The system of wages for employees of the public sector. Features of the system of remuneration of employees in budgetary organizations What is the system of payment for state employees

Introduction.

The content of the labor of workers in many sectors of the public sector has characteristic features determined by its focus on meeting the diverse needs of a person. We are talking about meeting such human needs that are associated with strengthening his physiological and moral health, increasing his intellectual potential, general educational and professional level, and the formation of civic positions.

The specifics of the work of employees in public sector sectors (organizations of healthcare, education, science, culture, etc.) determines, firstly, their increased social responsibility to society for the result of their activities. Their activity is directly aimed at the person and the well-being of each member of society and the country as a whole depends to a decisive extent on what the results of labor will be. The activities of socio-cultural sectors are directly related to the implementation of a number of the most important constitutional rights of citizens - the right to receive free medical care in state and municipal institutions of health care, education of all kinds, for the use of cultural achievements. The work of scientific workers (scientists, researchers, graduate students, etc.) is especially important for society, since scientific and technological progress in general depends on the results of their work, which affects absolutely all spheres of human life (from the economic and socio-cultural development of the state up security and solutions global problems humanity).

Secondly, workers in the sectors of the public sector are distinguished by a higher level of qualification in comparison with the branches of material production.

Thirdly, in the labor processes performed by employees of public sector sectors, a high proportion is occupied by creative activity.

Thus, the specifics of the work of employees in public sector sectors is characterized by an increased level of responsibility, high qualifications and maximum manifestation of creativity in the process. labor activity. This leaves an imprint on the organization of their wages. Along with the general principles, the organization of remuneration in the public sector has its own characteristics, such as the use of a unified framework for regulating wages at all levels of the public sector, differentiation of tariff rates and salaries of employees, tariffing and assigning categories of remuneration to them, the establishment of incentive bonuses and allowances.

The relevance of the topic is that there is a need to improve the remuneration system for employees of organizations in the budgetary sector of the economy due to the decline in the prestige of the work of the main categories of workers in this sector of the economy: doctors, teachers, teachers, scientists, cultural and art workers, civil servants and others due to an erroneously emerging negative trend assigning these areas a secondary role in the country's economy.

The issues of improving the remuneration of employees of the public sector and state bodies should be considered in a complex for all categories of employees, taking into account the analysis of the current legislation, compliance with reasonable proportions and uniform principles.

From September 1, 2007 to December 31, 2008 for employees of federal budgetary institutions and civilian personnel military units, whose remuneration was carried out on the basis of the Unified tariff scale for remuneration of employees of federal public institutions(ETS), new remuneration systems were introduced, and the principles of managing the performance of the institution through the stimulation of the desired service behavior of the staff began to be applied in the public sector. However, the beginning of the reform showed that this goal would not be achieved soon.

The purpose of this course work is to study and analysis of remuneration at the Udmurt State University after the introduction of a new remuneration system.

Object of study- the fundamental characteristics of wages in the public sector. Subject of study- determination of the features of remuneration in the State Educational Institution of Higher Professional Education "Udmurt State University".

Work structure: the work consists of an introduction, three chapters, a conclusion, a list of references and applications.

The first section of the work gives a general description of the Udmurt State University (history of creation, main activities, characteristics of the university staff).

The second section analyzes the system of organization of wages in the public sector, its features.

The third chapter describes the organization of remuneration of workers in the public sector on the example of "Udmurt State University" after the introduction of a new wage system in December 2008.

The theoretical basis for writing the term paper was legislative and regulatory acts, publications of economic newspapers and magazines, information from the statistical collections of the Russian Federation, as well as the works of such authors as : Ostapenko Yu.M., Pashuto V.P., Volgin N.A., Geyts I.V., Voytova T.L. and others.

Chapter 1. General characteristics of the enterprise

1.1. The history of the creation and development of the Udmurt State University.

Udmurt State University (UdGU) - the oldest university in Udmurtia, is the direct successor to the Udmurt State Pedagogical Institute (USPI). USPI-UdGU was established in 1931 - in the era of forced industrialization, complete collectivization, and the construction of a new society in the USSR. The global tasks facing the country could not be realized without the creation of a modern education system.

Particularly acute was the issue of enlightening the national outskirts and eliminating the historical gap in the cultural, educational and economic levels of development of numerous peoples living on the territory of the former Russian Empire. Against the background of many national formations, Udmurtia (at that time - Votskaya Autonomous Region, VAO) was distinguished by a fairly developed heavy industry. However, the social and cultural spheres lagged far behind. Thus, the region needed 717 specialists with higher education, even more - 3881 - specialists with secondary specialized education, but educational institutions of the region could train only 3667 people. The gap between supply and demand was proposed to be reduced by practitioners, nominees, graduates of short-term courses, and specialists from other regions.

On March 10, 1931, the bureau of the regional party committee decided to open a pedagogical institute in September for the "social-literary, physical-technical, agronomical and chemical-biological departments" and determined the quota for the first intake - 160 people. The city council was obliged to provide the institute with the necessary premises, and OBONO was obliged to equip classrooms and a library for the new university by the beginning of the academic year.

On March 25, 1931, the Decree of the Presidium of the All-Russian Central Executive Committee was adopted on the organization in Izhevsk of a pedagogical institute "named after the 10th anniversary of the Eastern Administrative District." Two weeks later, on April 10, the grand opening of the Udmurt State Pedagogical Institute took place.

Initially, the USPI consisted of four small departments - socio-economic (transformed into historical in 1933), physics and mathematics, natural science, language and literature. With the development of the organizational structure, the institute gradually turned into a complex educational complex.

The teaching staff was initially small. At the beginning of the first academic semester, it was 12 people, then the number increased: by January 1, 1932, there were 20 teachers at USPI, but only one of them worked on a permanent basis. It is not possible to accurately track the dynamics of changes in the teaching staff in the first years of the existence of the university - due to the high turnover of staff and the transfer of specialists to other institutions.

In 1939/40, the staff of the USPI was somewhat strengthened: its core was made up of young people who had graduated from universities and postgraduate studies already under Soviet rule. Most of them corresponded to the qualification "teacher of the highest category". The institute included 3 part-time professors, 3 candidates of science, 3 full-time associate professors, 5 part-time senior teachers, 8 teachers, 2 part-time teachers, 9 assistants. As a positive fact in the reports of the university, the promotion of USPI graduates to teaching work was noted. However, the departments of the Russian language, Russian and general literature, and the Udmurt language remained poorly staffed.

The majority of students came from low-income families, who were forced to earn extra money in logging, railway, in the shops of factories. Not everyone received a scholarship, and its size was insufficient - 45-85 rubles a month. Meals cost 2.5 rubles, that is, you could live on a scholarship for 20 days - if you limit yourself only to bread.

Difficult living conditions were compensated by a great desire to learn, awareness of the social significance of higher education and social optimism, characteristic of those years. Graduate of the UGPI in 1935 P.I. Shibanova wrote about her fellow students: “They were mostly older people who had worked for several years before entering the university. Perhaps that is why they were distinguished by their exceptional conscientiousness, perseverance, and desire to master the sciences. We never had a question about attendance, because everyone knew that attending lectures is the key to academic success.”

In 1935, the first graduation of graduates took place at USPI. 60% of 64 graduates had higher grades, at least 9 people were left to work at the Pedagogical Institute, one was sent to graduate school in Moscow. Since that time, USPI has become the main training base not only for the education system, but also for party, state bodies, cultural institutions, etc.

During the post-war years, the Pedagogical Institute has come a long way (the number of faculties has increased, the material and technical base has been improved, the personnel potential of the university has been strengthened) and by the turn of the 60-70s, it had quite satisfactory conditions for fulfilling its main task - the training of highly qualified teaching staff and entered the top ten best pedagogical institutes of the USSR. It was this circumstance that played an important role in raising the rank of the university and transforming it into a university.

On March 5, 1971, the Decree of the Council of Ministers of the USSR No. 150 "On the organization of the Udmurt State University" was adopted. The initiative to organize on the basis of the Udmurt Pedagogical Institute was shown by the leadership of the UASSR. A particularly important role was played by administrative department of the Udmurt Regional Committee of the CPSU G.E. Mordin and head. Department of Science of the UO CPSU N.A. Efremov, who not only actively promoted the idea of opening a university through the authorities, but also subsequently rendered great assistance to UdSU in recruiting personnel and forming a material base.

In the spring, all republican newspapers announced the official admission of students to the university. In August, entrance exams for the daytime and evening departments were held, and from September 1, 1971, the former USPI became officially known as the UdGU. The grand opening of the university took place on October 20.

With the change in status, the requirements for the staff of the university have also changed. In fact, the rector's office was faced with the task of forming a new team of the university type. It was solved at the expense of internal and external resources, as carefully and carefully as possible in order to maintain a good working atmosphere and make the transition of the Pedagogical Institute employees to work at the university less painful.

At the same time, the "emissaries" of UdSU traveled around the country, looking for venerable scientists and promising young researchers in universities, and invited them to work in Izhevsk. For example, in 1973 alone, 14 candidates of science were invited. In total, for the first three years of the existence of UdSU, the infusion of new personnel amounted to 140 people, of which 48 candidates of sciences, 25 postgraduate graduates, 20 university graduates (as of 1975).

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Arkhipov V.V., candidate of legal sciences, associate professor of the department social security Academy of Labor and Social Relations.

The country has been preparing for several years to reform the system of remuneration of workers budget institutions due to end on December 1, 2008 with an increase customized size payment for their work, declared by the Government of the Russian Federation. The remuneration for work established in accordance with the new wage systems cannot be less than wages (excluding bonuses and other incentive payments) paid on the basis of the Unified tariff scale on remuneration of employees of federal state institutions, but subject to the preservation of the scope of official duties of employees (civilian personnel) and the performance of work by them of the same qualifications. To this end, federal budget expenditures in terms of remuneration of employees and civilian personnel have been increased by 30% for the timely implementation of the planned introduction of new wage systems.

However, the planned transfer of employees, including heads of federal budgetary institutions, to the new wage system raises serious concerns among labor law specialists about the possibility of implementing it in accordance with the requirements of labor legislation. In addition, the Government of the Russian Federation on the go and at the very last moment changed the rules for this transition without taking into account the opinions of other parties of the Russian Tripartite Commission for Regulation social labor relations.

In this regard, this article is devoted to some practical issues that should be taken into account by the subjects of labor relations that fall under the scope of this reform.

A Brief History of Public Pay Reforms

The socio-economic reforms carried out in Russia in the 90s of the last century, caused by the transition from the administrative-command system of governing the country to market relations, touched upon the system of remuneration of employees of budgetary organizations. The previously existing system of personal salaries and salaries within the "salary fork" for various reasons seemed ineffective, which led to its reform. To this end, the tariff system of remuneration was put into effect, which became for all employees of the public sector a single tariff system (hereinafter referred to as the UTS) of remuneration for the labor invested. Now it has been decided again to return to the salary-based wage system, but before understanding the meaning of the innovation and the difference in these systems, let's briefly consider the essence of the ETS.

So, in 1992, a tariff system of remuneration was introduced for public sector employees, based on a single tariff rate (salary), tariff scale and tariff coefficients, i.e. ETS. This system was applied to all employees, regardless of the nature of the work - from the worker to the head of the institution. The terms of payment under the ETS were extended to health workers, systems social protection population, education, culture, science and other organizations that are on budget financing.

The current ETS provides for 18 categories of wages and the tariff coefficients corresponding to them. So, for the first category, the coefficient is set to 1.0, and for the last, eighteenth, - 4.5. With the increase in the tariff category increased tariff coefficient and, accordingly, the size of the salary (rate) of the employee.

Often, the implementation of this wage system on the ground gave rise to labor conflicts, and the complex issues identified in it had to be resolved at the level of the Supreme Court of the Russian Federation.<1>.

<1>See, for example: Rulings of the Supreme Court of the Russian Federation of May 3, 2006 N 43-G06-2 (on an application to invalidate paragraph 2 of article 6 of the Law of the Udmurt Republic "On Amendments to Certain Legislative Acts of the Udmurt Republic and Recognizing as Invalid some legislative acts of the Udmurt Republic"); dated June 30, 2005 N 35-РЗ; dated May 11, 2005 N 51-G05-5 (upon an application for declaring partially invalid the Law Altai Territory dated November 9, 2004 N 37-ЗС "On the remuneration of employees of regional state and municipal institutions in the Altai Territory" and Decree of the Administration of the Altai Territory dated November 25, 2004 N 610 "On the remuneration of employees of regional state and municipal institutions in the Altai Territory"); dated August 3, 2005 N 58-Г05-21 (upon an application for recognition invalid certain norms of the Decree of the Governor of the Khabarovsk Territory of January 19, 2005 N 7 "On the increase in tariff rates (salaries) for employees of budgetary institutions financed from the regional budget").

Particularly active preparations for the transition to new wage systems began after the publication of Decree of the Government of the Russian Federation of September 22, 2007 N 605 "On the introduction of new wage systems for employees of federal budgetary institutions and civilian personnel of military units, whose remuneration is based on the Unified tariff scale for remuneration of employees of federal state institutions "(hereinafter - Decree N 605) and meetings with the Chairman of the Government of the Russian Federation on June 16, 2008<2>. At the same time, the use of the UTS was recommended until the completion of the wage reform for public sector employees.

