How to transfer an employee to an effective contract. Regulations on an effective contract in education

Employment contract: effective contract (sample)

Until recently, domestic legislation did not contain not only a model of an effective contract, but also the very concept of such an instrument. However, with the adoption of the 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 of November 26, 2012 N 2190-r, this mechanism for registering labor relations has appeared in domestic practice.

Effective employment contract

The Government of the Russian Federation, by its order, defined an effective contract as an employment contract that has specific and understandable criteria for assessing the work of an individual employee for the purpose of calculating incentive payments.

It should be taken into account that the transition to this type of registration of legal relations with employees must be carried out in strict accordance with the requirements of the Labor Code of the Russian Federation.

Moreover, domestic legislation currently in force allows only employees of state and municipal organizations to be transferred to effective contracts.

Employees of private enterprises cannot be transferred to this form of registration of relations.

When introducing this type of agreement, each employer must perform the following steps:

• specifically define the responsibilities and functionality of each employee of the enterprise;
• develop criteria for assessing the effectiveness of work activity;
• agree not only on the level of payment, but also on incentives;
• obtain the employee’s consent to switch to a new type of contract.

An approximate example of an effective contract (employment contract) is approved in the above-mentioned Order of the Russian Government. Its form can be obtained using the Consultant Plus legal reference system or downloaded from the websites of the authorities of the Russian Federation.

It is important to remember that the ultimate goal of transferring employees to an effective remuneration system is to ensure that the amount of income matches the complexity of the functions performed by the employee.

Effective contract after 2018

Currently, the end date for applying an effective approach to the remuneration of civil servants is 2018.

However, the Government of the Russian Federation did not indicate the termination of its program even after such a date.

For the period of 2017, it is planned to analyze the implementation of the initiative and develop recommendations for its further use.

Taking into account the stated goals, it can be assumed that after 2018, the institution of an effective contract will not disappear from the domestic practice of hiring civil servants.

Effective employment contract: sample

It should be especially emphasized that the Government of the Russian Federation has approved only an approximate form of an effective labor agreement.

Each state and municipal structure has the right to develop its own version of such a document used to transfer employees to an effective method of remuneration.

However, given the relative novelty of such a tool, it is reasonable to use the developed form.

When introducing this system of remuneration for employees, the employer must use the following types of formalization of new relationships:

• upon initial employment - conclude an appropriate agreement;
• To transfer existing employees, it is necessary to resort to additional agreements to existing contracts.

Ignoring this algorithm will not allow you to correctly transfer workers to an effective remuneration system. The new conditions will simply not apply to eligible employees.

Sample of an effective contract

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

What is an effective contract in culture?

This is an employment contract in which:

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

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

Normative base

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

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

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

Performance indicators in cultural institutions

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

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

As a methodological basis for developing performance indicators, the program “Development of Culture and Tourism” should be used, as well as the Federal Target Program “Culture of Russia (2012-2018)”, which was approved by Decree of the Government of the Russian Federation dated March 3, 2012 No. 186.

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

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

Sample of filling out an effective contract with cultural workers

Conditions for an effective contract

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

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

In particular, the employment contract must indicate the following:

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

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

Procedure for introducing an effective contract

In order to make the transition to a new remuneration system with minimal time costs and at the same time comply with the norms of current legislation, you should go through the following steps:

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

Please tell me - the institution has employment contracts with employees and job descriptions. Recently, the institution has the status of a state government institution. Is the transition to effective contracts now mandatory and, if so, how to make the transition correctly. Thank you.

Answer

Answer to the question:

The concept of “effective contract” was introduced in 2012 as part of the approved framework, which is aimed at improving the remuneration system in state and municipal institutions and is designed for implementation in 2012-2018. The use of effective contracts is mandatory for employers who are state or municipal institutions.

Thus, the transition to an effective contract is mandatory for all government agencies, including government ones. The timing of the transition to an effective contract must be agreed with the founder, but in any case, such a transition must be completed by 2018.

An effective contract requires an indication (in detail) of all the employee’s functional responsibilities in the text of the contract (i.e., in this case, the functional responsibilities and job descriptions will need to be transferred specifically to the text of the contract), and, in addition, the terms of remuneration must be specified directly in the contract employee and describe the employee’s performance criteria.

The transition to an effective contract must be made in the manner specified in Art. 74 of the Labor Code of the Russian Federation: the employee must be notified of the upcoming transition to an effective contract 2 months before the transition to an effective contract. If the employee agrees to continue working under new conditions, then an employment contract must be concluded with him, which reflects the new working conditions characteristic of an effective contract.

