Employment contract: effective contract (sample). An effective contract in science will be developed by the Higher School of Economics

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 of labor activity;
• to agree not only the level of payment, but also incentives;
• get the employee's consent to transfer to the new kind contracts.

An approximate sample of an 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

Currently, educational organizations are actively working to introduce an effective contract with a teacher. It is assumed that with the introduction of this contract, the idea of ​​the work of a teacher as low-paid and unprestigious will remain only in memories.

Grounds (regulatory framework)

The introduction of an effective contract is defined:

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

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

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

4. Order of the Ministry of Labor of Russia No. 167n dated April 26, 2013 “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” (hereinafter referred to as the Recommendations);

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

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

The purpose of introducing an effective contract

Linking the increase in wages with the achievement of specific indicators of the quality of public (municipal) services provided on the basis of:

• introduction of an interconnected system of sectoral performance indicators;
• establishment of incentive payments corresponding to performance indicators, criteria and conditions for their appointment, reflected in exemplary provisions on remuneration of employees of institutions, collective agreements, labor contracts;
• cancellation of ineffective incentive payments;
• use in assessing the achievement of specific indicators of the quality and quantity of state (municipal) services (performance of work) of an independent system for assessing the quality of the work of institutions, which includes, in addition to criteria for the effectiveness of their work, the introduction of public ratings of their activities.

Here is what the Minister of Education of Russia D. Livanov said at the beginning of the 2013-2014 academic year regarding the introduction of an effective contract with a teacher in an interview with Smart School. rf” (http://minobrnauki.rf/press center/3625):

— We have essentially formulated and are implementing the transition to a system of effective contract between society, on the one hand, and teachers, on the other. Please note that this is not a contract between the principal and the teacher of a particular school. This is a broader concept: a social contract concluded between society and teachers.
— It is fundamentally important that salary growth does not come at the expense of an increase in teaching load. If this happens, then this is not just a profanity of the idea of ​​​​an effective contract, but a direct harm that is caused to the professional well-being of teachers and, in general, the quality of education, the quality of teachers’ work,” the Minister noted.

What is an effective contract

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

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

« An effective contract is understood as an employment contract with an employee, which specifies its labor obligations, conditions of remuneration, indicators and criteria for evaluating the effectiveness for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided, as well as measures social support ».

An effective contract fully complies with Article 57 of the Labor Code of the Russian Federation and is not a new legal form of an employment contract.

What is the difference

In an effective contract for each employee, the following should be clarified and specified:

1. Labor function;

2. Indicators and criteria for evaluating the effectiveness of activities;

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

At the same time, the conditions for receiving remuneration should be clear to the employer and employee and not allow double interpretation. Directly in the text of the employment contract official duties the employee should be reflected taking into account the current duties established by the job description.

Mandatory conditions included in employment contracts are also the terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). An effective contract also presupposes the establishment of labor standards.

An effective contract should provide a salary level for a teacher that is competitive with other sectors of the economy. An effective contract is a decent payment for quality work.

Note that changes in the terms of the employment contract determined by the parties in accordance with Article 72 of the Labor Code of the Russian Federation are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation, and should not worsen the position of the employee in comparison with the established collective agreement, agreements.

About incentive and compensation payments

In the practice of the work of educational organizations, the most problematic in the systems of remuneration of employees is the specification of incentive and compensation payments.

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

but) payments for intensity and high performance:

• bonus for labor intensity;
• bonus for high performance;
• bonus for the performance of particularly important and responsible work;

b) payments for the quality of work performed:

• allowance for the presence of a qualification category;
• premium for exemplary performance of the state (municipal) task;

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

• seniority bonus;
• allowance for continuous work experience;

- G) performance bonus payments:

• monthly performance bonus;
• performance bonus for the quarter;
• performance bonus for the year;

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

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

• additional payment for combining professions (positions);
• surcharge for expanding service areas;
• additional payment for an increase in the volume of work;
• additional payment for the performance of the duties of a temporarily absent employee without release from work specified in the employment contract;
• additional payment for the performance of work of various qualifications;
• extra pay for night work;

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

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

In an employment contract or an additional agreement to an employment contract, it is recommended that the conditions for making payments be specified in relation to this employee institutions.