<2>The Prime Minister of the Russian Federation gave relevant instructions to the heads of ministries and departments (Minutes of the meeting dated June 16, 2008 No. VP-P12-5pr).

Attention should be paid to the terms "employee" and "remuneration" contained in Decree N 605. Their application means that the document refers to persons whose work is regulated by the rules set forth primarily in labor legislation, as well as in other regulatory legal acts containing norms labor law(see art. 5 Labor Code RF). However, in the preamble of this Decree, as well as in its other provisions, there is not even a mention of labor legislation, but a reservation was made that this Decree was issued in accordance with Article 4.1 of the Federal Law of February 4, 1999 N 22-ФЗ "On Payment labor of employees of federal state institutions" (as amended on April 20, 2007).

Article 4.1 of this Law states that, by decision of the Government of the Russian Federation, a different remuneration system, different from the UTS, may be used to pay employees of federal state institutions. Thus, taking into account part 1 of Art. 115 of the Constitution of the Russian Federation, the Government of the Russian Federation acts lawfully by introducing new wage systems for this category of workers. This article of the Constitution of the Russian Federation allows the Government of the Russian Federation to issue resolutions on the basis of and in pursuance, in particular, of federal laws.

Article 5 and other norms of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), as a codified fundamental federal law in the field of labor, contain legal provisions that help to understand the features and understand the rules for transferring, in particular, employees of federal state budgetary institutions to new wage systems. These provisions include the following requirements:

labor law norms contained in other federal laws must comply with the Labor Code of the Russian Federation. In case of contradictions between the Code and another federal law containing labor law norms, the Code shall apply. If a newly adopted federal law containing labor law norms contradicts the Labor Code, it is applied subject to the introduction of appropriate amendments to the Code;
Decrees of the Government of the Russian Federation containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation. Normative legal acts of federal executive bodies containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

Any federal laws containing any innovations related to the rights and freedoms of man and citizen may restrict them only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensure defense of the country and security of states (part 3 of article 55 of the Constitution of the Russian Federation).

Based on the above fundamental rules, we will analyze the legality of changing the wage system for this category of workers from a legal point of view<3>.

<3>The economic component of these changes should be analyzed, primarily by trade union organizations in the field of education, with which the innovations are agreed.

First of all, the very process of transition to new wage systems seems to be very problematic. Difficulties arise mainly in terms of local compliance with the rules contained in the Labor Code of the Russian Federation, i.e. in the regular implementation of the provisions of the Code legal consequences associated with changes in material conditions employment contract.

Consider the process of transition to new systems of remuneration of state employees on the example of pedagogical and other personnel educational institutions.

Introduction of a new wage system on the example of educational institutions

The Federal Law of April 10, 2000 N 51-FZ "On the Approval of the Federal Program for the Development of Education" (as amended on June 26, 2007) notes: in the country as a whole, the problem staffing educational institutions. At the same time, a steady trend of aging of pedagogical workers of educational institutions of all types and types, a lack of young specialists due to the low level of remuneration and social prestige of the teaching profession, weak social protection of pedagogical and scientific and pedagogical workers of educational institutions remains.

In the third subsection of the Federal Program " Social support employees of educational institutions and other organizations of the education system" it is indicated that other measures to support employees of educational institutions include the improvement of the UTS on remuneration of employees of public sector organizations in terms of remuneration of employees of educational institutions.

According to Article 54 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" (as amended on April 24, 2008, hereinafter referred to as the Law on Education), wages and official salaries are paid to an employee of an educational institution for the performance of functional duties and work under the employment contract. The performance of other work and duties by him is paid according to additional agreement, except as provided by law Russian Federation. In the light of the planned reforms of wage systems, it is also necessary to consider the meaning of the indication laid down in Article 54 of the Law on Education on the existence of both exceptional cases and payment to employees of educational institutions for other work under an additional contract.

If we interpret the concept of "Russian legislation" in the broadest sense of the word, then it should also include by-laws. It follows from both Article 54 of the Law on Education and a number of by-laws that participation in educational process it is possible without a contract, but to perform other work and duties - under an additional contract (it does not matter which one, since its type (type) and industry purpose are not specified by the legislator). In this regard, payment for educational activities within the limits allegedly established in labor legal acts (for example, in paragraph 2 of the Decree of the Ministry of Labor of Russia dated June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers"), is possible without a contract. A natural question arises: how should legal relations between an educational institution and such a teacher be properly formalized so that the costs of remuneration of his labor are attributed to expenses legal entity or a sole trader? This Decree does not give an answer to this question, and this raises deep doubts about the legality of such employment of a citizen precisely as a teacher, since it reduces the performance labor function to render educational services according to the rules of civil law (Article 779 of the Civil Code of the Russian Federation). Consequently, the regulation of civil law relations does not fall within the normative competence of both the Ministry of Labor of Russia and its successors, and allows us to conclude that the above act cannot be guided as adopted in excess of the powers established by this ministry.

Nevertheless, if an employment contract is concluded with a person seeking a teaching job, then his remuneration is regulated by the rules of labor legislation and other regulatory legal acts containing labor law norms, i.e. by-laws (Article 5 of the Labor Code of the Russian Federation as amended on February 28, 2008). Therefore, in the absence of a special law on education special conditions, regulating the remuneration of employees of educational institutions, the general norms of labor law apply, if they do not contain a clause on the peculiarities of regulating the remuneration of pedagogical workers.

In Chapter 52 of the Labor Code of the Russian Federation, devoted to the peculiarities of regulating the work of pedagogical workers, there are no special rules on the peculiarities of remuneration for their work. They are not contained in the norms that determine the procedure for remuneration of labor (Section VI of the Labor Code of the Russian Federation "Payment and rationing of labor"), in which, moreover, there are no special references to other acts of the national system of law. Therefore, on the basis of Article 132 of the Code, the salary of each employee should depend only on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to a maximum amount. Any discrimination when establishing and changing the conditions of remuneration is prohibited.

Federal Law No. 122-FZ of August 22, 2004 amended Article 143 of the Labor Code of the Russian Federation, establishing the procedure for the operation of the wage system for employees of federal state institutions, based on the ETS.

According to article 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract in accordance with the current this employer wage systems. Remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and allowances of a stimulating nature and bonus systems are established by collective agreements, agreements, local regulations in accordance with labor law and other normative legal acts containing labor law norms.

The Russian tripartite commission for the regulation of social and labor relations annually until it is included in State Duma draft federal law on the federal budget for another year develops uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of organizations financed from the relevant budgets. These recommendations are taken into account by the Government of the Russian Federation, executive authorities of the constituent entities of the Federation and local governments when determining the amount of funding for healthcare, education, science, culture and other public sector institutions.

If the parties to the tripartite commission fail to reach an agreement, these recommendations are approved by the Government of the Russian Federation, and the opinion of the parties to the commission is communicated to the subjects of the Federation.

Local regulations establishing wage systems are adopted by the employer, taking into account the opinion of the representative body of employees.

The terms of remuneration determined by an employment contract cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations.

According to part 1 of Art. 135 of the Labor Code of the Russian Federation, the salary for an employee is established by an employment contract in accordance with the remuneration systems in force for this employer. By virtue of part 1 of Art. 56 of the Law on Education for employees of an educational institution, the employer is this educational institution, unless otherwise provided by the legislation of the Russian Federation.

As experts in the field of education note, the heads of educational institutions are an exception to this rule. Within the meaning of Article 273 of the Labor Code of the Russian Federation, their employer is directly the founder (founders) of the educational institution. The position of the head of an educational institution has another peculiarity. In labor relations, he has a dual position: on the one hand, he is an employee, on the other, he is a direct representative of the employer<4>.

<4>See, for example: Article-by-article commentary to the Law of the Russian Federation "On Education" / Ed. A.N. Kozyrin and V.V. Nasonkina // ATP "ConsultantPlus".

From part 3 of Art. 12 of the Law on Education, it follows that educational institutions can be state (federal or administered by a subject of the Federation), municipal, non-state (private, institutions of public and religious organizations or associations). A federal state educational institution is federally owned and financed from the federal budget. Consequently, the founder, which determines the financial policy of an educational institution, is an executive body authorized by the Government of the Russian Federation, depending on the direction of educational activities of a particular educational institution.

With the entry into force of the Federal Law of June 30, 2006 N 90-FZ, this procedure was supplemented by the establishment of salaries and is reflected in new edition in article 144 of the Labor Code of the Russian Federation, but already with the coverage of municipal institutions. From that moment on, the Government of the Russian Federation had the opportunity to establish basic salaries (basic official salaries), basic wage rates for professional qualification groups in relation to employees of budgetary institutions.

In accordance with this, article 144 of the Labor Code of the Russian Federation clarifies: wage systems (including tariff wage systems) for employees of state and municipal institutions are established:

in federal state institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation;
in state institutions of the constituent entities of the Federation - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Federation;
in municipal institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Federation and regulatory legal acts of local governments.

The Government of the Russian Federation may establish basic salaries (basic official salaries), basic wage rates for professional qualification groups.

The salary of employees of state and municipal institutions cannot be lower than the basic salaries (basic official salaries) established by the Government of the Russian Federation, the basic wage rates of the corresponding professional skill groups which are provided:

federal state institutions - at the expense of the federal budget;
state institutions of the constituent entities of the Federation - at the expense of the budgets of the constituent entities of the Federation;
municipal institutions - at the expense of local budgets.

Remuneration systems for employees of state and municipal institutions are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, as well as state guarantees for wages, recommendations of the Russian tripartite commission for the regulation of social and labor relations ( part 3, article 135 of the Labor Code of the Russian Federation) and the opinions of the relevant trade unions (associations of trade unions) and associations of employers.

Professional qualification groups are groups of professions of workers and positions of employees, formed taking into account the field of activity based on the requirements for vocational training and the level of qualifications that are necessary to carry out the relevant professional activity.

Professional qualification groups, as well as the criteria for classifying the professions of workers and positions of employees as such, are approved by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor.

Meanwhile, neither a single nor a special qualification directory of the positions of managers, specialists and employees, containing qualification requirements for the teaching staff of educational institutions, has yet been published. This will significantly complicate the local implementation of the Order of the Ministry of Health and Social Development of Russia of August 6, 2007 N 525 "On professional qualification groups and the approval of criteria for classifying the professions of workers and positions of employees to professional qualification groups."

As for the recommendations of the Russian tripartite commission for the regulation of social and labor relations (it includes representatives of trade unions, whose opinion should be taken into account), there are currently Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of organizations financed by from the relevant budgets for 2008, which reflect that the introduction of a new wage system in 2008 has been agreed with the trade unions. However, the following should be noted here.

Firstly, the content of the tripartite decision, paradoxically as it may sound, consists (without taking into account part 2 of article 15 of the Constitution of the Russian Federation on the obligation of Russians to comply with laws) from the consent of its parties to comply with the norms of the Labor Code of the Russian Federation and the provisions of Decree N 605. The relevant provisions of the Code and The resolutions are literally rewritten in the protocol and the single recommendation attached to it, approved by the coordinators of this commission. Secondly, given that Decree N 605 was adopted earlier than the above recommendations were agreed, it can be stated that the Government of the Russian Federation violated the procedure established both in part 3 of Art. 135, and in part 4 of Art. 144 of the Labor Code of the Russian Federation. A violation is part of these articles, where they oblige the Government of the Russian Federation to take into account the recommendations adopted by the commission, and not vice versa, as happened in the case under consideration: the tripartite commission took into account and approved the content of Decree N 605.

Nevertheless, the recommendations approved by the tripartite commission reflect the promise of the Government of the Russian Federation, when forming a new system of remuneration for employees of state and municipal budgetary institutions other than the ETS, to increase the achieved level of remuneration. How this will be done and at what expense, it becomes clear from the numerous acts issued by ministries and departments. For example, in the Guidelines for the introduction of new wage systems in federal budgetary institutions (approved by Order of the Ministry of Health and Social Development of Russia of October 22, 2007 N 663), the heads of these organizations are "recommended" to prepare staffing tables, taking into account the optimization of the number of personnel. In other words, this should be achieved by reducing staff and increasing the volume of work for workers who remain in their jobs, i.e. labor intensification.

What is the reform of the system of remuneration of employees of state and municipal institutions that are on budget financing? The answer to this question is contained in Resolution N 605. This document, as it is easy to see, was adopted on the basis of the Uniform recommendations previously agreed with the trade union on the establishment at the federal, regional and local levels of remuneration systems for employees of organizations financed from the relevant budgets for 2008, in which it is explained that new payment systems are being introduced instead of the ETS labor. They apply to the following categories of workers:

employees and personnel of budgetary institutions on the basis established by collective agreements, agreements, local regulations adopted in accordance with federal laws, other regulatory legal acts of the Russian Federation containing rules for determining salaries (official salaries), wage rates, compensation and incentive payments character;
heads of institutions, their deputies and chief accountants on the basis established in accordance with federal laws, other regulatory legal acts of the Russian Federation. At the same time, the amount of their wages will consist of official salaries, compensation and incentive payments. In turn, the official salary of the head of the institution is determined by the employment contract and amounts to three times the average salary of employees of the main staff of the institution headed by him. Official salaries of deputy heads and chief accountants of institutions are set at 10 - 30% lower than official salaries of the heads of these institutions.