Sample of filling out a contract:

If employees have previously entered into employment contracts, the transition to an effective contract will be carried out by drawing up an additional agreement, which will set out the employment contract in a new edition:

Implementation of the contract

How to implement an effective contract in an organization

Employers who are state or municipal institutions must completely switch to effective contracts by 2018. To implement an effective contract, employers should:

• conclude (employment contracts) with new employees (Recommendations approved);
• clarify and specify in the employment contracts of already working employees.

For each employee, an effective contract or additional agreement must clarify and specify:

• , in particular .

Specification of the labor function

How to specify an employee’s labor function when implementing an effective contract

When implementing an effective contract, it is necessary to specify the labor functions of employees. A labor function is work in a position in accordance with the staffing table, profession, specialty indicating qualifications, or a specific type of work entrusted to the employee (). When establishing job functions, it is recommended to use the job responsibilities established for the corresponding position in, and if the standard has not yet been developed, then in. This is stated in the Recommendations approved.

Such specification is necessary so that employees clearly understand what job responsibilities are assigned to them and for the performance of what functions they can receive achievements.

Employee performance indicators

How to determine and evaluate employee performance indicators when using an effective contract

The introduction of an effective contract is aimed, in particular, at improving the performance of employees of state and municipal institutions, depending on their achievement of specific indicators of the quality and quantity of state or municipal services provided (approved program). For this purpose, federal, regional and municipal authorities approve performance indicators for institutions of various industry profiles.

Based on such industry indicators, specific employers establish criteria and performance indicators for their employees, taking into account their work function, and prescribe these indicators in employment contracts, additional agreements (approved programs).

These indicators are necessary to evaluate the performance of employees, as well as to link their activities through income with the activities and goals of the institutions. With this approach, the income of employees directly depends on the quality and results of their work, and the staff is most motivated to achieve the performance indicators set for them: if they achieve the indicator, they receive an increase, if they do not achieve it, they will not receive it.

In turn, the achievement of each employee’s own indicators will allow the institution as a whole to achieve the goals of its activities. This is precisely why effective contracts are introduced.

When establishing specific performance indicators for its employees, the employer must proceed from the goals and objectives set for the institution, as well as take into account industry specifics and approximate indicators approved by the authorities. For example, performance indicators and criteria for assessing the performance of employees of social service institutions should allow for a comprehensive and objective assessment of the results of work to satisfy citizens with the quality and quantity of social services provided, as well as to stimulate the improvement of the professional level of employees of the institution. It is recommended to evaluate the effectiveness of their work on the basis of state statistics, reporting, survey results, analysis of open sources of information, etc. This is provided for in paragraphs of the Methodological Recommendations approved.

An effective employment contract is understood as a contract with an employee, which details the employee’s responsibilities and is aimed at achieving high levels of labor productivity.

What is the difference between an effective contract and an employment contract? Such a contract is not something fundamentally new; rather, it is a deep rethinking of the labor relationship between employee and employer and the entire work process. Therefore, the implementation of an effective TD (employment contract) takes place in the already existing legal space of the Russian Federation. The contract is concluded based on the current Labor Code.

Unfortunately, state-owned enterprises in Russia are not particularly efficient. From this there arose a need for a large-scale modernization of the entire budget system in the Russian Federation. It is for this purpose that the concept of an effective contract was developed - to increase labor productivity in the public sector of the economy.

In 2012, a program was launched to improve key indicators in government agencies. These include: educational institutions (schools, kindergartens), medical institutions (hospitals, sanatoriums), and the bureaucratic apparatus. The program is designed for six years, it should be fully implemented in 2018. The legal basis for the project is Order of the Ministry of Labor N167 and Presidential Decree N597.

Types of effective employment contract:

Along with increasing efficiency, it is also planned to significantly increase the salaries of employees of budgetary institutions. Employers of budgetary institutions must conclude an effective contract with all their employees by 2018. The project will cover 100% of the personnel. Although effective TD has become mandatory only for the state. sector, the private sector can also use this concept. Therefore, an overview of the main elements of effective TD will be useful to all employers.

Structure and functions

An effective employment contract is based on existing labor laws and uses the opportunities therein to create a detailed agreement between employee and employer. The main document when drawing up a contract is. Let's look at the sections of an effective contract below.

Labor function

One of the most important sections in any contract is the employee’s labor function. In other words, the definition of job responsibilities is a mandatory clause of the contract.

