Effective contract in education and healthcare. Tasks and criteria for an effective contract in healthcare. What is considered an effective contract for a state employee

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

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

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

For each social sphere activities exist their base documents, developed in order to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for education 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” for 2013-2020.

What is an effective contract?

The Pay Improvement Program defines an effective contract. This with an employee who specified his official duties, pay conditions, indicators and criteria for evaluating performance to assign incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as measures social support.

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

the establishment 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 official duties employees, indicators and criteria for assessing labor, wage conditions.

Methodological basis for the development of an effective contract

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 also own methodological basis introduction of an effective contract. At the federal level, recommendations have been approved for the development of performance indicators for:

For other areas of activity, for example, for physical 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	Raising the average wages state employees is associated with the efficiency and quality of services
Pay Improvement Program	Approved Approximate form an employment contract (effective contract) with an employee of a state institution (Appendix 3).
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the government of the Russian Federation (for example, Decree of the Government of the Russian Federation No. 722 -R)	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated April 23, 2013 No. 32-rp).	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality

Guidelines for the development of bodies state power subjects 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 specific 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
	Manual for the development of criteria for evaluating the effectiveness of the activities of heads of budgetary organizations of constituent entities of the Russian Federation and municipalities

* For example, Criteria for evaluating the performance of employees of municipal cultural institutions, approved by the Administration rural settlement Annovsky Village Council of the Belebeevsky District of the Republic of Bashkorstan by Decree No. 69 of December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated 20.08.2013 No. 1862-r.

How to conclude an effective contract?

If the employee is already is in an employment relationship with the employer, then you should conclude with him additional agreement about changing certain parties terms of the employment contract.

With faces recruited, signed employment contract in the format effective contract.

Types of effective contracts

How to develop an employment contract - an effective contract?

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

Sample form of 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.

How to make an existing employment contract an effective contract?

The procedure for changing employment contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when organizational or technological working conditions change, the terms of the employment contract cannot be saved, then it is allowed changing the terms of the contract at the initiative of the employer, that is, unilaterally (with the exception of a change in the employee's labor function). 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 adjustment of wage conditions. Article 74 of the Labor Code of the Russian Federation does not regulate this change, but it does not provide an exhaustive list what falls under the concept of "changes in working conditions". This means that when wage conditions change can be guided 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 must give 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 - this is causes changes to the employment contract. The introduction of indicators and criteria necessitates changes in the conditions of remuneration and clarification of job responsibilities in employment contracts.

What terms of the employment contract are subject to change

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

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

** Corresponding clause of the employment contract.

*** Corresponding clause of an effective contract.

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

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

****** Established by the regulation on remuneration, an appendix to an effective contract, paid for the achievement of performance indicators.

What to include in an effective contract?

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

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

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

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

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

labor function(work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a 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 to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the event that it 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;
pay conditions(including size tariff rate or employee salary, bonuses, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory nature(name of the payment, amount, factors that determine its receipt); stimulating nature (name of the payment, conditions for receiving, indicators and criteria for evaluating the effectiveness of activities, frequency, size);
working hours and rest time (if for a given employee of the institution it differs from the regime of working time, rest time general rules operating in the institution);
compensation behind 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;
conditions governing in necessary cases nature of work(mobile, traveling, on the road, other nature of work);
working conditions at work;
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, a collective agreement, agreements, local regulations, in particular, the conditions for specifying the place of work (indicating structural unit and its location), about the test.

The sequence of actions when introducing an effective contract

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

Create in an institution commission on the organization of work related to the introduction of an effective contract.
Learn basic and advanced performance indicators activities developed and approved by the founder, indicators of the quality and efficiency of activities, included by the founder in the municipal task for the provision of certain types of services by the organization.
Acquainted with evaluation mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
Conduct explanatory work in the labor collective on the introduction of an effective contract.
Create on the official site section "Assessing the effectiveness of the institution's activities" for the submission of regulatory and administrative documents on the transition to a system of effective contracts.
Analyze current employment contracts 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.
Develop indicators the efficiency of employees.
Taking into account the developed indicators make changes in the regulation on remuneration, the provision on incentive payments.
Adopt local regulations related to the remuneration of the employee, taking into account the opinion of the trade union committee of the primary trade union organization.
Specify labor function and conditions of remuneration of the employee.
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.
Approve Changes job descriptions .
notify employees to change certain conditions of the employment contract.
To conclude additional agreements with employees.

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

Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On measures for the implementation of state social policy."

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 November 26, 2012 No. 2190-r.

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

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

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

Order of the Ministry of Health of the Russian Federation of June 28, 2013 No. 421 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Activities of Subordinated public institutions, their managers and employees by types of institutions and main categories of employees.

