Problems of an effective contract in health care. An effective contract in healthcare: the pros and cons of the new system. Criteria for evaluating effectiveness: instructions for use

The term effective contract was put into circulation in connection with the adoption of the Program for Improving the Remuneration System in State and Municipal Institutions (“The Program for the Phased Improvement of the Remuneration System in State (Municipal) Institutions”, approved by Decree of the Government of the Russian Federation No. 2190-r). Employers in the public sector of the economy are required to apply effective contracts.

An effective contract is understood as an employment contract with an employee of a state or municipal institution, in which the following are most fully formulated: the official duties of the employee; wage conditions.

Including indicators and criteria for evaluating the performance of an employee for assigning incentive payments to him depending on the results of work and the quality of public or municipal services, as well as measures social support.

An effective contract fully complies with Article 57 of the Labor Code and is a form of employment contract with the expansion of certain mandatory conditions (Article 16 of the Labor Code of the Russian Federation).

The essence of an effective contract is to form new system wages tied to the results of the work of a budgetary organization (subparagraph “e”, paragraph 1 of Decree of the President of the Russian Federation No. 597).

The main problem in introducing an effective contract is related to the development of measurable performance indicators. These indicators should be carefully considered and tested.

Need to build single system requirements for personnel arising from the requirements for the activities of the institution itself, provided for in the state and municipal task and other similar documents.

Many budget institutions retain previously applied incentive payments that have low efficiency in modern conditions. For example, for the conscientious performance of duties, the intensity of labor, the quality of labor without specifying specific measurable parameters.

At the same time, use labor obligations and job titles established by the relevant professional standards, and if they have not yet been developed, then by qualification reference books (clause 10 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n).

The transition to an effective contract consists in carrying out activities related to changing the terms of the employment contract, since the clause on remuneration is its integral part (paragraph 5, part two, article 57 of the Labor Code of the Russian Federation).

Moreover, the employer actually introduces a change in working conditions unilaterally - on his own initiative, therefore, it is necessary to strictly follow the Labor Code (Articles 57, 72, 74, 100 of the Labor Code of the Russian Federation).

There are two ways to change the terms of the employment contract determined by the parties (Articles 72, 74 of the Labor Code of the Russian Federation, clause 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n):

1. send a written notice to the employee no later than two months (sample below). If agreed, conclude with him the appropriate supplementary agreement to employment contract according to established order;
2. enclose in writing an additional agreement to the employment contract when switching to an effective contract with the mutual consent of the parties to make changes. In this case, no deadlines need to be observed.

If the state employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available in the institution, including a lower paid one that the employee can take (part three of article 74 of the Labor Code of the Russian Federation). In a situation where a budgetary institution is completely switching to a new wage system, it will be difficult for an employee to find a vacancy that does not provide for work under the conditions of an effective contract. In this case, the employment contract is terminated (clause 7 of the first article 77 of the Labor Code of the Russian Federation).

Sample effective contract

An effective contract with teaching staff should make the work of a teacher more prestigious and contribute to the growth of his salary. How to draw up a contract, read the article.

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

The term effective contract was put into circulation in connection with the adoption of the Program for Improving the Remuneration System in State and Municipal Institutions. Employers in the public sector of the economy should apply such contracts. According to the program approved by the state, work on the transition to an effective contract in education should be completed.

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

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

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

You also need to make changes to the following internal documents educational institution:

Internal labor regulations,
regulation on the system of remuneration, regulation on incentive and compensatory payments,
award clause,
job descriptions and so on.

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

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

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

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

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

To issue labor Relations with a teacher, used approximate form effective contract (employment contract). It is contained in Appendix No. 3 to the Program for Improving the Remuneration System, which is approved by No. 2190-r.

If a teacher just goes to work, then an effective contract is immediately signed with him in an exemplary form. If the teacher is already working, then an additional agreement is drawn up with him, which implies a change in the terms of the employment contract and is also drawn up according to the mentioned approximate form.

Based on the second part of Article 74 of the Labor Code Russian Federation about upcoming changes to the terms of the employment contract previously agreed by the parties, as well as about the reasons that led to the need for such changes, the employer is obliged to notify the teacher in writing no later than two months, unless otherwise provided by the Labor Code of the Russian Federation.

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

If the previously executed employment contract does not contain information about the employer and employee provided for in the sample form, then it is advisable to write this information in an additional agreement to the employment contract.

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

Terms of remuneration for teachers of educational institutions (including salaries, tariff rates of wages, additional payments, allowances);
working conditions of teachers, confirmed by the results of a special assessment of working conditions;
schedule of working hours and rest time;
conditions that determine the nature of work (mobile, traveling, on the road, other nature of work).

Conditions to be reflected in an effective contract:

1. official duties in full;
2. volume additional work, which the teacher performs without exemption from the work specified in the TD;
3. all types of payments and the conditions under which they are charged.

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

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

Effective contracts with employees

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

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

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

Each social sphere of activity has its own basic documents developed in order to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for the education sector, this is the Action Plan (“road map”) “Changes in the sectors of the social sphere aimed at improving the efficiency of education and science”, the State Program of the Russian Federation “Development of Education”.

The Pay Improvement Program defines an effective contract. This is an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating performance for the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures.

So, an effective contract is understood as an employment relationship between an employer and employees based on:

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

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

Medical organizations - Order of the Ministry of Health of the Russian Federation No. 421,
educational organizations - Letter of the Ministry of Education and Science of the Russian Federation No. AP-1073/02;
cultural institutions - Order of the Ministry of Culture of the Russian Federation No. 920;
organizations social service- Order of the Ministry of Labor of the Russian Federation No. 287.

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

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

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

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

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in the average salary of state employees is associated with the efficiency and quality of services
Pay Improvement Program	An approximate form of an employment contract (effective contract) with an employee of a state institution has been approved.
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the government of the Russian Federation (for example, Decree of the Government of the Russian Federation No. 722 -R)	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg No. 32-rp).	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality
Guidelines for the development by public authorities of the constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for evaluating the effectiveness of employees certain social sphere, developed at the regional level	Manual for the development of criteria for institutions of the constituent entities of the Russian Federation and municipalities
	A guide to developing criteria for evaluating the performance of managers budget organizations subjects of the Russian Federation and municipalities

If the employee is already in an employment relationship with the employer, then an additional agreement should be concluded with him to change certain parties terms of the employment contract.

With persons hired, an employment contract is signed in the format of an effective contract.

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

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

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

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

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

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

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

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

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

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

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

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

Labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific view entrusted to the worker of the institution of work). If, according to the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the event that a fixed-term employment contract was concluded, its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
terms of remuneration (including the amount tariff rate or employee salary, bonuses, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory nature (name of the payment, amount, factors that determine its receipt); stimulating nature (name of the payment, conditions for receiving, indicators and criteria for evaluating the effectiveness of activities, frequency, size);
working time and rest time (if for this employee institutions, it differs from the mode of working hours of rest general rules operating in the institution);
compensation for hard work and work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions governing in necessary cases nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and others federal laws.

The employment contract or supplementary agreement may contain additional terms specifying the rights and obligations of the parties to the employment contract. However, these conditions should not worsen the position of the employee in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, the collective agreement, agreements, local regulations, in particular, the conditions for specifying the place of work (indicating the structural unit and its location), for testing .

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

Actions should be as follows:

1. Create a commission in the institution to organize work related to the introduction of an effective contract.
2. To study the basic and additional performance indicators developed and approved by the founder, the quality and performance indicators included by the founder in the municipal assignment for the provision of certain types of services by the organization.
3. Get acquainted with the evaluation mechanism, the system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Carry out explanatory work in work collective on the introduction of an effective contract.
5. Create a section on the official website "Assessing the effectiveness of the institution's activities" for the submission of regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze the current employment contracts of employees for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
7. Develop performance indicators for employees.
8. Taking into account the developed indicators, amend the regulation on remuneration, the provision on incentive payments.
9. Adopt local regulations related to the remuneration of an employee, taking into account the opinion of the trade union committee of the primary trade union organization.
10. Specify the labor function and conditions of remuneration of the employee.
11. Develop individual labor contracts (additional agreements) with employees, taking into account the approved form of an exemplary labor contract, using indicators and approved performance criteria for employees of the institution.
12. Approve the amended job descriptions.
13. Notify employees of changes to certain terms of the employment contract.
14. Conclude additional agreements with employees.

Transition to an efficient contract

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

To do this, we recommend that you carefully study the legal acts of the legislator related to an effective contract: Order of the Ministry of Labor and social protection of the Russian Federation No. 167n “On approval of recommendations on formalizing labor relations with an employee of a state (municipal) institution when an effective contract is introduced” and Section IV “Programs for the gradual improvement of the wage system in state (municipal) institutions, approved by order of the Government of the Russian Federation No. 2190-r” .

As for your employees' concerns about terminating an old employment contract, an effective social service contract is not a new type of legal relationship. This is only a change in the important terms of the agreement (the system of remuneration, the introduction of incentive methods, performance evaluation). That is, you can simply sign an additional agreement with old employees, taking into account changes in the contract. And with new ones - to draw up an effective contract. You can argue this statement by referring to paragraph 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n. Also Art. 57 of the Labor Code of the Russian Federation: “if, at the conclusion of an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or its termination.”

The transition to an effective contract in the social sphere should be carried out according to a certain plan, in compliance with all the requirements of the legislator. It is necessary to inform (in writing) each employee about the transition to the contract, give the appropriate notice (we refer to Article 74 of the Labor Code of the Russian Federation, which states: “the employer is obliged to notify employee in writing no later than two months in advance). At the same time, develop a system for evaluating labor (efficiency) and switch to a more progressive system of remuneration. An exemplary sample of an effective contract in social protection is presented in the "Recommendations for the registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract" approved by Order of the Ministry of Labor of the Russian Federation No. 1b7n.

Effective contract with teaching staff

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

Thus, the essence of such a contract is to establish a relationship between wages and the results of the work of a budgetary organization.

It is applied in relations with employees of federal state institutions, and can also be concluded with employees of state institutions of the constituent entities of the Russian Federation and municipal institutions.

The system of payment (including salaries (official salaries), wage rates, additional payments, allowances);
system of labor rationing;
working conditions following the results of the special evaluation working conditions;
mode of working time and rest of teachers;
staffing of an educational institution;
conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road).

The main problem with the introduction is related to the development of performance indicators. They must be carefully thought out and tested. It is necessary to build a unified system of requirements for employees, arising from the requirements for the activities of the institution itself, provided for in state and municipal legal documents. Without this condition, an effective contract will remain just a more voluminous labor contract and will not ensure its effectiveness.