What to do

1. Maintaining an effective contract with a teacher in educational organization involves the implementation of certain organizational and administrative work of its leadership, for example:

• Carrying out explanatory work in the teaching staff on the introduction of an effective teacher contract.
• Creation of a commission in an educational organization to carry out work related to the introduction of an effective teacher contract.
• Analysis of existing employment contracts of employees for their compliance with Art. 57 of the Labor Code of the Russian Federation and the order of the Ministry of Labor of Russia dated April 24, 2013 No. 167n "On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract."
• Development of indicators of labor efficiency of teachers.
• Development and introduction of amendments to such local acts of an educational organization as a collective agreement, internal labor regulations, regulations on remuneration, regulations on incentive payments, taking into account the developed indicators.
• Adoption of local regulations related to the remuneration of an employee, taking into account the opinion of the primary trade union organization.
• Concretization of the labor function and conditions of remuneration of the teacher.
• Preparing and amending the employment contracts of employees.
• Notification of teachers about changes in certain terms of the employment contract in writing at least two months in advance in accordance with Article 74 of the Labor Code of the Russian Federation.

Work on the introduction of an effective contract should be carried out in an atmosphere of openness and discussion in the labor collective.

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

• when applying for a job the employee and the employer conclude an employment contract in accordance with the Labor Code of the Russian Federation. In this case, an exemplary form of an employment contract with an employee of the institution, given in Appendix No. 3 to the Program, is used;
• with employees who have an employment relationship with the employer , registration is carried out by concluding an additional agreement to the employment contract in the manner prescribed by the Labor Code of the Russian Federation. At the same time, it is required to warn the employee about changing the terms of the employment contract in writing at least 2 months in advance (Article 74 of the Labor Code of the Russian Federation).

In accordance with Article 72 of the Labor Code of the Russian Federation, an employment contract, an agreement to change the terms of an employment contract determined by the parties are concluded in writing in two copies, one of which is handed over to the employee against signature on a copy kept by the employer.

About timing

It is recommended to conclude an additional agreement to the employment contract as indicators and criteria for evaluating the effectiveness of the work of employees of the institution are developed to determine the size and conditions for the implementation of incentive payments.

In accordance with the Program, completion of work on concluding labor contracts with employees in connection with the introduction of an effective contract is expected at the third stage, covering 2016-2018.

What gives the introduction of an effective contract

As stated in the Program, its implementation will allow:

• increase the prestige and attractiveness of the professions of employees involved in the provision of state (municipal) services (performance of work);
• to introduce in the institutions of the system of remuneration of employees, linked to the quality of the provision of state (municipal) services (performance of work);
• to improve the level of qualification of employees involved in the provision of state (municipal) services (performance of work);
• improve the quality of the provision of state (municipal) services (performance of work) in the social sphere;
• create a transparent mechanism for remuneration of heads of institutions.

As applied to an educational institution, the most important thing in introducing an effective contract with a teacher is the provision of quality education.

About the employment contract with the head

In accordance with federal law dated December 29, 2012 No. 280-FZ, Article 275 of the Labor Code of the Russian Federation was supplemented with a provision according to which an employment contract with the head of a state (municipal) institution is concluded on the basis of a standard form of an employment contract approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for regulating social - labor relations.

At present, the standard form of such an employment contract is approved by Decree of the Government of the Russian Federation dated April 12, 2013 No. 329 “On the standard form of an employment contract with the heads of a state (municipal) institution”).

Labor contract on the basis of a standard form, is concluded with a person applying for the position of head of a state (municipal) institution.

With those managers who are already in labor relations, either an additional agreement is concluded to the current labor contract, or, by agreement of the parties, a new labor contract is signed on the basis of a standard form approved by Decree of the Government of the Russian Federation of April 12, 2013 No. 329.

Source: documents mentioned on the websites of the Ministry of Education and Science of the Russian Federation, ConsultantPlus, Garant

An effective contract with a teacher: 125 comments

Hello, I have been working since 2008 preschool junior educator, in 2011 was transferred to the position of educator. To this day, no additional agreement has been concluded, the motives and arguments are different. They hired a child care worker, during this time they hired 2 new employees for a permanent job. And 1n of them without ped. Education (I have a higher pedagogical degree). I can’t swear, how can I make sure that justice prevails?

