An additional agreement is an effective contract in education. An effective contract in education: a sample filling. Working regime and social support

Employment contract: effective contract (sample)

Until recently, domestic legislation did not contain not only a sample 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 Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r, this mechanism for formalizing labor relations appeared in domestic practice.

Effective employment contract

Government Russian Federation defined an effective contract by its decree as an employment contract that has specific and understandable criteria for evaluating the work of an individual employee in order to accrue incentive payments.

It should be borne in mind 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, the domestic legislation currently in force allows the transfer to effective contracts only of employees of state and municipal organizations.

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

Each employer, when introducing this type of agreement, must perform the following steps:

specifically define the duties and functions of each employee of the enterprise;
develop criteria for evaluating the effectiveness labor activity;
to agree not only the level of payment, but also incentives;
obtain the consent of the employee to switch to a new type of contract.

Sample Sample effective contract (employment contract) is approved in the above Order of the Government of Russia. Its form can be obtained using the legal reference system "Consultant Plus" 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 wage system is to achieve a balance between the amount of income and the complexity of the functions performed by the employee.

Effective contract after 2018

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

However, the Government of the Russian Federation did not indicate the termination of its program 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 registering civil servants for work.

Effective employment contract: sample

It should be emphasized that the Government of the Russian Federation approved only an approximate form of 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 the specified system of remuneration of employees, the employer must apply the following types of registration of new relations:

at the initial employment - to conclude an appropriate contract;
to transfer existing employees, it is necessary to resort to the help of additional agreements to existing contracts.

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

Sample effective contract

Development of an effective contract

Normative base introduction of an effective contract

The introduction of an effective contract is defined:

1. Decree of the President of the Russian Federation of May 7, 2012 No. 597 “On measures to implement the state social policy»;

2. The State Program of the Russian Federation "Development of Education" for 2013-2020, approved by the order of the Government of the Russian Federation of May 15, 2013 No. 792-r;

3. The program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved. Decree of the Government of the Russian Federation of 26.11. 2012 No. 2190-r (hereinafter - the Program);

4. Order of the Ministry of Labor of Russia No. 167n dated April 26, 2013 “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);

5. Letter of the Ministry of Education and Science of Russia dated September 12, 2013 No. NT-883/17 “On the implementation of Part 11 of Article 108 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”” (hereinafter referred to as the Letter).

6. Indicators of the effectiveness of the activities of subordinate state, municipal educational institutions, approved by local governments.

The purpose of introducing an effective contract

Link the increase in teacher remuneration in MBOU secondary school No. 31 with the achievement of specific indicators of the quality of public (municipal) services provided on the basis of:

introduction of an interconnected system of sectoral performance indicators;

establishing incentive payments corresponding to performance indicators, criteria and conditions for their appointment, reflected in the “Regulations on the remuneration of employees of MBOU secondary school No. 31 (hereinafter referred to as the School)”;

cancellation of ineffective incentive payments;

use in assessing the achievement of specific indicators of the quality and quantity of educational services independent system assessment of the quality of the work of the School, which includes, in addition to the criteria for the effectiveness of their work, the introduction of public ratings of the activities of teachers.

General provisions

The transition to an effective contract with teachers is predetermined by the state program of the Russian Federation "Development of Education" for 2013-2020, approved by the order of the Government of the Russian Federation of May 15, 2013 No. 792-r.

The definition of an effective contract is given in the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012 - 2018, approved by order of the Government of the Russian Federation of November 26. 2012 No. 2190-r:

“An effective contract is understood as an employment contract with an employee, which specifies his labor duties, wage conditions, performance indicators and criteria for assessing the effectiveness for assigning incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures” .

Effective contract fully complies with Article 57 of the Labor Code of the Russian Federation andis not new legal form labor contract.

In the effective contract of the School, for each employee, the following are clarified and specified:

1) labor function;

2) indicators and criteria for evaluating the effectiveness of activities;

3) the amount and conditions of incentive payments, determined taking into account the indicators.

At the same time, the conditions for receiving remuneration are clear to the employer and employee and do not allow for double interpretation. Directly in the text of the employment contract, the employee's job responsibilities are reflected taking into account the current duties established by the School's job descriptions for the positions "Teacher", "Educator", "Speech therapist", "Psychologist", "Social teacher".

An effective contract reflects the terms of remuneration (including the size of the tariff rate or salary ( official salary) teacher, additional payments, allowances and incentive payments). An effective contract establishes labor standards.

About incentive and compensation payments

By order of the Ministry of Labor of Russia No. 167n dated April 26, 2013, in wage systems, labor contracts and additional agreements to labor contracts with employees of institutions, it is recommended to use incentive and compensatory nature, including at the School:

a) payments for intensity and high performance :

bonus for labor intensity;

bonus for high performance;

bonus for the performance of particularly important and responsible work;

b) payments for the quality of work performed :

allowance for the presence of a qualification category;

an award for high educational results of the School graduates at the state final certification;

in) payments for continuous work experience, length of service :

seniority bonus;

allowance for continuous work experience;

G) performance bonus payments :

monthly performance bonus;

performance bonus for the quarter;

performance bonus for the year;

e) payments to employees engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor ;

e) payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), expanding service areas, increasing the volume of work performed, overtime work and when performing work in other conditions that deviate from normal):

additional payment for combining professions (positions);

surcharge for expanding service areas;

additional payment for an increase in the volume of work;

additional payment for the performance of the duties of a temporarily absent employee without release from work specified in the employment contract;

additional payment for the performance of work of various qualifications;

and) allowance for work with information constituting a state secret , their classification and declassification, as well as for work with ciphers.