The Ministry of Education and Science of the Russian Federation has developed several methodological recommendations on the introduction of proven models of an effective contract in the system of vocational training and secondary vocational education and about stimulating the leaders of educational organizations (that is, with teachers). They contain a list of performance indicators for teachers and masters industrial training professional educational organizations, as well as a list of performance indicators for the heads of professional educational organizations.

Also, important performance indicators for teachers, which should be used in the development, are established in Order No. 722-r.

Implementation takes place in several stages:

1. It is necessary to develop or bring into line regulatory documentation that regulates the criteria for evaluating the effectiveness of the work of teachers, labor standards, taking into account industry specifics, the content and scope of the labor functions of each position according to the staffing table. All local documents must be approved, and a timeframe for their entry into force has been determined.
2. Corresponding changes are made to the internal labor regulations, regulations on remuneration, bonuses, incentive and compensatory payments, after which the provision on an effective contract with teaching staff is approved.
3. Models of labor contracts are being developed for each position for newly hired employees, as well as additional agreements to existing agreements to bring them to an effective contract.
4. The most strict compliance with the requirements of the Labor Code of the Russian Federation is required, since the terms of the employment contract change at the initiative of the employer: working teachers sign an additional agreement. The employer must give the employee at least two months' written notice. Upon agreement, conclude an additional agreement with him in the prescribed manner. In this case, the expiration of two months can not wait.

If the employee does not agree, the employer is obliged in writing to offer him another suitable position, including a lower paid one (part 3 of article 74 of the Labor Code of the Russian Federation). If this is not possible, the employment contract is terminated (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

An effective contract in a preschool educational institution

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

Let's answer once again the questions that, despite the fact that the Program was still No. 2190-r, still arise today:

1. What is an effective contract in the DOW;
2. How does the transition to an effective PDO contract happen in practice.

First of all, the introduction of an effective contract, even based on the name itself, implies a higher level of preparation of children for further education at school, since the remuneration system under the terms of such a contract directly depends on end results and performance indicators of each individual employee.

In addition, the use of an effective contract, in its essence, should help solve one of the most pressing problems - eliminating the queue for a child to be placed in Kindergarten.

In essence, an effective contract in the DOW is not an innovation, since it only:

1. Specifies the labor duties of the employee;
2. Determines the main indicators by which the effectiveness of his labor activity is assessed;
3. Correlate the amount of incentive payments in addition to the guaranteed salary, depending on the indicators.

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

1. First of all, you need to develop specific indicators for the possibility objective evaluation labor efficiency both for concluding an effective contract directly with the teachers of the preschool institution, and with the attendants.
2. The norms of Art. 135 of the Labor Code of the Russian Federation, it is stipulated that the adoption by the employer of local acts, on the basis of which a new wage system will be established in the institution, must be agreed with the representative body of employees. It is necessary to take into account the proposals for the application of performance evaluation made by the trade union body of the institution.
3. It is necessary to hold a meeting of the staff, the agenda of which should be to clarify the essence of the program aimed at improving and developing the education system, with the ultimate goal of raising the level of services that kindergarten workers provide to a higher level and material incentives for performance indicators.
4. According to Part 2 of Art. 74 of the Labor Code of the Russian Federation, employees must be notified at least two months in advance that the terms of the employment contract will be significantly changed and in connection with which such changes are coming.
5. In the two-month period until the employee decides whether or not to switch to an effective contract, management must familiarize him with the new conditions of how remuneration will be made in accordance with these changes.
6. Without obtaining the consent of the employee, the manager does not have the right to transfer him to an effective contract. In accordance with the norms of labor legislation, he may be offered another vacancy (lower qualification or less paid).
7. If the employee agrees, the transition is formalized by an additional agreement to the previously signed contract in the manner prescribed by the norms of Art. 72 of the Labor Code of the Russian Federation.
8. When drawing up an additional agreement on the transition of employees to the terms of an effective contract, it is important to take into account that, in accordance with Art. 9 of the Labor Code of the Russian Federation, the level of guarantees, established norms labor law, can not be lowered.
9. It is recommended to hire new employees using the already new form of an effective contract, given in Appendix No. 3 to the program itself, adjusted for each specific case.

Often there are questions related to whether to switch to an effective contract with a head nurse or caretaker of a preschool institution.

The answer lies in the definition of the concept of an effective contract, which in itself is not something completely unknown.

Back in the days of the USSR, similar methods were introduced, taking into account the coefficients of labor participation of each employee when calculating wages.

An effective contract in a preschool educational institution allows you to bring the remuneration system of each employee to a new level, breaking away from tariff scale.

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

According to the Order of the Ministry of Labor of the Russian Federation No. 167n, it is recommended to use the following payments, which are stimulating and compensatory in nature, when remunerating employees of budgetary organizations:

1. Take into account the intensity of the nature of the work performed. At the same time, the additional payment for intensity can be paid in the form of one-time cash bonuses for high rates of completed tasks;
2. An increase in wages in accordance with the qualification category of the employee, which should encourage the employee to strive to improve their skills and raise the level of qualification in the profession;
3. Additional payments, both for length of service and for continuity of work in one institution. Helps eliminate the problem of staff turnover;
4. Payment of incentive bonuses according to the final indicators summed up at the end of certain periods: for a month, a quarter, a calendar year;
5. Surcharges for work in hazardous to health and life conditions;
6. To payment for the main work, stipulated by the conditions employment contract when combining professions, expanding the service area, with an increase in the volume of duties performed, there should be cash bonuses. In cases of performance of the duties of an absent employee without release from their direct duties specified in the employment contract, overtime and night work must be additionally paid;
7. Other payments may be provided that encourage and stimulate employees, if this does not contradict current legislation.

It is important to understand that when switching to an effective contract for remuneration, the part of the salary that is the salary remains unchanged and obligatory for payment.

Other incentive payments can be accrued only if the performance of each individual employee meets the assessment criteria.

The ultimate goal of introducing an effective contract in a preschool educational institution is to bring the level of payment to a decent amount based on the results of a conscientious attitude to their official duties of each employee and the quality results of his work.

Effective contracts in culture

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

The main regulatory legal document that establishes the goals, objectives and measures to improve the system of remuneration of employees of state and municipal institutions in order to implement Decree of the President of the Russian Federation N 597 "On measures to implement state social policy" (hereinafter - Decree N 597) is Program N 2190 -r, which is mandatory for federal state institutions and advisory for state institutions of the constituent entities of the Russian Federation and municipalities.

For cultural institutions, the State Program of the Russian Federation "Development of Culture and Tourism" has also been approved.

In accordance with Decree N 597 and Program N 2190-r, Methodological recommendations have been developed for the development of an action plan to improve the efficiency of the institution in terms of providing public services(performance of work) by a federal state cultural institution under the jurisdiction of the Ministry of Culture of the Russian Federation.

Order of the Ministry of Culture of the Russian Federation N 920 approved Methodological recommendations for the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate cultural institutions, their managers and employees by types of institutions and main categories of workers (hereinafter - Recommendations N 920).

Letter of the Ministry of Culture of the Russian Federation N 124-01-39/04-NM also developed Recommendations for the development of regulatory legal acts for the implementation of measures to gradually increase the wages of workers in cultural institutions.

Decree of the Government of the Russian Federation N 2606-r approved the Action Plan (“road map”) “Changes in the Social Sphere Sectors Aimed at Improving the Efficiency of the Cultural Sphere” (hereinafter referred to as the Action Plan).

By letter of the Ministry of Culture of the Russian Federation N 32-01-39 / 04-NM, Methodological recommendations were developed for amending action plans (“road maps”) aimed at increasing the efficiency of the cultural sector in the corresponding region.

Based on these documents, many of which are advisory in nature, the constituent entities of the Russian Federation and municipalities develop their own documents.

In turn, cultural institutions, taking into account these documents, as well as the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions, approved for the corresponding year by the decision of the Russian tripartite commission for the regulation of social and labor relations, should:

Develop their own local regulations, in particular, establishing criteria for assessing the effectiveness of employees' work;
- amend the existing local acts that establish the system of remuneration. For federal cultural institutions, it is also recommended to develop an action plan to improve the efficiency of the institution's activities in terms of the provision of public services (performance of work) based on the target indicators of the institution's activities, improve the remuneration system, including measures to increase the remuneration of the relevant categories of workers.

The main activities carried out by cultural institutions and aimed at improving the remuneration system, including the preparation of proposals and the approval of indicators of labor efficiency of employees and the conclusion of additional agreements to labor contracts in connection with the introduction of an effective contract or new labor contracts with newly hired employees.

Criteria, indicators and periodicity for assessing the effectiveness of the activities of employees of institutions are established by local regulatory legal acts of institutions, collective agreements, agreements, labor contracts and are determined taking into account the achievement of goals and performance indicators of the institution.

The frequency of assessing the effectiveness of the activities of institutions and their leaders is established by the bodies exercising the functions and powers of the founder.

For the development by state authorities of the constituent entities of the Russian Federation and local governments of indicators of the effectiveness of the activities of subordinate cultural institutions, their leaders and employees, the Ministry of Culture developed Recommendations N 920.

According to Recommendations N 920, performance indicators are recommended to be developed for each type of cultural institution: public (public) libraries, museums, theaters, cultural and leisure organizations, parks of culture and recreation, circuses, circus groups, zoos, concert organizations, independent groups, production, rental and screening of films, broadcasting and television, archives, other institutions of a stationary and mobile nature.

As a basis for the development of performance indicators, it is recommended to use the indicators established in the Program "Development of Culture and Tourism", the Federal target program"Culture of Russia", approved by Decree of the Government of the Russian Federation N 186, the Action Plan, as well as those indicated in departmental lists of state (municipal) services (works), lists of criteria for evaluating the activities of state (municipal) cultural institutions, provisions on incentive payments to heads of state (municipal) ) cultural institutions, other regulatory legal acts of a constituent entity of the Russian Federation or a municipality.

When developing performance indicators, it is recommended to pay attention to the following parameters:

Ensuring the linkage of wages with improving the quality of public (municipal) services provided (performance of work);
- introduction of an interconnected system of sectoral performance indicators from the federal level to specific institutions and employees;
- target indicators of the institution's activities aimed at achieving the indicators determined by the "road maps", including indicators characterizing the implementation of structural and institutional reforms, as well as indicators on the ratio of the average salary of employees of the institution and the average salary in the constituent entity of the Russian Federation;
- indicators of the fulfillment of the state task for the provision of public services (works), the quality of the provision of public services, the growth of income from the provision of paid services compared to the previous period;
- the volume of activities, as well as the number of people who have used the services of a cultural institution (for a year, half a year, a quarter, a month);
- expansion (updating) of the list of services provided to the population (for the same periods);
- implementation of the principle of wage growth in accordance with the growth of labor efficiency of employees.

