Legal memo on the transition to an effective contract in educational institutions - University Solidarity. How to switch to an effective contract without errors

Question:The Labor Code of the Russian Federation allows to conclude only an employment contract, nowhere does it say what can be concluded with an employee effective contract. Against this background, is it possible to conclude an effective contract with an employee and call it an effective contract?

The concept of "effective contract" first appeared in the Budget Address of the President of the Russian Federation Federal Assembly dated 06/28/2012 "On budget policy in 2013-2015", where one of the main goals of budget policy for 2013 and the medium term was called the transition to an "effective contract". He must clearly define the terms of remuneration and the "social package" of the employee, depending on the quality and quantity of work performed by him. Note that the phrase "effective contract" was put in quotation marks, which means a certain conventionality of this term.

The Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018 (hereinafter referred to as the Program) approved by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r provided for the transition of state and municipal institutions to a system of effective contracts. In accordance with Section IV of the Program, an effective contract is an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating performance for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided, as well as measures social support. For each employee, it should be clarified and concretized labor function, indicators and criteria for evaluating the effectiveness of activities, the amount of remuneration, as well as the amount of encouragement for achieving collective labor results.

The Labor Code of the Russian Federation provides for the conclusion of only labor contracts (Articles 56, 57, 68, etc.). Appendix No. 3 to the Program provides an approximate form employment contract with an employee of a state (municipal) institution. Thus, concluding an effective contract with an employee would be contrary to labor law. The concept of "effective contract" does not replace the concept of "employment contract" and does not even mean a new kind of employment contract. Rather, it modern way incentives for employees, involving the transition to new conditions of remuneration.

Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n (as amended on February 20, 2014) approved Recommendations for the design labor relations with an employee of a state (municipal) institution when introducing an effective contract, which should be followed when formalizing labor relations with employees of state (municipal) institutions. According to paragraph 4 of the Recommendations, when applying for a job, an employee of an institution and an employer conclude an employment contract in accordance with the Labor Code of the Russian Federation using the approximate form of an employment contract given in Appendix No. 3 to the Program. With an employee of an institution who is in an employment relationship with an employer, it is recommended to draw up an agreement on changing the terms of the employment contract determined by the parties (clause 5 of the Recommendations).

Until recently, domestic legislation did not contain not only a sample of an effective contract, but also the very concept of such an instrument. However, with the adoption of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved by Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r, this mechanism for formalizing labor relations appeared in domestic practice.

Effective employment contract

Government Russian Federation has defined an effective contract as an employment contract with specific and understandable criteria for evaluating work individual employee for the purposes of incentive payments.

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

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

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

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

• specifically define the duties and functions of each employee of the enterprise;
• develop criteria for evaluating the effectiveness labor activity;
• agree on not only the level of payment, but also incentives;
• get the employee's consent to transfer to the new kind contracts.

Sample Sample effective contract (employment contract) is approved in the above Order of the Government of Russia. Its form can be obtained using the legal reference system "Consultant Plus" or downloaded from the websites of the authorities of the Russian Federation.

It is important to remember that the ultimate goal of transferring employees to an effective wage system is to achieve a balance between the amount of income and the complexity of the functions performed by the employee.

Effective contract after 2018

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

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

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

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

Effective employment contract: sample

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

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

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

When introducing the specified system of remuneration of employees, the employer must apply the following types of registration of new relations:

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

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

Sample effective contract

10 mistakes when switching to an effective contract

The transition to an efficient contract is an actual change in systems and wage rates. At the same time, the practice of the last two years has shown that during the transition to new wage systems budget organizations make mistakes. Some controversial situations have already been considered in courts. From the article, you will find out what mistakes your colleagues make and get recommendations on how to avoid them.

Background

Decree of the President of the Russian Federation of 07.05.2012 No. 597"On measures for the implementation of the state social policy» The Government of the Russian Federation was instructed to adopt a program for the gradual improvement of the system of remuneration for employees of the budgetary sector of the economy, conditional on the increase in wages to achieve specific indicators of the quality and quantity of services provided. The goal is to preserve the personnel potential and increase the prestige and attractiveness of professions in the public sector of the economy.

The program for the gradual improvement of the wage system in state (municipal) institutions for 2012–2018 was approved (hereinafter referred to as the Program for Improving the Remuneration System, Order No. 2190-r). It provides for the transition to a new system of labor relations, which is based on the mechanism of an effective contract. This mechanism implies the inclusion in the employment contract with the employee of indicators and criteria for evaluating the effectiveness of his activities for the appointment of incentive payments depending on the results of work and the quality of the services provided.