Other compensation and incentive payments are made in accordance with labor legislation, other regulatory legal acts containing norms labor law as well as collective agreements and agreements.

In an effective contract or an additional agreement to an employment contract, the conditions for making payments are specified in relation to each teaching staff of the School.

Registration of labor relations with the introduction of an effective contract is carried out:

when applying for a job the employee and the employer conclude an employment contract in accordance with the Labor Code of the Russian Federation (Appendix No. 1);

with employees who have an employment relationship with the employer , registration is carried out by concluding an additional agreement to the employment contract in the manner established by the Labor Code of the Russian Federation, given in Appendix No. 2. At the same time, it is required to warn the employee about changing the terms of the employment contract in writing at least 2 months in advance (Article 74 of the Labor Code of the Russian Federation).

Expected results from the introduction of an effective contract

The prestige and attractiveness of the professions of workers involved in the provision of state (municipal) educational services will increase.

In MBOU secondary school No. 31, a wage system will be introduced teaching staff linked to the quality of state (municipal) educational services.

The level of qualification of employees involved in the provision of state (municipal) educational services will increase.

With the introduction of an effective contract, quality education will be provided.

Application No. 1.

LABOR CONTRACT

(EFFECTIVE CONTRACT)

with an employee of MBOU secondary school No. 31

Krasnoyarsk "___" _________ ____

Municipal budgetary educational institution "Secondary School No. 31" (hereinafter referred to as the School), represented by the director Olga Vladimirovna Kolpakova, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and citizen _________________________________________________________________________________,

(FULL NAME.)

hereinafter referred to as ___ "Employee", on the other hand, have entered into this agreement (effective contract), as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this employment contract, the employer provides the employee with a job as a teacher, and the employee undertakes to personally perform the following work in accordance with the terms of this employment contract:

1.1.1. respect the legal rights and freedoms of children;

1.1.2. ensure the implementation of instructions on the protection of the life and health of children, the rules of labor protection, safety and fire protection, sanitary and hygienic standards and requirements, monitor the implementation of instructions by other teachers of the educational institution;

1.1.3. ensure the versatile and harmonious development of each child, while observing program standards and Federal government requirements to the structure of the main general educational program approved in a general education institution;

1.1.4. organize their work with children in accordance with the main general education program, coordinate the work of teachers in the implementation of the main general education program, exercise ongoing control over the organization of training, development and education;

1.1.5. create conditions for a variety of activities for children (subject-developing environment), including in the walking area in accordance with the age characteristics of children, assist other teachers in creating a developing environment in groups, select teaching aids, game, didactic material in accordance with age characteristics of children, participate in equipping classrooms with modern equipment, visual aids, methodological, artistic and periodical literature;

1.1.6. use a variety of pedagogically appropriate methods, techniques and teaching aids in accordance with the age characteristics of children;

1.1.7. ensure the use and improvement of methods for organizing the educational process and the use of modern educational technologies, incl. remote;

1.1.8. to comply with the School daily routine, involve children in various activities, organize duty in the classroom and around the School;

1.1.9. coordinate the work on the upbringing and education of children in their class with the specialists of the School;

1.1.10. organize correctional and developmental work with children on the basis of studying the individual characteristics of children (conducting pedagogical diagnostics), recommendations of a teacher-psychologist,

speech therapist, social educator, physical education, teachers-speech therapists for correctional and developmental work;

1.1.11. contribute to the identification and development of children's abilities;

1.1.12. analyze the state and effectiveness of the educational process, predict its course and further development in accordance with modern trends in the development of the education system;

1.1.13. participate in the organization of the current and advanced planning activities of the teaching staff of the School;

1.1.14. to carry out the development of the necessary methodological and didactic support for the content of training, development and education;

1.1.15. to interact with the families of students on the implementation of the main general educational program of the School, to carry out educational and consulting work with parents;

1.1.16. together with medical workers, carry out work to preserve and strengthen the health of children: daily receive children, implement a program of recreational activities, taking into account the age characteristics and health status of children;

1.1.17. timely inform parents, the School administration and medical workers about changes in the health status of children;

1.1.18. immediately inform parents, the School administration about all emergencies related to the life and health of children (injuries, accidents, unauthorized departure from educational institution etc.), about the identified violations related to the threat to the life and health of students;

1.1.19. control the safety of equipment used in the educational process, visual and technical means;

1.1.20. keep a daily attendance record of children, find out the reasons for their absence in a timely manner, monitor the maintenance of attendance records by other teachers;

1.1.21. control and coordinate the work of specialists within the framework of a single educational process;

1.1.22. help children get additional education through the system of additional education: art studio, choreography studio, karate section, vocal lessons, etc.;