In terms of the performance of managers, it is recommended to take into account, among other things:

Change in the qualification level of employees (for half a year, a year);
- occupancy rate of the regular number of personnel during the year (month);
- change in expenses for staff development (per year);
- use in the work of cultural institutions modern technologies work (monthly).

When forming performance indicators for the main categories of employees, it is recommended to take into account the following:

The completeness of the use of the working time fund in the relevant period;
- lack of claims from the head to the performance of official duties;
- lack of claims from consumers of services to the quality of work of the employee;
- initiative in work, exchange of experience, as well as other performance indicators.

Number of new and overhauled performances;
- the number of public showings of performances at the hospital (main stage, rented venues), on tour in Russia and abroad;
- the number of public showings of performances for children and youth audiences;
- the number of spectators according to sold tickets;
- the average occupancy of the hall at the hospital (in percent) (for institutions running a ticketing industry, according to sold tickets);
- the number of new productions of performances based on works of contemporary Russian drama (for drama theatres);
- the number of new productions of performances based on the works of modern composers, as well as productions of modern choreographers (for opera and ballet theaters).

The introduction of an effective contract implies a qualitative improvement of labor relations within the framework of labor contracts.

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

As one of the measures to introduce an effective contract, it is recommended to provide for the advanced training of employees of cultural institutions dealing with issues of labor relations and wages.

When formalizing labor relations with the introduction of an effective contract in cultural institutions, as in other state (municipal) institutions, Recommendations N 167n can be applied.

According to paragraphs 4, 5 of Recommendations N 167n, the implementation of an effective contract can be carried out in two ways: by concluding an employment contract with new employees or by concluding an additional agreement to already concluded employment contracts.

An approximate form of such an employment contract is given in Appendix 3 to Program N 2190-r. At its core, this is an employment contract drawn up in accordance with the requirements of the law, but Special attention it should be given the condition of wages. In particular, this applies to incentive payments. In this regard, the contract should specify the labor function (duties), indicators and criteria for evaluating the effectiveness of the employee (manager), the amount of remuneration and incentives. At the same time, the conditions for receiving remuneration and encouragement should be clear to the employee and employer and should not allow double interpretation.

The system of remuneration of employees (including salaries (official salaries), wage rates, additional payments, allowances);
- the system of labor rationing;
- working conditions of employees based on the results of a special assessment of workplaces, as well as other special working conditions for employees;
- working hours and rest time;
- staffing of the institution;
- conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).

Similar recommendations have been developed for an additional agreement to an employment contract. That is, it is recommended to indicate in the condition of remuneration not only the size of the tariff rate or salary, but also specify the conditions for making compensation and incentive payments (names of payments, size, conditions for receiving, frequency, indicators and criteria for evaluating performance).

At the same time, personnel officers should carefully review the previously concluded employment contract for the presence of all the mandatory conditions established by Art. 57 of the Labor Code of the Russian Federation, and in the absence of any condition, include it in the additional agreement.

In addition, it is recommended to include a condition on measures of social support, and in cases provided for by labor legislation and other regulations, other conditions (for example, the specifics of setting the teaching load for teachers of educational institutions of higher and additional professional education, calculating the salaries of teachers, other teaching staff with taking into account the established volume of teaching load).

An employment contract or an additional agreement to it may also provide for additional conditions that specify the rights and obligations of the parties to the employment contract that do not worsen the position of the employee of the institution in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, a collective agreement, agreements, local regulations, established by Art. 57 of the Labor Code of the Russian Federation.

In wage systems, labor contracts and additional agreements to labor contracts with employees of institutions, it is recommended to use the following incentive and compensation payments:

For the intensity and high results of work (surcharge for the intensity of work, bonuses for high work results, for the performance of particularly important and responsible work);
- for the quality of work performed (surcharge for having a qualification category; bonus for exemplary performance of a state (municipal) assignment);
- for continuous work experience, length of service (surcharges for length of service, for continuous work experience);
- bonuses based on the results of work (based on the results of work for the month, quarter, year);
- persons engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor;
- for work in areas with special climatic conditions (regional coefficient, coefficients for work in desert and waterless areas, in high mountainous regions, bonuses for work experience in the regions of the Far North and equivalent areas);
- for work in conditions that deviate from normal (surcharges for combining professions (positions), for expanding service areas, for increasing the volume of work, for performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, for performing work of various qualifications, for work at night);
- allowance for work with information constituting a state secret, their classification and declassification, as well as for work with ciphers;
- others provided for by labor legislation, other acts containing norms labor law as well as collective agreements and agreements.

When establishing a condition on remuneration, one should not be limited to references to the provisions of local regulations containing rules governing the implementation of incentive and compensation payments and nature. And the condition on payments of compensatory and incentive nature is recommended to be specified in relation to this employee of the institution.

If any payments are set in absolute amount (in rubles), it is recommended to indicate this amount, and if the amount of payments is set in percentages, points and other units of measurement - in these units, indicating the conditions under which payments are made.

In conclusion, we note once again that when switching to an effective contract, employers of cultural institutions should, on the basis of federal and regional regulatory legal documents, both general and sectoral, develop criteria and performance indicators for employees and approve them in the prescribed manner. Then it is necessary to make appropriate changes to the regulation on remuneration, as well as develop a standard form of an employment contract and an additional agreement, taking into account an effective contract. As indicators and criteria for labor efficiency are developed for certain categories of workers, it is necessary to conclude employment contracts or additional agreements with them. Before concluding additional agreements, do not forget to notify employees in accordance with Art. 74 of the Labor Code of the Russian Federation for two months on changing the terms of the employment contract on remuneration (as well as other conditions). Moreover, if the employee refuses to work in the new conditions, the employer is obliged in writing to offer another job available to him. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Introduction of an effective contract

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

Normative base for the transition includes:

A program that contains, among other things, an exemplary contract form;
Decree of the President;
action plans developed in various fields of activity at the federal, regional and local levels;
Recommendations on registration of labor relations, approved. Ministry of Labor of Russia;
recommendations on the development of performance indicators in various areas;
evaluation criteria and recommendations for their application, approved in the regions and locally.

The action plan, as a rule, is contained in the order for the transition to an effective contract.

The mandatory form of this order has not been approved, however, according to generally accepted practice, the order usually contains:

Name of the institution and details of the order (date, number);
a provision on the transformation of labor relations with employees in accordance with the requirements for an effective contract;
regulation on the approval of the commission, which is designed to develop performance indicators for employees of the institution, regulations on remuneration and new forms of labor contracts, including additional agreements that change existing labor contracts;
an indication of the need to notify employees of upcoming changes and the conclusion of additional agreements.

Depending on the stage at which the order is issued, it can approve the indicators developed by the commission, the incentive procedure and the form of an effective contract.

The transition order and other documents on this issue (regulations on the assessment of the work of employees, new forms of employment contracts, local acts on remuneration, including incentive payments, etc.) are posted on the official website of the institution.

Additional agreements are concluded with employees who at the time of transfer are in an employment relationship with the employer, taking into account the provisions contained in Article 74 of the Labor Code of the Russian Federation, since there is a change in the terms of the employment contract that cannot be saved.

The employee must be notified at least two months before the change takes effect. If the employee was not notified, but signed an additional agreement, it is considered that the employee, by his actions, expressed his consent to the changes.

With the introduction of an effective contract in education, culture, healthcare and other social spheres an additional agreement is concluded after the development of indicators and evaluation criteria by a particular institution.

The supplementary agreement states:

Reasons for changing the terms of the employment contract (in this case, the Program indicated at the beginning);
labor duties of the employee (if they were not specified or specified in the employment contract);
employee performance indicators and criteria for its evaluation;
the procedure for remuneration, including compensation and incentive payments;
provisions on social insurance and other support measures, etc.

It should be noted that if the terms of the supplementary agreement worsen the position of the employee and contradict labor laws and local regulations, the employee may refuse to sign it and complain about the employer.

An effective contract in healthcare

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

Maintain human resources;
increase the prestige of work in budgetary medical institutions;
bring wages medical workers according to the quality of their work.

While there is much to be gained from the idea of ​​an effective contract, the likelihood of risks must be taken into account when putting it into effect. Especially on initial stage work under the new wage system, when there are many questions about how much money and for what exactly the employees of health facilities will receive.

“It was supposed to organize the payroll system in such a way that both the complexity of the work and its quality were taken into account,” says the manager for project work company SKB Kontur Alina GALIULINA. - But for this it is necessary to solve the problem of the structure of wages. So far, all the proposed systems for evaluating the work of physicians have a number of shortcomings. Initially, the idea was to introduce performance criteria for each position, such as a point system. Each indicator for each specialty is evaluated in points. Then the employee's points are summed up, multiplied by a certain constant, and the received amount is paid to the person. Everything seems to be logical, but this option is bad because every month you need to count the points (and there can be several hundred employees in the health facility), submit this data to economists, and they must calculate the size of the allowances in a short time. This is simply unrealistic, to calculate points you need a department or at least one employee who will only deal with this. ”

Therefore, many health facilities, in order to avoid a huge amount of work with scoring, introduced a system of coefficients and faced a deficit in the wage fund. This happened partly because the payroll was not designed for 100% fulfillment of the plan by all employees, and partly because of the general underfunding of the healthcare sector.

According to Irina TITOVA, head of the personnel department of Krasnoufimskaya RB, their medical institution had many problems with payment. Despite the fact that according to the roadmap, the basic and incentive parts of payment should be 60 and 40%, respectively, in practice, everything is far from being the case and the basic part is much less. So it is not quite clear yet how to achieve the level of wages, which is provided for by the order approved by the President of the Russian Federation.

However, at the same time, Irina TITOVA notes the advantages of paying part of the salary in accordance with the criteria for assessing work: this encourages employees to complete their tasks 100%.