Hello, can you somehow explain in more detail how to properly conclude an effective contract, it should be separate category teachers or all teachers with teaching load? I beg you to explain popularly !!

Why does our personnel officer say that we urgently need to make an additional agreement with elements of an effective contract, although we do not have any local acts

Good afternoon! In the program for improving the remuneration system for 2012-2018, one of its areas is "the creation of a transparent mechanism for remuneration of the head." Can you explain what is the point here? Thanks in advance!

Good afternoon! I have been working as a teacher in an orphanage since 2010. Since January, an effective contract has been concluded with us for a period of six months, since there are few children, and it is not yet known whether the orphanage will be functioning in six months. They explained that if the orphanage is closed, then we don’t get laid off, they just don’t renew the contract with us, i.e. we are left without a job and even without registering with the employment service. Our contract is drawn up in such a way that it is in no way aimed at stimulating the work of teachers, it simply indicates the rate and size of the bonus (25% of the salary), i.e. this is no different from the contract, only that it can be terminated at any time in unilaterally. Those. the teacher did not please the director with something - the contract was terminated. Our recently appointed director wants to arrange his people, it plays into his hands. Is it legal? What guarantees do interns still have, or is it really such a feature of the contract system?

Addition to the previous one: a contract was signed with the service personnel for a year, with teachers - for half a year. The director said that if the orphanage does not close, she will look with whom to renew the contract and with whom not. Despite the fact that most have been working here for a long time.

Good afternoon! I have been a teacher at an orphanage since 2010. Since January, an effective contract for six months has been concluded with us, because there are few children and it is not known whether the orphanage will function in six months. We were immediately explained that if the orphanage closes, then they simply do not renew the contract with us, and teachers simply find themselves without work and reduction payments. The contracts signed by us in no way affect the stimulation of effective activity, just like in the contract, they contain the rate, RK, bonus (25% of the salary) and that's it. Significant difference— that the contract can be terminated unilaterally at any time. That is, the teacher did not please the director with something - the contract was terminated. We have a recently appointed director, who is interested in arranging “their own” people, she immediately warned that even if the institution does not close, the contract will not be extended with everyone. In the price of her sycophants and scammers. By the way, the contract with the service personnel was signed for a year. In this case, how can teachers who have worked in this institution for more than one year, some for more than one decade, be protected? Isn't the introduction of effective contracts an effective solution for getting rid of an employee without unnecessary problems, redundancy payments and putting the cards in the hands of tyrant directors?

Hello! Please tell me. You write that in an effective contract, labor functions should be clarified and concretized in relation to each employee, and in the ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated November 26, 2012 N 2190-r, the definition of an effective contract refers to official duties. Are there any differences and what exactly to specify? If the job responsibilities are written in the job description and we refer to the JI as an integral part of the contract in an effective contract, will this be a violation? Or does an effective contract say nothing about the job description, but only prescribe job duties (labor functions)? Why develop local act on the content and scope of the labor functions of each employee, if we have job descriptions, which are developed in accordance with the "Qualification characteristics of the positions of educators" for each teaching position? Thank you in advance for your response and for the quality and concise article!

Good afternoon! I have been working at this school since January 1995. The employment contract when hiring me was concluded for an indefinite period with a teaching load of more than 1 rate. I lost my copy of the contract. He also disappeared from the personal file. There is a link to the existence of an employment contract in the entry when applying for a job in work book. Does the school administration have the right to require me to sign a new employment contract dated January 2014 with a load of 1 rate and a load “over 1 rate to prescribe an additional agreement to the contract for each academic year (September 1 to May 31) with the written consent of the employee”? Is it possible to restore the lost employment contract and require additions to it? And does the school administration have the right to transfer me to the rate?

Hello! When switching to an effective contract, the school concludes new employment contracts with employees for 1 rate. (The old ones disappeared somewhere from personal affairs and they don’t have milestones in their hands, people have been working for more than a dozen years). If I do not agree with this condition and want all my workload for today to be written in the contract, can I demand this from the management? Are there any federal documents in my defense?