1.1.23 draw up a grid of organized extracurricular educational activities and on additional education of children of their class, to control its observance;

1.1.24. conduct methodological activities, have an individual educational program;

1.1.25. present the results of their pedagogical activity on the various levels: practice-oriented seminars, competitions of pedagogical skills (including remote ones), publications, open lessons, master classes, etc.;

1.1.26. participate in the preparation and implementation pedagogical councils, methodological meetings, prepare the necessary materials and speak;

1.1.27. ensure the timely preparation, approval, and submission of reporting documentation;

1.1.28. systematically improve their professional level through training in thematic courses different levels and refresher courses at least once every 3 years;

1.1.29. participate in the preparation and certification of teaching staff of the School;

1.1.30. to behave with dignity ethical standards behavior in a team. Be attentive and polite with parents (legal representatives) and employees of the institution. To maintain the discipline of children on the basis of human dignity, to prevent methods of physical and mental violence;

1.1.31. ensure the safety of equipment, furniture, property of the premises assigned to it, methodological literature, manuals. Use effectively educational equipment, economically and rationally spend energy and material resources;

1.1.32. to execute the orders and instructions of the School administration within the established time limits, to submit reporting documentation in the prescribed form to the director or deputy director for educational work in a timely manner;

1.1.33. undergo certification in order to confirm compliance with the position held (in the absence of a qualification category) based on an assessment professional activity;

1.1.34. undergo mandatory periodic medical examinations in a timely manner, comply with sanitary regulations, occupational health.

2. TERM OF THE CONTRACT

2.1. This employment contract is concluded for: ______________________________________

__________________________________________________________________________________

(indefinite period, definite period, reasons for imprisonment fixed-term contract)

2.2. This employment contract shall enter into force on "__" ______________ 20__.

2.3. Start date "__" _____________ 20__

3. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

3.1. The employee is obliged:

3.1.1. conscientiously fulfill their official duties under this employment contract;

3.1.2. comply with the rules of internal work schedule educational institution and other local regulations of the Employer;

3.1.3. observe labor discipline;

3.1.4. comply with the requirements for labor protection and ensuring labor safety;

3.1.5. take care of the property of the Employer and other employees;

3.1.6. immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer;

3.1.7. not to give interviews, not to hold meetings and negotiations related to the activities of the Employer, without prior permission from the management;

3.2. The employee has the right to:

3.2.1. providing him with work stipulated by this employment contract;

3.2.2. ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

3.2.3. 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;

3.2.4. participation in the management of the School;

3.2.5. protection of their professional honor and dignity;

3.2.6. freedom of choice and use of teaching and upbringing methods, teaching aids and materials, textbooks, methods for assessing subject and universal educational activities in accordance with the main educational program of the School; approved by the educational institution, methods for assessing the knowledge of students, 3.2.7. other rights established by the current legislation of the Russian Federation.

4. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

4.1. The employer is obliged:

4.1.1. comply with laws and other regulatory legal acts, local regulations, the terms of this agreement;

4.1.2. ensure the safety and working conditions of employees that comply with state regulatory requirements for labor protection;

4.1.3. provide the Employee with the work stipulated by this agreement;

4.1.4. provide the Employee with premises, equipment, educational and methodical literature and other means necessary for the performance of his labor duties;

4.1.5. pay in full the wages due to the Employee within the time limits established by the Legislation;

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

4.1.7. carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;

4.1.8. to acquaint the employee against signature with the adopted local regulations directly related to his labor activity;

4.1.9. perform other duties established by the current legislation of the Russian Federation.

4.2. The employer has the right:

4.2.1. encourage the Employee for conscientious efficient work;

4.2.2. demand from the Employee the performance of labor duties under this employment contract, respect for the property of the Employer and other employees, compliance with the Internal Labor Regulations;

4.2.3. bring the Employee to disciplinary and financial liability in accordance with the procedure established by the current legislation of the Russian Federation;

4.2.4. exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

5. CONDITIONS OF PAYMENT OF THE EMPLOYEE

5.1. For the performance of labor duties, the employee is set a salary, consisting of a basic and stimulating parts.

BUT). The base part consists of the main and special parts.

a). Basic body salary wages are calculated on the basis of the official salary and multiplying factors.

The official salary is ________________ rubles per month.

Increasing coefficients:

Industry Award - ______

b).Basic special part salary consists of compensation payments and additional payments established by labor legislation, other regulatory legal acts containing labor law norms, local acts of the institution, a collective agreement, agreements, this employment contract.

Compensation payments:

B).Stimulating part is set in amounts based on the criteria and indicators of the quality and effectiveness of work approved by the local act of the institution, the collective agreement and agreements.

5.2. Wages are paid to the Employee by non-cash transfer to the Employee's bank account within the time limits established by the Legislation.

5.3. 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.

6. MODE OF WORKING TIME AND REST TIME

6.1. A six-day work week is established with a day off - Sunday.

6.2. To conduct methodical work, the Employee is provided with a methodical day.

6.3. Volume teaching load(pedagogical work) of the Employee is set at the rate of __ hours according to curriculum (curricula). Study load ( pedagogical work), the volume of which is more or less than the norm of hours for the wage rate, can be established only with the written consent of the Employee.