“With the introduction of the new remuneration system, the efficiency of the work of the staff has increased, the efficiency has increased,” says Elena SERMYAGINA, Head of the Human Resources Department of the Sverdlovsk Regional Clinical Hospital No. 1. - Of course, a large amount of work has been added for personnel officers and economists. And we need to continue to analyze the effectiveness of an effective contract, but so far we have not particularly noticed any minuses. And to date, much more systematic work is expected, which justifies the essence of the introduction of effective contracts. There are still many organizational measures to be taken, but in the end, an effective contract will indeed be effective in the full sense of the word. And then the person will know for what and for what he works, the quality of his work and his attitude to work will become better. I do not see anything negative in the introduction of an effective contract. It's just that everything new is perceived with caution by people, and there are always those who do not accept the new, they like to live in the old way.

In some hospitals Sverdlovsk region the transition to an efficient contract has taken place quite recently, but due to underfunding one can hardly expect any positive changes.

“Yes, they renamed the employment contract, expanded it, put duties in it,” says the head of the personnel department of one of the district hospitals. - But if there is no money, then this is just another government profanity. Maybe some healthcare facilities have improved the situation due to the reduction of key positions when introducing an effective contract, but not all of them. But new responsibilities for personnel officers are falling like a snowball, reporting has increased four times.”

Regional departments do not give a clear answer on what to do if there are not enough funds to pay the incentive part of the salary. Therefore, personnel officers and economists of various health facilities are trying to find a way out of this situation on their own.

The Karpinsky Central City Hospital also faced a shortage of payroll, and, as the head of the personnel department, Tatyana VASILYSHINA, says, they had to talk with employees, explain the situation, for what reason the amounts received were less than expected, and also monthly introduce new agreements to the payment agreement. All this, of course, adds paper work to personnel officers.

In turn, the introduction of a directly effective contract did not cause economic turmoil, but the subsequent cut in funding for the hospital also put the hospital economists in a dead end.

Alternatively, you need to initially make a small coefficient for incentive payments in order to meet the planned payroll. But how can you predict in advance how the employee will fulfill the plan? Therefore, now the majority of health facilities conclude effective contracts either with vague wording, or without prescribing indicators at all. But then any test will reveal that there is no point in concluding an effective contract. The best way- calculate the correct coefficient by analyzing the work under the conditions of an effective contract for six months. This requires a lot of effort and time.

Filling out an effective contract

This concept appeared in Russian labor law five years ago, so it cannot be called new. The term was introduced into use by the Decree of the Government of the Russian Federation No. 2190-r, which approved the Program for Improving the System of Remuneration of State Employees.

In fact, this is a standard employment contract drawn up in accordance with Article 57 of the Labor Code of the Russian Federation, which spells out in more detail some conditions that relate to:

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

The transition to a new system of remuneration in an educational institution should ensure a decent level of salaries for teachers and other educators. Therefore, in the contract, its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the performance indicators of the entire educational organization.

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

Decree of the President of the Russian Federation No. 597;
the state program "Development of education", approved by the Order of the Government of the Russian Federation No. 792-r;
a program for the gradual improvement of the wage system in state (municipal) institutions, approved by Decree of the Government of the Russian Federation No. 2190-r;
order of the Ministry of Labor of Russia No. 167n;
letter of the Ministry of Education and Science of Russia No. AP-1073/02 (performance indicators in educational institutions).

In addition, regulatory legal acts of subordinate state, municipal educational institutions approved by local governments for specific cases and branches of education are applied.

It is important to understand that any educational organization must bring its activities in line with the new conditions, that is:

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

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

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

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

When drawing up a regular employment contract, the duties of the employee are approved by the job description, and the conditions for incentive payments are approved by the local regulatory act of the organization. The Ministry of Labor recommends that when drawing up an effective contract, not be limited to referring to the order on compensation and incentive payments, but to write them directly in the document along with labor productivity criteria. These criteria must be evaluated in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will receive guaranteed only the official salary (rate), and all other incentive payments will be accrued only if his work complies with the accepted in an educational institution, indicators of labor efficiency.

The structure of the document will look like this:

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

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

Based on the content of the regulatory legal acts governing the new system of remuneration, the EC should provide, in addition to the teacher's salary, other types of incentive payments and compensations.

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

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

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

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

Notice of transition to an effective contract

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

Notice of change to an effective contract is the main method by which an employer informs its employees of a change to a regular employment contract. Therefore, it must be properly prepared and provided to employees.

The notice must detail the essence of the changes, as well as the date of their entry into force. According to the current legislation, the notice must be handed over to employees who, after reading it, put their signature. However, it must be provided in writing. Since oral notification of the replacement of an employment contract is prohibited by applicable law.

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

As of today unified form the notification just doesn't exist. For this reason, it is perfectly legal for companies to use freeform.

It is also important that the composition of the notification itself is also not established by law. Despite this, there are requirements that must be taken into account.

First of all, the notification must contain a detailed description of the new terms of the effective contract. There should also be a note that explains the need for these changes. A description of the reasons with reference to documents and laws is also an integral part of the notification. The text should contain data on the date the changes come into force.

In addition to following the notice order, the employer must also comply with the notice periods themselves. Under current law, a legal entity is required to notify employees of upcoming changes two months in advance, and if the employer is a religious organization, then no later than seven days. Since effective contracts do not apply to the latter, in our case, the law allocates two months for notification of changes in the terms of an employment contract until the amendments are made.

An effective director's contract

"Effective contract" - an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures . The specification of the terms of an employment contract, which turns it into an effective contract, is contained in the Recommendations on the registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract (hereinafter referred to as the Recommendations), approved by order of the Ministry of Labor of Russia No. 167n.

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

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

From the analysis of this table, it can be seen that the differences between a regular employment contract and an effective contract are, in fact, in the wording. “New” in an effective contract is the inclusion in it of the conditions for making incentive payments (name of payment, conditions for receiving payment, indicators and criteria for evaluating performance, frequency, amount of payment).

Thus, an indicator of the transition to an effective contract will be the use in the text of the employment contract of the term “indicators and criteria for evaluating performance” (in determining which, you can use the letter of the Ministry of Education and Science of Russia No. AP-1073/02 “On the development of performance indicators”).

Therefore, the introduction of an effective contract is nothing more than a change in the conditions determined by the parties to the employment contract, and must be carried out in strict accordance with the labor legislation of the Russian Federation.

This means that in the overwhelming majority of cases, changes to the existing employment contracts of employees can be carried out only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). And the more detailed the indicators and criteria for evaluating the effectiveness of activities, the frequency, the amount of incentive payments are spelled out in the new employment contract (in additions or amendments to the employment contract), the more often it will be necessary to make appropriate changes to employment contracts (for example, when introducing the Federal State Educational Standard, it is quite logical establishing incentive payments for this process, however, when the GEF is implemented, such incentive payments simply become meaningless).

In cases where the employee objects to such changes in the employment contract, the director will find himself in a very unpleasant situation, since without the consent of the employee, the director has the right to make changes to employment contracts only for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code). Code of the Russian Federation).

Such changes can be changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production (paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

And a change in indicators and criteria for assessing the effectiveness of employees' activities cannot be attributed to changes in organizational or technological working conditions, despite the fact that changes in organizational or technological working conditions may entail a change in wage conditions. Therefore, the detailing of all these indicators should be reasonable, and it makes sense to include in the employment contract only those compensation and incentive payments that will be regular and stable (for example, incentive payments for qualification categories). At the same time, it is important not to forget to indicate the frequency and conditions for receiving such payments, otherwise you will have to pay them monthly, regardless of the results of your activities. Regarding those compensation and incentive payments that will be irregular, different in size, it is best to include in the employment contract (addition or amendment of the employment contract) a phrase like: “... as well as other compensation and incentive payments, the procedure, amount and frequency of which is established by the Regulations on wages."

This approach to describing the remuneration system in an employment contract is quite correct, since labor relations are regulated according to the principle of a combination of state (centralized) and contractual (local) regulation (Article 2 of the Labor Code of the Russian Federation).

At the same time, it must be remembered that the failure to include in the employment contract any of the rights and (or) obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer, arising from the terms of the collective agreement, agreements, cannot be considered as a refusal to exercise these rights or fulfill these obligations (part 5 of article 57 of the Labor Code of the Russian Federation). This means that even in the case when no changes and additions have been made to the employment contracts of specific employees, but they are provided for by federal and (or) regional legislative acts, as well as regulations of local governments, local regulations of the educational organization, employees have to the full extent of the stipulated rights (including the right to receive compensation and incentive payments) and perform the stipulated duties in full.

From the foregoing, it becomes clear that an effective contract is not as terrible as it is presented, and there is simply no point in fighting its implementation. Its implementation must be approached calmly and deliberately!

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

However, in order to be among the leaders who are successfully implementing the Program for the gradual improvement of the wage system in state (municipal) institutions, one should not delay its implementation!

And now a little excursion to recent history remuneration of employees of educational institutions in Russia.

For the first time, the need to “take effective measures to improve the financial situation and strengthen the stimulating role of the wages of health workers, the system of social protection of the population, education, culture, science and other institutions, organizations and enterprises located on budget financing; to streamline the ratios in wage levels depending on the complexity of labor and the qualifications of workers, to create a mechanism for maintaining these ratios "was enshrined at the legislative level in the Decree of the Government of the Russian Federation No. This situation in terms of modern information and communication technologies can be called the “System of remuneration of education workers”.

The next time, the problem of “differentiation of wage levels depending on the qualifications and complexity of the work performed, the procedure for determining and the amount of compensation payments, as well as the procedure for determining incentive payments and the criteria for their establishment” was considered in Decree of the Government of the Russian Federation No. 583 “On the introduction of new remuneration systems for employees of federal budgetary and state institutions and federal government agencies, as well as civilian personnel military units, institutions and divisions federal bodies executive branch, in which the law provides for military and equivalent service, the remuneration of which is currently carried out on the basis of a single tariff scale for remuneration of employees of federal state institutions. This is already clearly "The system of remuneration of education workers."

And, finally, “ensuring that the remuneration of employees is in line with the quality of their provision of state (municipal) services (performance of work)”, provided for by the Program for the gradual improvement of the remuneration system in state (municipal) institutions, approved by order of the Government of the Russian Federation No. 2190-r, can qualify for "The system of remuneration of workers in education".

Most likely, this is not the latest version of the “Educational Remuneration System”, which will be introduced in order to preserve human resources, increasing the prestige and attractiveness of work in educational institutions. Although it seems obvious that no effective, no other contract, no system of remuneration will allow you to increase the average wage without increasing the wage fund and/or reducing the number of employees in your educational institution.

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An effective treaty has been proposed by the Government of Russia. The program of phased improvement in state (municipal) institutions for 2012-2018 established an exemplary form of an employment contract (an exemplary form of an effective contract) with an employee of a state (municipal) institution.