Good day. Our school has not yet switched to an effective contract, but they say that we will switch from April. The director said that each teacher should write down all the clauses, conditions, and draw up a contract, which will be considered on an individual basis. Where can I see samples of such contracts? Thank you.

Hello. We are preparing a collective agreement dshi. In the Employment contract section, how do we pay attention to an effective contract? Should we put it in brackets as an analogy of an employment contract, or are we already talking exclusively about an effective contract? Thanks

We are Crimeans. The director says that now we will work at the school on a contract basis for a period of 1 or 3 years. In case of objectionable actions to her, we will say goodbye. Is she right? And how will these contracts be concluded with us?

Hello. when switching to an effective contract, we are set a working day from 8 to 15.42 for the rate, including 30 minutes for lunch. rate -720 hours, i.e. 18 hours a week. Is it legal that we have to work 36 hours instead of 18?

I read and listened a lot about an effective contract, but after reading your article, everything immediately fell into place, I will prepare the criteria for a contract for my teachers, thank you, head of the preschool, Svetlana.

Hello! Please explain, under the new effective contract, does the head of the MDOU have the right to determine with which of the teachers to conclude fixed-term or open-ended contracts? And yet, there is a high probability that when concluding such contracts, the manager will proceed from personal sympathies in relation to one or another employee, and not rely on professional quality teachers…

In our school, the administration and some teachers have formed a group, while trying to survive and blame their work on other teachers. Tell me, can the introduction of this contract lead to the fact that only the elite will receive bonuses, and also, can this contract be used to fire an “inefficient worker”?

Hello!
Who determines when in a given school it is necessary to start concluding an EC? Director?
How does an effective contract contribute to higher wages? If the salary depends on the cost of an hour, but there are “no” incentives in many schools or very meager ones (100-200 rubles to the salary)?

Hello! Please tell me how to be in this situation. I work as a teacher in a kindergarten, we have concluded an effective contract (additional agreement) under which incentive payments (bonuses) are charged. 19000 rub. But no one received such salaries and bonuses. At first there were bonuses of 5-6 thousand. We were extremely happy about this, but the joy was short-lived: since January 2014, I personally have not received more than 2 thousand. And now these incentive payments have stopped. For the period from June to 08/27/14 there are no payments, it makes no sense to ask the management - it causes anger and irritation, they refer to the lack of funding. But for some reason, in other preschool educational institutions within the city, teachers receive incentives, and also in other cities within the region, they pay everything in a timely manner. Why is this happening and how can this situation be changed? Thanks in advance!

In our educational institution director announced the transition to eq. However, she chooses the terms of its signing with each employee personally, with someone immediately with someone after 2 months. In this case, the opinion of teachers is not taken into account. Those. I want to sign it now, but they refuse me.
Also, under the general noise, the director makes a change to a part of the TD, namely, from perpetual ones, he makes them urgent.
How legitimate are these actions?

The article is very good. Current questions. But all the material is based on by-laws. This is a significant disadvantage. Where the legislative framework?

From 05/05/2014 she was appointed head of the preschool educational institution. They signed an effective contract with me. It’s just terrible that with a salary - for 3 months I received a bare salary, now they are reimbursed for two months according to indicators for the second quarter, and the third quarter is already ending. And I don’t know how they will pay for the fourth one at all - the end of the year, after all. I am not satisfied with the e.c. criteria. - it is not taken into account that the kindergarten is small, there is no methodologist and specialists (you won’t take part in the projects especially), there are no premises (gym and music hall), and most importantly, it is remoteness from Up. education and accounting, they don’t pay for the road, they don’t pay for the phone. To whom to present their demands - The head of the education department told me that nothing depends on him

Please tell me what is the form of the additional agreement to existing employment contracts, should the words “effective contract” be written somewhere in it and with newly hired employees the word employment contract (in the title) should not be changed to an effective contract

I work at the music school as a teacher and accompanist, although 32 years ago I started working as a teacher. Please tell me, an additional agreement with new wage conditions must be signed for both positions (accompanist and teacher), or only for the position of a teacher? Or is it up to the director?
The second question: I started working as a clarinet teacher, now I teach two more instruments, should the instruments that I teach be specified in the additional agreement?