6.4. The employee is granted an annual basic extended paid leave of 64 calendar days.

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work for this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

6.5. By family circumstances and others good reasons An employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the School.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Rules of the internal labor regulations of the Employer, other local regulations of the Employer, as well as causing the Employer material damage he bears disciplinary, material and other responsibility in accordance with the labor legislation of the Russian Federation.

9.2. The Employee is obliged to compensate the Employer for the direct actual damage caused to him. Lost income (lost profit) is not subject to recovery from the Employee.

9.3. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

10. AMENDMENT AND TERMINATION OF THE CONTRACT

10.1. Amendments may be made to this employment contract: by agreement of the parties, when the legislation of the Russian Federation is changed 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 contract.

10.2 .. If the employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in the organizational or technological working conditions, the employer is obliged to notify the employee in writing not later than 2 months (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 in person and against signature at least 2 months before the dismissal (Article 180) of the Labor Code of the Russian Federation).

10.3. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.4. Additional grounds for termination of this agreement with the Employee:

10.4.1. Repeat within one year gross violation school charter.

10.4.2. The use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student or pupil.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the legislation of the Russian Federation.

11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES

13. SIGNATURES OF THE PARTIES

Employer: Employee:

___________________(______________) _______________(____________________)

M.P

A copy of the employment contract received (a) in the hands of __________________________________

Application number 2.

Additional Agreement No._____

to the employment contract No. ___ dated "___" ____________ 20___

MBOU secondary school No. 31 "___" ________ 20___

Leninsky district

Krasnoyarsk

Municipal budgetary educational institution "Secondary school No. 31" (MBOU secondary school No. 31), in the facedirector Kolpakova Olga Vladimirovna, acting on the basisCharter", referred to in further"Employer" , on the one hand, and _______________________

_________________________________________________________________,

hereinafter referred to as the "Employee", on the other hand, have accepted this agreement, which is an integral part of the employment contract No. ___ dated "___" ___________ 20___, concluded betweenMBOU secondary school No. 31

and ________________________________________________________________,

1. State paragraph 13 of the section in the following wordingIV"Salary":

13. For the performance of labor duties stipulated by this Employment Agreement, the employee is paid a salary 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:

2. The terms of the Employment Agreement not affected by this agreement remain unchanged.

3. This agreement shall enter into force on "___" __________20___.

4. This agreement is drawn up and signed in two copies: one for each of the parties, and both copies have equal legal force.

Details and signatures

EMPLOYER EMPLOYEE

The employee received one copy of this Employment Agreement

_________________________________________

(date and signature of the employee)

Sample an effective treaty(effective contract)

LABOR CONTRACT

(EFFECTIVE CONTRACT)

with a municipal worker

u.Dalakhai. "___"_________ ____ G.

Municipal autonomous educational institution "Dabatuy secondary comprehensive school”, represented by Director Bazarov Rodion Badmaevich, acting on the basis of the Charter, hereinafter referred to as the “Employer”, on the one hand, and citizen __________________________________________________________________________________,

hereinafter referred to as ___ "Employee", on the other hand, have entered into this agreement (effective contract), as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1.1. respect the legal rights and freedoms of children;

1.1.3. ensure the versatile and harmonious development of each child, while observing the program standards and federal state requirements for the structure of the main general education program approved in the general education institution;

1.1.4. organize their work with children in accordance with the main general education program, coordinate the work of teachers in the implementation of the main general education program, exercise current control over the organization of the educational process;

1.1.6. use a variety of pedagogically appropriate methods, techniques and teaching aids in accordance with the age characteristics of children;

1.1.7. ensure the use and improvement of methods for organizing the educational process and the use of modern educational technologies, incl. remote;

1.1.8. observe the daily routine (taking into account the age of children), involve children in a variety of activities, provide hygienic care for children, organize self-service work;

1.1.9. coordinate the work on the upbringing and education of children in their class with the specialists of the educational institution;

1.1.10. based on the study of the individual characteristics of children (conducting pedagogical diagnostics), the recommendations of a psychologist teacher, music director, physical education instructor, speech therapist teacher conduct correctional and developmental work with children;

1.1.11. contribute to the identification and development of children's abilities;

1.1.12. analyze the state and effectiveness of the educational process, predict its course and further development in accordance with modern trends in the development of the education system;

1.1.13. participate in the organization of current and long-term planning of the activities of the teaching staff;

1.1.14. to carry out the development of the necessary methodological and didactic support for the content of educational work with children;

1.1.15. to interact with the families of students on the implementation of the main general education program, to carry out educational and consulting work with parents;

1.1.17. timely inform the director of the educational institution and medical workers about changes in the health status of children;

1.1.18. immediately inform the director of the educational institution about all emergencies related to the life and health of children (injuries, accidents, unauthorized departure from an educational institution, etc.), about identified violations associated with a threat to the life and health of students;

1.1.19. control the safety of those used in educational educational process equipment, visual and technical means;

1.1.20. keep a daily attendance record of children, find out the reasons for their absence in a timely manner, monitor the maintenance of attendance records by other teachers;

