What is an effective employment contract, how does it differ from a regular one, and how to draw it up correctly? Switching to an effective contract according to the rules Effective contract and job description errors

Currently, the concept of an effective contract is present in legislative acts related to improving the accrual system wages employees of budgetary and government organizations. An approximate form has also been developed employment contract – effective contract.

The concept of an effective contract

An effective employment contract is a more detailed form of employment contract, which should include not only work function, but also criteria for assessing the quality and payment of work.

This innovation affects only those organizations whose employees receive wages from the budget.

What is the difference between an effective contract and an employment contract?

The main difference between an effective contract and an employment contract is that the legislative norms governing it clearly indicate expanded requirements that are not found in Article 57 of the Labor Code of the Russian Federation. An effective contract form must include the following information:

• Detailed responsibilities for each employee are in the text of the contract itself.
• A detailed description of the system for calculating remuneration for labor depending on complexity, output, quality, etc.
• All the criteria and standards by which the work of a person will be assessed are indicated.

An effective employment contract is a document that regulates labor relations between the parties, but it contains more information that protects the rights of the employee and encourages him to work better. It can be drawn up on the basis of an existing employment contract, but with the mandatory inclusion of the above requirements.

Transition to an effective contract

The introduction of an effective contract can be done as follows:

• Signing a new developed form of an effective contract with newly hired people.
• For those with whom an employment contract has already been concluded, the effective contract is not re-signed, but an additional agreement to the current document is drawn up and signed.

Before you start concluding new contracts, it is necessary to develop local regulatory documents that will regulate all new requirements, and the form of an effective contract must also be formulated and approved.

Introduction of an effective contract in education

One of the industries where these changes are now being actively introduced is educational institutions. The transition to an effective contract in education involves several mandatory activities.

Action plan for the transition to an effective contract

To begin with, an action plan for the transition to a new contract is developed and approved. It indicates what needs to be done in order to be able to include mandatory requirements in the form of a new contract. These may include:

• Development of provisions on the calculation of incentive bonuses and criteria for their calculation.
• The need to develop a form of contract or additional agreement for those already employed, etc.

The plan must indicate specific deadlines and those responsible for carrying out the activities.

Order to switch to an effective contract: sample

After all the necessary provisions are formulated and approved, an order is issued to switch to an effective contract in education. It is compiled in free form and can:

• Approving an employment contract is a sample of an effective contract that will be used in the future.
• Regulate the procedure for concluding additional agreements.
• Regulate the procedure for notifying employees and familiarizing them with new local regulatory documents, etc.

As a rule, employees need to be warned about upcoming innovations, that is, familiarized with the order at least two months in advance.

Effective contract in education: sample filling

A sample of an effective contract in education can be downloaded below. Let's summarize. An effective contract is a form of employment contract that contains more detailed descriptions conditions where mandatory information is included on what criteria will be used to calculate incentive payments to public sector workers.

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

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

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

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

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

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

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

The difference between an employment contract and an effective contract

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

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

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

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

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

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

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

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

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

The HR service together with the accounting department is entrusted with concluding and developing regulations on personnel remuneration, and carrying out the transition to new operating rules.

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

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

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

The pressing issue of the transition to an effective contract in healthcare institutions is of increased interest among trade union activists, and among personnel officers, and economists of healthcare institutions. A seminar organized by the Trade Union Tercom, held at the end of 2013, was devoted to this topic. F.N. Kadyrov, Deputy Director for Economic Affairs of the Federal State Budgetary Institution "TsNIIOIZ", made a report "Effective contract: new in regulation labor relations in healthcare.” We bring to your attention a continuation of the presentation of the topics discussed by F.N. Kadyrov.

Reasons for making changes to the employment contract

In a previous publication we indicated that, from the point of view labor legislation, the introduction of an effective contract is the introduction of changes to the existing employment contract. In accordance with the order of the Ministry of Labor and social protection Russian Federation dated April 26, 2013 No. 167n “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” (hereinafter referred to as the Recommendations of the Ministry of Labor) it is intended to make changes to employment contracts unilaterally at the initiative of the employer in accordance with Article 74 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code): “In accordance with part two of Article 74 of the Labor Code of the Russian Federation on upcoming changes determined by the parties terms of the employment contract, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in in writing no later than two months, unless otherwise provided by the Labor Code of the Russian Federation.”