The main staff of the institution includes employees who directly ensure the performance of the functions for which the institution was created. List of positions, professions of employees of institutions classified as key personnel by type economic activity, is established by the federal executive body (other state body or organization) in charge of the institution, in agreement with the Ministry of Health and Social Development of Russia.

When calculating the average salary of the head of the institution, the salaries and incentive payments of employees (staff) for the calendar year preceding the year in which the official salary was established are taken into account. Compensatory payments are not taken into account when calculating the average salary to determine the official salary of the head. The procedure for calculating the size of the average salary for determining the size of the official salary of the head is determined by the Ministry of Health and Social Development of Russia.

A logical question arises: what is the inefficiency of the system of remuneration according to the ETS? The answer to it is contained, in particular, in the Guidelines for the introduction of new wage systems in federal budgetary institutions, approved by Order of the Ministry of Health and Social Development of Russia dated October 22, 2007 N 663. The introduction of a new wage system should contribute to the efficiency of workers' labor by optimizing: performed labor functions, complexity of labor, labor intensity, labor productivity, as well as linking the volume of budgetary appropriations allocated to the formation of the wage fund for employees, with the streamlining of the regular number of employees, based on the need to fulfill the functions, tasks and volumes of work established by the federal budgetary institution. Apparently, these indicators could not be achieved using the economic instruments of the ETS.

As follows from Article 144 of the Labor Code of the Russian Federation, the legislator delegated the establishment of the basic elements of the system of remuneration of employees of budgetary institutions to executive authorities - from federal to municipal. However, the specification and differentiation of the payment system within the framework of the norms established by the executive authorities should be undertaken by collective agreements and other social partnership agreements between the employer and employees, as well as local regulations issued in budgetary institutions upon harmonization of their conditions with those in force in them. trade union.

It should be emphasized here: the wage system being introduced for employees of institutions a priori predetermines the nature of the content of the collective agreement, agreement, local normative act and is in fact a fiction of establishing wages by contractual methods.

As experts have already noted, when adopting these sources of labor law, institutions of the public sector (and representatives of employees) are bound to a greater extent than employers in the real sector of the economy by the prescriptions of regulatory legal acts. In particular, they must comply with the norms that establish the amount of remuneration for workers and employees of the relevant professional qualification groups. This will inevitably lead to the formalization of both the content and the process of concluding collective agreements, agreements in the public sector<5>.

<5>See, for example: Article-by-article brief commentary on the Labor Code of the Russian Federation / Ed. Yu.P. Orlovsky. M.: Contract; Infra-M, 2006.

The process of transition to a new wage system

Nevertheless, even with the passive attitude of the members of the labor collective to the issue of determining the specific nuances of the wage system at the level of their budgetary institution, they need to know the following.

According to article 57 of the Labor Code of the Russian Federation to mandatory and, therefore, essential conditions employment contract and the resulting employment relationship includes the determination by agreement of its parties of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Therefore, an indication of the need to transfer employees of budgetary institutions to a new wage system obliges the employer to transfer, fulfilling the following requirements set forth in the Labor Code of the Russian Federation.

In order to conclude again or change a collective agreement, as well as a social partnership agreement, it is necessary to fulfill (to a greater or lesser extent for different situations) the requirements of Section II of the Labor Code of the Russian Federation " Social partnership in the sphere of labor" containing 32 articles and a huge mass of organizational and procedural norms. At the same time, collective agreements and agreements, as well as labor contracts, cannot provide for conditions that would restrict the rights or reduce the level of guarantees for employees compared to those established by labor legislation and other regulatory legal acts containing norms of labor law.If such conditions are included in a collective agreement, agreement or employment contract, they are not subject to application.

In addition, readers should pay attention to the following: taking into account the financial and economic situation of the employer, the collective agreement may establish benefits and benefits for employees, working conditions that are more favorable compared to established laws, other regulatory legal acts, agreements (part 2 of Art. 41 of the Labor Code of the Russian Federation).

In order to re-adopt or amend the current Regulations on the remuneration of personnel of an educational institution, it is necessary to fulfill the requirements of at least articles 8, 12, 15, 22, 53, 56, 135, 371 and 372 of the Labor Code of the Russian Federation. Moreover, on the basis of part 4 of Art. 8 of the Code, the norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without observing the procedure established by Article 372 of the Labor Code of the Russian Federation for taking into account the opinion of a representative body of employees are not subject to application. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied. Further, following the rules of part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees against signature with the adopted local regulations that are directly related to their work activities.
In order to amend the employment contract on the remuneration of an employee under the new system, it will be necessary to comply with the rules of Article 72 of the Code. The employer should conclude an appropriate additional agreement with the employee (in writing), with the exception of cases provided for by the Labor Code of the Russian Federation.

One of these exceptions is contained in Article 74 of the Labor Code of the Russian Federation and is associated with the possibility of adjusting certain parties terms of the employment contract for reasons related to changes in organizational or technological working conditions. If, due to changes in engineering and production technology, structural reorganization production and for other reasons, the terms of the employment contract determined by the parties cannot be saved, they can be adjusted at the initiative of the employer, with the exception of changing the labor function of the employee.

Considering that, according to its characteristics, a change in the remuneration system clearly does not fall under a change in the technological working conditions by the employer, it should be determined whether it can be attributed to a change in organizational working conditions.

So, if the basis of the previously operating wage system was the ETS, then for the new system these are basic salaries (basic official salaries), basic wage rates for professional qualification groups. The legislator did not give a specific definition of the concept of "organizational working conditions" for labor relations, therefore, the law enforcer will obviously have to look for its meaning in explanatory dictionaries of the Russian language, which are of a normative nature, i.e. published by the Russian Language Institute of the Russian Academy of Sciences.

Turning to this source, you can find out that under the organizational working conditions (in this aspect) one should understand the actions of the employer aimed at establishing, ordering something for any social and labor purpose through the impact of socio-economic levers on the results of the labor process . Moreover, the dominant role for the inclusion in this concept of such an element as the system of remuneration, naturally, is played by the norms of the Labor Code of the Russian Federation (articles 57, 129, 132 and 135 set out the rules for establishing and changing it).

So, we figured out that the provisions of Article 74 of the Labor Code of the Russian Federation will be in force during the period of changing the wage system in budgetary institutions, which include institutions of all levels of public education financed from public funds. Therefore, the employer is obliged to notify the employee in writing of upcoming changes in the terms of the employment contract determined by the parties and the reasons for such changes no later than two months in advance, unless otherwise provided by the Code.

Other terms and warning procedures are provided for by the Labor Code of the Russian Federation, but they relate, in particular, to employees whose labor is used by an individual entrepreneur (Article 306) or a religious organization (Article 344). Moreover, the name of the notification act is not specified by the legislator, which allows it to be of any organizational form - from an order and instruction to a simple notification (the very fact of the warning is important here).

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. 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 with the payment of a two-week average salary on the basis of part 3 of Art. 178 of the Code.

In the event that the reasons specified in part 1 of Art. 74 of the Labor Code of the Russian Federation, may entail mass layoff employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of the Code for the adoption of local regulations, to introduce a part-time (shift) and (or) part-time working week for a period of up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated on the basis of paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, as with a reduction in the staff (number) of employees of the organization. At the same time, the employee is provided with appropriate guarantees and compensations provided for in parts 1 and 2 of Art. 178 of the Code. Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with Article 74 of the Labor Code of the Russian Federation, should not worsen the position of the employee in comparison with the agreements established by the collective agreement.

It should also be noted: for employees who are not dismissed under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, a "voluntary" transfer to a new wage system must be formalized by an additional agreement to the existing employment contract, but only regarding changes in this part of it. Therefore, when registering the transfer of workers to a new wage system, one should not rely on acts of ministries and departments containing instructions on the development and conclusion of new employment contracts for such a transfer: this can only apply to newly hired workers. In the case of transferring employees with an existing labor contract to a new remuneration system, it is necessary to use the recommended sample supplement to the employment contract contained in the appendix to the Guidelines for the introduction of new remuneration systems in federal budgetary institutions, approved by the Order of the Ministry of Health and Social Development of Russia dated October 22, 2007. N 663.

As follows from paragraph 2, clause 2 of Decree N 605, the specific terms and procedure for introducing new wage systems are established:

federal ministries - in relation to institutions under the jurisdiction of federal services and federal agencies subordinate to the relevant ministries, as well as in relation to institutions directly subordinate to ministries;
state committees, federal services and federal agencies, the management of which is carried out by the President of the Russian Federation and the Government of the Russian Federation, in relation to institutions subordinate to them;
other state bodies and organizations - in relation to their subordinate institutions.

Legal consequences in case of non-compliance with the rules for the transition to a new wage system

In accordance with Decree N 605, the deadlines for the introduction of new wage systems are designated from September 1, 2007 to December 31, 2008. Thus, the possibilities for complying with the requirements of the Labor Code of the Russian Federation are very limited in educational institutions where this work is just starting or hasn't started yet. In a hurry, the employer can make a lot of legal mistakes, which will become potential grounds for individual, and possibly collective labor disputes.

Employees, in turn, should be aware of the position that district courts should take when considering and resolving cases arising from the application of Article 74 of the Labor Code of the Russian Federation, taking into account the provisions contained in the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application courts of the Russian Federation of the Labor Code of the Russian Federation" (as amended on December 28, 2006).

According to paragraph 21 of this Decree, when resolving a labor dispute related to the application by the employer of Article 74 of the Labor Code of the Russian Federation, the courts must, when deciding on the reinstatement of persons whose employment contract was terminated under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work in connection with a change in the terms of the employment contract determined by the parties or the recognition of illegal changes in the terms of the employment contract determined by the parties when the employee continues to work without changing the labor function (Article 74 of the Labor Code of the Russian Federation)), take into account the following.

Following the rules of Article 56 of the Civil Procedure Code of the Russian Federation, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions (for example, in engineering and production technology), improving jobs based on their certification, structural reorganization of production, which did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement. In the absence of such evidence, the termination of the employment contract under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation or a change in the terms of an employment contract determined by the parties cannot be recognized as legal. In addition, in accordance with paragraph 60 of the said Decree, an employee dismissed without a legal basis or in violation of the established procedure for dismissal is subject to reinstatement in his previous job.

More complex legal problems will arise for the employer when implementing the Orders of the Ministry of Health and Social Development of Russia dated May 5, 2008 N 216n "On the approval of professional qualification groups for positions of educators" and N 217n "On the approval of professional qualification groups for positions of employees of higher and additional vocational education".

Difficulties will arise if it is necessary to change not only the terms of remuneration contained in the employment contract, but also the labor function of the employee, bringing it into line with the newly introduced professional and qualification groups. The fact is that it is impossible to do this unilaterally, using the legal mechanism of Article 74 of the Labor Code of the Russian Federation. In addition, Article 60 of the Code prohibits requiring an employee to perform work not stipulated by an employment contract. In this case, it is permissible to change this condition only in accordance with the rules of Article 72 of the Labor Code of the Russian Federation, i.e. by written agreement of the parties in the form of an addendum to the employment contract relating to this part of it.

If the labor function does not change, but only the name of the position, profession, specialty changes, the employer on the basis of part 4, clause 3.1 of the Instructions for filling out work books<6>should act as follows. Changes and additions made in accordance with the established procedure to the qualification directories, the staffing table of the organization are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other act of the employer. At the same time, in accordance with paragraph 12 of the Rules for maintaining and storing work books, preparing forms and providing employers with them<7>with each entry made in the work book about the work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner against signature in his personal card in form N T-2, in which the entry made in the work book is repeated.

<6>Approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 N 69.
<7>Approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books" (effective as amended on May 19, 2008).

Recent changes to the transition to a new wage system

Already almost at the stage of completion of the process of preparation for the transition to new wage systems for employees of budgetary institutions, the Government of the Russian Federation issued Decree of August 5, 2008 N 583<8>(hereinafter - Resolution N 583), which entered into force on August 21, 2008. This Resolution, issued in addition to Resolution N 605 and actually duplicating it, sets a new deadline for the introduction of new wage systems - from December 1, 2008. From this Decree N 605 is canceled on the same date. The reduction in the period for introducing new payment systems raises serious doubts about the real possibility of implementing these intentions in compliance with all the above requirements of the Labor Code of the Russian Federation, and here's why.

<8>Russian newspaper. 2008. No. 170.

Decree N 583 and the Regulations approved by him on the establishment of wage systems for employees of federal budgetary institutions (hereinafter referred to as the Regulation on the wage system) actually duplicate the content of Decree N 605 and the similar Regulation on the wage system approved by him. It would be naive to assume that it was published only for the sake of expanding the categories of workers listed in the title of Decree N 583; for this, it would be enough to supplement Decree N 605. The main difference between Decree N 583 and Decree N 605 is the “disappearance”, primarily from paragraph 2 of the Regulation on the remuneration system, the concept of basic salaries (official salaries) and wage rates for professional qualification groups . Now, when establishing new systems for remuneration of workers, they are not needed, since on the basis of paragraph 6 of Decree N 605, the work carried out by the Ministry of Health and Social Development of Russia until July 1, 2008 to determine these basic indicators that prevailed on the ground revealed unsatisfactory (in the sense of exceeding the planned budget allocations) financial results.