Federal executive authorities were instructed to approve recommendations on formalizing labor relations with employees when introducing an effective contract in terms of setting indicators, criteria and conditions for incentive payments. The result of this assignment was order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n"On approval of recommendations on formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract" (hereinafter referred to as the Recommendations on formalizing labor relations with an employee).

It was from April 2013 that state (municipal) institutions began to switch to an effective contract. The process should be completed by the end of 2018.

Consider typical mistakes, which allow the heads of state (municipal) institutions, when switching to an effective contract.

Mistake 1. Drafting an “effective contract” document

An effective contract is not the name of a document, but a term that reflects the specifics of the content of an employment contract with an employee of a budgetary institution.

Labor relations arise between the employee and the employer on the basis of an employment contract ( Art. 16 Labor Code of the Russian Federation dated 12/30/2001 No. 197-FZ, Further - Labor Code of the Russian Federation). The term "contract" in Labor Code of the Russian Federation not used at all.

ADVICE. Enter into a regular employment contract with new hires - on terms that reflect the essence of an effective contract. With employees already working in the organization, formalize the transition to a new wage system with an additional agreement to the existing employment contract.

Mistake 2. Conclusion of fixed-term employment contracts for the transition to an effective contract

Fixed-term employment contracts are concluded only if there is a legal grounds. Therefore, when applying for a job in a budgetary institution, an employee, as a general rule, is hired for an indefinite period.

Some employers, when making changes related to new wage conditions, set the term of the employment contract. This is illegal for two reasons:

1. There are no objective grounds for changing the term of the employment relationship.

2. The type of contract - fixed-term or concluded for an indefinite period - is determined at the time of its conclusion.

ADVICE. Do not limit the duration of the employment relationship by entering into an effective contract, unless there are grounds for this provided for in Labor Code of the Russian Federation.

Mistake 3. Concluding an employment contract without adjusting the approximate form

In the Sample form of an employment contract with an employee of a state (municipal) institution, approved. Decree of the Government of the Russian Federation dated November 26, 2012 No. 2190-r(hereinafter referred to as the Sample Form of an Employment Contract), not all the conditions that should be included in an employment contract are listed. Therefore, it does not fully meet the requirements Art. 57 TK RF.

Often, employers understand Order No. 2190-r literally and afraid to retreat from An exemplary form of an employment contract, while losing sight of the fact that it obviously does not contain such conditions as the place of work, working conditions at the workplace, guarantees and compensation for work with harmful and (or) hazardous conditions labor, indicating the characteristics of working conditions at the workplace (if the employee is hired in such conditions), etc.

At the same time, real employment contracts do not always include the conditions listed in An exemplary form of an employment contract:

1. Rights and obligations of the employee and the employer

These provisions are included in the employment contract by agreement. Their absence is not considered as a waiver of these rights or the performance of these duties.

2. Structural unit in which the employee will work

Indication of the specified place of work, including the structural unit and its location, - additional condition labor contract.

3. Entry into force of the employment contract

Fixing this date is an exception. As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer ( Art. 61 Labor Code of the Russian Federation).

4. Work time and rest time

Working hours and rest time without fail is indicated only if for this particular employee it differs from general rules operated by the employer.

ADVICE. Include in the employment contract not only the provisions specified in Order No. 2190-r, but also the mandatory conditions defined Art. 57 TK RF.

Mistake 4. Changing the terms of remuneration without specifying the labor function

First of all, in an effective contract, the job responsibilities of the employee should be specified. Sample form of employment contract involves an indication of the specific types of work that the employee must perform, and not just the name of the position, profession, specialty.

Of course, job responsibilities can be specified in job description, giving a link to it in the employment contract (information of the Ministry of Labor of Russia dated 11/28/2013 "Answers to the questions of the Government of the Saratov region on monitoring the implementation of Decrees of the President of the Russian Federation dated May 7, 2012 No. 597" On measures for the implementation of state social policy ", dated 1 June 2012 No. 761 “On the National Strategy for Action for Children for 2012-2017” and of December 28, 2012 No. 1688 “On Some Measures for the Implementation public policy in the field of protection of orphans and children left without parental care", as well as the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r ").

ADVICE. When switching to an effective contract specify official functions employee in an additional agreement to the employment contract.

The employee must be notified two months in advance of:

On upcoming changes to the terms of the employment contract determined by the parties;

About the reasons that caused the need for such changes.

