, for convenience, to develop and approve the regulation on such a position and specify the functions and powers in it in more detail.
The letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996 specifies who can be appointed as a contract manager under 44-FZ - only staff member organizations. It is impossible to take on this position of an outsourcer!
Regulatory documents
In the work, the official who is responsible for the implementation of procurement is guided by the following regulatory documents:
- the Constitution of the Russian Federation;
- Federal Law No. 44-FZ;
- civil and budgetary legislation;
- regulatory legal acts that regulate the scope of public procurement in Russia;
- job description or position on the manager.
Order of appointment
To appoint a person responsible for public procurement, it is necessary to issue an order. The law does not establish any requirements for this document, unified form not developed, so they make it up in free form on the letterhead of the organization.
The order should refer to Article 38 of Law 44-FZ, list one or more employees who are appointed to such a position. At the same time, it is allowed to approve the instruction to it, which defines the work responsibilities.
Job Responsibilities
Job responsibilities of a contract manager under 44 Federal Laws in budget institution are as follows:
- implementation of procurement planning (market research of necessary goods, works or services, development of a procurement plan, schedule, making changes to them);
- conducting (creation and placement in the Unified information system notices, procurement documentation, draft contract and sending invitations to participate in the selection of suppliers (contractors, performers) by closed methods);
- conclusion of a contract, its termination and amendment to it;
- control over the execution of the contract, including the involvement of experts or expert organizations;
- control over the terms and order of payment under the contract;
- participation in claims work with contractors (if necessary);
- other functions and powers in the framework of public procurement.
Job Description Example
When appointing a contract manager, job responsibilities are fixed with the help of a job description.
In 2015, the SSS of our institution exceeded 100 million rubles. There was an obligation to create a contract service. The regional ministry, in accordance with the funding, has set a requirement for the number of employees in the unit - no more than three people. Previously, I managed the purchases on my own, but here I had to look for someone to include in the contract service. At the same time, there were no additional staff positions in the institution. Time was running out, we could not carry out purchases without a contract service. To fulfill the formal requirement, we included an accountant, an economist and a programmer in the service. I was appointed head of the contract service. And then the problems began.The accountant refused to work in the contract service, referred to the loading and failure of us to comply with the standard procedure - we did not warn the employees in advance, did not make changes to employment contracts and job descriptions. Consequently, I, as a manager, had no right to require employees to engage in procurement and answer to controllers. As a result, in order to comply with all requirements, we had to delay purchases by two months - the period in which it is necessary to warn employees about changes. After an unsuccessful experience, we went through all the stages of official coordination with employees, prepared templates and a scheme for creating a contract service. I will share my experience.
First: two months before the start of the contract service, notify employees who are already employed in the organization about changing the labor function. Second: amend employment contracts and job descriptions, issue an order to transfer to another structural subdivision, where the personal duties of contract service employees were fixed. Third: to assign responsibilities, publish order and develop , based on . Standard provision necessary responsibilities and rights. For example, write:
The main conclusion from the situation, which I made for myself, is the work of the leader not only in the distribution of tasks, but also in proper planning. It is not enough to decide who performs this or that function, it is important to draw up the decision correctly and in advance. To make it easier for you, I will share templates that helped me too:
— order to create a contract service;
— notice to an employee about a change in job functions;
— change order;
— additional agreement to an employment contract;
— Regulations on contract service;
— order on the distribution of duties between employees of the contract service.
The recommendation of the State Order System will also help: How to create a contract service.
It is not enough to transfer a function, it is important to prepare employees for new tasks. To do this, send employees to improve their skills.
Is it possible to create a contract service in each branch?