To resolve this issue, for example, in the area of education, the Ministry of Health and Social Development of Russia interviewed the relevant ministries and departments that have educational institutions. The purpose of this survey was to collect information on the size of the prevailing average wage per employee from budgetary and non-budgetary sources in their subordinate educational institutions and to clarify the share of budgetary funds in it that make up the tariff rate (salary) for the UTS.

For the same purpose, Rosobrazovanie sent out a letter of March 28, 2008 N 10-55-1603 / 10-07 "On the provision of information on the number and payroll" to subordinate educational institutions with the following content. In accordance with a joint letter from the Deputy Prime Minister of the Russian Federation, the Minister of Finance of Russia and the Minister of Health and social development of March 18, 2008 N 12-01-15 / 1056 and 109-TG Rosobrazovanie asks to submit, by April 7, 2008, to its Department of Economics and Finance information on the distribution of the number and wage fund of employees paid according to the UTS, in organizations receiving federal budget funds from the federal budget and extrabudgetary sources in 2007-2008. (for the period September - December 2007 and January 2008) according to the attached form. Educational institutions of higher professional education with military departments (faculties) fill out a separate similar form on the distribution of the number of military personnel and the wage fund ( allowance) of the specified structural divisions.

Based on the results of the information received by the above ministries, it was concluded that it was necessary to make adjustments to Decree No. 605. However, it turned out along the way that, among other unfavorable reasons, there was also the fact that too liberal and democratic provisions on wages were being created locally. But since part of the work on Decree N 605 was done, and some still needed to be finalized, then, apparently, it was decided to cancel it only from December 1, 2008, and for subsequent periods, taking into account the "liberal achievements" accumulated in it, use a different act that does not mention unfavorable attempts to introduce basic salaries and rates, which, most likely, served as the basis for the emergence of Decree N 583, which does not contain these concepts.

In all regulations accompanying Decree N 605, as well as in itself, it is indicated that there is no reduction in the achieved level of wages. However, the results of ministerial monitoring clearly showed that this is achievable only with significant budget financing of basic salaries (rates) that replace the UTS tariff rate. Therefore, it was decided to abandon such a burden and shift the problem of "fair" setting of "non-basic" salaries (rates) to the heads of these institutions, transferring the previously planned funds to them.

In order to encourage managers to make a prompt decision on the ground to replace one wage system with another wage system that is not agreed with the other two members of the tripartite commission for the regulation of social and labor relations, their potential salary has been increased from three to five times the average wage of the main staff, the institutions they lead. Apparently, for this reason, in paragraph 2 of the Regulations on the system of remuneration, instead of basic salaries and rates, it is indicated that it is necessary to be guided by exemplary provisions on the remuneration of employees of institutions by type of economic activity, but developed and approved not by labor collectives, but by federal state bodies and institutions - the main administrators of the federal budget. At the same time, instead of taking into account the opinion of the relevant trade unions, now, in accordance with subparagraph "h" of paragraph 2 of the Regulations on the wage system, the opinion of the representative body of workers can also be taken into account.

What can be the main conclusion from this?

It is clear from Article 144 of the Labor Code of the Russian Federation that the legislator has delegated the right to establish the basic elements of the wage system for employees of budgetary institutions to executive authorities from the federal to the municipal levels. However, from the literal interpretation of part 2 of Art. 144 of the Labor Code of the Russian Federation it follows that the Government of the Russian Federation can set basic salaries and basic wage rates, but is not obliged to do so. At the same time, the Government of the Russian Federation did not take advantage of the opportunity provided by Article 144 of the Labor Code of the Russian Federation to guarantee employees the level of remuneration for their work not lower than the base rates and salaries (namely, this is evidenced by Resolution N 583), which, apparently, significantly exceeded the minimum wage. (hereinafter referred to as the MRO).

Consequently, with the entry into force of Decree N 583, the minimum wage automatically becomes the lower limit of the amount of monthly remuneration for work (Article 133 of the Labor Code of the Russian Federation). However, by excluding the concept of "basic" from Decree N 583, the Government of the Russian Federation deprived itself of the opportunity, without violating parts 2 - 4, 5 and 6 of Art. 144 of the Labor Code of the Russian Federation, to link "non-basic" salaries (rates) with their dependence on professional qualification groups, which has actually been done on the ground on the basis of Decree N 605. The fact is that part 2 of Art. 144 of the Labor Code of the Russian Federation allows for the possibility of introducing tariffication of wages depending on the assignment of an employee to one or another professional qualification group only when establishing base salaries (rates).

In addition, with the urgent change "on the go" of the basic system to the "baseless" introduced by Decree N 583, there was a violation of the tripartite agreement reflected in the recommendations approved by the above commission on remuneration of state employees. Let me remind you that the content of Decree N 605 with basic salaries (rates) is inscribed in the recommendations, and not Decree N 583 with "baseless" wages. This means that the Government of the Russian Federation and officials on the ground should already act within the framework of the norms contained in part 1 of Art. 144 and article 135 of the Labor Code of the Russian Federation, and not in part 2 of Art. 144 of the Labor Code of the Russian Federation. There are no other rules corresponding to the situation under consideration in the Labor Code of the Russian Federation.

In connection with the foregoing, the automatic increase in wages expected by state employees, associated with the transfer to basic salaries (rates), can be carried out with "baseless" payment, provided that the employee "voluntarily" adds to the list of his labor functions with additional ones. Such a turn of events, we assume, will not suit all employees, will give rise to labor disputes that are difficult to resolve, since the situation will develop at the junction of the application of the rules of articles 72 and 74 of the Labor Code of the Russian Federation.

As you can see, the reform of the wage system for workers in the public sector of the economy will require considerable organizational efforts and legal knowledge, and in the absence of such, the expected innovations will result in considerable problems for persons subject to the reform. But the most important thing is that the results of its implementation do not come into conflict with constitutional and labor-legal guarantees and do not worsen the economic and other social status workers. Otherwise, without labor conflicts and the involvement of the Constitutional Court of the Russian Federation in the analysis of acts issued by executive authorities, things will not do.

M. Eremeev

The idea of reforming the wage system did not arise by chance, it was associated with a group of problems:

equalization in salaries;
failure to perform a stimulating function;
outdated calculus methodology.

All of these problems are "designed" to solve the new system of remuneration. As you know, in accordance with the Decree of the Government of the Russian Federation, from December 1, 2008, a decision was made to abolish the Unified wage scale for the relevant employees of federal budgetary institutions and civilian personnel of military units and to switch to new wage conditions.

The basis for its cancellation was the division that has become irrelevant for the present time budget workers by eighteen categories and a low level of wages of the first category of the rate, which was significantly less than the subsistence level of the able-bodied population in the Russian Federation. Thus, one of the problems faced by the heads of public institutions is the low competitiveness of wages of public sector employees in the labor market and, accordingly, the outflow of workers to commercial structures. In addition, the unified wage scale did not take into account all the features of the work of employees in various areas of budgetary activity, that is, it turned out that specialists working in various industries and having different level qualifications receive the same salary.

Over the past decade, salaries for state employees have been accrued in accordance with the Unified Tariff Scale. However, the current system of remuneration, according to officials and the workers themselves, does not make it possible to increase its size, since it is strictly regulated at the federal level and is strictly regulated by legislative acts. Everyone is guaranteed stable salaries, but at the same time, a huge drawback is that they do not stimulate people to increase productivity and achieve better results in their work.

From December 1, 2008, federal budgetary institutions must switch to a new wage system. According to the Decree, the new wage system abolishes the rigid tariff scale, and the salary of state employees will depend on the following factors:,

The amount of work performed;

Level of education, qualifications;

The professional duties of the employee;

Job requirements, etc.

However, the Government of the Russian Federation must approve the base salary for each qualification group, as well as determine additional compensation and incentive payments. These payments will be included in the remuneration system and will be set taking into account increasing coefficients. The list of compensation and incentive payments in federal budgetary institutions is established in accordance with the list of compensation and incentive payments approved by the Ministry of Health and Social Development. The amount and procedure for making incentive payments will be determined by the head of the institution and provided for by a collective agreement, agreement or local regulatory act. The amount of these payments will depend on the complexity and intensity of work, continuous length of service, as well as on the availability of the title or academic degree of the employee. Bonuses to employees of a budgetary institution will be paid depending on the timely and high-quality performance of their labor duties in order to material motivation workers for conscientious performance job duties, display of initiative and creativity.

New system wages for employees of budgetary institutions is introduced in order to attract young professionals, as well as improve the quality of services provided by budgetary institutions. The size of official salaries will be determined by the head of the institution. They will be established taking into account the requirements for professional training and the level of qualifications that are necessary for the implementation of the relevant professional activity, depending on the complexity and volume of the work performed.

I would also like to note that the remuneration system will be established taking into account:

unified tariff-qualification directory of works and professions of workers;
unified tariff-qualification directory of positions of managers, specialists and employees;
state guarantees for wages;
a list of types of compensation payments in federal budgetary institutions, approved by the Ministry of Health and Social Development;
a list of types of incentive payments in federal budgetary institutions, approved by the Ministry of Health and Social Development;
exemplary regulations on the remuneration of employees of institutions by type of economic activity, approved by federal state bodies and institutions - the main managers of federal budget funds;
recommendations of the Russian tripartite commission for the regulation of social and labor relations;
opinions of the workers' representative body.

Please note: the official salary of the head of the institution is determined by the employment contract, is set in multiples of the average salary of the main staff of the institution headed by him, and can be up to five sizes of the indicated average salary. The main personnel of the institution include employees who directly ensure the performance of the main functions for the implementation of which the enterprise was created. The procedure for calculating the average salary for determining the official salary of the head of an institution is established by the Ministry of Health and Social Development.

Official salaries of deputy heads and chief accountants of institutions are set at 10 - 30% lower than official salaries of the heads of these institutions.

The payroll fund for employees of institutions is formed for a calendar year based on the volume of limits for budgetary obligations of the federal budget, funds from state budgets off-budget funds and funds from income-generating activities.

Compensatory payments

The new wage system also provides for compensation payments. The Ministry of Health and Social Development should establish a list of types of such payments, as well as incentive bonuses. These payments will be established as a percentage of official salaries for the relevant professional qualification groups or in absolute amounts.

These payments will depend on factors such as:

level of professional training;
the presence of the highest qualification category or academic degree;
the complexity and volume of work performed.

Specific amounts and conditions for the implementation of incentive payments will be established in the collective agreement, agreements or local regulations.

The salary of the head, his deputies and the chief accountant will also consist not only of the official salary, but also of compensation and incentive payments. These payments will be established in the same way as for employees of a budgetary institution, that is, as a percentage of salaries or in absolute terms.

Incentive payments will be made by decision of the federal state body, which is the main manager of federal budget funds, from Money from income-generating activities.

In accordance with Article 144 of the Labor Code of the Russian Federation, professional qualification groups for positions of employees of higher and additional professional education are approved by the Order of the Ministry of Health and Social Development.

Employees of administrative and economic and educational and auxiliary personnel are divided into three qualification levels, the teaching staff and heads of structural divisions are divided into qualification levels. Each qualification level corresponds to one or two positions of the teaching staff and up to twenty positions of support staff.

For example, the head of the laboratory, the assistant to the rector and the assistant and teacher of the department correspond to the first qualification level, and their salary is a little more than a cleaner. That is, up to twenty positions are integrated into one qualification group, which does not take into account the individual differences of employees, the level of duties and the nature of the work performed.

Decree of the Government of the Russian Federation No. 583, which regulates the transition to a new wage system, was published in Russian newspaper On August 13, 2008, in No. 171 (4728), and already in No. 177 (4734), answers to questions from readers of Deputy Minister of Health and Social Development Alexander Safonov are published.

So, to the reader’s question: “Will it turn out that the bosses will abuse the new right and “reward with a decent” salary only favorites?”, Answers: “... After all, the salary of the manager himself will directly depend on the average salary of all the staff.” What's stopping you from leveling up? average pay labor in the following way - to reduce several positions and increase the wages of the remaining workers, but by fifty percent.

Let's illustrate the situation. In a hospital, three doctors of the same specialty receive a salary of twenty thousand rubles, the average salary is twenty thousand rubles, and the wage fund is sixty thousand rubles; we cut one position, the remaining two
they receive twenty-five thousand rubles each, the average salary is twenty-five thousand rubles, and the wage fund is fifty thousand rubles, that is, ten thousand rubles are saved. And the head of this institution receives one hundred and twenty-five thousand rubles, that is, five times more average salary, against a hundred thousand, which he could receive if he had three doctors working for him.

A similar situation can be observed in some medical institutions of the Saratov region. There are up to eight or ten doctors' offices of one specialty, and they accept one or two specialists, and at the doors of their offices there is a line of innocent patients.

In the same issue where the interview was published, there are the overwhelming majority of questions concerning the criteria for the effectiveness of the work of a state employee, which the institution itself must establish, following the instructions of ministries and departments. Many budgetary institutions set the amount of incentive payments up to twenty percent of the salary, thereby assuming that they increase work efficiency.