Letter of the Ministry of Education and Science of the Russian Federation dated 20.06.2013 No. AP-1073/02 “On the development of performance indicators” (together with the “Methodological recommendations of the Ministry of Education and Science of the Russian Federation on the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for state (municipal) institutions in the field of education, their managers and certain categories of employees”, approved by the Ministry of Education and Science of the Russian Federation on 18.06.2013).

Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Performance of Subordinate Cultural Institutions, Their Managers and Employees by Type of Institution and Main Categories of Employees”.

Order of the Ministry of Labor of the Russian Federation of 01.07.2013 No. 287 “On methodological recommendations for the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate state (municipal) institutions social services population, their managers and employees by types of institutions and main categories of employees.

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

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

For any employee budget organization criteria for an effective contract (an employment contract with him) are extremely important. After all, the labor income of the employee, as well as the social package, directly depends on the quality of the performance of the relevant specified indicators in his position. We tell how the criteria are set and what they are.

Criteria as mandatory terms of the contract

Since 2012, Russia has been implementing the Program for the gradual improvement of the wage system in state and municipal institutions. Among other things, it obliges to include performance evaluation criteria in the content of an effective contract. this employee according to accepted criteria.

The practice so far is such that often indicators and criteria for the effectiveness of an effective employee contract:

underdeveloped;
their application is formal.

Incentive payments are of low efficiency if the system of remuneration of employees of the institution has left WITHOUT specifying specific measurable parameters such criteria as:

conscientious performance of duties;
labor intensity;
quality of work, etc.

This practice should be a thing of the past. Performance criteria in an effective contract must be specific and quantifiable.

In addition, the management of a budgetary organization is obliged not to stop there and constantly improve the system of criteria.

The aforementioned Program for the gradual improvement of the wage system in state and municipal institutions prescribes to clarify the criteria for evaluating the effectiveness of activities for each employee. It is when:

the conditions for receiving remuneration are clear to both the management and the employee;
criteria are not ambiguous.

EXAMPLE

One of the criteria for evaluating the performance of a manager when assigning incentive payments to him is the ratio average salary personnel of the institution headed by him for the duties assigned to them from all sources and the average salary for this region, taking into account the achievement of average indicators for certain categories of workers for each subject of the Russian Federation.

Establishment procedure

At the institution level, the criteria for evaluating the effectiveness of an effective contract are prescribed in an internal regulatory act. Usually - in the Regulations on wages. It can also be:

collective agreement;
agreements;
employment contracts.

At the same time, the position of the trade union, another representative body of workers, must be taken into account.

The criteria for an effective contract are always determined taking into account the achievement of the goals and performance indicators of the institution itself.

Each state institution is supervised by the corresponding higher ministry or department. They also set the criteria for an effective labor contract for their industry.

For example, the criteria for an effective contract in healthcare are enshrined in Order No. 696n of October 31, 2014 of the Russian Ministry of Health (as amended in 2018).

Here is a sample of criteria for an effective contract for a general practitioner:

№	Index	Criterion	Periodicity
1	Quality Defects medical care according to the results of inspections medical commission, higher and supervisory authorities	Absence / 1 or more	Every quarter
2	Reasonable complaints about the quality, volume of medical care, compliance with the dental aspects of the activity on the conclusion of the medical commission	Absence / 1 or more
3	Compliance of the quality of medical care with the established requirements (compliance with the timing of the examination of the patient, the volume and timeliness of diagnostic and therapeutic measures, etc.)	Compliance / Non-compliance
4	Coincidence of clinical and pathoanatomical diagnoses	Match/Divergence
5	Defects in the preparation of medical documentation, non-compliance with the deadlines for reporting	Absence / 1 or more

Below is an example of an effective contract criteria for the chief accountant of a medical institution:

№	Index	Criterion	Periodicity
1	Compliance with the requirements of budgetary and tax legislation, government regulations Russian Federation, orders of the Ministry of Health of Russia and other regulatory legal acts	Compliance / 1 or more cases	Every quarter
2	Compliance with reporting deadlines	Compliance/Non-compliance
3	No wage arrears	Compliance/Non-compliance
4	Unjustified receivables and payables	Absence / 1 or more
5	Defects in monitoring the timeliness and validity of write-offs of fixed assets	Absence / 1 or more cases

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

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

What is an "effective contract"?

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

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

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

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

Contact the union!

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

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

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

Can an employee be fined under an effective contract?

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

An effective contract as an employment contract.

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

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

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

Why wait 2 months then?

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

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

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

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

Why hasn't my payroll increased?

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

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

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

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

Hello, friends! In this article, I would like to talk about how, from the point of view of law, relations between a medical worker and an employer are being built today. If not so distant Soviet times the concept of an employment contract existed more in theory than in practice, today no enterprise or institution works without it.

Why is an employment contract necessary?

Your social security depends on how the employment contract is drawn up, what rights and obligations are included in it. The law strictly regulates such concepts as the duration of working hours, rest, minimum wage, working conditions, which is reflected in the contract. It is important for both parties.