Good day! Please clarify the following points: 1) for how long are incentive payments to the employee (our director offers for a year, according to the labor districts for the previous year) and 2) who decides what incentive payments and in what amount are established for the employee? director? commission? (our director claims they are appointed by order of the director) Thank you.

Loved the comment. Could you comment on it.
This is done in order to save public money. But civil servants receive their salaries in a constant amount, regardless of the quality of their work. I see no reason why state employees from the social sector should be funded differently,” Vsevolod Lukhovitsky summed up.

Hello, do you have an effective contract for a teacher at your disposal, which, in your opinion, meets all the above requirements? Is it possible to get acquainted with it? Please send a link.

hello, we have introduced a regulation on EC in our college, there are vague assessment criteria that are tightened and changed from time to time (for example: what kind of teacher do you have educational work, no, this does not count, etc.), no one notified us in writing, although the points are already being calculated. Is it correct?

The center for the conclusion of an Effective contract is only one table called - Program for improving the methodological, professional, psychological and pedagogical skills of a teacher of secondary vocational education. From this Program come all economic calculations and directions for high-quality training of specialists. If you are not familiar with this program, then contact the President of the Russian Academy of Sciences for Industrial Engineering Tkachenko E.V.

HELLO! In our MBDOU, incentive payments (based on the results of a commission meeting) are assigned for a period of three months. If during these three months the teacher leaves this organization, should the performance be paid for the remaining period. The payment period is October - December inclusive, I quit in November.

Hello! Please explain what activities the management of the educational institution should take in relation to the labor collective before issuing them notifications about the introduction of an effective contract? Should ECs be drafted for employees at the time they sign notifications, or can this be done later, immediately before signing the ECs themselves or additional agreements?
Sincerely,
Tatyana

Hello. In our sports school one of the trainers-teachers has an initial professional education(not pedagogical). Experience ped. work 18 years. Is it necessary to oblige him to undergo retraining courses before concluding an additional agreement with this employee, or to provide for the need for training in the job duties determined by the additional agreement? Is it possible to grant the employee, as an exception, taking into account the effectiveness and length of service, the right not to undergo training in retraining programs for ped. personnel? Thank you in advance. Sincerely, Deputy director of the Youth Sports School N.F. Koksharov.

Good afternoon! Tell me, please, how and in which section of an effective contract to prescribe the performance of functions for a teacher class teacher?

Good afternoon! Our MBDOU ped. employees are forced to fill out "Self-Evaluation Sheets" every month, in which each employee must put down points for each type of work, then the commission will check the correctness of these estimates. Based on this, a premium is paid. But many refuse to fill them out, because. it is not always possible to evaluate the educational and educational process in points. The management threatens those employees who refuse to fill in with non-payment of bonuses. Is it legal?

Good afternoon, I recently got a job at the MKOU secondary school as a secretary, I am engaged in effective contracts, but I can’t figure out how to properly draw up an extra. agreement, combining positions, if our teachers combine positions not only as subject teachers, but also as a social teacher, teacher-organizer, etc., it turns out that for each teacher to do 2 additional. agreements? as a teacher and as, say, a social pedagogue? please explain how to do it right. Thank you in advance!

Good afternoon. Please tell me. The Education Committee makes it necessary to conclude an effective contract with all kindergarten employees (cooks, junior teachers, clerk, etc.), but studying legal documents, I understand that an effective contract is concluded only with teachers.

Good afternoon. Please tell me. How to issue an extension of the term of an effective contract with an employee if he continues to work in the institution? Thanks

Please tell me how to combine the optimization of the staff (I am interested in the faculty of the university) without increasing the workload (because educational plans suggest that a certain number of courses in a certain volume should be conducted)? Who will conduct them in this case? Regards, Tatiana

I just want to say a BIG THANK YOU to the developers of the site. In my opinion, no other site provides such exhaustive and competent information.

Thank you so much for your site! Always helps in the work.

I work in an institution as a deputy director for UMVR, and part-time in the same institution as a teacher additional education, will an effective contract apply to me as an educator?