Some institutions form evaluation criteria: for a certain number of printed works - a certain amount of incentive payment. And if the teacher publishes several monographs, more than a dozen articles?

Obviously, the developers of the new wage system relied on the ideas put forward by R.I. Henderson, but did not work out the mechanism for introducing them into domestic practice. In our opinion, the new wage system in current form is not capable of stimulating the efficiency of the work of state employees, and this is its main goal. We need a different system for evaluating indicators, performance criteria, based on an analysis of the significance of the types of work. Yes, this is not a cheap and easy way, you need to introduce a new independent staff unit, train it in a similar technique, instill loyalty to it in all employees of the institution, and introduce related techniques, for example, a plagiarism check program.

Our university offered a similar methodology, based on international experience, to the Government of the Saratov region for the introduction of a new system of remuneration for employees of municipal institutions. But, apparently, the significance of the factor - the price - had a higher priority. We also understand the heads of budgetary institutions - they are obliged to follow the orders of ministries and departments.

Approved by the decision of the Russian tripartite commission for the regulation of social and labor relations of December 25, 2015, protocol No. 12

I. General provisions

1. Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2016 were developed by the Russian Tripartite Commission for the Regulation of Social and Labor Relations in accordance with Article 135 of the Labor Code of the Russian Federation in order to ensure uniform approaches to regulation salaries of employees of public sector organizations.

2. These recommendations are taken into account by the Government of the Russian Federation, bodies state power constituent entities of the Russian Federation and local governments in determining the volume of financial support for the activities of state and municipal institutions and the development of laws and other regulatory legal acts on remuneration of employees of these institutions.

At the same time, draft legislative acts, regulatory legal and other acts of executive authorities and local governments on the organization of remuneration for employees of state and municipal institutions, as well as documents and materials necessary for their discussion, are sent for consideration by the relevant trade unions (associations of trade unions) federal public authorities, public authorities of the constituent entities of the Russian Federation or local governments that adopt these acts.

The conclusions of the relevant trade unions (associations of trade unions) on the draft legislative acts, normative legal and other acts of executive authorities and local self-government bodies sent to them are subject to mandatory consideration by the federal state authorities, state authorities of the constituent entities of the Russian Federation or local self-government bodies that adopt these acts.

3. These recommendations are taken into account by the tripartite commissions for the regulation of social and labor relations, formed in the constituent entities of the Russian Federation and municipalities, when preparing agreements and recommendations on the organization of remuneration of employees of state and municipal institutions in 2016.

II. Principles of formation of federal, regional and municipal systems wages

4. Remuneration systems for employees of state and municipal institutions at the federal, regional and municipal levels are formed on the basis of the following principles:

a) the supremacy of the Constitution of the Russian Federation, federal laws and generally recognized principles and norms international law throughout the Russian Federation;

b) preventing a decrease and (or) deterioration in the size and conditions of remuneration of employees of state and municipal institutions in comparison with the size and conditions of remuneration provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation and local governments;

c) the establishment in state and municipal institutions of wage systems by agreements, collective agreements and local regulations in accordance with labor legislation and other regulatory legal acts of the Russian Federation containing labor law norms, including fixed salaries (official salaries), wage rates for performance of labor (official) duties for a calendar month or for established labor standards (hours pedagogical work per week (per year) for the wage rate), as well as the amount of additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, the amount of incentive payments;

d) ensuring the dependence of the wages of each employee on his qualifications, the complexity of the work performed, the quantity and quality of labor expended without limiting its maximum size;

e) ensuring equal pay for work of equal value, including when setting salaries (official salaries), wage rates, compensation and incentive payments, as well as preventing any kind of discrimination - differences, exceptions and preferences not related With business qualities employees and the results of their work, as well as the results of the activities of institutions;

f) increasing the level of the real content of the wages of employees of state and municipal institutions and other guarantees for wages provided for by labor legislation and other regulatory legal acts of the Russian Federation containing labor law norms.

III. List of norms and terms of remuneration, regulated by federal laws and other regulatory legal acts of the Russian Federation

5. Mandatory for application on the territory of the Russian Federation are the following norms and terms of remuneration established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation:

a) the minimum wage established by federal law;

b) inclusion in the employment contract with the employee (supplementary agreement to the employment contract) of the terms of remuneration, including a fixed amount, salary (official salary), wage rate established for him for the performance of labor (official) duties for a calendar month or for the norm labor (norm of hours of pedagogical work per week (per year) for the wage rate) depending on the complexity of the work performed, as well as the size and conditions of incentive and compensation payments;

c) dimensions district coefficients(coefficients) and the procedure for their application for calculating the wages of employees of organizations located in areas with special climatic conditions, as well as the amount of percentage bonuses to the wages of employees for the length of service in these areas and the procedure for their payment established by the Government of the Russian Federation.

Prior to the adoption of the relevant regulatory legal acts of the Russian Federation, regional coefficients (coefficients) and percentage bonuses for the length of service in these areas are applied to the wages of employees of organizations located in the regions of the Far North, areas equated to them, as well as in other areas with special climatic conditions. established by the Government of the Russian Federation or state authorities of the former USSR.

The state authorities of the constituent entities of the Russian Federation and local self-government bodies shall have the right, at the expense of the funds of the corresponding budgets of the constituent entities of the Russian Federation and the budgets of municipalities, to establish higher sizes of district coefficients for state bodies of the constituent entities of the Russian Federation, state institutions of the constituent entities of the Russian Federation, local self-government bodies, municipal institutions. A regulatory legal act of a constituent entity of the Russian Federation may establish a limit on the increase in the regional coefficient established by municipalities that are part of the constituent entity of the Russian Federation;

d) the amount and conditions for establishing increased wages for workers engaged in work with harmful and (or) hazardous conditions labor.

The amounts and conditions for establishing increased wages for workers employed in jobs with harmful and (or) dangerous working conditions cannot be reduced and (or) worsened in comparison with the amounts and conditions established in accordance with labor legislation, other regulatory legal acts of the Russian Federation containing labor law norms, as well as agreements and collective agreements, without special evaluation working conditions in order to implement the Federal Law of December 28, 2013 N 426-FZ "On the Special Assessment of Working Conditions", taking into account the changes introduced by the Federal Law of December 28, 2013 N 421-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in connection with the adoption of the Federal Law "On Special Assessment of Working Conditions";

e) A unified tariff and qualification reference book of works and professions of workers, consisting of tariff and qualification characteristics containing the characteristics of the main types of work on the professions of workers, depending on their complexity, and corresponding to them tariff categories, requirements for the professional knowledge and skills of workers, as well as examples of work, approved by the federal executive body responsible for developing state policy and legal regulation in the field of labor, or professional standards, the Unified Qualification Directory for the Positions of Managers, Specialists and Employees , consisting of the qualification characteristics of the positions of managers, specialists and employees, containing job responsibilities and requirements for the level of knowledge and qualifications of managers, specialists and employees, approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor , or professional standards.

The use of these reference books or professional standards is aimed at maintaining the unity of billing for work, establishing uniform approaches to determining the job responsibilities of employees and the qualification requirements for them, the correct selection and placement of personnel, improving the business skills of employees, rational division of labor, creating an effective mechanism for delimiting functions, powers and responsibilities between different categories of employees .

If, in accordance with 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 positions (professions) of employees of state and municipal institutions and their qualifications must correspond to the names of positions of managers , specialists and employees, professions of workers and qualification requirements to them, provided for by the Unified Tariff and Qualification Directory of Works and Professions of Workers and the Unified Qualification Directory for the Positions of Managers, Specialists and Employees or the relevant provisions of professional standards.

IV. Remuneration systems for employees of state and municipal institutions

6. Remuneration systems (including tariff wage systems) for employees of state and municipal institutions are established:

a) in federal state institutions - by agreements, collective agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation;

b) in state institutions of the constituent entities of the Russian Federation - agreements, collective agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation;

c) in municipal institutions - by agreements, collective agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

7. The establishment and change of wage systems for employees of state and municipal institutions are carried out taking into account:

a) implementation of decrees of the President of the Russian Federation of May 7, 2012 N 597 "On measures for the implementation of the state social policy", dated June 1, 2012 N 761 "On the national strategy of action in the interests of children for 2012 - 2017" and dated December 28, 2012 N 1688 "On some measures to implement state policy in the field of protecting orphans and children, left without parental care" (hereinafter referred to as the Decrees) in terms of remuneration of public sector employees, the provisions of 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 dated November 26, 2012 N 2190 -r and Decree of the Government of the Russian Federation of September 14, 2015 N 973 "On the improvement of statistical accounting in connection with the inclusion in the official statistical information of the indicator of the average monthly accrued wages of employees in organizations individual entrepreneurs and individuals(average monthly income from employment)", sectoral and regional action plans ("road maps"), changes in industries social sphere aimed at improving the efficiency of health care, social services population, culture, education and science, Decree of the Government of the Russian Federation of December 6, 2014 N 1331 "On approval of the Rules for the use in 2015 - 2017 of budgetary appropriations provided for by the Ministry of Health of the Russian Federation, the Ministry of Labor and Social Protection of the Russian Federation, the Ministry of Education and Science of the Russian Federation and the Ministry of Culture of the Russian Federation in order to implement the decrees of the President of the Russian Federation of May 7, 2012 N 597 "On measures for the implementation of state social policy", of June 1, 2012 N 761 "On the national strategy of action in the interests of children at 2012 - 2017" and dated December 28, 2012 N 1688 "On some measures to implement state policy in the field of protecting orphans and children left without parental care" in terms of increasing the wages of certain categories of workers ";

b) creating conditions for remuneration of employees depending on the results and quality of work, as well as their interest in the effective functioning of structural units and the institution as a whole, in improving the quality of services provided;

c) the achieved level of remuneration, including for certain categories of employees (determined on the basis of statistical data from the Federal State Statistics Service);

d) ensuring state guarantees for wages;

e) improving the procedure for setting salaries (official salaries), wage rates and other parts of the wages of employees by redistributing funds in the salary structure to optimize it, taking into account the tasks of staffing institutions and stimulating employees to improve labor results, recommendations of the relevant federal executive authorities those exercising management in the relevant types of activities;

f) increased wages for workers employed in work with harmful and (or) dangerous working conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms;

g) payments for overtime work, work at night, weekends and non-working holidays and for the performance of work in other conditions that deviate from normal, but not lower than the sizes established by labor legislation and other regulatory legal acts containing labor law norms;

h) wage fund formed for the calendar year;

i) opinions of the relevant elected body of the primary trade union organization and the relevant trade unions (associations of trade unions);

j) the procedure for certification of employees of state and municipal institutions, established in accordance with the legislation of the Russian Federation;

k) labor rationing systems determined by the employer (state and municipal institution), taking into account the opinion of the elected body of the primary trade union organization and (or) established by the collective agreement on the basis of standard labor standards for homogeneous work (intersectoral, sectoral and other labor standards, including time standards, production rates, population standards, typical (recommended) staff standards, service standards and other model standards approved in the manner prescribed by the legislation of the Russian Federation).

Revision of labor standards is allowed in the manner prescribed by labor legislation as new equipment, technologies are improved or introduced, and organizational or other measures are taken to ensure the growth of labor efficiency.

Employees must be notified of the introduction of new labor standards no later than 2 months in advance.

8. In cases where the amount of remuneration of an employee depends on the length of service, education, qualification category, state awards and (or) departmental insignia, academic degree, the right to change it arises in the following terms:

With an increase in the length of service of continuous work, pedagogical work, length of service, - from the date of reaching the corresponding length of service, if the documents are in the institution, or from the date of submission of a document on the length of service, giving the right to appropriate payments;

When receiving education or restoring documents on education - from the date of submission of the relevant document;

When establishing or assigning a qualification category - from the date of the decision attestation commission;

When conferring an honorary title, awarding departmental insignia - from the date of assignment, awarding;

When awarding the academic degree of Doctor of Science or Candidate of Science - from the day the Ministry of Education and Science of the Russian Federation makes a decision to issue a diploma.

If the employee has the right to change the amount of wages during the period of stay on annual or other leave, during the period of his temporary disability, as well as in other periods during which he retains the average wage, the change in the amount of his wages is carried out at the end of the specified periods.

V. Remuneration systems for employees of federal state institutions

9. Remuneration systems for employees of federal state institutions (hereinafter referred to as institutions) are established and amended by agreements, collective agreements, local regulations in accordance with labor legislation, other regulatory legal acts of the Russian Federation containing labor law norms, including the Regulation on the establishment of remuneration systems employees of federal budgetary, autonomous and government institutions, approved by Decree of the Government of the Russian Federation of August 5, 2008 N 583 "On the introduction of new wage systems for employees of federal budgetary, autonomous and government institutions and federal state bodies, as well as civilian personnel of military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and equivalent service, whose remuneration is currently carried out on the basis of the Unified tariff scale for remuneration of employees of federal state institutions".