At the same time, changes in the employment contract at the initiative of the employer are allowed only when the terms of the employment contract determined by the parties cannot be maintained by the employer. The employer must have objective reasons impossibility of maintaining the currently existing conditions of the employment contract. For example, he introduces new (additional) equipment, and the demand for services provided with its help is great, which forces some workers to transfer to a different work schedule (second shift), etc.

Thus, the employer must not only indicate the reason for changes in the terms of the employment contract, but also prove that the previous working conditions were truly impossible to maintain. That is, it is necessary to specify exactly what reasons are the grounds for changing the terms of the employment contract in this particular case. There are two of them: these are changes in organizational or technological conditions labor. Therefore, when notifying an employee about changes in working conditions, it is necessary to inform him of the reasons for introducing such changes. Otherwise, the actions of the employer (administration of the institution or authority in relation to the head of the institution) will be considered illegal.

What conditions of a valid employment contract with an employee cannot be preserved?

Before touching on the question of what conditions of the current employment contract with an employee cannot be preserved (will be changed), let’s consider what the terms of an employment contract are.

Of all the terms of an employment contract listed in Article 57 of the Labor Code, only the terms of remuneration clearly change with the introduction of an effective contract. This will be a key change in the terms of the employment contract.

Also, the employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulations. legal acts, containing norms labor law, collective agreement, agreements, local regulations, in particular, on clarification in relation to working conditions of this employee rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms.

So, as part of the introduction of an effective contract, the terms of remuneration will be changed and the employee’s responsibilities will be clarified (in terms of achieving performance indicators, etc.).

Other conditions of the employment contract may also change (for example, if the introduction of an effective contract may coincide with the reorganization of the institution, etc.).

Why exactly Article 74 of the Labor Code?

The natural question is: what organizational or technological working conditions have suddenly changed so much that the terms of the employment contract determined by the parties cannot be maintained? In fact, this article of the Labor Code is designed for other situations: replacing equipment that required manual labor with automated systems etc. But there was no other more suitable article for the situation of introducing an effective contract in the Labor Code.

Let us recall that Article 74 does not establish an exhaustive list of what falls under the concept of “change in organizational or technological working conditions”. It states: “in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons )…».

The transition to an effective contract forces one to look for those “other reasons”. When changing the employment contract unilaterally, the employer is obliged to indicate these reasons. What are they? First of all, we note that they cannot be changes in the conditions of remuneration, in themselves, since conditioning a change in the conditions of remuneration on a change in the conditions of remuneration is a logical vicious circle. There must be other reasons that necessitate both changes in wage conditions and clarification job responsibilities.

Next. It is necessary to justify the changes made to the employment contract from the point of view of their inevitability. To do this, it is advisable to refer to the order of the Government of the Russian Federation dated November 26, 2012 No. 2190-R “On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-18”, as well as others related to the introduction of an effective contract regulatory legal acts.

It is this document that contains the reasons why the terms of the employment contract determined by the parties cannot be preserved. These reasons are establishing indicators and criteria for assessing the effectiveness of their activities for employees.

It is the emergence of these indicators and criteria that leads to the need to change the terms of remuneration and clarify job responsibilities in employment contracts.

The procedure for changing an employment contract in accordance with Art. 74 TK

The procedure for changing an employment contract in accordance with Art. 74 TC, in principle, is not very complicated. To a specialist personnel service it is necessary to prepare two copies of the notice warning about the change essential conditions agreement. At the same time, the notification must not only indicate the changes to the employment contract that the employer provides, but also the reasons that serve as the basis for introducing such changes.

One copy is given to the employee; on the other, which remains in the institution, the employee will have to sign for receipt of his copy.