An effective contract is primarily an employment contract with an employee, according to which the conditions for receiving remuneration must be clear to the employer and employee and not allow for double interpretation. As follows from the approximate form of an effective contract, an effective contract should clarify and specify the labor function of each employee, indicators and criteria for evaluating the effectiveness of his work, set the amount of remuneration, as well as the amount of incentives for achieving collective labor results.

Also, an effective contract should specify the job responsibilities of the employee, terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided.

An approximate form of effective suggests that it should reflect the measures of social support for the employee.

Appendix No. 3

to the Incremental Improvement Program

wage systems in state (municipal)

institutions for 2012 - 2018

Approximate form

employment contract

with an employee of a state (municipal) institution

___________________________ "__" ___________ 20__

(city, town)

__________________________________________________________________________,

(name of the institution in accordance with the charter)

in the person of ________________________________________________________________________,

(position, full name)

acting on the basis ________________________________________________,

(charter, power of attorney)

hereinafter referred to as the "Employer", on the one hand, and

_________________________________________________________________________,

(FULL NAME)

hereinafter referred to as the “Employee”, on the other hand (hereinafter referred to as the parties), have concluded this employment contract as follows:

I. General provisions

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

(name of position, profession or specialty, indicating qualifications)

and the employee undertakes to personally carry out next job in accordance with the terms of this employment contract:

___________________________________________________________________________

(indicate the specific types of work that the employee must perform under the employment contract)

2. The employee is hired: _____________________________________________

__________________________________________________________________________.

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

divisions of the employer, if the employee is hired by a specific branch,

representative office or other separate structural subdivision

employer with location)

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

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

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

(main, part-time)

5. This employment contract is concluded for: _________________________

__________________________________________________________________________.

(not certain period, a certain period (specify duration), for the execution time

certain work, indicating the reason (grounds) for concluding a fixed-term employment contract

in accordance with Article 59 of the Labor Code of the Russian Federation)

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

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

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

II. Rights and obligations of an employee

9. The employee has the right to:

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

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

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

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

10. The employee is obliged:

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

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

c) observe labor discipline;

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

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

III. Rights and obligations of the employer

11. The employer has the right:

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

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

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

d) encourage the employee for conscientious efficient work;

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

12. The employer is obliged:

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

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

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

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

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

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

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

IV. Salary

13. For the performance of labor duties stipulated by this

the employment contract, the employee is set wages in the amount of:

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

b) compensation payments are made to the employee:

c) incentive payments are made to the employee:

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

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

v. Working time and rest time

16. The following working hours are set for the employee (norms of hours pedagogical work per bet) ____________________________________________

__________________________________________________________________________.

(normal, reduced, part-time)

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

18. The employee is set the following features operating mode

________________________________________________________________.

(specify)

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

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

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

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

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

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

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

__________________________________________________________________________.

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

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

__________________________________________________________________________.

VII. Other terms of the employment contract

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

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

26. Other terms of the employment contract __________________________________.

VIII. Responsibility of the parties to the employment contract

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

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

IX. Change and termination of the employment contract

29. Amendments can be made to this employment contract: by agreement of the parties, when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the parties, at the initiative of the parties, as well as in other cases provided for by the Labor Code of the Russian Federation.

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

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

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

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

X. Final provisions

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

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

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

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

The employee received one copy of this employment contract

__________________________________________________________________________

(date and signature of the employee)

Comments 140

Please send me an agreement on an effective contract by email. mail, [email protected] moving from March 1, working 2 weeks

I need just such an employment contract

Please send me the additional agreement form too [email protected]

Why don't you go back to school if it's so good there and the pay is decent?

Please be kind and send me. email agreement [email protected] thanks in advance.

And please send me the contract.
[email protected]

Agree! It's just to pinch an individual to an additional agreement. In our institution, there is no constant percentage of incentive payments, the additional payment changes every month based on the performance of the employee. An order is issued, and if you do an extra every month. agreements .... nonsense

The program for the gradual improvement of the remuneration system in state and municipal institutions for 2012-2018 determines that an effective contract in a budgetary institution is an employment contract with an employee, which clearly indicates his job responsibilities, all conditions for remuneration, indicators and criteria for evaluating efficiency his work, conditions for receiving bonuses, as well as measures of social support. Thus, an effective contract connects remuneration of labor in the public sector with the results of the work of both a particular employee and a public organization as a whole.

Effective contracts for state employees are used in federal public institutions, as well as are concluded with employees of state and municipal institutions of the constituent entities of the Russian Federation.

In the contract for each position, it is required to specify:

• responsibilities;
• indicators and criteria for evaluating the effectiveness of activities;
• salary;
• additional rewards for achievements.

• wage system (official salaries, wage rates, additional payments, allowances, etc.);
• system of labor rationing;
• working conditions based on the results of a special assessment;
• working hours;
• staffing;
• conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).

The main problem in introducing such an agreement is that it is necessary to develop clear performance indicators that can be easily measured. It is also necessary to build a universal system of requirements for all employees, it should follow from the requirements for the activities of the budgetary organization itself. These requirements are stipulated in the state and municipal task and other similar documents.

If this is not done, you will get an ordinary employment contract, only a very voluminous one. It will not provide the desired performance.

How to implement

The procedure is not complicated and consists of four stages. Each will require time, attention and a comprehensive assessment, so it is recommended to create a special working group, which should include representatives of the administration, employees and the trade union.

Stage 1. Develop or update regulatory documentation that regulates the criteria for evaluating efficiency and labor standards and the responsibilities of each position according to the staffing table. Remember that all internal documents must be approved and put into effect.

Stage 2. Change the internal labor regulations, provisions on remuneration, bonuses, incentives and compensatory payments. These documents and an effective contract should not contradict each other.

Prepare new employment contracts for each position. They will be signed by new employees. For those who are already working, it is necessary to prepare additional agreements to existing labor contracts, and indicate all the innovations in them, thereby equating the conditions with an effective contract.

Stage 4. Sign additional agreements. It is important to remember that in this case the terms of the employment contract change at the initiative of the employer, so it is extremely important to fulfill all the requirements of the Labor Code of the Russian Federation. The first step is to send the employee a written notice no later than two months. To sign an additional agreement to an employment contract, it is not necessary to wait until the end of this period. If the employee refuses, it is necessary to offer him in writing another position, including a lower paid one. At the same time, it is important that the qualifications and experience of the employee allow her to take it (part 3 of Art.

74 of the Labor Code of the Russian Federation). However, if a budgetary institution completely switches to an effective contract, it will not be possible to find a vacancy with the same working conditions. In this case, a dismissal is issued by agreement of the parties (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

A sample of an effective contract with an accountant of a budgetary institution

Tasks and criteria for an effective contract in healthcare

The program for the gradual improvement of wage systems in state (municipal) institutions, which was approved by the Government of the Russian Federation on November 26, 2012, set clear goals:

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

One of the mechanisms for achieving the set goals is the introduction of an effective contract, including in healthcare. The term itself is labor law is not fixed and implies an employment contract containing the criteria for assessing labor efficiency, which are needed to determine the size and conditions for incentive payments. We provide an example of an effective healthcare contract for a nurse.

What to include in an effective healthcare contract

The parameters of the incentive part of wages in healthcare should provide:

• differentiation of wages for those who perform work of varying complexity;
• pay scheme based on performance;
• activities according to the given indicators.

In an effective contract in healthcare, the criteria for evaluating work can be as follows:

• fulfillment of production norms, loads;
• patient satisfaction with treatment outcomes;
• no complaints;
• absence of complaints during the quality examination (internal and external);
• observance of discipline;
• completeness of performance of official duties, etc.

Regulations on payment of healthcare institutions, as a rule, also provide for other incentive and compensation payments:

• bonus for labor intensity;
• award for high performance;
• bonus for the performance of particularly important and responsible work;
• for quality;
• allowance for the presence of a qualification category;
• seniority bonus;
• allowance for continuous service;
• additional payment for the performance of work of various qualifications;
• extra pay for night work.

In addition to the agreement itself, which will be concluded with new employees, a budgetary institution needs to develop an additional agreement to the employment contract, which will be concluded with existing employees upon transition to an effective contract.

Download a sample of an effective healthcare contract for a nurse

Download a sample supplementary agreement to a doctor's employment contract

How to switch to an effective contract

The implementation algorithm for a specific medical organization is as follows:

1. The head of the organization issues an order to implement an effective contract.
2. A commission or working group is created to carry out the work. The composition should include representatives of workers (in the person of the primary trade union organization).
3. Indicators of the effectiveness of the activities of the employees of the organization are developed on the basis of those approved by the executive state authorities or the local government.
4. Model labor contracts are being developed for newly hired employees.
5. Additional agreements are being developed to the employment contracts of those who are already working.
6. Employees are notified of changes in the employment contract in writing no later than two months in advance.
7. Amendments are being made to the Regulations on wages (and, if necessary, developed anew) on the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided.

   Employees get acquainted with the changes under the signature.

8. Adjustment in progress job descriptions employees in terms of new job functions. Amended job descriptions are brought to the attention of employees against signature.

The employee may refuse to conclude an additional agreement to the employment contract. In this case, the employer is obliged in writing to offer him another job available in the organization, including a lower paid one that the employee can take (part 3 of article 74 of the Labor Code of the Russian Federation).

Most often, a budgetary institution completely switches to a new wage system, so it will not be possible to find a vacancy that will not fall under the new conditions. In this case, there is only one way out - to terminate the employment contract (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

In the official duties of an accountant (order of the Ministry of Labor of Russia dated December 22, 2014 N 1061n “On approval professional standard"Accountant") includes: performance of work on maintaining accounting property, liabilities and business transactions(accounting for fixed assets, inventories, production costs, sales of products, results of economic and financial activities, settlements with suppliers and customers, as well as for services rendered, etc.).