In 2016, the head of our medical institution decided to open a branch. By that time, the organization already had a contract service as a separate unit. However, for the new branch chief physician proposed to create a separate contract service, which would deal only with the purchases of the branch. It was supposed that it would be easier to keep track of purchases. Since there was no lawyer in the already established contract service, the head of the unit turned to me for advice. As a lawyer, I explained that it is impossible to create several contract services for one customer. Branch - not entity. Branches operate on the basis of the provisions approved by the legal entity that created the branch. That is, the branch is not an independent customer in the sense Law No. 44-FZ. In addition, Law No. 44-FZ and order of the Ministry of Economic Development of Russia dated October 29, 2013 No. 631 do not provide for the creation of several contract services by one customer.
I'll tell you how we set up the work of one contract service for all branches. Each branch has employees who are part of the contract service and are responsible for purchasing for the branch. In particular, branch employees form needs for next year at the moment when the contract service is preparing procurement plan draft- we have it in August of the current year, prepare technical specifications, enter the acceptance committee, perform other tasks. There is no separate service for each branch. One contract service independently maintains a procurement plan and a schedule, conducts procurement for its own needs and for the needs of branches.
Now we already have three branches and one contract service. I was taken to the contract service as a lawyer. I helped to establish the work of branches and now I am engaged in claims work.
How many people to include in the contract service
From the very beginning of the Law No. 44-FZ, we decided that we were creating a contract service. At the same time, they knew that the contract service should include at least two people, and the customer determines the maximum number of people independently, taking into account the needs and financial opportunities. Since competitive purchases were already carried out then, but only under Law No. 94-FZ, two specialists were taken into the contract service, who at that time were engaged in procurement. In the course of work, Law No. 44-FZ underwent changes, the requirements for contract service employees also changed, and we realized that two people were not enough.Now our contract service consists of four people and a leader. I will share my experience, why we decided to expand to five employees.
When determining the number, they proceeded from the total financial volume of purchases and the number of contracts for the last year. At the same time, we took into account that we will also spend extra-budgetary money in accordance with Law No. 44-FZ. From work experience, it was understood that one person conducts 15 competitive purchases per month. It was calculated that with our volumes, three people were needed only for competitive purchases. A separate employee was allocated for contracts with a single supplier. We decided that the head of the contract service should prepare a plan and schedule for procurement, check all technical assignments from employees, control the work of the unit, develop regulations, and engage in organizational work.
From myself I will give advice: when in doubt how many people to take, for example, three or four, stop at a lower figure. In the course of work, it will become clear whether employees cope with the functionality. You may have to look for more people or suggest additional functionality those who are already working. In any case, it is easier for an employer to find another person than to fire someone who has already taken. In addition, additional functionality is an additional payment for the employee. Also useful will be materials from the State Order System:
Does every employee need an EDS?
When we created a contract service, we faced a problem: whether to give each employee an EDS or sign all documents with the digital signature of the head. As a result, we decided to make an EDS for each employee of the contract service. With his EDS, the employee signs the documents that he creates in the EIS, as a rule, these are notices and reports. At the same time, we sign the contracts with the EDS of the head and only when the director is at the workplace. I'll tell you what guided.Fines in procurement are high, and each employee is responsible for his specific tasks. In order to avoid disputes about which of the employees violated the law, it was decided that the EDS would serve as evidence of who specifically compiled the wrong document or violated the deadlines. In addition, an employee who signs a document in the EIS is motivated to work responsibly. Therefore, I advise every employee to make an EDS.
When signing a contract, the rule is different. Offer the manager two options: sign the contract on the electronic platform with your enhanced electronic signature or a separate order, or power of attorney empower the head of the contract service to sign contracts on behalf of the customer. If the signature is put by the head of the customer, indicate in the preamble of the document that the contract is signed by the customer in the person of the head acting on the basis of the regulation or charter. In this case, the contract is signed by the EDS of the head. Suppose, by decision of the customer, the head of the contract service was given the right to sign a contract for electronic platforms on behalf of the legal entity. Then, in the preamble of the contract, indicate that the document is signed by the customer, represented by the head of the contract service. Specify the details of the power of attorney. Only if these conditions are met, the contract can be signed with an enhanced electronic signature of the head of the contract service.