When switching to an effective contract, the labor function remains unchanged. If the employee was a teacher, he continues to be a teacher and perform a completely identical function. Let's look at each component of an effective contract in more detail, because this information will show the features and differences from an ordinary employment contract.

Salary

In order to increase labor productivity, the Ministry of Labor has developed detailed recommendations regarding the remuneration system. The central concept has become measurable performance indicators. Having achieved them, the employee should be financially rewarded. According to the plan, this will allow solving two problems at once - increasing the level of wages in the public sector and improving productivity.

For each individual institution it is necessary to develop its own key indicators. One system is suitable for a medical institution, and another for an educational institution. If an employer from the private sector decides to adopt the development of the Ministry of Labor, then he will also have to create his own indicators.

The next step after determining the indicators is to create a system of relationships between the reward and indicators. That is, it will be necessary to determine the size of the reward for achieving the established result. In this matter, one should adhere to the golden mean.

Sample of an effective employment contract:

Paying inflated remunerations will seriously put pressure on the company's budget. In addition, an incentive payment that is too high will not be optimal psychologically.

In this case, employees will be strongly focused only on receiving additional payment, while forgetting other important components of the work process (for example, cooperation and communication). Too small a reward is perceived as an insignificant incentive; the employee will not actively strive to achieve the set goals.

To design a payment you will need to indicate:

• Name of incentive payment;
• Condition for receiving - the simplest case would be “achieving 100% of key indicator A”;
• Key indicators (which lead to rewards);
• Frequency of remuneration - payment can be one-time or regular. If there is a link, for example, to a monthly plan, then
• remuneration is paid every month. One-time payments have much less effect in terms of creating a long-term incentive;
• Payment amount.

If the employee refuses to change the terms of the contract, then a rather difficult situation arises. The employer has the right to change the employment contract if there are technological or organizational reasons for this (). The transfer to an effective contract does not imply such grounds.

An example of notifying an employee about the transition to an effective employment contract:

Therefore, the best solution is to convince the employee that an effective contract will be beneficial to him - the level of remuneration will increase and working conditions will improve. The most obvious way to do this is to use numbers and show calculations of his possible salary.

An effective contract can be drawn up separately or as an additional agreement to an existing TD. For new employees, of course, the contract is drawn up separately, as a completely new document. But for employees already employed at the enterprise, it is possible to issue an effective TD in the form of an application.

All wording remains identical to a regular employment contract. The differences, as mentioned above, are in the “Payment” section. Approximate wording of add. The agreement to the employment contract on the transition to an effective contract must contain the following information:

For the performance of official duties provided for in this agreement, the employee is paid a salary in the following amount:

1. Official salary in the amount of 20,000 rubles per month;
2. Incentive payments; — at this point, insert a table with a list of rewards (indicate the name, size, frequency, conditions).
3. Compensations - a similar table, but there is a description of compensation payments.

Conclusion

Increasing labor productivity is a constant challenge facing the enterprise. In 2012, in order to modernize the state. sector, an effective labor contract program was launched. An innovation was the new wage system. It is based on the achievement of key indicators and rewards for this.

Key indicators must be measurable and objective. They are paid in the form of additional salary bonuses; with the help of this scheme, labor efficiency increases. The government program is mandatory for the public sector, but private sector enterprises can also use the government-developed concept.

An effective contract is a type of employment contract. The document regulates the relationship between the employee and the employer.

What constitutes an effective contract?

The regulations of the Russian Federation provide a precise definition of EC. This is an agreement that clearly states all job functions, conditions for issuing incentive payments, and criteria for assessing productivity. The document also needs to indicate social support measures and the amount of incentive payments.

The main function of an effective contract is to motivate employees. This agreement establishes a salary increase depending on the employee's performance. The EC’s conclusion suggests a change in the wage structure:

• Most of them are incentive payments.
• The smaller part is the salary.

The worse an employee performs, the less he will receive. This is the best way to get rid of careless workers and reward responsible specialists.

Functions

Let's consider the main functions of an effective contract:

• Establishing a connection between the quality of work and the amount of payment.
• Attracting conscientious employees.
• Raising the status of the most able-bodied workers.
• Reducing expenses on payments to negligent specialists.

An effective contract benefits both the conscientious employee and the employer.