Error 5. The absence in the employment contract of specifying the conditions for remuneration

An employment contract that meets the requirements of an effective contract should specify the terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided ( Clause 13 of the Sample Form of an Employment Contract).

The Ministry of Labor of Russia, explaining the transfer of workers to an effective contract, recommends:

fix in contracts the names of payments of a compensatory nature, their size, factors that determine their receipt;

· indicate in the contracts the names of incentive payments, the conditions for their receipt, indicators and criteria for evaluating the effectiveness of activities, the frequency, size of payments;

not be limited to references to the provisions of local regulations that regulate the implementation of incentive and compensation payments (clauses 8 And 13 Recommendations on registration of labor relations with an employee of a state (municipal) institution when introducing an effective contract, approved. by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, hereinafter - Recommendations).

It is not necessary to indicate in the employment contract the size of all payments included in the salary. This conclusion follows from the literal definition of the concept of "effective contract", given by the Government of the Russian Federation. The only exception is the size of the tariff rate or salary (official salary) of the employee (Art. 57 of the Labor Code of the Russian Federation).

It is not enough, however, to specify individual indicators and criteria for evaluating performance in the contract. The amount of remuneration and encouragement for the achievement of collective labor results should be established. In the Uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of state and municipal institutions for 2015 (approved by No. decision of the Russian tripartite commission for the regulation of social and labor relations dated December 24, 2014) it is also said that the employment contract provides for the amount of compensation payments and the conditions for making incentive payments.

ADVICE. Indicate in the employment contract the amount (or method of calculation) of all constituent parts wages.

Mistake 6. Criteria and performance indicators of employees are not developed

Criteria and performance indicators are the basis for changes in the remuneration system for employees of state (municipal) institutions. Without their development and implementation, it is impossible to make changes to employment contracts and apply new wage conditions.

Please note that the introduction of performance indicators and criteria is regarded by inspection bodies and courts as a change in organizational working conditions. This allows you to use the procedure for changing the terms of the employment contract determined by the parties in unilaterally (Art. 74 Labor Code of the Russian Federation).

ADVICE. Develop criteria and performance indicators for an employee before changing the wage clause in his employment contract.

Mistake 7. Transferring only the main staff of the institution to an effective contract

The legislation does not contain an indication that an effective contract is introduced for certain categories workers. This means that the new approach to remuneration is applied to all employees working in state (municipal) institutions.

So, by virtue of Order No. 157n, the Recommendations can be applied when registering labor relations with all employees of the institution. For each of them, the labor function, indicators and criteria for evaluating the effectiveness of activities are specified, the amount of remuneration and incentives for achieving collective labor results is established (para. 1 , 2 recommendations).

If the criteria and performance indicators are not developed for all employees, but, for example, only for key personnel, the purpose for which the new system wages of state employees will not be achieved.

ADVICE. Establish criteria and performance indicators for all employees of the organization.

Mistake 8. No changes are made to the collective agreement, a local regulation on wages

The transfer of employees to an effective contract through the introduction of performance indicators and criteria is changing the system of remuneration in state (municipal) institutions. Transferring employees to effective contracts according to the rules Art. 74 The Labor Code of the Russian Federation, as recommended by the Russian Ministry of Labor, employers forget about one important requirement. Changes in the terms of the employment contract determined by the parties should not worsen the position of the employee in comparison with the established collective agreement, agreements. Therefore, first changes must be made to the collective agreement.

The same is true for local regulations on wages. The salary of an employee is established by an employment contract in accordance with the current regulations. this employer wage systems ( Art. 134 Labor Code of the Russian Federation). In turn, remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory and incentive nature, as well as bonus systems established by collective agreements, agreements, local regulations in accordance with labor legislation.

ADVICE. First fix the change in the remuneration system (including indicators and criteria for the performance of employees, the frequency of their assessment) in the regulation on remuneration (collective agreement) and only then draw up additional agreements to employment contracts.

Mandatory terms of an employment contract ( Part 2 Art. 57 of the Labor Code of the Russian Federation):

Place of work, place of work indicating a separate structural unit and its location;

Labor function;

Start date of work;

The term of the contract and the circumstances that served as the basis for concluding a fixed-term employment contract;

Terms of remuneration;

The mode of working hours and rest time (if different from the general rules in force for this employer);

Guarantees and compensation for work with harmful and (or) dangerous working conditions, indicating the characteristics of working conditions at the workplace;

Conditions that in some cases determine the nature of work (mobile, traveling, on the road, etc.);

working conditions at the workplace;

Condition on compulsory social insurance of the employee;

Other conditions in cases stipulated by labor legislation.