Get electronic signature help the first time step-by-step instruction.
Can a lawyer enter the contract service and at the same time engage in work that is not related to 44-FZ
Yes, leader by order has the right to assign the functions of a contract service worker to individual employees, for example, a lawyer. The contract service of our organization included three employees. At the same time, none of the employees had a legal education. When it came to claim work, difficulties arose - a contract service worker could not file a lawsuit or complaint. In-house lawyers refused procedures under Law No. 44-FZ, since the workload in the framework of their main work is high, and work under 44-FZ is not prescribed in the job description.To solve the problem, the manager assigned all claims work to the legal department. The head of the legal department was included in the contract service. Formally, all specialists of the legal department are not part of the contract service, therefore, only the head is responsible for claim work under Law No. 44-FZ. Now the contract service of our organization has no problems with legal assistance under Law No. 44-FZ.
Suppose we decide to follow our example - to include a lawyer in the contract service and at the same time change or expand labor functions worker. Then, with the consent of the employee, make changes in job description .
Who is responsible for the specification
We created a contract service without forming a separate division. The service includes employees from different departments, for example, the head of the purchasing department, the head of the supply department, the head information department. An employee of the department develops the terms of reference for his area of activity. For example, an employee of the supply department develops a terms of reference for the supply of stationery, IT specialists - for the supply of computers, etc. I, as the head of the procurement department, check whether the description of the procurement object in the terms of reference meets the requirements of Law No. 44-FZ.
This is how it is with us, and it works: the person who forms technical task, is included in the acceptance committee.
Each of the employees of the contract service has its own specialization. How to ensure interchangeability
In our organization, each contract service specialist is busy with a specific task, for example: one plans, the other places notices in the EIS and accepts applications, the third deals with contracts with the supplier. When one of the employees fell ill or went on vacation, the direction was idle - no one knew how to do the work of another. The same problem was with the members of the unified commission. It happened that during the meeting more than half of the commission went on vacation. We solved the problem in three steps.
We train contract service employees in all processes and adhere to the principle of interchangeability. So employees also develop, which implies career growth.
We train employees in advanced training courses and in the process of work. We find out when the specialist goes on vacation, and in advance, for example, a month in advance, we dedicate others to the key tasks that they will have to perform during the employee’s vacation. Since all procedures are carried out within the framework of the schedule, it is not difficult to identify the upcoming volume. For a position pay extra is an additional incentive.
To organize the learning process, follow the scheme:
- Familiarize yourself with professional standards in procurement, decide on which program to train employees - How to apply professional standards: retraining and certification of employees.
- Check out the training tips from the Graduate School of Public Procurement: How to upgrade your skills or get retrained in high school public procurement.
- Decide how to buy educational services, carry out the procedure: How to purchase educational services.
Who can be a member of the procurement committee, see recommendations.
Developed regulations , Where painted the order, in which contract service workers interact with each other.
What to do if you have not allocated money for contract service training
I will give advice to organizations that do not have enough off-budget. There is a way to reduce costs - to unlearn 16 hours, not 108. The term of 16 hours was set by the Ministry of Education and Science of Russia ( item 12 order approved by order of July 1, 2013 No. 499).
In order to receive additional vocational education, the employee undergoes a professional development program and professional retraining. The Ministry of Economic Development and the Ministry of Education and Science of Russia have developed guidelines for organizations that prepare programs for additional education in procurement. The guidelines state that minimum term, which is necessary to master the program - 108 hours. If the head of the customer organization is studying, the period can be reduced to 40 hours. At the same time, it is not necessary to apply methodological recommendations - the document is advisory in nature. Educational institution independently calculates the number of hours for which students master the program. Therefore, it is enough for contract service workers to retrain in the amount of 16 hours. A similar position is taken by the Ministry of Economic Development of Russia in letters dated December 11, 2015 No. OG-D28-15401, dated March 25, 2016 No. OG-D28-3885.