Features of an effective contract with different categories of employees

Requirements for EC are established by Order of the Ministry of Labor No. 167. There are also separate regulations for different categories of employees:

• Medical staff - Order of the Ministry of Health No. 421.
• Workers in the field of education - Letter of the Ministry of Education and Science No. AP-1073.
• Employees of cultural institutions - Order of the Ministry of Culture No. 920.
• Social workers - Order of the Ministry of Labor No. 287.

Other employees (for example, employees of physical education and sports organizations) can also work under an effective contract, but separate recommendations have not yet been established for them.

Teachers

The gradual introduction of an effective contract for the employment of personnel in educational institutions is approved by the State Program “Development of Education in Russia” (RF Decree No. 295). Goals of introducing a new type of employment contracts:

• Salaries are increased based on qualitative rather than quantitative indicators. If previously additional payments to teachers were made when the teaching load increased, now in order to increase their salaries they need to improve the quality of their work.
• The prestige of a teacher’s job increases due to an adequate salary.

Not only teachers, but also other employees of an educational institution can work under effective contracts: librarians, psychologists.

Approximate criteria for assessing the quality of work, on the basis of which the salary is determined:

• Lesson attendance.
• Good student grades.
• No disciplinary action.
• No injuries or emergency situations in the classroom.
• There are no complaints about the teacher.

It is planned that all employees of educational institutions will switch to EC work by 2018. These deadlines are fixed by Government Decree of November 26, 2012.

Health workers

The contract concluded with healthcare workers must specify the employee's working hours. There is no need to indicate rates in the document. It is necessary to record the total number of working hours per week. The contract can indicate that the employee combines several professions. For example, a nurse works part-time as a nurse.

It is necessary to specify the criteria on the basis of which incentive payments will be calculated. This must be a specific and clear instruction. For example, the criterion for the quality of work is the absence of comments and disciplinary sanctions. All of these terms need to be specified in an effective contract.

Drawing up an effective contract

When drawing up an agreement, you need to focus on Article 57 of the Labor Code of the Russian Federation.

If an already drawn up employment contract does not meet the requirements of the article, all additional conditions are included in the agreement. It is an annex to the main agreement.

The employer must indicate the employee’s job functions, criteria for assessing his productivity, and the amount of incentive payments. All standards are determined on the basis of regulations and collective agreements.

An effective contract must contain the following points:

• Labor function, name of specialty in accordance with qualification reference books approved by the Government of the Russian Federation.
• Conditions for calculating compensation and incentive payments. Conditions are specified for each type of payment. For example, you need to indicate what compensation is being calculated for. According to other criteria, incentives are paid.
• If an employee’s work and rest schedule differs from what is generally accepted in the organization, this point needs to be clarified separately.
• The amount and procedure for calculating compensation for harmful or dangerous work are discussed.

The employment contract may contain additional conditions if they do not violate the rights and interests of the employee.

The procedure for introducing an effective contract in an organization

Proper implementation of EC ensures a reduction in company costs and compliance with the Labor Code of the Russian Federation. Let's look at the order of this operation:

1. Creation of a special commission for the implementation of EC.
2. Development of employee productivity criteria.
3. Familiarization with the state performance monitoring system.
4. Explanatory work with employees regarding the introduction of a new type of contract.
5. Creation of a section on the evaluation of the company’s activities on the official website of the organization. This is necessary for the publication of various regulatory documents.
6. Analysis of existing employee contracts for compliance with Article 57 of the Labor Code of the Russian Federation.
7. Making adjustments to the internal regulations of the enterprise: provisions on wages, incentive payments.
8. Development of additional agreements to the main contract, taking into account all new requirements.
9. Approval of new job descriptions.
10. Conclusion of additional agreements.

IMPORTANT! Particular attention should be paid to explanatory work. Employees must understand that the new payroll system will improve, not worsen, their lives. The principle of calculating incentive payments must be transparent, otherwise disagreements will arise within the team over different salary levels. An employee must clearly understand what the size of his salary depends on. If employees are not confident in the fairness of the new system, there will be no benefit from an effective contract either. Without full-fledged explanatory work, it will not be possible to increase productivity.

Possibility of concluding an effective contract for a trial period

The EC may well be concluded for a trial period. The law does not prevent this in any way. Concluding such a contract has a number of advantages:

• Obtaining an objective picture of the employee’s performance.
• Familiarizing a new employee with the company’s payroll system.
• Reducing the cost of remunerating a negligent employee.

It is important to familiarize the newcomer in detail with all the principles of working under a contract. This type of employment contract is new for Russia, and therefore it is so important to explain all its nuances.