Mistake 9. Violation of the procedure for notification of changes in working conditions determined by the parties

Some employers give employees a “transition to an effective contract” notice, which includes Negative consequences in case of refusal to sign an additional agreement to the employment contract. At the same time, it is not clear from the content of the notice which conditions of the employment contract are being changed.

To inform the employee about upcoming changes means to directly indicate in the notification what will change in the contract and what the new conditions will be. Failure to comply with this requirement may have negative consequences for the employer: from a fine for non-compliance with labor laws to the recognition of illegal dismissal of an employee in connection with the refusal to continue working in changed conditions.

ADVICE. In the notification of the transition to an effective contract, indicate all changes in the terms of the employment contract.

Mistake 10. Employees who refuse to switch to an effective contract are not offered a transfer

Employers explain this by the fact that the positions that could be offered to the employee also “transfer” to an effective contract, which means that there is no point in talking about them. But article 74 The Labor Code of the Russian Federation contains an imperative rule: dismissal is allowed only if the employee cannot be transferred to another job. To prove the impossibility of the transfer is your, the employer's, task.

ADVICE. For employees who refuse to transfer to an effective contract, offer in writing a transfer to another job.

In conclusion, we note that all attempts by workers through the courts to recognize the transition to an effective contract as discrimination in the sphere of labor, the deterioration of their rights, are unsuccessful. The courts confirm that budgetary institutions operate within the law and introduce wage systems, fulfilling the requirements of the President of the Russian Federation and the Government of the Russian Federation.

Now many public sector enterprises are transferring their employees to the so-called effective contract, a sample of which is presented below. The bottom line is that under this agreement, the payment of bonuses and the social package of a state employee directly depend on the quality of his work. An approximate version of such a document is enshrined in law.

What to be guided by

Since 2012, the Program for the gradual improvement of the remuneration system in state and municipal institutions approved by the Government of Russia has been in force (order No. 2190-r dated November 26, 2012). An approximate sample of an effective contract with employees is given in Appendix No. 3 to this Program.

Contract example

The following is a complete sample of an effective contract in 2019. Since it is exemplary, it goes without saying that the leadership of a state or municipal institution can supplement or shorten it. However, we advise you to do it very carefully or not go far from this form.

An approximate form of an employment contract with an employee of a state (municipal) institution

___________________________ "__" ___________ 20__

(city, town)

(name of the institution in accordance with the charter)

in the person of ________________________________________________________________________,

(position, full name)

acting on the basis ________________________________________________

(charter, power of attorney)

Hereinafter referred to as

employer, on the one hand, and ____________________________________________,

hereinafter referred to as the employee, on the other hand (hereinafter referred to as the parties)

have entered into this employment contract as follows:

I. General provisions

1. Under this employment contract, the employer provides

worker to work on _____________________________________________________________

(name of position, profession or

__________________________________________________________________________,

specialties with qualifications)

and the employee undertakes to personally perform the following work in accordance with

the terms of this employment contract:

___________________________________________________________________________

(indicate the specific types of work that the employee must perform according to

employment contract)

2. An employee is hired:

__________________________________________________________________________.

(full name of the branch, representative office, other separate

structural unit of the employer, if the employee is hired

work in a specific branch, representative office or other separate

structural unit of the employer with indication of its location)

3. The employee works in a structural unit

employer _____________________________________________________________.

(name of a non-separate department, department, section,

laboratories, workshops, etc.)

4. Work with the employer is for the employee: ______________________

(main, part-time)

5. This employment contract is concluded for: _________________________

__________________________________________________________________________.

(indefinite period, definite period (specify duration), for

the time of performing a certain work with an indication of the reason (reason)

conclusion of a fixed-term employment contract in accordance with Article 59

Labor Code of the Russian Federation)

6. This employment contract comes into force on "__" __________ 20__.

7. Date of commencement of work "__" ____________ 20__

8. The employee is given a probationary period lasting _______

months (weeks, days) in order to verify the compliance of the employee with the assigned

II. Rights and obligations of an employee

9. The employee has the right to:

a) providing him with work stipulated by this employment contract;

b) ensuring safety and working conditions that comply with state regulatory requirements for labor protection;

c) timely and in full payment of wages, the amount and conditions of receipt of which are determined by this employment contract, taking into account the qualifications of the employee, the complexity of the work, the quantity and quality of the work performed;

d) other rights provided for by the labor legislation of the Russian Federation, this employment contract.