1.1.21. control and coordinate the work of young specialists within the framework of a single educational process;

1.1.22. assist in obtaining additional education for children through a system of circles, sections, studios, etc.;

1.1.23 draw up a grid of organized educational activities for additional education of children, monitor its observance;

1.1.24. take part in organizing interaction with representatives of educational institutions to address issues of continuity of preschool and primary school education;

1.1.25. participate in the preparation and conduct of pedagogical councils, prepare the necessary materials;

1.1.26. ensure the timely preparation, approval, and submission of reporting documentation;

1.1.27. participate in the selection and placement of teaching staff;

1.1.28. participate in the implementation of the plan for advanced training of teaching staff, manage the professional training of teachers;

1.1.29. participate in the preparation and certification of teaching staff of educational institutions;

1.1.30. watch your growth professional excellence, engage in self-education, summarize and present the experience of their pedagogical activity for colleagues and parents at the district, republican, regional and federal levels, systematically improve their professional level through training in thematic courses of various levels and advanced training courses;

1.1.31. behave with dignity, observe ethical standards of behavior in the team. Be attentive and polite with parents (legal representatives) and employees of the institution. To maintain the discipline of children on the basis of human dignity, to prevent methods of physical and mental violence;

1.1.32. ensure the safety of equipment, furniture, property of the premises assigned to it, methodological literature, manuals. Effective use of educational equipment, economical and rational use of energy and material resources;

1.1.33. to execute orders and orders of the director of the educational institution within the established time limits, to submit reporting documentation in the prescribed form to the director of the educational institution or the deputy director for educational work in a timely manner;

1.1.34. undergo certification in order to confirm compliance with the position held (in the absence of a qualification category) based on an assessment of professional activity;

1.1.35. undergo mandatory periodic medical examinations in a timely manner, comply with sanitary rules, labor hygiene.

1.2. The employee is hired at the municipal autonomous general educational institution "Dabatuy secondary school", located at the address: Republic of Buryatia, Zakamensky district, Dalakhai ulus, Tsentralnaya street, 42.

1.3. Work for the employer is for the employee: _________________________________

(main, part-time)

1.4. The work of the Employee under this contract is carried out under normal conditions. Labor obligations of the Employee are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.5. The employee reports to the director of the OU.

1.6. In order to verify the compliance of the qualifications of the Employee with the position held, his relationship to the work assigned to the Employee is established probation duration of ________ months (weeks, days) from the start of work specified in paragraph 2.3. of this agreement (in the case of a probationary period).

2. TERM OF THE CONTRACT

2.1. This employment contract is concluded for: ______________________________________

__________________________________________________________________________________

(indefinite period, definite period, reasons for concluding a fixed-term contract)

2.2. This employment contract shall enter into force on "__" ______________ 20__.

2.3. Start date "__" _____________ 20__

3. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

3.1. The employee is obliged:

3.1.1. conscientiously fulfill their official duties assigned to him by clause 1.1. this employment contract;

3.1.2. comply with the Internal Labor Regulations of the educational institution and other local regulations of the Employer;

3.1.3. observe labor discipline;

3.1.4. comply with the requirements for labor protection and ensuring labor safety;

3.1.5. take care of the property of the Employer and other employees;

3.1.6. immediately notify the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer;

3.1.7. not to give interviews, not to hold meetings and negotiations related to the activities of the Employer, without prior permission from the management;

3.1.8. not to disclose the information trade secret Employer.

3.2. The employee has the right to:

3.2.1. providing him with work stipulated by this employment contract;

3.2.2. ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

3.2.4. participation in the management of an educational institution;

3.2.5. protection of their professional honor and dignity;

3.2.6. freedom of choice and use of teaching and upbringing methods, teaching aids and materials, textbooks in accordance with the educational program approved by the educational institution, methods for assessing the knowledge of students and pupils. The choice of textbooks and teaching aids used in the educational process in educational institutions with state accreditation and implementing educational programs of general education is carried out in accordance with the list of textbooks and teaching aids determined by the educational institution;

3.2.7. other rights established by the current legislation of the Russian Federation.

4. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

4.1. The employer is obliged:

4.1.1. comply with laws and other regulatory legal acts, local regulations, the terms of this agreement;

4.1.2. ensure the safety and working conditions of employees that comply with state regulatory requirements for labor protection;

4.1.3. provide the Employee with the work stipulated by this agreement;

4.1.4. provide the Employee with premises, equipment, educational and methodical literature and other means necessary for the performance of his labor duties;

4.1.5. pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations;

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

4.1.7. carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;

4.1.8. to acquaint the employee against signature with the adopted local regulations directly related to his labor activity;

4.1.9. perform other duties established by the current legislation of the Russian Federation.

4.2. The employer has the right:

4.2.1. encourage the Employee for conscientious efficient work;

4.2.3. bring the Employee to disciplinary and financial liability in accordance with the procedure established by the current legislation of the Russian Federation;

4.2.4. adopt local regulations;

4.2.5. exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

5. CONDITIONS OF PAYMENT OF THE EMPLOYEE

5.1. For the performance of labor duties, the employee is set a salary, consisting of a basic and stimulating parts.

BUT). The base part consists of the main and special parts.

a). Basic body salary wages are calculated on the basis of the official salary and multiplying factors.