I work as a teacher-speech therapist in the center of social rehabilitation of children with disabilities in St. Petersburg at a rate of 20 teaching hours per week. Two weeks ago, I was given a notice that, due to the transition to an effective contract, the duration working week 36 hours are set (of which 20 are pedagogical), while the salary remains the same as it was before, and the remaining 16 hours are not prescribed anywhere at all what I should do (although in an oral conversation they told me about various methodological work and assistance in the work of the center). If I do not agree with the new conditions, after 2 months I will be fired under Art. 77. Are the actions of the organization of the institution legal and what should I do in this situation?

when drawing up an effective contract, they want to prescribe a specific amount that the coach receives this year for the child's result, in the next academic year, for example, for the category of 1000 rubles, if the coach does not confirm the category, it is necessary to conclude a new additional agreement, is this correct?

i work at a boarding school, we don’t have enough educators… that’s why we are put in such conditions that we go on vacation if our partner agrees to work in two shifts, we sit down on sick leave with a sense of guilt, because we understand that the partner will have to work for you .... instead of a 5 hour working day, very often we work 7 hours, especially on vacations and holidays ... how should these 2 hours and additional shifts be paid ... overtime or as a replacement for production needs

What can be indicators and criteria for evaluating the effectiveness of a kindergarten speech therapist? Write please. Thanks.

After the merger of 2 schools, this year I had a very small load in the 10th grade, the next year they don’t give a load at all, my load is given to another teacher so that there is 1.5 rates. The head teacher of the school said that it was not profitable to keep me (an honored teacher of the Russian Federation) and there was an order to get rid of teachers with a small workload and pensioners. Because I signed an effective contract, then she said that the employment contract for the next academic year will not sign with me. What kind of order is this, and under what article do they want to fire me?

The program for the gradual improvement of the remuneration system in state and municipal institutions for 2012-2018 determines that an effective contract in a budgetary institution is an employment contract with an employee, which clearly indicates his job responsibilities, all conditions for remuneration, indicators and criteria for evaluating efficiency his work, conditions for receiving bonuses, as well as measures of social support. Thus, an effective contract connects wages in the public sector with the performance of both a particular employee and a public organization as a whole.

Effective contracts for state employees are used in federal public institutions, as well as are concluded with employees of state and municipal institutions of the constituent entities of the Russian Federation.

In the contract for each position, it is required to specify:

• duties;
• indicators and criteria for evaluating the effectiveness of activities;
• salary;
• additional rewards for achievements.

• wage system (official salaries, wage rates, additional payments, allowances, etc.);
• system of labor rationing;
• working conditions following the results of the special evaluation;
• working hours;
• conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work).

The main problem in introducing such an agreement is that it is necessary to develop clear performance indicators that can be easily measured. It is also necessary to build a universal system of requirements for all employees, it should follow from the requirements for the activities of the budgetary organization itself. These requirements are stipulated in the state and municipal task and other similar documents.

If this is not done, you will get an ordinary employment contract, only a very voluminous one. It will not provide the desired performance.

How to implement

The procedure is not complicated and consists of four stages. Each will require time, attention and a comprehensive assessment, so it is recommended to create a special working group, which should include representatives of the administration, employees and the trade union.

Stage 1. Develop or update regulatory documentation that regulates the criteria for evaluating efficiency and labor standards and the responsibilities of each position according to the staffing table. Remember that everything internal documents must be approved and implemented.

Stage 2. Amend the internal labor regulations on bonuses, incentives and compensatory payments. These documents and an effective contract should not contradict each other.

Stage 3. Prepare a new employment contract for each position. They will be signed by new employees. For those who are already working, it is necessary to prepare additional agreements to existing labor contracts, and indicate all the innovations in them, thereby equating the conditions with an effective contract.

Stage 4. Sign additional agreements. It is important to remember that in this case the terms of the employment contract change at the initiative of the employer, so it is extremely important to fulfill all the requirements of the Labor Code of the Russian Federation. The first step is to send an employee written notice not later than two months. To sign an additional agreement to an employment contract, it is not necessary to wait until the end of this period. If the employee refuses, it is necessary to offer him in writing another position, including a lower paid one. At the same time, it is important that the qualifications and experience of the employee allow her to take it (part 3 of article 74 of the Labor Code of the Russian Federation). However, if a budgetary institution completely switches to an effective contract, it will not be possible to find a vacancy with the same working conditions. In this case, it is made