Therefore, taking into account the specified job responsibilities for this position, the following performance indicators can be established:

	Name of incentive payment	Indicators and criteria for evaluating the effectiveness of activities	Conditions for receiving payment	Evaluation of the implementation of performance indicators	Periodicity	Payout amount (points/%/rubles)
		Timely and accurate performance of accounting work (name of operation)	Runlevel	Timely and accurate execution	Quarterly
				Presence of minor errors
				The presence of gross errors
	Compensation for high performance	Timely and complete reliability of the information provided, reporting	Runlevel	Timely and complete reliability	Quarterly
				Presence of minor errors
				The presence of gross errors
	Award for the performance of important and responsible work	Transfer of experience to other employees	Availability of a trained worker	Completed	Quarterly
				Not done
	Total (maximum execution)
	Payment for the quality of work performed	Skill level	Availability of a qualification category	Lead Accountant	Monthly	7% of salary
						5% of salary
						3% of salary
	Seniority allowance	Work experience in the specialty (in the industry)	Having the required experience	From 1 year to 5 years	Monthly	2% of salary
				From 5 years to 10 years		3.5% of salary
				Over 10 years		5% of salary
	Performance bonus for the reporting period	Performance of indicators for the reporting period	Degree of fulfillment of planned values	Calculated in proportion to the total value of the assessment of performance indicators	During the reporting period

violations of internal labor regulations;

violations of labor protection and fire safety rules;

creation conflict situations and other factors affecting the reduction in the provision of services (performance) of work);

An effective contract in health care is a special form of an employment contract with a health worker, which details and similarly sets out such provisions as his work function, conditions for earning money and accruing payments that stimulate effective activity.

The procedure for drawing up a new form of an employment contract has its own characteristics, which are set out in legislative acts.

From the article you will learn:

Transition to an effective contract in healthcare

Legislatively, the transition to an efficient contract is enshrined in Decree of the Government of the Russian Federation No. 2190-r dated November 26, 2012. The end date for the planned activities is 2018.

In relation to the healthcare sector, it follows from the meaning of the document that changes in the budgetary sphere occur to motivate medical personnel in activities, as well as increasing the attractiveness medical profession for young professionals.

In the new forms of employment contracts, the medical institution should clarify and detail the content, criteria for evaluating the performance of its work, the size and conditions of incentive and incentive payments.

The legislator clarifies that the conditions that relate to the amount of remuneration must be set out in a form accessible to the employee, not to allow unambiguous wording.

Note that the concept of "effective contract" is not enshrined in the Labor Code of the Russian Federation. This means that “employment contract” is used as the main wording.

Therefore, all legal relations that, one way or another, are connected with the conclusion or change of an effective contract occur according to the same rules as before. The employer should be guided by them in the field of new rules.

The order of the Ministry of Labor of the Russian Federation No. 167n dated April 26, 2013 contains recommendatory provisions on the registration of employees of budgetary institutions with the conclusion of an effective contract under new conditions.

Consider general provisions conclusion of a contract with employees who are working and only entering the workforce, then we will move on to special cases.

An effective contract in healthcare with a new healthcare worker

Since no new norms have been introduced in the Labor Code of the Russian Federation regarding the conclusion of an employment contract, the medical institution must conclude with its employees according to the previous rules.

However, in the conditions of transition to an effective contract, it is necessary to take into account the provisions that are provided for in the main acts:

• existing in a medical facility;
• the current system for calculating the earnings of medical workers, the procedure for establishing allowances for them and various payments, the size of official salaries, etc.;
• labor conditions based on the results of the conducted SOUT;
• the mode of work time of employees and their rest from their immediate duties;
• the staff list of the medical institution, which sets out its structure and the number of positions and rates by profession;
• specific working conditions of certain categories of workers, if they are present - for example, traveling work, mobile, etc.

Since an effective contract provides for work with criteria and performance indicators for health workers, the employer must take into account the methodological recommendations on this issue, which are set out in the following documents:

1. order of the Ministry of Health of the Russian Federation No. 421 dated June 28, 2013 (criteria and performance indicators for employees of subordinate medical institutions, managers and main categories of employees);
2. order of the Ministry of Labor of the Russian Federation No. 287 dated July 1, 2013 (criteria and performance indicators for employees of social service institutions).

Each medical institution should develop and approve model contract(employment contract) according to the new rules, which is supplemented and specified for each new employee.

Change of conditions upon transition to an effective contract

Once again, we note the conditions that should be detailed in an effective contract, as a form of an employment contract:

• labor function of the employee;
• the amount of the salary;
• conditions for the provision and amount of compensation payments;
• conditions for granting and the amount of incentive payments.

In other words, this is still the same employment contract, but which describes in more detail what exactly the employee does in his position, what volumes of his work are provided for and how he is calculated for a job well done.

The program, approved by Government Decree No. 2190-r of November 26, 2012, also provides an exemplary form of an effective contract, which is the basis for budgetary organizations, including those in the healthcare sector.

Let's consider some practical questions which arise at heads of medical institutions.

1. Is it necessary to terminate the previous employment contract with an employee who already works in a medical institution?

• It is impossible to terminate the current employment contract with an employee, since only some of its provisions have changed. They are drawn up in the form of an additional agreement, which will be an integral part of the previous document.

2. Is it necessary to enter into an effective contract with a part-time employee, for example, with a paramedic who works at 1.75 rates?

• Any employment contract is concluded with all employees of a medical institution, and the form of an effective contract is no exception.
• If the paramedic is hired part-time, above the main rate, then two contracts are concluded with him - one for the main rate (1.0), and the second - for 0.75 of the internal part-time rate.
• Similarly, in a situation where a health worker has already been hired on a part-time basis and is undergoing the procedure for implementing an effective contract. Two additional agreements will be signed with him - at the main place and part-time.
• The same rules apply to external part-timers.
• These requirements are quite justified, since the reform of the public sector involves specifying the labor functions of employees and indicators of their effective performance. This means that in any case, changes must be reflected in all labor contracts in force at the medical institution.

3. Is it necessary to draw up an effective contract in healthcare with specialist consultants (for example, doctors), if not labor contracts were previously concluded with them, but civil law contracts?

The health worker refuses to switch to an effective contract

An effective contract in healthcare and its essence is not always clear to the employee, and he may refuse a new form of employment contract.

It must be understood that such a refusal always entails certain legal consequences.

If the health worker does not want to sign an additional agreement to the concluded employment contract, in which the conditions of his remuneration and labor function are set out specifically, then the head of the medical institution must offer him another job.

The proposed job may not suit the health worker, or the employer may not have vacant positions at the moment - in this case, the employment relationship with the employee is terminated.

We recommend that you initially explain in detail to the employee that the new form of the employment contract is supplemented, and it will always specify the conditions for the employee’s work and his remuneration for this work.

In the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 dated March 17, 2004, it was said that when an employer notifies an employee of a change labor agreement, then it is his duty to indicate that the changes are due to new technological or organizational labor conditions.

Government Decree No. 2190-r states that the introduction of a new system of rationing and remuneration of employees in a medical institution can be indicated as new organizational conditions.

In accordance with Art. 77 of the Labor Code of the Russian Federation, one of the grounds for terminating an employment contract is the employee's refusal to continue his activities in the employment contract.

We summarize the procedure for the refusal of a health worker to issue an effective contract:

• The medical institution warns its employees in advance that the terms of their employment contracts will change two months before them;
• If the health worker does not agree to continue working in the new conditions, then in writing the employer is obliged to offer him another available position that corresponds to the level of knowledge and qualifications of the employee. In another locality, vacancies can also be offered, but only if this is provided for by the edition of the employment contract or a local act of the medical institution;
• If a suitable job no, or the health worker refuses it, then the employment relationship with him ends. HR department in the order for the dismissal of such a health worker, he must note the absence of a suitable position, or that the worker refused the proposed options.

How to draw up an additional agreement with an employee

All those sections and clauses of the additional agreement that contain the amended terms of the employment contract should begin with the words: “Section ... of this employment contract should be stated in new edition: …».

The introductory section of the agreement with the health worker to the employment contract consists of the following information:

• details of the document, date of its compilation and registration number;
• date of conclusion of the agreement to the employment contract;
• full details of the health worker with whom the agreement is concluded (name, position);
• name of employer and legal basis for action official on behalf of which the agreement is concluded (for example, on the basis of a power of attorney or a charter).

Below is an example of the design of the introductory section of an additional agreement with a health worker.

Supplementary agreement

to the employment contract No. ___ dated ____

"__" ___________ 20__

___________________________________________________________________________,

(name of the institution in accordance with the charter)

in the person of _____________________________________________________________________,

(position, full name)

acting on the basis ___________________________________________________

(charter, power of attorney)

__________________________________________________, hereinafter referred to as

employer, on the one hand, and ____________________________________________,

(Full name.)

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

have entered into this Supplementary Agreement as follows:

Download an additional agreement with an employee, sample / form >>

Description of the work function of a health worker

When concluding an effective contract with a specific health worker, it is necessary to indicate in its text:

1. The name of his position (for specialists, employees and managers).
2. Working specialty or profession (for working personnel).
3. What kind of work is specifically assigned to the employee.

It must be remembered that if work in a particular profession or position is associated with the receipt by the employee of any preferences and benefits (preferential professions), its name must comply with the professional standard and the qualification directory.

The correct job titles are given for health workers in, which is approved by order of the Ministry of Health of the Russian Federation No. 1183n dated December 20, 2012.

To find the correct job title or profession for non-medical personnel, refer to the following sources:

• single qualification guide(Order of the Ministry of Health and Social Development No. 541n dated July 23, 2010);
• positions of managers and specialists (Decree of the Ministry of Labor of the Russian Federation No. 37 of 21.08.1998);
• tariff-qualification directories of working positions;
• all-Russian classifiers, approved by Rosstandart (for example, order of Rosstandart No. 2020-st of 12/12/2014, resolution of Gosstandart No. 367 of 12/26/1994);

For some positions, you additionally need to specify:

• specialty - for a specialist doctor, in the direction in which he has training and directly performs these duties (for example, an endocrinologist);
• section name medical activities- for deputies of the chief physician (for example, deputy chief physician for medical affairs);
• the full name of the medical position according to the profile - for the head of the department of a medical institution (for example, the head of the surgical department - a surgeon);
• the name of the position with the specialty - for the doctor of the admission department (for example, the doctor of the admission department - general practitioner).

For the titles of medical workers, in accordance with the Decree of the State Standard of the Russian Federation No. 367 of December 26, 1994, the words “senior”, “district”, “leading”, “district”, “chief” can be used in addition.

For example, senior midwife, district pediatrician, head nurse, head nurse, etc.

Consider a practical situation:

It is necessary to correctly indicate the position of the head of the CDL, who has no medical education.

The correct title of the position of the head of the CDL is “head of the clinical diagnostic laboratory - laboratory assistant”. A specialist who worked as a laboratory doctor before 01.10.1999 may be appointed to such a position.

As follows from the nomenclature of medical workers, approved by order of the Ministry of Health of the Russian Federation No. 1183n dated December 20, 2012, the title of the head of the department of the medical institution must be assigned the name of the medical position according to the profile of activity.