The employee may not immediately express agreement or unwillingness to work under the new conditions. If we are talking about changing the terms of the employment contract, it is enough large quantity workers, then ultimately the HR employee may forget who agreed to the new working conditions and who refused them. Moreover, reluctance to work in accordance with the new terms of the employment contract is often expressed verbally by employees. Therefore, it is better to immediately offer appropriate vacancies when warning an employee about changes in working conditions. These must be all vacancies of the institution - both those corresponding to the employee’s qualifications, and vacancies that are below his qualifications. The only exceptions are those vacancies that are located in another area. The institution is obliged to offer them if this is provided for by the collective agreement or agreement. It should be remembered that vacancies must correspond to the employee’s health status. Therefore, you can either prepare a separate document in two copies (on what remains in the hands of the administration, the employee must sign for receipt), or you can offer vacancies already in the notification of changes in the terms of the employment contract. In this case, you can use approximately the following wording: “In the event that you refuse to continue working under new conditions, we can offer you the following vacancies currently available in the institution...”.

Accordingly, if an employee does not agree to change the terms of the employment contract, but is ready for a transfer, the latter is drawn up in the standard manner. If neither the new working conditions suit the employee, nor a suitable position in which he would like to work was found, it is necessary to dismiss the employee under clause 7 of Art. 77 Labor Code (an employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties).

If the employee agrees to work under new conditions, then two months after he receives the notice, he must sign an additional agreement to his employment contract.

Notification of changes in the terms of the employment contracttc “Notice of changes in the terms of the employment contract”

The written notice is drawn up, as usual, in two copies, one of which is given to the employee, and the other remains with the employer. On the employer's copy, the employee must sign and date the receipt of the notice. If the employee refuses to sign, his refusal is activated. An act of refusal to receive a notification or to sign on it can be drawn up as a separate independent document in accordance with all the rules of office work, or it can be made in a simplified form directly on the notification.

The employee’s consent or refusal can be formulated by the employee directly on the notice (on the employer’s copy), or by signing an additional agreement to the employment contract. But this is only possible when the employee makes a decision immediately, without hesitation. The law does not specify when exactly the employee must give an answer, so it is quite possible that he will need exactly two months to think about it and on the last day he will inform the employer about his decision. In this case, this decision can be formalized in the form of a statement of consent or refusal to work in accordance with the new terms of the employment contract. Expression of consent, again, can be formalized by signing an additional agreement to the employment contract.

According to the logic of the law, the absence of objections from the notified employee indicates that he agrees to change the terms of the contract. Meanwhile, a mere signature on familiarization does not mean consent, and an employee can declare this in court. In case of a possible dispute, the administration of the institution should ensure that the employee signs not only that he has been notified of the changes, but also that he agrees to continue working in such conditions.

So, if an employee agrees to continue working, an additional agreement is concluded with him, which must record all the changes that have occurred in the employment contract.

Conditions that must be met in order for the dismissal of an employee under clause 7 of Art. 77 Labor Code was legal:

3) there are no vacancies in the institution that suit him.

1) the employee is warned about the upcoming changes two months in advance;

2) he refused to continue working;

3) he was offered another job suitable for him;

4) the employee’s refusal of the proposed job has been received.

Documentation can be carried out in the following order:

A. In the absence of vacancies suitable for the employee, taking into account his qualifications and health status.

1. The employee is given a written notice of changes in two months of the essential parameters specified in the employment contract. The notice must clearly indicate which specific terms will be changed and how exactly and when this will happen (no earlier than two months later).

2. On the copy of the notification that remains with the employer, the employee signs: “Notification received (date), signature, transcript.”

3. On the same copy of the notice or in a separate statement, the employee informs the employer of his refusal to continue working under the new conditions.

4. The employer issues an order to dismiss the employee, which indicates the grounds for dismissal and records the fact of absence suitable vacancy, for example: “to dismiss due to refusal to continue working due to a change in the terms of the employment contract and the lack of suitable vacancies, taking into account qualifications and health status (clause 7 of Article 77 of the Labor Code).”

Base:

1. Order on maintaining a new form of employment contract as part of the implementation of an effective contract dated (date) No.... (wording of the order is approximate)

2. Notification dated (date) No....

B. In case of refusal of the offered work.

1. The employee is given a notice of changes in the terms of the employment contract against signature.

2. The employee writes (on the notice or in the application form) a refusal to continue working.

3. He is given a list of vacancies indicating positions (professions) and wages.

4. The employee expresses his refusal of the offered vacancies in writing (or a statement of refusal is drawn up).

5. An order is issued to dismiss the employee, which indicates the basis for the dismissal and records the fact of refusal of the offered work: “dismiss due to refusal to continue work in connection with a change in the terms of the employment contract and refusal of the offered work, paragraph 7 of Article 77 of the Labor Code.”