10. The employee is obliged:

a) conscientiously fulfill their labor duties assigned to him by paragraph 1 of this employment contract;

b) comply with the internal labor regulations applicable to the employer, the requirements for labor protection and ensuring labor safety;

c) observe labor discipline;

d) take care of the property of the employer, including the property of third parties held by the employer, if the employer is responsible for the safety of this property, and other employees;

e) immediately notify the employer or immediate supervisor of the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer, including the property of third parties held by the employer, if the employer is responsible for the safety of this property, the property of other employees.

III. Rights and obligations of the employer

11. The employer has the right:

a) demand from the employee conscientious performance of duties under this employment contract;

b) adopt local regulations, including internal labor regulations, requirements for labor protection and ensuring labor safety;

c) involve the employee in disciplinary and liability in the manner prescribed Labor Code Russian Federation, other federal laws;

d) encourage the employee for conscientious efficient work;

e) other rights provided for by the labor legislation of the Russian Federation and this employment contract.

12. The employer is obliged:

a) provide the employee with work stipulated by this employment contract;

b) ensure the safety and working conditions of the employee in accordance with the state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance by him job duties;

d) to pay full size wages due to the employee in a timely manner;

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

f) to acquaint the employee against signature with the adopted local regulations that are directly related to his labor activity;

g) perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this employment contract.

IV. Salary

13. For the performance of labor duties stipulated by this employment contract, the employee is paid a salary in the amount of:

a) official salary, wage rate ___________ rubles per month;

b) compensation payments are made to the employee:

c) incentive payments are made to the employee:

14. Payment of wages to an employee is made in the terms and in the manner established by the employment contract, the collective agreement and the internal labor regulations.

15. The employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, the collective agreement and local regulations.

V. Working time and rest time

16. The following working hours are set for the employee (norms of hours pedagogical work per bet) _____________________

__________________________________________________________________________.

(normal, reduced, part-time)

17. Working hours (working days and weekends, start and end times) are determined by the internal labor regulations or this employment contract.

18. The employee is set the following features operating mode (specify) ________________________________________________________________.

19. The employee is provided with an annual basic paid leave of ____________ calendar days.

20. The employee is granted an annual additional paid leave of ______________ in connection with __________________________

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

21. Annual paid leave (basic, additional) is provided in accordance with the vacation schedule.

VI. Social insurance and measures of social support for the employee provided for by law, industry agreement, collective agreement, this employment contract

22. The employee is subject to mandatory social insurance in accordance with the legislation of the Russian Federation.

23. The employee has the right to additional insurance on the terms and in the manner established by ______________________________________________

__________________________________________________________________________.

(type of insurance, name of the local regulatory act)

24. The employee is provided the following measures social support provided for by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the industry agreement, the collective agreement, this labor agreement (specify):

__________________________________________________________________________.

VII. Other terms of the employment contract

25. The employee undertakes not to disclose secrets protected by law (state, commercial, official and other secrets) that become known to the employee in connection with the performance of his labor duties.

With the list of information constituting a secret protected by law, the employee must be familiarized against signature.

26. Other terms of the employment contract __________________________________.

VIII. Responsibility of the parties to the employment contract

27. The employer and the employee are responsible for non-fulfillment or improper fulfillment of the assumed duties and obligations established by the legislation of the Russian Federation, local regulations and this employment contract.

28. For committing disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employee can be applied disciplinary action provided for by the Labor Code of the Russian Federation.

IX. Change and termination of the employment contract

29. Amendments can be made to this employment contract: by agreement of the parties, when changing the legislation of the Russian Federation in the part affecting the rights, obligations and interests of the parties, at the initiative of the parties, as well as in other cases provided for by the Labor Code of the Russian Federation.

30. If the employer changes the terms of this employment contract (with the exception of the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee in writing no later than 2 months in advance (Article 74 of the Labor Code of the Russian Federation) .

The employer is obliged to notify the employee about the upcoming dismissal in connection with the liquidation of the institution, the reduction in the number or staff of the institution's employees personally and against signature at least 2 months before the dismissal (Article 180 of the Labor Code of the Russian Federation).

31. This employment contract is terminated on the grounds established by the Labor Code of the Russian Federation and other federal laws.