The only position that a specialist without medical education can take is a laboratory assistant. In this case, the document contains a clause that only a specialist who was hired for this position before 10/01/1999 can work as a laboratory doctor. If the relevant specialist was hired later, then he cannot take the position of head of the CDL or laboratory assistant.

Specification of the labor function in an effective contract

An effective contract in healthcare allows you to disclose in detail the labor duties of an employee during his working hours.

It is not necessary to indicate exactly how many positions an employee occupies, for example, 0.25 rates. You must enter the total number of hours worked per week.

Also, in an effective contract that specifies the working conditions of a health worker, you can also indicate that the employee combines several positions or professions.

For example, in conditions of shortage of personnel, many nurses also perform the functions of a nurse. This time is not worked out in excess of the norm, since the employee performs this work during his main working day in addition to the main duties stipulated by the employment contract.

The employee is involved in the combination by agreement with the employer, the volume, content and are discussed.

The consent of the employee is reflected in writing. So, you can conclude an additional agreement with the employee or take written consent from him, after which the corresponding order of the head physician is issued.

The description of the labor function should be supplemented with specific duties performed.

It can be pointed out that the labor standards of a health worker are established by the official system of labor rationing of a medical institution.

The job description can be taken from the job descriptions, which are based on qualification characteristics, approved by order of the Ministry of Health and Social Development No. 541n dated July 23, 2010.

If a professional standard has been developed for a specific position, the necessary wording can be taken from this document.

Below is an example of a job description for a pediatrician.

The duties of the employee is to provide medical assistance to the children's population. Including:

• Examination of the patient in order to establish his diagnosis;
• Appointment of medical and diagnostic measures for the children's population, monitoring their safety and effectiveness;
• Development and implementation of individual rehabilitation programs;
• Sanitary and educational work with children and their parents, the formation of a healthy lifestyle of the population;
• Preventive activity of the state of health of children in different age groups, as well as analysis of its effectiveness;
• Monitoring the activities of subordinate middle and junior medical personnel.

It is undesirable to record in an additional agreement that the employee must perform a certain amount of work (for example, to conduct a certain number of tests, studies, appointments, medical examinations).

Also, it cannot be said that the health worker provides assistance only certain groups population, for example, only for paid medical services.

Indication of the specific type of work assigned to the employee An indication of the specific duties assigned to the employee must be made if the health worker does not perform all the duties provided for the position of a doctor, but, for example, part of them. The job responsibilities of specialists are formed based on the qualification characteristics approved by the order of the Ministry of Health and Social Development No. 541n dated July 23, 2010. If a doctor performs only a part of the functions provided for a specific position, for example, he will conduct an appointment and consultation, conduct only a specific study - an ECG, then they should be listed in an effective contract. Also, the specific type of work assigned is indicated when concluding a fixed-term employment contract. For example, if an employee is hired to carry out preventive vaccinations for specific indications, for example, during a flu epidemic.

An employment contract or an effective contract in healthcare must necessarily contain the name of the structural unit in which the health worker will carry out his activities.

When specifying a structural unit, it is important to check the staffing of a medical institution and the list of departments of medical institutions, which are approved by Decree of the Government of the Russian Federation No. 781 of 10/29/2002.

Mistakes by the employer will lead to negative consequences for the employee - with inaccurate wording, the employee may lose his right to receive a preferential early pension.

Salaries in an effective contract

When reflected in the text of an effective contract official salary, it is necessary to indicate its amount in accordance with the regulations of the constituent entity of the Russian Federation, which determine the salaries for the PCG.

PKG are reflected in the following regulations:

• Order of the Ministry of Health and Social Development of the Russian Federation No. 526 of 08/06/2007 (for pharmaceutical and medical workers);
• Order of the Ministry of Health and Social Development of the Russian Federation No. 247n dated May 29, 2008 (industry-wide job titles of specialists, managers and employees); Order of the Ministry of Health and Social Development of the Russian Federation No. 248n dated May 29, 2008 (working specialties and professions).

In which PCG is the position of the head (chief physician) of the medical institution? Professional qualification groups in accordance with Art. 144 of the Labor Code of the Russian Federation are dedicated groups of positions of specialists and professions of workers. They do not include the positions of heads of medical institutions, including the chief physician. In addition, the PCG of a doctor is not provided for by orders of the Ministry of Health and Social Development No. 526 and No. 247n. The remuneration of labor of heads of medical institutions is established in the manner established by Decree of the Government of the Russian Federation No. 583 of 08/05/2008, in regional acts, in documents of municipalities and in the constituent documentation of a medical institution.

In regional medical institutions, it is possible to establish official salaries of employees not according to the PCG, if such an order is directly regulated by a regional act.

Federal medical institutions can also use non-PCG salaries, however, this is not recommended.

Consider two practical situations that are associated with the establishment of official salaries for health workers.

1. Can an employee be given an official salary below the minimum wage.

• A medical institution can set official salaries that are lower than the minimum wage, but the amount of the entire monthly salary of a medical worker cannot be lower than the minimum wage established for the region or country.
• It is necessary to take into account the fact that the earnings of medical workers consist, in addition to the salary, of other payments - stimulating and compensatory in nature. Therefore, a salary that is lower in size cannot be regarded as a violation.
• However, it is important to remember that often other payments may depend on the fulfillment by the employee of certain conditions in his activity, so it is important to take this into account when determining the salary.
• In recent years, medical institutions and other public sector organizations have been striving to increase their employees precisely the guaranteed part of their wages, i.e. raise their salaries first.

2. Is it possible for a health worker to establish a reduced basic salary for the period of probation.

• This approach does not meet the requirements of the law.
• When hiring an employee for a probationary period, this condition must be spelled out in his effective contract. It also indicates the conditions for remuneration of his work, including the specific amount of the official salary.
• In accordance with the requirements of Art. 22 and 56 of the Labor Code of the Russian Federation, a medical institution, as an employer, must pay its employees wages in full, equally evaluate the equal work of their employees, including in monetary terms.
• This is due to the fact that probation in accordance with Art. 70 of the Labor Code of the Russian Federation is initially established in order to check whether the health worker corresponds to the work assigned to him.
• Official salaries are always set in terms of money, in Russian rubles.

3. Does an effective contract need to reflect the amount of the employee's official salary, taking into account personal income tax?

• An employment contract and an effective contract in healthcare assume that the salary of an employee will be set in it, taking into account the income tax of an individual. As you know, personal income tax should tax all the income of an employee, his entire salary.
• In this case, the medical institution acts as a tax agent for the employee, transferring the withheld amounts to the appropriate budget.
• Also, in a medical institution, it is permissible to use, in addition to official salaries, daily or hourly fixed wage rates, when a health worker performs certain complex work in a certain unit of time.
• The amount of such a rate does not include social, incentive and compensation payments.

Efficient healthcare contract and employee compensation

In order to reflect in an effective contract the compensation payments due to the employee, it is recommended to reflect them in the form of such a table:

• in an effective contract, it is worth mentioning only those payments that form the salary of a health worker;
• it is not worth mentioning the compensation associated with the processing of an employee who overfulfilled monthly rate work;
• you can indicate fixed amounts of payments in rubles, or reflect them as a percentage of the amount of the salary (for example, payment for continuous work experience in healthcare - 30% of the official salary);
• if the amount of a particular payment and the conditions for its calculation are precisely determined by the legislator, you can use the following wording in the contract - "other compensation payments are made to the employee in the amount determined by the legislation of the Russian Federation."

Order of the Ministry of Health and Social Development of the Russian Federation No. 822 dated December 29, 2007 established lists of compensation payments for employees of budgetary and state-owned organizations.

The following types of such payments are established in the Labor Code of the Russian Federation:

1. for work at night;
2. for work in working conditions deviating from normal (harmful factors of production);
3. for work in irregular working hours;
4. for work in special climatic conditions (Far North);
5. for work on weekends and holidays.

Incentive payments for health workers in an effective contract

An effective contract in healthcare, among other things, is designed to stimulate the effective work of employees. As such, it provides detailed criteria and performance indicators for an employee to receive these benefits.

Reflect the conditions and amounts of these payments in a special table, which will include the following information:

• the name of the payment due to the employee;
• the condition of its accrual;
• criteria for evaluating the activities of an employee;
• the purpose of achieving a particular criterion (its indicator);
• terms of payments and their frequency;
• amounts or amounts of payments in relation to the official salary.

All payments specified in an effective contract must correspond to the payments and their values ​​approved by the medical institution's remuneration system.

It is not recommended to establish payments that are not related to the performance of the employee and medical institutions, as well as immeasurable and specifically uncertain payments and their conditions, for example, incentive payment for intensive work.

And in payments, an effective contract in healthcare may provide for the following wording: “on the basis of local acts of a medical institution, an employee may be one-time payments stimulating nature, which are provided operating system wages".

The condition of the incentive payment is a specific requirement that a health worker must fulfill in the course of exercising his professional duties in order to accrue it.

For example, such a requirement may be the absence of comments from management or disciplinary sanctions.

The order of the Ministry of Health of the Russian Federation No. 421 dated 06/28/2013 refers to the use of the principle of scoring for the calculation of incentive payments. However, this provision is advisory in nature.

The frequency of specific payments can be different - once a month, once a year, once a quarter, based on the results of work.

December 16 at the Palace of Trade Unions on the square. Labor, 4 hosted a seminar organized by Terkom on effective contracting in healthcare.

Read F.N. Kadyrov (Deputy Director for Economic Affairs of the Federal State Budgetary Institution "Central Research Institute for the Organization and Informatization of Healthcare" of the Ministry of Health of the Russian Federation, Doctor of Economics, Professor, Honored Economist of the Russian Federation) clearly and in detail set out the regulations and facts that are associated with the transition to an "effective contract ", its true purpose, the nuances for leaders in the design of this transition, forecasts for the period up to 2018 regarding the implementation of Presidential Decree 597.
After listening to the lecture, there was a strong feeling that it was being read not for employees, but for managers, since all the stages of transferring subordinates to new format work, methods of "painless" transfer with the help of skillful manipulation of employees and silences, forms of notifications and tactics of the personnel department.
On the other hand, you need to know the enemy by sight. And there are a number of ways for the employee and the team by which one can not prevent the transition - it will happen sooner or later, but delay it, gain time, in response to new demands from the employer, knock out new rights, prescribe subtleties in collective agreement to follow the development of additional agreements to labor contracts.
So, the report on the lecture (with the conclusions of the listener).

What is an "effective contract"?

The term "effective contract" (EC) implies:
- in the narrow sense - an employment contract.
- in a broad sense - a set of measures aimed at improving the quality and accessibility medical care.