10. Remuneration systems for employees of institutions are established and changed taking into account:

a) the Unified Tariff and Qualification Directory of Works and Professions of Workers and the Unified Qualification Directory for the Positions of Managers, Specialists and Employees or Professional Standards;

b) ensuring state guarantees for wages;

c) professional qualification groups approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor;

d) a list of types of compensation payments in institutions, approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor;

e) a list of types of incentive payments in institutions approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor;

f) exemplary regulations on the remuneration of employees of federal autonomous and budgetary institutions by type of economic activity, approved by federal state bodies and institutions - the main managers of federal budget funds;

g) regulations on the remuneration of employees of subordinate federal state institutions by type of economic activity, approved by the federal executive authorities exercising the functions and powers of the founder;

i) opinions of the elected body of the primary trade union organization.

11. The amounts of salaries (official salaries), wage rates are established on the basis of professional qualification groups (qualification levels of professional qualification groups) approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor (hereinafter, respectively - professional qualification groups, qualification levels), or on the basis of salary schemes (official salaries), taking into account the provision of their differentiation depending on the complexity of the work.

For positions of employees not included in professional qualification groups, the amount of salaries (official salaries) are established depending on the complexity of the work in the form of salary schemes (official salaries).

12. The regulation on the remuneration of employees of an institution, developed by the institution, provides for specific salaries (official salaries, wage rates) for the relevant positions and professions (groups of positions and professions). It is not correct to use the terminology "recommended minimum dimensions" or "minimum sizes" of salaries (official salaries), wage rates used in exemplary provisions on remuneration of employees of autonomous and budgetary institutions by type of economic activity, approved by federal state bodies and institutions - the main managers of federal budget funds.

Federal state treasury institutions are guided by the regulations on the remuneration of employees of subordinate federal treasury institutions by type of economic activity, approved by the federal executive authorities exercising the functions and powers of the founder, which are binding on them.

13. In the employment contract (in additional agreement to an employment contract) with an employee, a fixed amount of salary (official salary), wage rate, established for him for the performance of labor (official) duties of a certain complexity (qualification) for a calendar month or for an established labor norm (norm of hours of pedagogical work per week (in year) per wage rate).

14. The employment contract (in the supplementary agreement to the employment contract) with the employee provides for the amount of compensation payments if he performs work under the following conditions:

a) at work with harmful and (or) dangerous working conditions. At the same time, the amounts and (or) conditions of increased wages for work with harmful and (or) dangerous working conditions established for the employee in accordance with labor legislation, other regulatory legal acts of the Russian Federation containing labor law norms, as well as agreements and collective agreements cannot be canceled without improving working conditions, confirmed by a special assessment of working conditions.

Employers take measures to improve the working conditions of employees, taking into account the results of a special assessment of working conditions;

b) in conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays, and when performing work in other conditions that deviate from normal);

c) at work in areas with special climatic conditions (regional coefficients, coefficients to wages, as well as percentage bonuses to wages for work experience in the regions of the Far North and equivalent areas, in the southern regions of Eastern Siberia and the Far East);

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

15. The amount of compensation payments cannot be lower than the amounts established by labor legislation, other regulatory legal acts of the Russian Federation containing labor law norms, agreements and collective agreements.

16. The amounts and conditions for the implementation of incentive payments for all categories of employees of institutions are established by agreements, collective agreements, local regulations adopted taking into account the opinion of the representative body of employees on the basis of formalized indicators and performance criteria.

The development of performance indicators and criteria is carried out taking into account the following principles:

a) objectivity - the amount of remuneration of an employee should be determined on the basis of an objective assessment of the results of his work, as well as for the achievement of collective labor results;

b) predictability - the employee must know what remuneration he will receive depending on the results of his work, as well as for the achievement of collective labor results;

c) adequacy - remuneration should be adequate to the labor contribution of each employee to the result of collective work;

d) timeliness - remuneration should follow the achievement of results;

e) transparency - the rules for determining remuneration should be clear to each employee.

When developing performance indicators and criteria, it is recommended to take into account the guidelines for the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees, approved by order of the Ministry of Health of the Russian Federation Federation of June 28, 2013 N 421, by order of the Ministry of Labor and Social Protection of the Russian Federation of July 1, 2013 N 287 and by order of the Ministry of Culture of the Russian Federation of June 28, 2013 N 920, provided for in the letters of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 N AP-1073/02, the Ministry of Culture of the Russian Federation dated August 5, 2014 N 166-01-39/04-NM, as well as the need to achieve the target values established in the action plans for the implementation of "road maps" indicators development of relevant industries for 2016.

17. The employment contract (supplementary agreement to the employment contract) with the employee provides for the amount and conditions for making incentive payments.

18. Wages of employees of institutions (excluding bonuses and other incentive payments) when changing the wage system cannot be less than wages (excluding bonuses and other incentive payments) paid to employees before the change, provided that the volume of labor ( official) duties of employees and their performance of work of the same qualification.

19. The staff list of the institution is approved by the head of the institution and includes all the positions of employees (professions of workers) of this institution.

20. When concluding employment contracts with employees, it is recommended to use approximate form of an employment contract with an employee of an institution, given in Appendix No. 3 to the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, and recommendations for formalizing labor relations with an employee of a state (municipal) institution upon introduction of " effective contract", approved by the order of the Ministry of Labor and Social Protection of April 26, 2013 N 167n.

VI. Remuneration systems for heads of state and municipal institutions, their deputies and chief accountants

21. The salary of heads of institutions, their deputies and chief accountants consists of official salary, compensation and incentive payments.

22. Official salaries are set for the heads of institutions depending on the complexity of the work, including taking into account the scale of management and the characteristics of the activities and significance of institutions.

23. Compensatory payments are established to managers depending on their working conditions in accordance with labor legislation, other regulatory legal acts of the Russian Federation containing labor law norms.

24. Incentive payments to the heads of institutions are recommended to be made depending on their achievement of target performance indicators established by the state authority or local government in charge of the institution. As an indicator for evaluating the performance of the head of an institution, an increase in the average salary of employees of the institution in the reporting year compared to the previous year, without taking into account the increase in wages in accordance with decisions of higher authorities, can be established.

25. The terms of remuneration for the heads of institutions are established in an employment contract (additional agreement to an employment contract), drawn up in accordance with the standard form of an employment contract with the head of a state (municipal) institution, approved by Decree of the Government of the Russian Federation of April 12, 2013 N 329 "On standard form of an employment contract with the head of a state (municipal) institution.

It is recommended to establish a limiting ratio of the average wages of heads of institutions and the average wages of employees of institutions, formed from all sources of financial support and calculated for the calendar year.

The maximum ratio of the ratio of the average salary of managers and employees of the institution (excluding the head, deputy heads, chief accountant) is recommended to be determined in a multiple of 1 to 8.

26. Official salaries of deputy heads of institutions and chief accountants are recommended to be set at 10-30 percent lower than official salaries of the heads of these institutions. The terms of remuneration for the said employees are established by labor contracts in accordance with collective agreements, local acts of institutions.

It is recommended to establish the ratio of the average salary of deputy heads of institutions and chief accountants and the average salary of employees of institutions, formed from all sources of financial support and calculated for the calendar year.

The maximum ratio of the ratio of the average salary of deputy heads of institutions and chief accountants and employees of the institution (excluding the head, deputy heads, chief accountant) is recommended to be determined in a multiple of 1 to 8.

27. Compensatory payments are established to deputy heads and chief accountants of institutions depending on their working conditions in accordance with labor legislation and other regulatory legal acts of the Russian Federation containing labor law norms. Incentive payments to deputy heads of institutions are recommended to be established taking into account the achievement of target performance indicators for their work.

VII. Formation of wage funds in state and municipal institutions

28. The wage fund in federal state institutions is formed on the basis of the volume of limits of budgetary obligations of the federal budget provided for the remuneration of employees of state institutions, the amount of subsidies to budgetary and autonomous institutions for financial support for the fulfillment of the state (municipal) task, the amount of funds from state extra-budgetary funds, aimed at reimbursement of costs of institutions for the provision of medical services, and funds from income-generating activities.

29. The wage fund in state and municipal institutions under the jurisdiction of state authorities of the constituent entities of the Russian Federation and local governments is formed in accordance with the legislation of the Russian Federation, constituent entities of the Russian Federation and regulatory legal acts of municipalities.

VIII. Remuneration systems for employees of state institutions of the constituent entities of the Russian Federation and municipal institutions

30. Remuneration systems for employees of state institutions of the constituent entities of the Russian Federation and municipal institutions (hereinafter referred to as institutions) are established by agreements, collective agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation containing labor law norms, laws and other regulatory legal acts of state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments and taking into account these recommendations.

It is recommended that state authorities of the constituent entities of the Russian Federation and local self-government bodies:

a) when changing the conditions of remuneration of employees of institutions, provide for the establishment of minimum salaries (minimum official salaries), minimum rates wages by professional qualification groups (qualification levels of professional qualification groups);

b) not allow the establishment of different salaries (official salaries), wage rates, as well as the establishment of salary ranges (official salaries), wage rates for qualification levels of professional qualification groups or by positions of workers with equal complexity of work.

For positions of employees not included in professional qualification groups, the amount of salaries (official salaries) is established depending on the complexity of the work;

c) not to allow a decrease in the achieved level of remuneration (including salaries (official salaries), wage rates) of employees of institutions transferred to another form of ownership (federal property, property of a constituent entity of the Russian Federation, municipal property), in the event of a change for them in remuneration systems, as well as employees of institutions reorganized by merging or joining them to institutions whose employees have a lower level of remuneration, provided that the volume of labor (official) duties of employees is preserved, they perform the same work qualifications and working conditions.

31. State authorities of the constituent entities of the Russian Federation, regional associations of trade unions and regional associations of employers are recommended to conclude regional agreements on minimum wages in 2016 with the extension of their effect to all employees of state institutions of the constituent entity of the Russian Federation and municipal institutions.

32. When developing regulatory legal acts on remuneration of employees of institutions, state authorities of the constituent entities of the Russian Federation and local governments, along with the application of the principles of formation of remuneration systems, as well as labor standards (norms of hours of pedagogical work per week (per year) for the wage rate wages) and wage conditions regulated by federal laws and other regulatory legal acts of the Russian Federation containing labor law norms, it is recommended to use the procedure for the formation of wage systems provided for in section V of these recommendations for federal state institutions, paying particular attention to the application of these acts by institutions on :

a) the establishment of fixed salaries (official salaries), wage rates for employees based on professional qualification groups (qualification levels of professional qualification groups);

b) setting salaries (official salaries), wage rates for positions of employees not included in professional qualification groups, depending on the complexity of the work;

c) determination of fixed salaries (official salaries), wage rates for the performance of labor (official) duties for a calendar month or for established labor standards (norms of hours of pedagogical work per week (per year) for the wage rate) for the position occupied by the employee;

d) application of types of compensation and incentive payments in accordance with the lists of types of compensation and incentive payments approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor for federal state institutions, taking into account the provisions provided for section V of these recommendations;

e) the fact that the staff list is approved by the head of the institution;

f) setting the wages of employees of institutions (excluding bonuses and other incentive payments) when new wage systems are introduced and changing them in the amount not less than the wages (excluding bonuses and other incentive payments) paid to these employees before the introduction of such wage systems and their changes, subject to the preservation of the volume of labor (official) duties of employees and the performance of work by them of the same qualifications.

33. When developing regulatory legal acts on the remuneration of employees of institutions, state authorities of the constituent entities of the Russian Federation and local governments are not entitled to:

a) form and approve professional qualification groups, qualification levels of professional qualification groups and criteria for classifying the professions of workers and positions of employees to professional qualification groups;

b) transfer the professions of workers and positions of employees to other professional qualification groups and qualification levels of professional qualification groups, change the procedure for regulating the length of working hours (standard hours of teaching work per week (per year) for the wage rate), including introducing wages at on the basis of official salaries instead of wage rates for employees whose labor rationing is carried out taking into account the norms of hours of pedagogical work per week (per year) for the wage rate;

c) apply the names of positions (professions) of employees that do not correspond to the names of positions of managers, specialists and employees, professions of workers and qualification requirements for them, provided for by the Unified Tariff and Qualification Directory of Works and Professions of Workers, the Unified Qualification Directory of Positions of Managers, Specialists and Employees or relevant the provisions of professional standards, if in accordance with 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;

d) approve qualification characteristics by positions of employees and professions of workers;

d) retreat from unified register scientific degrees and academic titles and the procedure for awarding academic degrees, approved in the prescribed manner;

f) establish increasing coefficients for the presence of secondary vocational or higher education when determining the size of official salaries (wage rates) for positions of employees whose qualification characteristics do not contain requirements for the presence of secondary vocational or higher education;

g) establish for the positions of employees included in the same qualification level of a professional qualification group, different sizes of increasing coefficients for tariff rates, salaries (official salaries), wage rates.

h) to establish reduction coefficients for the positions of employees formed into a professional qualification group of positions, the occupation of which requires a higher education, in the event that a person who does not have a higher education is hired for such a position.