• Gershman Mikhail Anatolievich
• Kuznetsova Tatyana Evgenievna

Keywords

annotation scientific article on sociology, author of scientific work - Gershman Mikhail Anatolyevich, Kuznetsova Tatyana Evgenievna

In 2012, the country's leadership outlined a plan to improve the wage system scientists as part of the transition to the so-called effective contract"(EC). The details of this state innovation, and, consequently, the practical mechanisms for implementing the idea itself are still not entirely clear. The article presents the results of focus groups conducted at the National Research University Higher School of Economics in order to determine the possible conditions and parameters of EC. The discussions were attended by representatives of organizations of state academies of sciences, universities and state scientific centers. The range of issues discussed included: factors influencing the current and long-term loyalty of a scientist; efficiency of organization and payment of scientific work, effectiveness scientific activity, institutional conditions for the transition to EC, etc. The main conclusions of the study given in the article contain proposals on the size and mechanisms of remuneration of researchers and other categories of scientific personnel. Thus, according to the authors, one of the key parameters of the EC should be a decent base salary guaranteed by the state. scientists. Other recommendations relate to the evaluation of scientific performance. According to the authors, in order to avoid an excessive influx of workers from other sectors of the economy into science, the EC should become not only a guarantee of decent wages, but also a tool for selecting the best. Finally, the article discusses the problems of financing and institutional development of the research and development sector. The authors believe that it is unlikely that it will be possible to build a working system of EC in science without deep transformations related to: restructuring the research and development sector (selection of the best), improving the financing system (diversifying sources, improving work scientific funds), modernization of the material and technical base, implementation of targeted conservation measures scientific schools and attracting youth.

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Efficient Contracting in the R&D Sector: Key Parameters

In 2012, the Russian government drew up a plan for improving the system of research remuneration by implementing the so-called "efficient contract" model in public R&D organizations. The details of this government initiative, however, still remain unclear, as do specific implementation arrangements. The provides paper the results of focus groups, held by the Higher School of Economics, in order to identify potential parameters of efficient contract modeling in the R&D sector. The discussions involved representatives from the State Academies of Sciences, universities and government research centers. Among the issues raised were the organization of labor and remuneration system in the R&D sector, productivity of scientific activities, institutional conditions for a transition to "efficient contracts", and factors affecting the loyalty of researchers. Major conclusions presented in the paper include recommendations for salaries and for the research remuneration system for R&D personnel. In the authors’ view, one of the key parameters of an efficient research contract should be a “fair” minimum salary guaranteed by the government. Another recommendation in reference to R&D evaluation is that efficient contracts should guarantee not only fair rewards but also competitive selection in order to prevent an excessive inflow of the workforce from other sectors of the economy. Finally, the paper discusses problems of funding and the institutional development of the R&D sector. In the authors' view, it will hardly be possible to build a high-performing system of efficient contracts without implementing profound reforms restructuring the R&D sector ("selection of the best"), improving the funding system (finding additional sources of investment, streamlining the operation of public science foundations), modernizing the physical infrastructure, and arranging for the conservation of Russian scientific schools and attracting young talent.

An effective contract in science will be developed by the Higher School of Economics

Recently, the Government of the Russian Federation approved the “Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018”. It is not yet clear whether this document directly applies to state scientific organizations, but the authorities have been saying for a long time that the ideology of the so-called “effective contract” (EC), which is laid down in it, will be applied to research structures.

By the way, the official definition of EC is given in the program for the first time. Previously, the highest officials of the country, who introduced this concept into everyday life, managed in general terms. Officials in different voices repeated the phrase said by the president that "with the transition to an effective contract, the salary of a specialist will depend not only on staying at the workplace, but also on the efficiency of his work." One got the feeling that, in the minds of the state leaders, all state employees, including scientists, still received their salaries solely for the fact that they came to work.

The emerging interpretation dotted the “i”. “An effective contract is an employment contract with an employee, which specifies his job duties, 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 services provided, as well as social support measures,” it says. in the document. The wording is not much different from the existing definition of an employment contract. So, apparently, we are talking about improvement, and not about a radical restructuring of labor relations.

