Effective contract. What is an effective contract and why is it needed? Roadmap for an effective contract

The issue of the transition of budgetary institutions and organizations to an effective contract is of increased interest among managers, economists, personnel specialists, trade union representatives and the workers themselves. Some of them assess the benefits of such a transition, others name the difficulties associated with it.

In this article we will cover the following topics:

what is an effective contract;
pros and cons of an effective contract;
procedure for transition to an effective contract.

What is an effective contract?

On May 7, 2012, the President of the Russian Federation issued Decree No. 597 “On measures for the implementation of state social policy.” This document ordered the Government of the Russian Federation to adopt a program aimed at improving the remuneration system for workers employed in the public sector. Such a program is designed to link the remuneration of public sector employees to their achievement of specific indicators of the quality or quantity of services provided.

This program was adopted by Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r. To improve the wage system for workers in the public sector of the economy, the program introduces a new concept - effective contract.

An effective contract is an employment contract with an employee supplemented with new mandatory provisions. Compared to a regular employment contract, an effective contract must spell out the employee’s specific job responsibilities, explain in detail the terms of payment for his work, and also indicate indicators and criteria for assessing the effectiveness of his work. The specified evaluation criteria will be used to assign incentive payments and social support measures depending on labor results.

In other words, an effective contract must clarify and specify the employee’s labor function (previously this task was solved by the job description), define clear performance indicators and criteria for its evaluation, establish the amount of personal remuneration for achieving these indicators and the amount of incentives for the collective result of work.

Pros and cons of an effective contract

Like any innovation, the idea of an effective contract, along with useful changes, also has some disadvantages. Let's try to understand the pros and cons of an effective contract.

The obvious advantages of an effective contract include:

identification of key performance parameters;
establishing clear criteria for assessing performance;
detailed explanation to employees of their job functions;
stimulating employees to complete assigned tasks;
fair distribution of funds for employee salaries.

However, when introducing a system of effective contracts, it is worth taking into account some disadvantages:

incorrect definition of performance indicators or criteria for their evaluation can lead to ineffectiveness of the entire system as a whole;
Constantly assessing the performance of all employees requires significant additional time resources;
The transition to a new system of remuneration based on performance may lead to insufficient funds in the wage fund, which is planned in advance and which usually does not take into account the incentive payments provided for in an effective contract.

The procedure for switching to an effective contract

In the current labor legislation there is no concept of an effective contract; this term is present only in the Program for the gradual improvement of the remuneration system. From a legal point of view, the transition to an effective contract is the use of a new form of employment contract when hiring or making changes to an existing employment contract for existing employees.

That is, when hiring a new employee, an employment contract is signed with him in the format of an effective contract. An additional agreement is concluded with existing employees to change the terms of the employment contract on the basis of Art. 74 Labor Code of the Russian Federation.

When developing a new employment contract and additional agreement, you should rely on Art. 57 of the Labor Code of the Russian Federation, which regulates the content of the employment contract, as well as the norms provided for by local regulations, collective agreements and agreements. In addition to this, the employment contract (additional agreement) in the form of an effective contract must specify the employee’s work responsibilities, establish performance indicators for his work and criteria for its evaluation, and specify the amount of remuneration due for meeting performance indicators.

To organize the transition to effective contracts, a special commission should be created at the enterprise.

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

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

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

For each social sphere of activity there are your basic documents, developed to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for the education sector this is the Action Plan (“road map”) “Changes in sectors of the social sphere aimed at increasing the efficiency of education and science”, State Program of the Russian Federation “Development of Education” for 2013 - 2020.

What is an effective contract?

The Compensation Improvement Program defines an effective contract. This with an employee in which specified his job responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities to assign incentive payments depending on the results of labor and the quality of government (municipal) services provided, as well as social support measures.

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

the institution has a state (municipal) assignment and performance targets approved by the founder;
a system for assessing the performance of employees of institutions (a set of indicators and criteria that allow assessing the amount of labor expended and its quality), approved by the employer in the prescribed manner;
a remuneration system that takes into account differences in the complexity of the work performed, as well as the quantity and quality of labor expended, approved by the employer in the prescribed manner;
the labor standardization system for employees of the institution, approved by the employer;
detailed specification, taking into account industry specifics in employment contracts, of the job responsibilities of employees, indicators and criteria for assessing labor, and terms of remuneration.

Methodological basis for developing an effective contract

When developing the provisions of an effective contract, the head of a state (municipal) institution should first of all focus on Order of the Ministry of Labor of the Russian Federation No. 167, which approved the relevant recommendations for formalizing labor relations with an employee. For some areas of activity there is also its own methodological basis introduction of an effective contract. At the federal level, recommendations have been approved for the development of performance indicators for:

For other areas of activity, for example, for physical education and sports organizations, there are no similar recommendations yet. However, the activities of physical culture and sports organizations can be considered as the provision of social services in accordance with clause 1 of Order of the Ministry of Sports of the Russian Federation No. 121, and when developing performance indicators, be guided by Order of the Ministry of Labor of the Russian Federation No. 287. When switching to an effective contract system, this document can also be used by other institutions providing social services in their area.

In the future, all ministries and departments, in order to implement a new personnel policy in their subordinate budgetary institutions, based on an effective contract with employees, must:

develop and implement sample forms of employment contracts with employees;
clarify and establish industry labor standards based on existing professional standards;
prepare, test and implement exemplary programs of additional professional education (course training) for heads of budgetary institutions on the development and implementation of effective personnel policies based on an effective contract.