Base:

1. Order on maintaining a new form of employment contract as part of the implementation of an effective contract dated (date) No.... (wording of the order is approximate).

2. Notification dated (date) No....

3. Refusal to continue work from (date).

4. List of vacancies as of (date).

5. Refusal of the offered work from (date).

It would not be amiss to recall that changes to the terms of the employment contract, which were introduced in accordance with Art. 74 of the Labor Code must not worsen the employee’s position in comparison with the established collective agreement and agreements. Thus, the employer does not have the right to offer the employee changes in working conditions if they worsen the employee’s situation in comparison with the terms and guarantees of the collective agreement and those in force in relation to of this employer agreements on social partnership(industry, territorial, etc.).

Is it always necessary to notify an employee of the transition to an effective contract 2 months in advance?

The introduction of an effective contract must be carried out within the framework of the Labor Code. We have already said that the Recommendations of the Ministry of Labor imply the introduction of an effective contract in accordance with Article 74 of the Labor Code (unilaterally at the initiative of the employer). But there is also Article 72 of the Labor Code (by the way, the main one regarding amendments to the employment contract). It assumes: “Changing the terms of an employment contract determined by the parties, including transfer to another job, is permitted only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.”

Therefore, the following procedure can be carried out. The employee is invited to the HR department and is informed that, in accordance with a number of regulatory documents(they must be listed) throughout the country, public sector workers are being transferred to an effective contract. In this regard, the employee is invited to sign an additional agreement to the employment contract, which comes into force on a specific date and is given this document for review.

If the employee signs an addition to the employment contract, amendments to the employment contract are considered made in accordance with Article 72 of the Labor Code, that is, by agreement of the parties. No two-month notice is required in this case. Please note that changes to the employment contract do not have to be tied to the 1st day of the month, but this may cause difficulties in calculating the value of incentive payments for different criteria(before and after amendments to the employment contract).

If the employee does not agree with the proposal to voluntarily sign an additional agreement to the employment contract, he is given a notice of amendment to the employment contract in accordance with Article 74 of the Labor Code and the procedure described above is carried out in relation to this article.

In accordance with the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012 - 2020, approved by Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, an effective contract is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities, for the appointment of incentive payments depending on the results of its activities and the quality of government (municipal) services provided, as well as measures of social support.

Thus, the essence of an effective contract is to establish a relationship between remuneration and the results of the work of a budget organization.

An effective contract is used in relations with federal employees government agencies, and can also be concluded with employees of government agencies of the constituent entities of the Russian Federation and municipal institutions.

Paragraph 2 of the “Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract”, approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, in relation to each worker the following must be clarified and specified:

• labor function;
• indicators and criteria for assessing the effectiveness of activities;
• amount of remuneration;
• amount of incentives for achieving collective labor results.

How to develop a sample of an effective contract

• wage system (including sizes official salaries, wage rates, additional payments, allowances);
• labor standardization system;
• working conditions based on the results of the special assessment working conditions;
• working hours and rest hours;
• staffing of the institution;
• conditions determining in necessary cases nature of the work (mobile, traveling, on the road, other type of work).

The main challenge in introducing an effective contract relates to the development of measurable performance indicators. These indicators must be carefully thought out and tested. Need to line up unified system requirements for employees arising from the requirements for the activities of the institution itself, provided for in state and municipal assignments and other similar documents.

Without this condition, an effective employment contract will simply remain a longer employment agreement.

The procedure for implementing an effective contract

At first glance, it is not complicated and consists of only four stages, but each stage will require time, attention and comprehensive assessment. Therefore, most consultants recommend creating working group from representatives of the administration, employees and trade union (if there is one).

• The first step is to develop or bring into compliance regulatory documentation regulating the criteria for assessing the effectiveness of the organization’s employees, labor standards taking into account industry specifics, the content and scope of labor functions of each position in accordance with the staffing table. All local documents must be approved and the deadline for their implementation must be determined.
• The second stage involves making appropriate changes to the internal labor regulations, provisions on remuneration, bonuses, incentive and compensation payments, and job descriptions.
• The third stage is the development of an effective contract form for each position to be concluded with newly hired employees, as well as additional agreements to existing employment contracts to bring them into compliance with the requirements.
• The fourth stage will require the strictest possible compliance with the requirements of the Labor Code of the Russian Federation, since it will involve changing the terms of the employment contract at the initiative of the employer - signing an additional agreement to the employment contract with current employees of the institution.