The official salary is ________________ rubles per month.

Increasing coefficients:

Qualification category -_____
Industry Award - ______

b). Basic special part salary consists of compensation payments and additional payments established by labor legislation, other regulatory legal acts containing labor law norms, local acts of the institution, a collective agreement, agreements, this employment contract.

Compensation payments:

B). Stimulating part is set in amounts based on the criteria and indicators of the quality and effectiveness of work approved by the local act of the institution, the collective agreement and agreements.

Payment name	Conditions for receiving payment	Indicators and criteria for evaluating the effectiveness of activities	Periodicity	Payout amount
Child health index preschool age	Not lower than the average for OU - 0.67		once a quarter
Consumer satisfaction with the quality of municipal services	Lack of conflicts, written complaints and appeals		once a quarter
Innovation activity	Presentation of OU materials at the regional scientific and methodological council, expert council under the Ministry of Education of the Republic of Belarus, in higher educational institutions (positive result of the examination, positive review)		once a quarter
Advanced training of teaching staff	Coverage of teachers included in new models of professional development		once a quarter
Advanced training of teaching staff	Positive dynamics of enrollment of teachers undergoing training in a modular-accumulative system		once a quarter
Certification of teaching staff (established for the academic year)	Positive dynamics in the number of teachers with 1 and the highest qualification category		once a quarter
	The number of teachers who have been certified according to new forms		once a quarter
Participation of OU teachers in the competitive movement	The presence of teachers who took part in competitions of professional skills at the municipal level		once a quarter
	Efficiency of participation in professional skill competitions at the municipal level		once a quarter
	Availability of teachers who took part in competitions of professional skills of the regional and federal levels		once a quarter
	The effectiveness of participation in competitions of professional skills of the regional and federal levels		once a quarter
The share of teachers who have a regularly completed portfolio	30% or more completed portfolios of the total number of teachers of educational institutions		once a quarter
Ensuring the safety requirements of the educational process	Absence of cases of child injuries for the quarter		once a quarter
The share of unorganized children covered by the system of additional education	The share of unorganized children covered by services in % of the planned value at the end of the quarter		once a quarter
Reducing the consumption of energy resources (according to the results of the quarter compared to the previous one)			once a quarter
	Electricity		once a quarter
			once a quarter
Work without sick leave			once a quarter
Labor intensity	Work with computer	is determined by the material incentives commission based on the performance of each employee based on the volume of the payroll fund for the relevant category of employees	once a quarter
	Efficiency		once a quarter
	Maintenance of electronic databases		once a quarter
	Application of modern computer programs in work		once a quarter

5.2. Wages are paid to the Employee by non-cash transfer to the Employee's bank account within the time limits established by the Internal Labor Regulations.

5.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

5.4. 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.

6. MODE OF WORKING TIME AND REST TIME

6.1. Working hours (norm of hours of pedagogical work for the wage rate) for the Employee is set on the basis of reduced working hours of no more than 40 hours per week.

6.2. The employee is set a six-day working week with a day off - Sunday.

6.3. The volume of the study load (pedagogical work) of the Employee is set in the amount of __ hours according to the curriculum (curricula). The study load (teaching work), the volume of which is more or less than the norm of hours for the wage rate, can be established only with the written consent of the Employee.

6.4. The employee is granted an annual basic extended paid leave of 64 calendar days.

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

6.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the educational institution.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

9. RESPONSIBILITIES OF THE PARTIES

9.1. In the event of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The Employee is obliged to compensate the Employer for the direct actual damage caused to him. Lost income (lost profit) is not subject to recovery from the Employee.

9.3. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and (or) inaction of the Employer.

10. AMENDMENT AND TERMINATION OF THE CONTRACT

10.1. Changes can be made to this employment contract: by agreement of the parties, when the legislation of the Russian Federation is changed 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 contract by the code of the Russian Federation.

10.2 .. 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 (Labor Code of the Russian Federation) .

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

10.3. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.4. Additional grounds for termination of this agreement with the Employee:

10.4.1. Repeated within one year gross violation of the charter of an educational institution.

10.4.2. The use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student or pupil.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and not subject to disclosure.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the legislation of the Russian Federation.

11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES

12.1. Employer:MAOU "Dabatuy secondary school"

Address: 671933 Buryatia, Zakamensky district, Dalakhai ulus, Tsentralnaya street, 42 TIN/KPP 0307030735/030701001

Tel. 83013746018

12.2. Employee: _______________________________________________________

passport: series ______ number _____________, issued by __________________________

_______________________ "___"_________ ____, subdivision code _______,

registered at: ____________________________________________.

13. SIGNATURES OF THE PARTIES

Employer: Employee:

_____________/R.B. Bazarov/ _______________/____________________/

A copy of the employment contract received (a) in the hands of __________________________________

The head can arrange with the teacher for provision in two forms: urgent, civil contract. Since the educational program for the provision of paid services has a certain period, it is more expedient to conclude a fixed-term employment contract with pedagogical workers. The head can choose any type of registration of labor relations with both a full-time pedagogical worker and a freelance one.