To make it easier to decide which courses to take and make a purchase, use the recommendations of the State Order System:
How to avoid staff turnover due to low salaries
The contract service of our organization faced a problem - the salaries are small, and the fines are large. The result is staff turnover.
We decided to retain specialists with additional payments. We encourage employees to perform their duties in a quality manner. We pay the premium in accordance with the current local acts on bonuses. The procedure for additional financial incentives was fixed in contract service provision. We also pay for liability and presence on the committee. Now employees do not leave us and are interested in additional workload.
From my experience, I will advise five ways to encourage a contract service specialist. Choose which method is right for you.
Method 1. Pay extra for combining jobs
Suppose an employee combines his main position, for example, a lawyer, economist, accountant, and the position of a contract service employee. Labor law allows you to pay the employee letter of the Ministry of Economic Development of Russia dated December 30, 2015 No. D28i-3860).
To pay extra work, issue a combination of positions or an internal part-time job.
| Way | Conditions | Payment |
| Combination of positions | The order of the head, the written consent of the employee in the form of an additional agreement to the employment contract. The work of a contract service employee is performed by a person during the working day | The amount of the surcharge is set in a fixed amount of money or as a percentage of tariff rate or salary |
| Internal combination | A separate employment contract with the employee, all the documents that are provided for when applying for a job. The work of a contract service employee is performed by a person in his spare time from his main job. | Payment is set at employment contract. Upon termination, an employee is entitled to compensation for unused vacation |
- the work that the employee will perform additionally, its content and volume;
- the period during which the employee will perform additional work;
- the amount of additional payment for combining positions.
Based on the concluded agreement, issue an order to combine. Standard form document is not provided, so make order in any form.
The requirements for registration of combination are provided in article 60.2 Labor Code RF.
Method 2. Write out a premium
The basis for the award is the quality performance by the employee official duties. Write out the bonus in accordance with the current local acts on bonuses within budget money for wages. You cannot pay an employee by saving on purchases. Fix the procedure for additional financial incentives in the provision on contract service, for example, as follows:
Method 3: Pay an incentive bonus
The employer has the right to establish an incentive bonus for the intensity and high results of work. Approve in the organization a system of criteria and performance indicators for the contract service, for example:
- timely and prompt work on the preparation of the necessary documentation for procurement and bidding;
- preparation of operational, including unscheduled, reporting and information;
- observance of terms of preparation and transfer of projects of contracts;
- compliance with the deadlines for processing protocols of disagreements.
If the additional functions of a contract service employee are not fixed in the job description, then we are talking about additional work. Frame the increase in work volume as an extension of the service area. Expansion of the service area - the performance, along with one's main job under an employment contract, of an additional amount of work in the same profession or position ( Part 2 Art. 60.2 of the Labor Code of the Russian Federation).
Set additional pay for additional work. The amount of the surcharge is determined by agreement of the parties. To do this, compose order and an additional agreement to the employment contract (art. 60.2 , 151 Labor Code of the Russian Federation).
Method 5. Pay overtime work
Suppose a contract service employee is late at work when it is necessary to quickly conduct a competitive purchase. Pay Extra time like overtime - publish order and obtain the consent of the contract service officer. Consent is issued in the form of a statement.
The order is in the articles. 99
, 149
Labor Code of the Russian Federation.
Pay for the first two hours of processing at least one and a half times, the next hours - at least double. At the same time, in collective agreement, local normative act or employment contract, you have the right to determine the specific amount of additional payment ( Art. 152 of the Labor Code of the Russian Federation).
Who pays the fine for an employee who quit
In order not to run into the problem of our organization, I advise you to do four steps from the instructions right now:
1. Review the job descriptions of contract workers.
2. If there is no clause on responsibility in the job description, enter it, for example, like this:
3. Warn the employee that you are making changes to the job description - draw up notification.
4. Make changes to the job description by order.
Attention: The statute of limitations is one year from the date when the employee violated the law ( Part 1 Art. 4.5 Administrative Code of the Russian Federation).
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