34. When applying wage systems for employees of institutions, attention should be paid to:

a) the need to form in the provisions on remuneration developed in the institution, the conditions of remuneration that are peculiar only to employees of this institution, as well as the obligation to establish in them for all positions of employees of the institution of fixed salaries (official salaries), wage rates payment for the performance of labor (official) duties for a calendar month or for the established labor norm (the norm of hours of pedagogical work per week (per year) for the wage rate) in relation to the relevant professional qualification groups (qualification levels of professional qualification groups). At the same time, the minimum salaries (official salaries), wage rates provided for in the exemplary regulations on remuneration of employees of autonomous and budgetary institutions by type of economic activity, approved by state authorities of the constituent entities of the Russian Federation and local governments, are recommended to be used only as guidelines for establishing institutions of specific salaries (official salaries), wage rates for the positions of employees of the institution;

b) fixing in an employment contract with an employee (in an additional agreement to an employment contract) his specific labor function, remuneration conditions indicating a fixed salary (official salary), wage rate established for him for the performance of labor (official) duties for a calendar month or for the established norm of labor (the norm of hours of pedagogical work per week (per year) for the wage rate);

c) the formation of a single staffing table in the institution, regardless of what types of economic activity the structural divisions of the institution belong to;

d) the existence of criteria and indicators to stimulate the work of employees, depending on the results and quality of work, as well as their interest in the effective functioning of structural units and the institution as a whole;

e) the use of democratic procedures in evaluating the performance of various categories of employees in order to decide on the establishment of incentive payments to them (the creation of an appropriate commission with the participation of a representative body of employees);

f) the need to amend labor contracts with employees (concluding additional agreements to labor contracts) in cases of changes in the conditions and amounts of remuneration, including when switching to new wage systems, when establishing and changing salaries (official salaries), rates wages set for employees for the performance of their labor (official) duties for a calendar month or for the established labor norm (the norm of hours of pedagogical work per week (per year) for the wage rate), the amount of compensation and incentive payments;

g) it is inexpedient to introduce into local regulations provisions that duplicate the norms of the Labor Code of the Russian Federation, as well as other regulatory legal acts of the Russian Federation containing labor law norms.

35. When concluding employment contracts with employees, it is recommended to use the approximate form of an employment contract with an employee of an institution, given in Appendix No. 3 to the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, and recommendations for formalizing labor relations with an employee state (municipal) institution when introducing an "effective contract", approved by order of the Ministry of Labor and Social Protection of the Russian Federation of April 26, 2013 N 167n.

IX. Features of the formation of wage systems for education workers

37. State authorities of the constituent entities of the Russian Federation, local governments and heads of state and municipal educational institutions in the formation of remuneration systems for teachers and other education workers in 2016 must take into account the following.

Prevent the reduction in the level of wages of employees of educational institutions, including teachers, achieved in 2015 and determined on the basis of statistical data from the Federal State Statistics Service.

For Development human resources, increasing the prestige and attractiveness of the teaching profession, achieving in 2016 the target values of the indicator of the average salary of pedagogical workers of educational institutions. wages of persons working in the regions of the Far North and areas equivalent to them), so that the salaries (official salaries), wage rates of employees in the wage structure in educational institutions of higher education are not lower than 70 percent, and in other educational institutions - not less than 60 percent.

Determine the working hours of teachers or the norms of hours of pedagogical work for the wage rate per week (per year) in accordance with the provisions of the order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601 "On the duration of working hours (norms of hours of pedagogical work for the wage rate) of teachers and on the procedure for determining the teaching load of teachers specified in the employment contract "(hereinafter - order N 1601), providing that, depending on the position and (or) specialty of teachers, taking into account the characteristics of their work, either working hours of 30 or 36 hours per week, or the norm of teaching hours for a wage rate of 18, 20, 24, 25, 30, 36 hours per week or 720 hours per year.

When concluding labor contracts (supplementary agreements to labor contracts) with teachers for whom the norms of hours of pedagogical work for the wage rate per week (per year) are established by paragraph 2.8 of Appendix 1 to Order N 1601), ensure that they include conditions related to :

The actual volume of the training load, determined annually at the beginning of the academic year (training period, sports season) in the manner prescribed by sections II - V of Appendix 2 to Order N 1601;

The size of the wage rate used to calculate wages depending on the actual volume of the teaching load (that is, with the size of the wage rate established taking into account its increase for the presence of a qualification category, as well as on other grounds for the increase provided for by the wage system, as a result which set its new size);

The amount of wages calculated taking into account the actual volume of the teaching load;

The amounts and factors that determine the receipt of compensatory payments, including payments for work in conditions that deviate from normal, which may include payments for additional work related to class management, checking written works, management of departments, branches, educational and consulting points, offices, departments, educational workshops, laboratories, educational and experimental sites, management of subject, cyclic and methodological commissions and other types of additional work;

Sizes and terms of incentive payments.

It is also recommended that similar terms of remuneration, taking into account the actual volume of pedagogical work, be provided for in the employment contracts of other pedagogical workers, for whom the norms of hours of pedagogical work for the wage rate per week (per year) are established by paragraph 2.3. - 2.7. Appendix 1 to order N 1601.

In the systems of remuneration of teachers, named in paragraphs 2.3 - 2.8 of Appendix 1 to Order N 1601, performing pedagogical work or educational (teaching) work with their written consent, in excess of the established norm of hours per week (per year) for a wage rate or lower the established norm of hours per week (per year) for the wage rate, provide for the following procedure for calculating wages for the entire volume of pedagogical or educational (teaching) work:

For teachers named in clauses 2.3. - 2.7. and in subparagraph 2.8.1. of the specified order - by multiplying the wage rates for the calendar month by the actual volume of the teaching load (pedagogical work) per week and dividing the resulting work by the norm of hours of teaching or pedagogical work per week, established for the wage rate;

For teachers of educational organizations implementing educational programs of secondary vocational education, as well as programs vocational training for which subparagraph 2.8.2 of the said order establishes the norm of hours of pedagogical work for a wage rate of 720 hours per year - by determining the average monthly wage, for the calculation of which the hourly rate of the teacher is multiplied by the volume of the annual teaching load established for him and dividing the resulting work by 10 academic months. hourly rate is determined by dividing the monthly wage rate by the average monthly rate of study load (72 hours).

Salary rates for a calendar month, established for teachers named in subparagraphs 2.8.1 and 2.8.2 of Appendix 1 to Order N 1601, for the norm of hours of pedagogical work, respectively, 18 hours a week, 720 hours a year, and which are a normalized part for them their pedagogical work, are paid to the specified pedagogical workers, taking into account the performance by them of other pedagogical work included in their official duties in accordance with the qualification characteristics.

According to paragraph 2.2 of Appendix 2 to Order N 1601, individual teachers who cannot be provided with an academic load in the amount corresponding to the standard hours of study (teaching) work established for the wage rate per week should be paid wage rates in full, provided loading them up to the established norm of hours with other pedagogical work.

According to paragraph 1.4 of Appendix 2 to Order N 1601, employment contracts (additional agreements to the employment contract) of teachers replacing the positions of the teaching staff of organizations that carry out educational activities for educational programs of higher education, additional professional programs (hereinafter referred to as the organization), the amount of teaching load established in the manner prescribed by clause 6.1 of the said order, taking into account which:

To determine the volume of the teaching load of the teaching staff annually at the beginning of the academic year, the local regulatory act of the organization for structural divisions taking into account the areas of training provided by them, the average volume of the teaching load, as well as its upper limits, is established differentially according to the positions of the teaching staff;

The teaching load of each pedagogical worker replacing the positions of the teaching staff is determined depending on the position he holds, the level of qualification and cannot exceed the upper limits established for the positions of the teaching staff.

It should be borne in mind that in accordance with paragraphs 7.1.2 and 7.1.3 of Appendix 2 to Order N 1601 in organizations engaged in educational activities in educational programs of higher education, as well as in additional professional programs, upper limit the teaching load, determined by the positions of the teaching staff in the manner prescribed by paragraph 6.1 of the said order, is established in an amount not exceeding 900 or 800 hours, respectively, in an academic year.

The teaching load of teaching staff replacing the positions of the teaching staff includes the contact work of students with a teacher in the types learning activities, established depending on the educational programs of higher education (bachelor's, specialist's, master's, residency programs, programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), for additional professional programs), approved by the relevant orders of the Ministry of Education and Science of the Russian Federation, named in paragraph 6.3. Appendix 2 to Order N 1601. An academic or astronomical hour is taken as a unit of time in accordance with the established value of the credit unit used in the implementation of the relevant educational programs.

The time norms for the types of educational activities included in the teaching load of the teaching staff are independently determined by the organization and approved by its local regulatory act.

When determining the ratio of the teaching load and other activities provided for by the official duties and/or individual plan(scientific, creative, research, methodical, preparatory, organizational, diagnostic, medical, expert, other, including those related to improving one's professional level), within the working time of 36 hours per week, the following are taken into account:

The position held by the teacher;

Time norms by types of educational activities, approved by the local regulatory act of the organization.

X. Features of the formation of payment systems for state employees and municipal health institutions

37. State authorities of the constituent entities of the Russian Federation, local authorities, heads of state and municipal health care institutions, when forming employee remuneration systems, must take into account the following:

a) the increase in remuneration of employees of healthcare institutions operating in the system of compulsory medical insurance is carried out at the expense of all sources of financing, including through subventions Federal Fund compulsory medical insurance, taking into account the increase in financial support for expenses incurred under the basic program of compulsory medical insurance, as well as interbudgetary transfers from the budgets of the constituent entities of the Russian Federation for additional financial support for territorial programs of compulsory medical insurance;

b) in order to preserve human resources, increase the prestige and attractiveness of work in medical institutions, reduce intra-regional differentiation in wages, it is recommended to continue work to improve wage systems medical workers to increase the share of salary payments in the salary structure of employees, balancing it in such a way that, without taking into account compensation payments for work in areas with special climatic conditions, 55-60 percent of wages are directed to salary payments, 30 percent of the salary structure is stimulating payments mainly for the achievement of specific performance results in terms of performance indicators and criteria, advanced training, 10-15 percent of the salary structure compensation payments depending on the working conditions of medical workers;

c) when establishing incentive payments for the achievement of specific results of employees' activities, provide for indicators and criteria for the effectiveness of employees' activities, reflected in the regulatory legal acts of the constituent entities of the Russian Federation, local regulations and employment contracts with employees of institutions;

d) when establishing incentive payments for qualification category provide for an increase in the share of payments for these purposes in the total amount of incentive payments;

e) making cash incentive payments to district general practitioners, district pediatricians, general practitioners (family doctors), district nurses, district general practitioners, district pediatricians and nurses of general practitioners (family doctors) for the provided medical assistance in an outpatient setting; medical workers of feldsher-midwife stations (heads of feldsher-obstetric stations, paramedics, obstetricians (midwives), nurses, including patronage nurses) for the medical care provided on an outpatient basis; doctors, paramedics and nurses of medical organizations and ambulance units for the provided emergency medical care outside medical organization; to medical specialists for the provided medical care on an outpatient basis is made at the expense of compulsory medical insurance, taken into account in terms of wage costs in the tariffs for payment for medical care, formed in accordance with the methods of payment for medical care adopted in the territorial program of compulsory medical insurance.

It is recommended that the amounts of these payments be established by regulatory legal acts of the constituent entities of the Russian Federation, local authorities not lower than those previously established within the framework of the national project "Health" and healthcare modernization programs;

f) an increase in the remuneration of employees of institutions engaged in work with harmful and (or) dangerous working conditions is carried out based on the results of a special assessment of working conditions, in the amount of at least 4% of the salary (official salary) established for various kinds work under normal working conditions.

Specific amounts of increased wages for employees are established by the employer in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement, an employment contract.

The established amounts of wage increases cannot be reduced without confirmation of the improvement in working conditions by the results of a special assessment of working conditions.

If, according to the results of a special assessment of working conditions workplace recognized as safe, wage increases are not made.

The amount of compensation payments to medical workers involved in the provision of psychiatric care, diagnosing and treating HIV-infected people, and persons whose work is related to materials containing the human immunodeficiency virus, as well as directly involved in the provision of anti-tuberculosis care, are established in the manner and amount determined by executive authorities of the constituent entities of the Russian Federation;

g) in order to prevent unreasonable differentiation in the wages of managers and employees medical institutions it is recommended to set the maximum level of the ratio of the average wages of managers and employees of the institution in a multiple of 1 to 6, taking into account the complexity and volume of work performed (the level of medical care, the bed capacity of the institution, the number of people attached to the institution, the number of employees, etc.);

h) formation staffing tables health care institutions is carried out taking into account the nomenclature of positions of medical workers and pharmaceutical workers, approved by order of the Ministry of Health of the Russian Federation of December 20, 2012 N 1183n.

XI. Features of the formation of wage systems for employees of state and municipal institutions of culture, art and cinematography

38. Federal authorities the state authorities and the main managers of federal budget funds that have cultural institutions in their jurisdiction, state authorities of the constituent entities of the Russian Federation, local governments, heads of state and municipal institutions of culture, art and cinematography, when forming employee remuneration systems, must take into account the following:

a) in order to implement the Decree of the President of the Russian Federation of May 7, 2012 N 597, bringing by 2018 the average salary of employees of cultural institutions to the average salary in the corresponding region is carried out taking into account the increase in wages as a matter of priority and at a faster pace for employees classified as the main staff.

An increase in remuneration for other personnel of cultural institutions is carried out in accordance with the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms and determining the remuneration systems for employees of state and municipal institutions at the federal, regional and local levels;

b) the size of the average salary of employees of cultural institutions in the regional "road maps" in 2016 is set not lower than the level achieved in 2015, for this purpose all necessary measures are taken to maintain the nominal values achieved (Decree of the Government of the Russian Federation of September 14, 2015 No. 973).