An effective contract is primarily aimed at SOLVING THE PERSONNEL ISSUE. The promised increase in wages is only a method of solving it.

At the same time, it is during this period (2013-2014) that the trade union committee and employees have the opportunity to demand payments, since the situation in the legislative sphere at the level of institutions is rather blurred. In almost any situation where an employee is deprived of payments, if an audit is initiated, the issue will be resolved in favor of the employee. In addition, the employer is required to meet the wage ratio indicator in his institution according to the road map.

* What to do if an employee is deprived of incentive payments?

Contact the union!

A representative of a trade union organization, both under the conditions of an "effective contract", and in conditions where the transition to it has not yet taken place, must take part in the work of the commission for calculating incentive payments - it exists in every institution.
It also includes: Chief Accountant, Chief economic department, chief medical officer The decision of the commission is made signed by the chief physician.
In the event that this commission decides to deprive the employee of the incentive payment for any reason, the consent of the representative of the trade union organization is asked.
In such a situation, he must express disagreement with the deprivation of the employee of the incentive payment. And if he fails to convince the employer, then the mechanism is as follows:
The chairman of the trade union organization writes a complaint against the employer (chief physician) on the fact of depriving the employee of payments to the following authorities: the President of the Russian Federation, the Plenipotentiary Representative of the President of the Russian Federation in the region / city, the Ministry of Health of the Russian Federation, the Ministry of Labor, State Inspectorate Labour, Prosecutor's Office, Governor/Mayor, Health Committee, Turkom, Rayzdrav.
The complaint indicates to which authorities copies of the complaint were sent.
The expected result is:
payment of funds in full, since the manager will be called to higher authorities (Gorzdrav, Rayzdrav), and in order to prevent further proceedings from above, he will be ordered to resolve the issue in a manner favorable to the employee.

What criteria for evaluating labor efficiency can be applied to employees?

The criteria, indicators and frequency of assessing the performance of employees are established ONLY by the institution on the basis of methodological recommendations and orders. In other words, the employer can introduce any criteria for assessing labor efficiency for the employee - against this background, the responsibility of the trade union team and workers who are not members of the trade union should increase. It must be emphasized - THE TEAM - since the chairman of the trade union organization is unlikely to cope with such a volume of work. Any worker, even if he is not a member of a trade union, has the right to support and protection of his rights by the trade union organization.

Can an employee be fined under an effective contract?

According to the Labor Code, the use of disciplinary measures is strictly prohibited, except for the penalties provided for by the Code itself, federal laws, charters and regulations on discipline. An employee cannot be forced to work without days off or deprived of vacation. You can't fine an employee.
When an employee commits a disciplinary offense, the employer (Article 192 of the Labor Code of the Russian Federation) has the right to: make an oral or written remark to the employee, announce a reprimand, dismiss the employee. In addition, the procedure for applying disciplinary actions has a clearly stated in Art. 193 of the Labor Code of the Russian Federation algorithm.
In the context of incentive payments, it may not be the imposition of a fine, but the non-accrual of a premium, i.e. if employees fail to fulfill a number of criteria, the bonus will not be partially or completely calculated.
The additional agreement should clearly spell out all the incentive payments due to the employee, the conditions for their non-accrual and the criteria by which they are accrued, as well as the amounts. The employer in the "amount" column may not give specific numbers or points and refer to the collective agreement and the regulation on remuneration, the provision on the calculation of incentive payments.
If you have been withdrawn a certain amount (say, 1000 rubles for non-compliance with the dress code), you have the right to go to court, where the employer will have to explain on what basis this particular amount was withdrawn. Therefore, if such subtleties are not spelled out in local regulations, the court will rule in your favor.

An effective contract as an employment contract.

The concept of an effective contract does not yet exist in the Labor Code - the concept of "employment contract" is used.
In order to improve the quality of medical care, and, accordingly, tighten the demand from medical workers, the government recommends REFINE the employment contract in the form of an effective contract.
That. An effective contract is an employment contract that specifies job responsibilities, wage conditions, performance evaluation criteria for assigning incentive payments, as well as measures of social support for employees.
If earlier it was enough for an employee to perform his job duties without focusing on specific indicators, then when switching to an EC, work will be characterized not only by the performance of a function, but also by a number of specific indicators.
As for existing employment contracts, your management has no right to terminate them and conclude new ones.
In addition, according to the correct algorithm for the transition to EC, the conclusion of additional agreements to employment contracts is one of the final stages.

IMPORTANT! Stages of transition to an “effective contract” or what an ordinary worker and members of a trade union organization need to know.

1. We do not sign any contracts and additional agreements immediately!
By law, you must be given a written notice of a change in the terms of the employment contract determined by the parties (transfer to a new wage system and the need to conclude additional agreements to the EXISTING EMPLOYMENT CONTRACT) no later than 2 months before the transfer.
Amendments to the employment contract in this situation are carried out on the basis of Article 74 of the Labor Code of the Russian Federation (due to organizational or technological changes in working conditions).
In no case is it unacceptable to renegotiate an employment contract (terminate an existing contract and conclude a new one) - since this means dismissal with subsequent employment. Perhaps this is a tactical move in order to eliminate an objectionable employee - they simply may not accept you again.
2. So done general meeting, where you are informed about the need to switch to a new wage system - an effective contract with the need to conclude additional agreements.
3. Then, one by one, the employees are called to the personnel department, where they are verbally notified of the need to sign an additional agreement to the employment contract. Arguments of haste can be different - "it is beneficial for you, everything is clearly spelled out there", "otherwise you will not receive bonuses", "everyone will have to sign anyway", etc.
Don't worry - bonuses will be paid to you, because it is unprofitable for the employer to reduce the average level of wages - his bonus also depends on this. And if they don’t risk not paying, we read the paragraph * What to do if the employee is deprived of incentive payments?
And there is only one reason - for an early or timely transfer, managers are given a bonus.
There are those who will sign right away. To the joy and relief of personnel officers and superiors.
4. Is the employee required to sign an additional agreement immediately?
No. Firstly, you are required to give TWO MONTHS IN WRITTEN NOTIFICATION of changes in the terms of the employment contract determined by the parties.
According to the article of the Labor Code of the Russian Federation, you have 2 months to think. If you do not show your disagreement in any way, after 2 months you will still be transferred to EC.
If you write "disagree" on the notice or in the application addressed to the employer, 2 months after signing the notice you are required to provide vacant position corresponding to your qualifications or less paid*
* it is important that working conditions should not worsen the position of the employee compared to the conditions prescribed in the collective agreement, and the vacancy must be provided in the same locality, for example, an employee of a district hospital in the city should not move to a branch in the village, unless this is provided for by the collective contract.
If there is none or in case of refusal in accordance with article 77, part 1 of the Labor Code of the Russian Federation, you can be fired.

Why wait 2 months then?

In a situation where the employer first of all requires the employee to sign an additional agreement, without foreseeing changes in the collective agreement, the provision on incentive payments, we can talk about a violation of the transfer algorithm to the EC.
The first stage of the transition is the development of a collective agreement with the trade union committee, provisions on incentives (since the additional agreement will contain incentive payments, most likely with reference to the collective agreement and the internal regulation on incentives).
Only after that you can make changes to the employment contract with the employee.
Speaking of the collective agreement, its standard form is laid out in our documents, but in each institution the trade union committee can defend private details, since we are talking about an agreement, a contract - and this implies negotiations, concessions and agreements from BOTH PARTIES. The employer will not miss the opportunity to expand and deepen the range of your job responsibilities - so do not miss the opportunity to receive new rights and additional payments.
In addition, as long as you work under a valid employment contract and the provision on the accrual of incentives, bonuses should be paid to you on an equal basis with other employees. To the threats of the personnel officer (“since you have not signed an additional agreement, you are not entitled to a bonus”), immediately ask for a written justification for such a statement.

Are employees who do not perform medical services included in the list of employees covered by the Decree of the President of the Russian Federation? Should their salaries be raised?

Statistician, accountant, personnel officer of health facilities according to regulatory documents are not included in the list of groups of workers whose wages should be increased, however, this is not prohibited - in the case when the categories of workers indicated in the road map have reached the target level. This issue is up to the employer.
The same applies to employees of children's institutions - raising their salaries is the right of the institution.
It is also desirable to reflect these points in the collective agreement.

How fast will wage increases be?
According to the roadmap, the maximum increase in wages is planned for 2017.
However, until 2015, the pace will be low. First of all, this is due to the calculation of tariffs in accordance with Federal Law 354 of November 30, 2011 "On the size and procedure for calculating the insurance premium tariff."

Why hasn't my payroll increased?

The worker says:
- if, according to Presidential Decree No. 597 and the road map, the salary of a doctor in 2013 should be 129.7% of the average for the region (for doctors in St. Petersburg, the average salary should be about 47 thousand), then working for one and a half two bets I will earn one and a half to two times more - 60-90 thousand.
However, this does not happen. Why?

The assessment of the level of wages is currently carried out for one individual.

How is the average wage calculated?
Based on the order of Rosstat No. 574 dated October 30, 2012, the calculation of the average salary of employees is carried out by dividing the wage fund by the number of INDIVIDUALS for these categories of employees (for example, heads, doctors, nurses, nurses are counted separately). Thus, given the high percentage internal matching in medical institutions, according to the monitoring carried out in accordance with Order 574, the average salary turns out to be higher than the average salary per rate.
And, accordingly, basically, the target indicators are considered achieved - there is no need to pay extra to employees! And the indicators are met, and the stakes are covered, and chief physician receives incentive payments for achieving the set targets. Only the employee is at a loss.
Not all employees will be able to receive the amounts specified in the roadmap. Salary will depend on qualifications, quantitative and qualitative indicators of work. PART OF THE EMPLOYEES WILL NOT RECEIVE THE SALARY IN THE AMOUNT PROVISED IN THE DECREE OF THE PRESIDENT. Thus, STIMULATION is achieved.

What to do in such a situation?
It is clear that from 2013-2014, especially in connection with the transition to an efficient contract, incentive payments by the employer will depend on the achievement of target indicators of the average salary for the institution.
In such a situation, he will be forced to "pull" wages to their employees.
And now let's think about what is more profitable - to work like a normal person, at a rate, go home on time or to an external part-time job and receive a base salary of 17 thousand plus incentives up to 47 thousand, or work for two rates in one institution, earn a salary of 34 thousand and get incentives in the amount of 13 thousand?
Therefore, many workers see a way out in the "Italian strikes" - work strictly according to labor code, with the performance of official duties, standards for admission no more than at the rate, in compliance with the admission regulations.