The employer must give the employee at least two months' written notice. If he agrees, enter into an additional agreement with him to the employment contract in the prescribed manner. In this case, you don’t have to wait for the expiration of two months.

If the employee does not agree to conclude an additional agreement, the employer is obliged to offer him in writing another job available in the organization, including a lower paid one, which the employee can take (Part 3 Art. 74 Labor Code of the Russian Federation). However, if a budget institution completely switches to new system wages, it will be difficult to find an employee a vacancy that does not provide for work under an effective contract. In this case, the employment contract is terminated (clause 7, part 1 Art. 77 Labor Code of the Russian Federation).

Sample form of an employment contract (effective contract)

As an example, here is a sample of an effective contract with the chief accountant of a budget institution

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

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

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

For each social sphere activities exist your basic documents, developed to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for the education sector this is the Action Plan (“road map”) “Changes in sectors of the social sphere aimed at increasing the efficiency of education and science”, State Program of the Russian Federation “Development of Education” for 2013 - 2020.

What is an effective contract?

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

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

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

Methodological basis for developing an effective contract

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

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

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

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

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

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in average wages for public sector employees is associated with the efficiency and quality of services
Remuneration Improvement Program	Approved Approximate form an employment contract (effective contract) with an employee of a government agency (Appendix 3).
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the Government of the Russian Federation (for example, Order of the Government of the Russian Federation No. 722 -p)	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated April 23, 2013 No. 32-rp).	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract in a specific region or municipality
Methodological recommendations for the development by public authorities of the constituent entities of the Russian Federation and bodies local government performance indicators subordinate state (municipal) institutions, their managers and employees by type of institution and main categories of workers, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for assessing employee performance specific social sphere, developed at the regional level*	A manual for developing criteria for institutions of constituent entities of the Russian Federation and municipalities
	A manual for developing criteria for assessing the effectiveness of managers budgetary organizations subjects of the Russian Federation and municipalities

* For example, Criteria for assessing the effectiveness of the activities of employees of municipal cultural institutions, approved by the Administration of the rural settlement of the Annovsky village council of the Belebeevsky district of the Republic of Bashkorstan by Resolution No. 69 dated December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated August 20, 2013 No. 1862-r.

How to conclude an effective contract?

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

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

Types of effective contracts

How to develop an employment contract - an effective contract?

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

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

How to make an existing employment contract an effective contract?

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

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

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

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

What terms of the employment contract are subject to change?

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

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

** Corresponding clause of the employment contract.

*** Relevant clause of an effective contract.

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

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

****** Established by the wage regulations, annex to an effective contract, paid for meeting performance indicators.

What to include in an effective contract?

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

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

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

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

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

• labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type work assigned to an employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in qualification reference books, approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
• in the case where it was concluded , the duration of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
• terms of remuneration(including size tariff rate or employee’s salary, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory in nature (name of payment, size, factors determining its receipt); stimulating nature (name of payment, conditions of receipt, indicators and criteria for assessing performance, frequency, size);
• working hours and rest time (if for a given employee of the institution it differs from the working time and rest time regime general rules, operating in the institution);
• compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace;
• conditions determining, if necessary, nature of work(mobile, traveling, on the road, other type of work);
• working conditions at the workplace;
• mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

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

Sequence of actions when introducing an effective contract

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

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

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

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

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

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

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

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

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

Letter of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 No. AP-1073/02 “On the development of performance indicators” (together with the “Methodological recommendations of the Ministry of Education and Science of the Russian Federation on the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators of state (municipal) institutions in the field of education, their leaders and individual categories workers", approved. Ministry of Education and Science of the Russian Federation 06/18/2013).

Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920 “On approval of Methodological Recommendations for the development by public authorities of constituent entities of the Russian Federation and local governments of performance indicators for subordinate cultural institutions, their managers and employees by type of institution and main categories of employees.”

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

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

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