Upon termination of the employment contract, the employee is provided with guarantees and compensations provided for by the Labor Code of the Russian Federation and other federal laws.

X. Final provisions

32. Labor disputes and disagreements of the parties on compliance with the terms of this employment contract are resolved by agreement of the parties, and in case of failure to reach an agreement, they are considered by the labor dispute commission and (or) the court in the manner established by the legislation of the Russian Federation.

33. In the part not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation.

34. This employment contract is concluded in 2 copies (unless otherwise provided by the legislation of the Russian Federation), having the same legal force.

One copy is kept by the employer, the second is given to the employee.

EMPLOYER EMPLOYEE

______________________________________ ___________________________________

(name of organization) (full name)

Address (location) Residential address

Passport (other identification document)

TIN series number

issued by

date of issue "___" ______

_____________ ___________ ____________ ___________________________________

(position) (signature) (full name) (signature)

The employee received one copy of this

employment contract

__________________________________________

(date and signature of the employee)

What is an effective contract and how does it differ from a regular employment contract? How to transfer employees to new form contracts? We will tell you what “efficiency” means and how to draw up documents correctly.

In 2012, the Government of the Russian Federation adopted the Program for the gradual improvement of the wage system for employees of state institutions: doctors, scientists, teachers, etc., calculated until 2019 (Decree of the Government of the Russian Federation of November 26, 2012 N 2190-r). One of the most important points of the program is effective treaty, or contract (EC) with employees. The purpose of this document is to make remuneration as reasonable and fair as possible by setting individual motivating performance indicators and incentive criteria for each employee.

How is an EC different from an employment contract?

EC is the same effective employment contract, but more detailed and detailed, as follows from Order No. 2190-r. The EC must contain the following conditions:

• a specific job function and a detailed list official duties;
• terms of remuneration, incl. incentive payments;
• indicators and criteria for evaluating performance in relation to incentive payments;
• the amount of incentives for the collective results of labor;
• measures of social support.

Usually, the duties of an employee are spelled out in the job description, and the conditions for incentive payments are in local acts organizations. In paragraph 13 of the Recommendations of the Ministry of Labor on formalizing the transition to EC (approved by Order of 04.26.2013 N 167n) it is said that one should not be limited to referring to the LNA organization on issues of compensation and incentive payments, and it is proposed to formulate the criteria for employee productivity in points, percentages and so on.

You should also not use vague wordings like “conscientious performance of duties”, “labor intensity”, “quality performance of work”, etc. Effective contract with research assistants(2017), as well as with medical staff, teachers and other civil servants, must be as specific as possible, otherwise it will be contrary to Order No. 2190-r.

Transition to an efficient contract

The procedural aspects of the transition to EC are reflected in the Recommendations of the Ministry of Labor, approved. Order No. 167n dated April 26, 2013. This can be done in two ways:

• in order Art. 74 Labor Code of the Russian Federation by sending employees a notification about the transition to new type documents for two months;
• in order Art. 72 Labor Code of the Russian Federation by signing additional agreements with employees to previously concluded contracts.

With new employees, you can immediately conclude an EC.

An approximate form of an employment contract (effective contract) is contained in Order No. 2190-r (Appendix No. 3) (the template can be downloaded at the end of the article). Some departments like federal level(Ministry of Health, Ministry of Culture), and at the level of subjects of the Russian Federation adopted guidelines on the development of performance criteria. Accordingly, your institution should take into account these recommendations "from above" and further develop its indicators. In this regard, many institutions issue a provision on an effective contract, reflecting in it the criteria for evaluating employees and the methodology for calculating incentive payments that are specific to a particular organization. In addition, all the nuances of payments to employees are usually reflected in such local regulations as the Regulations on wages and the Collective Agreement. All these documents must be updated in a timely manner (they need to be amended), then the inspectors of the State Labor Inspectorate will not have any complaints about the entrance of any inspection: scheduled or unscheduled. Practice shows that all documentation containing information on payments is the most favorite object of verification by GIT inspectors.

We draw up documents

After your institution has developed and approved performance indicators and forms of contracts with employees, you should issue an order to transfer to EC. Be sure to refer to Order 2190-r, because it is precisely this “other reasons” that are mentioned in Part 1 of Art. 74 of the Labor Code of the Russian Federation.

Sample order to switch to an effective contract:

If the institution has already introduced indicators in the relevant regulation on EC, the order must refer to this provision.

Now, based on the order, we notify employees.

Sample notification on the introduction of an effective contract.