Now the whole question is how exactly will they be implemented good intentions on “improving the efficiency of labor and the quality of services in the public sector” (this is how the main goal of introducing the EC is defined). Will it be possible, for example, in science to unify the criteria that make it possible to build a clear dependence of wages on specific results of work? Will the cost of introducing new system the effect of its implementation, and, in particular, won't scientists, having abandoned the real deal, “wind up” indicators?

Responsible for the implementation of an effective contract in their field are the relevant ministries, in our case, the Ministry of Education and Science. It, as has become customary in recent years, turned to the services of the National research university Higher School of Economics (HSE). Of course, a competition was held, and the HSE, in the fight against three other applicants, won the right to carry out research work on the topic “Development road map transition to an “effective contract” in the field of science in the Russian Federation and a package of institutional changes for its implementation”.

Interestingly, the Higher School of Economics offered the highest contract price - 30 million rubles, and at the same time scored more points than other participants. The competition commission headed by Elena Dryganova, Director of the Department of State Science, Technology and Innovation Policy of the Ministry of Education and Science, presented the HSE with the best high score for the quality of work and qualifications of the participant, and specific gravity this criterion is 45%.

Slightly behind the winner National Research University of Technology MISiS (declared contract price - 23 million), following places were occupied by the State University of Management (17 million), Speech Technology Center LLC (16.75 million).

According to the terms of reference, the work will be carried out in three stages. The development of the main characteristics of the "effective contract" system in the field of science will last until March 2013. The executors will be engaged in the assessment of the resources necessary for the transition to the EC and the preparation of an action plan (road map) until June 30. And, finally, the formation of a package of state regulation measures and a draft of their regulatory support completed by next December.

It is expected that the authors of the project will study “the best foreign practices of remuneration in science in at least eight leading countries, including the USA, Germany, Great Britain, France and China”, and give recommendations on the use of this experience in Russia. In addition, they will analyze the conditions associated with the transition to an “effective contract” in science and prepare proposals for a system of necessary institutional changes. One of the innovations included in this system has already been identified: according to the terms of the contract, the HSE must form “a model of a network of centers of excellence in the field of science and technology of the Russian Federation, meeting actual challenges and limitations of the development of this sphere”.

“Search” asked how they relate to the upcoming restructuring of the remuneration system in the scientific field in Russian Academy Sciences. According to the Deputy Chief Scientific Secretary of the Presidium of the Russian Academy of Sciences Vladimir Ivanov, the alleged innovations in the labor sphere are a double-edged sword. “If we concretize the requirements for a scientist, then we must specify in the same detail the obligations of the employer to ensure appropriate working conditions,” Vladimir Viktorovich noted. - This detail can be useful, but only up to a certain point. If we get too carried away with the process, we risk completely paralyzing the work of academic institutions.”

As for the development specific form“effective contract” for a researcher, Vladimir Ivanov is sure: training of this kind normative documents should be dealt with by the Ministry of Education and Science, the Ministry of Health, state academies, and trade unions. “Here we need qualified specialists on issues of labor relations, who have an idea about the specifics of the organization of science,” V. Ivanov noted. - In my opinion, such programs cannot be done on a competitive basis and should not be financed from the funds intended for research. And it is quite obvious that the results of such important works for scientists should undergo a comprehensive examination in the professional scientific community, primarily in the Russian Academy of Sciences. We hope that the Ministry of Education and Science, which is a supporter of qualified expertise, will support this idea and provide an opportunity to discuss HSE proposals before they are adopted.”

Viktor Kalinushkin, chairman of the Trade Union of Workers of the Russian Academy of Sciences, believes that, while studying and implementing foreign experience in creating wage systems for the scientific sphere, it is necessary not to forget about our achievements.

The mechanism for attestation of scientific personnel that is currently operating in the Russian Academy of Sciences is quite effective, - Viktor Petrovich notes. - In the 1990s, in conditions of extremely low funding, for obvious reasons, it faltered. But the situation has changed a long time ago: the academy introduced new, the highest in the industry, qualification requirements. It makes sense to correct them taking into account the specifics of different branches of science and the participation of a number of scientists in work on closed topics. And on this basis, it is quite possible to build a very effective contract. However, it is worth remembering that less than 60,000 dollars a year is spent per scientist working in an institution of the Russian Academy of Sciences, while researchers cost at least three times more expensive for world-leading countries.