As a rule, with staff member an additional agreement is concluded to the main labor contract of the teacher. But a separate fixed-term employment contract can also be drawn up. With a freelance employee, a fixed-term employment contract is concluded, or a civil law contract at the choice and agreement of the parties. Since teaching is not a part-time job for a teacher, he is not registered as a part-time job.

The manager must keep in mind that in the case of registration, according to the professional standard of the teacher of additional education, for an employee under a fixed-term employment contract for the performance of paid services, all obligations of the employer to the employee are observed. This means that payments and compensations are made as provided for by the Labor Code, such as sick leave, compensation for leave upon dismissal due to the expiration of the employment contract, and all taxes are paid. For its part, the employee obeys the internal regulations, follows the instructions and rules adopted by the organization. The employer is obliged to familiarize the employee with the rules, instructions for labor protection, life and health of children, with job descriptions against signature. In addition, the duties of the employee in this case, according to general order, are fixed in the order for the organization of paid services, in the schedule, in the time sheet, also, a person responsible for the implementation of this type of work has been appointed.

When concluding this type of employment contract with a pedagogical worker, as, the employee is referred to in the documents as a "performer" and provides services within the framework of this agreement. The employer undertakes to pay for the work performed, payment is made on the basis of the act of work performed after its signing, if the parties have no claims. In this case, his duties as an employee are less strictly regulated by the organization. The contractor under a civil law contract does not obey the rules of internal labor regulations, does not sign job descriptions, instructions for labor protection, for protecting the life and health of children. It should be added that when concluding an agreement with a freelance teacher, a certificate of no criminal record is required, which can be requested and provided by both the teacher himself and the organization.

Salary at the conclusion of an agreement with a teacher

An employment contract as a way of formalizing labor relations with an employee is more in the interests of both the employee and the employer in terms of their security than a civil law contract. But in the case when the funds are allocated not from the budget, but are paid by the customer, there may be cases of refusal of paid services by the customer without explanation, and then the employer cannot pay the teacher the salary specified in the contract for the work performed in full. When concluding an employment contract with a pedagogical worker, the employer cannot indicate that wages are set and paid to the employee depending on the amount of money received. In the case of the conclusion of a civil law contract, the employer may indicate not a specific amount payable under the contract for the work performed, but the procedure for determining this amount. Here it is possible to provide for the dependence of payments to the teacher on the number of children in the group, on receipt of payment, etc.

When concluding an employment contract with teachers in the same organization where they provide free services, the question often arises of calculating their salary. In order for the salary of such workers to be included in the staff list without violations legal regulations on remuneration, it must be taken into account that the salary of the category of workers who belong to the same qualification professional group, should not differ. At the same time, it does not matter whether such a teacher works under an employment contract or under a civil law contract, whether the teacher is on the staff or not. Also, it does not matter whether the teacher's activity is financed from the budget, or he is paid from extra-budgetary funds that are earned under an agreement on the provision of paid services. The salary of pedagogical workers of the same qualification must be the same, or the procedure for calculating their salaries must be the same. This moment should be fixed in local regulations. educational organization.

The term effective contract was put into circulation in connection with the adoption of the Program for improving the system of remuneration in state and municipal institutions(“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). 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 state or municipal services provided, as well as social support measures.

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

The essence of an effective contract is the formation of a new wage system 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 budgetary institutions retain their previously applied incentive payments, which 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 duties 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 an appropriate supplementary agreement to the employment contract in the prescribed manner;
2. conclude 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 such types of contracts should lead to the improvement of the system of incentive payments for teachers of 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 state-approved program of 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:

Regulation on commission or working group which 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 position 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.

It is also necessary to make changes to the following internal documents of the 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 for 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, an exemplary form of an effective contract (employment contract) is used. 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 approximate 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 of the Russian Federation, the employer is obliged to notify the teacher in writing no later than two months, unless otherwise provided 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. the amount of additional work that the teacher performs without being released 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 is a clarification of the employee's labor function, specification of job duties, terms of remuneration, in particular the amount of remuneration and the amount of incentives for achieving collective labor results, indicators and criteria for evaluating the effectiveness of the employee's performance for incentive payments (the indicators depend on the results of work 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 managers budget 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 responsibilities, remuneration conditions, indicators and criteria for evaluating performance for assigning 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, terms of remuneration.

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;
social service organizations - 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 paragraph 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, Order 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 on 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 on changing the terms of the employment contract determined by the parties.

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 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 position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee of the institution). 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 for them must correspond to 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 case when 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 size of the tariff rate or salary of the employee, additional payments, 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);
mode of working time and rest time (if for a given employee of the institution it differs from the mode of working time 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;
mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or an 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 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 in 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 task 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 the labor collective on the introduction of an effective contract.
5. Create a section on the official website "Evaluation of 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 employment contracts (additional agreements) with employees, taking into account approved form an exemplary employment contract, using indicators and approved criteria for the effectiveness of the activities of employees of the institution.
12. Approve the amended job descriptions.
13. Notify employees of the change certain conditions labor 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 implementing 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 for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” improvement of the system of remuneration in state (municipal) institutions, approved by the order of the Government of the Russian Federation No. 2190-r”.