However, today in a number of industries, ordinary employment contracts are undergoing changes. First of all, this applies to social workers, including medical workers. In recent years, such a form of contract as an effective contract in healthcare has become widespread.

Exemplary examples of such a contract can be easily found and downloaded on the Internet. However, it must be understood that this exemplary samples, because the effective contract in one institution may differ significantly from that adopted in another. Therefore, you need to figure out what kind of document it is, how it differs from a regular employment contract, and whether it is really effective.

Similarities and differences

To begin with, we note by whom and when it was regulated. In November 2012, the Russian government issued a decree, the purpose of which was to regulate the issues of remuneration of employees social institutions including health care facilities. It is this document that contains the requirement to switch to the conclusion of an effective contract in the industry by 2018.

Is it possible to say that an effective contract and an employment contract are directly opposite concepts? No, this statement is incorrect. Both comply with Labor Law. In fact, the contract is the same contract, but more detailed. It specifies which labor obligations must be performed by the worker. This is an important point, because earlier in the contract they were not based on them, but on the position.

Efficient work needs to be encouraged

In addition to describing responsibilities, an effective contract details the terms of remuneration. Not the minimum wage, but all together - wages, incentive payments, compensation for work during harmful conditions labor, in special weather conditions etc. The premium is also indicated, if it exists.

The contract also includes such an indicator as efficiency. To evaluate it, criteria for evaluating the work of medical workers are being developed. This is a rather difficult moment, causing different reviews when switching to a new system. It was assumed that the work will be evaluated on a point system. However, as it turned out, a special staff is needed to calculate points, which is not always possible.

Nevertheless, each health care institution itself accepts the conditions under which incentive payments are established. Their adoption should be documented and reflected, for example, in such documents as the Regulations on wages or incentive payments.

These payments necessarily take into account the quality of the work of the doctor, nurse and other medical workers. For example, if an emergency occurred due to the fault of an employee, a medical error was made, patients reasonably complain about the quality of treatment, then incentive payments can hardly be discussed.

On the contrary, if the work is carried out intensively, it causes good feedback, leads to a result, the employee improves his qualifications, has a long work experience, then he has the right to count on incentive payments. This approach is important not in itself, but for improving the quality of services, which occurs, among other things, due to material interest.

If an employee refuses

How does the transition to the new kind contracts? Firstly, it is absolutely not necessary to conclude a new employment contract with employees who are already working in the institution. It is enough to draw up an additional agreement and reflect in it all the changes that an effective contract carries. If the employee does not agree, he is offered another position. In case of refusal, the employment relationship is terminated.

Employees must be notified two months prior to switching to new form. It is developed by responsible employees of the labor department, taking as a basis the annex to the government order mentioned above. Before the transition to new conditions, documents must be developed to determine the effectiveness.

Pitfalls of innovation

The introduction of an effective contract pursued the goal of stimulating health workers to improve the quality of service delivery. At the same time, the government is taking steps to significantly increase their wages. It is assumed that this form will increase the salary so that it will be 200% of the average in the region.

Unfortunately, in practice it does not always work out as intended. Reviews of health workers indicate that the new form has disadvantages. One of them is the insufficient financing of the industry, as a result of which there is a contract, incentive payments are prescribed, people work well, but there are no funds to implement the promised.

Not everything is simple with the definition of work efficiency - it still raises a lot of questions and dissatisfaction on the part of doctors and nurses. Although, in general, the idea of an effective contract is a positive moment in the development of healthcare and in the activities of every medical worker.

If you have already switched to a new form of contract or are just about to do it, we will be glad to hear your opinion on the topic, as well as feedback on our article. Leave comments on our site, we are interested in everyone's opinion.

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

save personnel potential;
increase the prestige of work in budgetary medical institutions;
bring the remuneration of medical workers in line with the level of quality of work performed by them.

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

What to include in an effective healthcare contract

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

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

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

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

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

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

In addition to the agreement itself, which will be concluded with new employees, the budgetary institution needs to develop an additional agreement to the employment contract, which will be concluded with current employees when switching to an effective contract.

Download a sample of an effective healthcare contract for a nurse

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

How to switch to an effective contract

Implementation algorithm as applied to a specific medical organization next:

The head of the organization issues an order to implement an effective contract.
A commission is created or working group to carry out the work. The composition should include representatives of workers (in the person of the primary trade union organization).
Indicators of the effectiveness of the activities of the employees of the organization are developed on the basis of those approved by the executive state authorities or the local government.
Model labor contracts are being developed for newly hired employees.
Additional agreements are being developed to the employment contracts of those who are already working.
Employees are notified of changes in the employment contract in writing not later than two months.
Amendments are being made to the Regulations on wages (and, if necessary, developed anew) on the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided. Employees get acquainted with the changes under the signature.
The job descriptions of employees are being adjusted in terms of new labor functions. Amended job descriptions are brought to the attention of employees against signature.

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

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