When planning expenses for increasing the remuneration of employees of cultural institutions and assessing the achievement of target wage indicators set in regional road maps and agreements, the indicator of the average monthly accrued wages of employees in organizations, individual entrepreneurs and individuals (average monthly income from labor activity);

c) in order to form reasonable optimal indicators of the labor intensity of work, issuing normalized tasks, as well as to establish the required staffing level in libraries, zoos, film funds, museums and other museum-type organizations, standard industry labor standards are introduced, approved by the following orders of the Ministry of Culture of Russia dated 30 December 2014;

N 2477 "On the approval of standard industry labor standards for work performed in libraries" (registered with the Ministry of Justice of Russia on May 12, 2015, registration N 37244);

N 2478 "On the approval of standard industry labor standards for work performed in zoos, film funds, museums and other museum-type organizations" (registered with the Ministry of Justice of Russia on May 7, 2015, registration N 37153);

N 2479 "On approval of the Guidelines for the formation of the staffing of state (municipal) cultural institutions (libraries, film funds, zoos, museums and other museum-type organizations), taking into account industry specifics."

At the same time, Methodological recommendations on the introduction of labor rationing in state (municipal) cultural institutions are also used, indicating the features of the introduction of standard labor standards in libraries, film funds, zoos, museums and other museum-type organizations (letter dated July 3, 2015 N 231-01- 39-NM);

d) in order to increase the prestige and attractiveness of work in cultural institutions, to meet the target values of the indicator of the average wage of employees of cultural institutions, it is recommended to improve the system of remuneration for employees of state (municipal) cultural institutions, by increasing the share of payments aimed at salaries (excluding compensation payments for work in areas with special climatic conditions), up to 50 - 55 percent, 10 - 15 percent should be provided for compensation payments, depending on the conditions of remuneration for workers of cultural institutions. The remaining part of the salary structure is directed to incentive payments, including incentives for employees for meeting performance indicators in the reporting period.

At the same time, the provision of differentiation of wages for the main and other personnel, optimization of expenses for administrative, managerial and auxiliary personnel, taking into account the specifics of the activities of a cultural institution, is maintained.

e) in state (municipal) performing arts institutions, it is recommended to use the following features in the remuneration of individual employees:

where performance-based remuneration for artistic and artistic personnel is applied, the amount of wages can be calculated on the basis of a one-time concert rate and the monthly number of performances. The size of a one-time concert rate (for a performance, performance, production) is determined by the ratio of the official salary of the artistic and artistic staff to the monthly rate of performances, productions, established by the institution independently;

for employees from among the artistic and artistic personnel who have extensive professional experience, high professional skills, bright creative individuality, wide recognition of the audience and the public, individual conditions and wages are established that exceed the conditions and wages of employees provided for by the regulation on wages institutions";

f) the amount of financial support for the fulfillment of the state (municipal) task is calculated on the basis of the standard costs for the provision of state (municipal) services, approved in the manner established respectively by the Government of the Russian Federation, the highest executive body of state power of the constituent entity of the Russian Federation, local administration, in compliance with General requirements to the determination of the standard costs for the provision of state (municipal) services in the field of culture, cinematography, archiving, used in calculating the amount of subsidies for financial support for the implementation of state (municipal) assignments for the provision of state (municipal) services (performance of work) by a state (municipal) institution , approved by the order of the Ministry of Culture of Russia of June 9, 2015 N 1762 (registered by the Ministry of Justice of Russia, registration N 38207 of 06/27/2015).

The Russian tripartite commission for the regulation of social and labor relations, in order to ensure uniform approaches to the regulation of wages of employees of organizations in the public sector, developed "Unified recommendations for the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2017" (hereinafter - Recommendations).

— the principles of formation of wage systems were determined;

- lists the mandatory norms and conditions of remuneration;

- the issues of remuneration of heads of institutions, their deputies and chief accountants were considered;

According to the principles of the formation of wage systems, formulated in the Recommendations, wages should depend on the qualifications of the employee, the complexity of the work, the quantity and quality of the labor expended. Its maximum size cannot be limited. Real wages must rise.

The staff list of the institution is approved by the head of the institution and includes all the positions of employees (professions of workers) of this institution.

Wage systems are established and changed, including taking into account the annual wage fund, the opinion of trade unions, attestation of workers, and labor rationing systems. The revision of labor standards is allowed as the improvement or introduction of new equipment, technology and the implementation of organizational or other measures that ensure the growth of labor efficiency. The regulation on the remuneration of employees, developed by the institution, provides for specific salaries. Employees must be notified of the introduction of new labor standards no later than 2 months in advance.

For example, when forming the systems of remuneration for teachers and other workers in the field of education in 2017, the authorities of the constituent entities of the Russian Federation and local self-government, heads of educational institutions are recommended to:

- to prevent the decrease in the level of wages achieved in 2016;

- salaries (official salaries), wage rates of employees in the wage structure in educational organizations should be at least 70 percent;

- when concluding labor contracts (additional agreements to labor contracts) with teachers, in the systems of remuneration of employees in the field of education, be guided by the norms of orders of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601, of May 11, 2016 N 536;

- in an employment contract (in an additional agreement to an employment contract) with an employee, provide for a fixed amount of salary (official salary), wage rates established for him for a calendar month or for an established labor standard (norm of hours of pedagogical work per week (per year) per rate salary); the amount of compensation payments, if any; the size and conditions for making incentive payments;

- when concluding employment contracts with employees, use the approximate form of an employment contract given in Appendix No. 3 to the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018.

The recommendations also determine that in cases where the amount of remuneration of an employee depends on the length of service, education, qualification category, state awards and (or) departmental insignia, academic degree, the right to change it arises in the following terms:

- with an increase in the length of service of continuous work, pedagogical work, length of service - from the date of reaching the corresponding length of service, if the documents are in the institution, or from the date of submission of a document on the length of service giving the right to appropriate payments;

- when receiving education or restoring documents on education - from the date of submission of the relevant document;

- when establishing or assigning a qualification category - from the date of the decision by the attestation commission;

- when conferring an honorary title, awarding departmental insignia - from the date of assignment, awarding;

- when awarding the degree of Doctor of Science or Candidate of Science - from the date of the decision of the Ministry of Education and Science of Russia to issue a diploma.

For reference

In Russian educational organizations, 3 models of remuneration are used. They are built on general principles, but have significant differences.

Model #1"Basic salary" - is based on the base salary and increasing coefficients, which are approved at the regional level. Employees filling the same position have the same base salary. When calculating the permanent part of the salary of school employees, increasing coefficients are applied to the base salary.

Model #2 All inclusive - based on official salary for 36 teacher hours per week. In this model, all teacher activities are paid in salary for 36 working hours per week. This includes teaching hours and other work determined by the teacher's job responsibilities. The cost of a teacher's hour may be approved at the school, municipality or regional level.

Model #3"Student-hour" - based on the concept of "student-hour". In this model, when calculating the constant part of the teacher's salary, both the difference in the number of teaching hours he leads and the number of students with whom he works are taken into account. The value of the "student-hour", the number of student-hours of workload for the teacher, each school determines independently.

Detailed information about the models can be found, for example, on the website of the Uchitelskaya Gazeta (http://www.ug.ru/).

On the formation of wage systems for state employees in 2017: 37 comments

What kind of salary increase are you talking about? I'm not talking about the average teacher's salary of 36 thousand. Salary for music directors kindergarten was 8400 rubles, and after the salary increase it became 9600 rubles. Added 1200 rubles - increased by 15% + 3% per category. And now they have removed 30% for the highest category - this is 2520 rubles. And in the end, if the music director used to receive 11,000 rubles for a salary, now, after the promotion - 9,888 rubles ... How is it possible not to love music and not to put our profession in anything ?!

I work as a teacher in a correctional group (children with cerebral palsy), if earlier, before the new wage system, my rate was 8715 (by the way, this includes method. literature 105 rubles), now the rate is 8444 (this also includes method. literature 105 rubles .). How does it happen? What kind of new payment system is this, who developed it did not calculate that the salary of one category of educators would increase, while that of another would decrease. In our kindergarten, everyone's salaries, albeit slightly increased, and only correctional salaries remained in the red. It turns out that at the expense of one they raised the other? Maybe we should revise the calculations, so that everyone would be in the black?

I have been working as a music director for 23 years. For more than 3 decades, the rate was supposed to be -4 gr. If they led 6 gr, they received 1.5 rates, respectively. . If you do not go into the details of calculating interest and salaries. What is the incentive to drag one and a half loads for meager pay ???

Hello. I work as a teacher of English language 24 years. My workload is 26 hours and 2 hours of extracurricular activities per week. The salary until May 2017 was equal to 25,600. On May 1, we were transferred to the NSOT and my salary fell to 17,000. Requirements for teachers are being raised, new standards are being introduced, and salaries are being reduced. Question: Is the introduction of NSOT a survival experiment?

Salaries in schools have not been indexed for several years. Salaries - from 7250 (teacher-psychologist) to 7600 (teacher). In accordance with the presidential decrees and " road map» Of course, there is no average salary for a school in the amount of 32,000 rubles (but according to the reports of officials, there is). And prices and tariffs have already increased many times, the requirements for education, too. Are we stepping on the same rake again - “a poor teacher”?

Thanks for your blog and your work!
Unfortunately, one should not expect, probably in the near future, a competent assessment of the work of a teacher in our country.

Good afternoon, the following question arose: my salary in the 2016-2017 academic year = rate (18 hours) + extracurricular (2 hours) + museum.
1) Did I understand correctly that with all the changes in schedules and other things, it should not differ much from last year, and if so, what can I base myself on when arguing with the administration?
2) Does the director have the right to “take away” the museum from me and transfer it to another teacher in the new academic year? (the contract for the museum was short-term, for half a year and expires in August)

Hello! I work as a teacher English, in this year, our school, with 600 students, has 2 teachers left! My workload is 43 hours, including homeworkers and "evening school", I would like to roughly calculate my salary? Is there any formula?

Is it legal to reduce the salary of a kindergarten teacher compared to the previous academic year, due to the fact that the required number of children in the group did not come up)) you need 25, but scored 20. And the salary decreased from 39,000 to 34,000?

I work as a math teacher, workload 18 hours (rate), and part-time assistant principal. In the 2016-2017 academic year, incentive payments were for both one position and the second, but this academic year, the director of the educational institution said that incentive payments, according to the new remuneration system, will be paid only for the main position, as the deputy director will not receive them will. Is it legal?

Good afternoon. I work as a chemistry teacher in a school. Under the old wage system, I was paid 5 percent for my work in the lab. Under the new system, the surcharge was removed. But there is a surcharge for those who are associated with harmful working conditions. Question: work in a chemical laboratory is associated with harmful conditions or not.

Hello! In Chita, teacher salaries have changed since September 2017. Local Department arr. reduced many payments. In the 2016-2017 academic year, payment for checking notebooks of grades 5-6. teacher of the Russian language was 547.50, in the current - 324.44, 8-11 cells. - 304.17 vs. 243.33. There have been no incentive payments for 3 years now, because there is not enough money for these payments. A new line has appeared "For intensity", the amount of this payment is determined not by school leaders, but by officials. It looks like we are being lied to!

Hello. And school librarians are out of any incentive pay. School principals say it's not allowed. Permalink

Tell me, if the school works according to the NSOT, then the additional payment for the complexity of the subject is removed? And question two. What incentive does the school also decide to pay for the qualification category or are there regional recommendations?

Hello. I work in Primorsky Krai, Ussuriysk at MBOU DShI UGO (Music School of Arts). Our school management says that the order does not apply to us. Is it so?

DEPARTMENT OF EDUCATION AND SCIENCE
OF PRIMORSKY REGION
ORDER
12/07/2018 Vladivostok No. 23a

"On Approval of the Approximate Regulations on the Remuneration of Pedagogical Workers of Municipal Educational Organizations of the Primorsky Territory"

In order to improve the system of remuneration of employees of municipal educational organizations of the Primorsky Territory, on the basis of the Law of the Primorsky Territory dated April 25, 2013 No. 188-KZ “On remuneration of employees of state institutions of the Primorsky Territory”, taking into account the Uniform recommendations for establishing at the federal, regional and local levels wage systems for employees of state and municipal institutions for 2018 (approved by the decision of the Russian tripartite commission for the regulation of social and labor relations of December 22, 2017, protocol No. 11)

I ORDER:
1. Approve the Approximate regulation on the remuneration of teachers of municipal educational organizations of the Primorsky Territory (Appendix 1).
2. Recommend to the heads of municipal education authorities:
- to carry out the transition of municipal educational organizations to a unified wage system from January 1, 2019 in accordance with the Model Regulations;
— send information on the results of the implementation of a unified wage system for each municipal educational organization to the Department of Education and Science of the Primorsky Territory during 2019 on a monthly basis until the 5th day of the month following the reporting one, in the approved form (Appendix 2).

3. Department of Economics and budget planning education of the Department of Education and Science of the Primorsky Territory (Chugunova I.A.) send to municipalities Primorsky Krai information on the preliminary distribution of funds for 2019.

4. I reserve control over the execution of this order.

And about. director of the department N.G. Kochurova

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