As for the concerns of your employees related to the termination of the old employment contract - an effective contract in social services 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 teaching staff, 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 public 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 implementation of proven models of an effective contract in the system vocational training and middle 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 of industrial training of professional educational organizations, as well as a list of performance indicators for 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 the period for their entry into force must be determined.
2. Corresponding changes are made to the internal labor regulations, provisions 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 the 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 efficient DOW contract.

First of all, the introduction of an effective contract, even based on the name itself, implies obtaining 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 the final 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 placing a child in a 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, it is necessary to develop specific indicators for the possibility of an objective assessment of labor efficiency both for concluding an effective contract directly with preschool teachers and with service personnel.
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 team, the agenda of which should be an explanation of 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 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 to agree 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 by the norms of labor legislation cannot be reduced.
9. It is recommended to accept new employees using already new form 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 labor participation each employee when calculating wages.

An effective contract in a preschool educational institution allows you to bring the remuneration system of each employee to new level, detached 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. Increasing 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 service in the same institution. Helps eliminate the problem of staff turnover;
4. Payment of incentive bonuses based on the totals summed up at the end certain periods: per month, quarter, calendar year;
5. Surcharges for work in hazardous to health and life conditions;
6. To the payment for the main work provided for by the terms of the employment contract when combining professions, expanding the service area, with an increase in the volume of duties performed, there must 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 the 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.

ultimate goal the introduction of an effective contract in the 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 employees. 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 followed 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 developing 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.

By order of the Ministry of Culture of the Russian Federation N 920, Methodological recommendations were approved 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 referred to as 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 specified documents, many of which are advisory in nature, the subjects of the Russian Federation and municipalities develop their own documents.

In turn, cultural institutions, taking into account the specified 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 on regulation social and labor relations, must:

Develop their own local regulations, in particular, establishing criteria for assessing the effectiveness of employees' work;
- make changes to existing local acts establishing a wage system. For federal institutions culture, 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 system of remuneration, including the preparation of proposals and the approval of performance indicators for 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, it is recommended to develop performance indicators 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, radio 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 "Development of Culture and Tourism" Program, 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 the 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 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 defined 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 qualification level 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 should be paid to the condition of remuneration. 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, amount, 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 hard work, work with harmful and (or) dangerous and other special working conditions;
- for work in areas with special climatic conditions ( district coefficient, coefficients for work in desert and waterless areas, in high-mountainous areas, an allowance for work experience in the regions of the Far North and equivalent areas);
- for work in conditions deviating 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 labor law norms, 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

The 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.

The regulatory framework for the implementation of the transition includes:

A program that contains, among other things, approximate form contract;
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.

Mandatory form this order not approved, but according to common 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 obligations 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 additional agreement worsen the position of the employee and contradict labor laws and local acts, 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 working in budget medical institutions;
bring the remuneration of medical workers in line with the level of quality of work performed by them.

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 operation. 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 the 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 personnel 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 Tatyana VASILYSHINA, head of the personnel department, 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 correct ratio, after 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 normative documents that should guide the development and implementation of an effective contract, for example:

Decree of the President of the Russian Federation No. 597;
Government program"Development of Education", approved by the Decree 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, remote educational 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	Students from dysfunctional families involved in the social life of the class, school, their participation in contests, competitions, olympiads
Creation of elements of educational infrastructure	Equipment of the classroom 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, one should 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 salary of the teacher, 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, we are talking about compulsory insurance provided for 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 the employment relationship 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 is worth noting that absolutely all activities related to the introduction of an effective contract should take place in an open form. Each of the points of the contract is discussed by the whole team.

As of today, a unified form of notification simply does not 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 detailed description new terms of an 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 an effective contract is introduced (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) of the employee, additional payments, allowances and incentive payments) - are included necessarily; 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 incentive 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 conditions 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 assessing 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 the technique and technology of production, improvement of jobs based on their certification, structural reorganization proceedings (clause 21 of the Decree 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. With regard to those compensation and incentive payments that will be irregular, of various sizes, 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 Regulation on wages."

This approach to describing the wage system in an employment contract is quite correct, since labor relations are regulated on the basis 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 an educational organization, employees have in full with the stipulated rights (including the right to receive compensation and incentive payments) and fully execute stipulated duties.

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!

If you consider it necessary to implement it (or there will be a written instruction) - implement it!

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 “implement effective measures to improve financial situation and strengthening the stimulating role of the wages of health care workers, the system of social protection of the population, education, culture, science and other institutions, organizations and enterprises that are 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 “differentiating 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 state bodies, as well as civilian personnel military units, institutions and divisions of federal bodies executive power, 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 corresponds to the quality of their provision of state (municipal) services (performance of work)”, provided by the Program phased improvement of the remuneration system in state (municipal) institutions, approved by Decree of the Government of the Russian Federation No. 2190-r, can qualify for the "System of remuneration of education workers".

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 salary without increasing the wage fund and/or reducing the number of employees in your educational institution.

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