Regulatory legal acts and methodological basis for the transition to an effective contract system

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in average wages for public sector employees is associated with the efficiency and quality of services
Remuneration Improvement Program	A sample form of an employment contract (effective contract) with an employee of a government agency has been approved (Appendix 3).
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the Government of the Russian Federation (for example, Order of the Government of the Russian Federation No. 722 -R)	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated April 23, 2013 No. 32-rp).	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract in a specific region or municipality

Methodological recommendations for development by state authorities of constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by type of institution and main categories of workers, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for assessing employee performance specific social sphere, developed at the regional level*	A manual for developing criteria for institutions of constituent entities of the Russian Federation and municipalities
	A manual for developing criteria for assessing the effectiveness of the activities of heads of budgetary organizations of constituent entities of the Russian Federation and municipalities

* For example, Criteria for assessing the effectiveness of the activities of employees of municipal cultural institutions, approved by the Administration of the rural settlement of the Annovsky Village Council of the Belebeevsky District of the Republic of Bashkorstan by Resolution No. 69 dated December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated August 20, 2013 No. 1862-r.

How to conclude an effective contract?

If the employee is already is in an employment relationship with the employer, then you should conclude additional agreement on changes to the terms of the employment contract determined by the parties.

With faces hired, an employment contract is signed in the format effective contract.

Types of effective contracts

How to develop an employment contract - an effective contract?

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

Sample form of an employment contract- an effective contract with an employee of a state (municipal) institution is given in Appendix 3 to the Program for Improving Remuneration. This is a template that should be “customized” for each specific institution.

How to make an existing employment contract an effective contract?

The procedure for changing employment contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when organizational or technological working conditions change, the terms of the employment contract cannot be maintained, then it is allowed changing the terms of the contract at the initiative of the employer, that is, unilaterally (with the exception of changing the employee’s labor function). Order of the Ministry of Labor of the Russian Federation No. 167n recommends following this article when introducing an effective contract.

When introducing an effective contract, the key change in the terms of the employment contract will be adjustment of wage conditions. Article 74 of the Labor Code of the Russian Federation does not regulate this change, but it does not establish an exhaustive list what falls under the concept of “change in working conditions”. This means that if wage conditions change can be guided its provisions.

Another change concerns clarification of the employee’s responsibilities (for example, achieving performance indicators).

If the contract is changed unilaterally by the employer obliged to indicate reasons and justify them as inevitable. In this case, the employer can refer to the Program for Improving Remuneration and other regulations related to the introduction of an effective contract system. The program for improving remuneration establishes indicators and criteria for assessing the performance of employees of state (municipal) institutions - this is causes changes to the employment contract. The introduction of indicators and criteria necessitates changes in wage conditions and clarification of job responsibilities in employment contracts.

What terms of the employment contract are subject to change?

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

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

** Corresponding clause of the employment contract.

*** Relevant clause of an effective contract.

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

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

****** Established by the wage regulations, annex to an effective contract, paid for meeting performance indicators.

What to include in an effective contract?

When developing an employment contract and additional agreement, one should be guided by Art. 57 of the Labor Code of the Russian Federation, which regulates the content of the employment contract. If the conditions specified in this article are not in the previously concluded employment contract, then it is recommended to include them in the additional agreement.

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

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

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

labor function(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books , approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the case where it was concluded , the duration of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
terms of remuneration(including the size of the employee’s tariff rate or salary, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory in nature (name of payment, size, factors determining its receipt); stimulating nature (name of payment, conditions of receipt, indicators and criteria for assessing performance, frequency, size);
working hours and rest time (if for a given employee of the institution it differs from the working time and rest time regime of the general rules in force in the institution);
compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions determining, if necessary, nature of work(mobile, traveling, on the road, other type of work);
working conditions at work;
mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or additional agreement may contain additional conditions specifying the rights and obligations of the parties to the employment contract. However, these conditions should not worsen the employee’s position in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, collective agreements, agreements, local regulations, in particular the conditions for specifying the place of work (indicating the structural unit and its location), for testing .

Sequence of actions when introducing an effective contract

A certain sequence of actions when switching to an effective contract system will allow the employer to reduce the cost of effort and time, as well as comply with labor legislation. The actions should be as follows:

Create in institution commission on organizing work related to the introduction of an effective contract.
Learn basic and advanced performance indicators activities developed and approved by the founder, indicators of quality and efficiency of activities included by the founder in the municipal task for the organization to provide services of a certain type.
Acquainted with evaluation mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
Conduct outreach work in the workforce on the issues of introducing an effective contract.
Create on official website section “Assessment of the effectiveness of the institution” for the presentation of regulatory and administrative documents on the transition to a system of effective contracts.
Analyze existing employment contracts workers for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
Develop indicators employee productivity.
Taking into account the developed indicators make changes in the regulations on wages, regulations on incentive payments.
Adopt local regulations related to the employee’s remuneration, taking into account the opinion of the trade union committee of the primary trade union organization.
Concretize labor function and conditions of remuneration of the employee.
Develop individual employment contracts(additional agreements) with employees, taking into account the approved form of a model employment contract, using indicators and approved criteria for the effectiveness of the activities of the institution’s employees.
Approve changes job descriptions.
Notify employees to change certain terms of the employment contract.
To conclude additional agreements with employees.

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

Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy.”

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.

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

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

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

Order of the Ministry of Health of the Russian Federation dated June 28, 2013 No. 421 “On approval of Methodological Recommendations for the development by government bodies of constituent entities of the Russian Federation and local governments of performance indicators for subordinate government institutions, their managers and employees by type of institution and main categories of employees.”

Letter of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 No. AP-1073/02 “On the development of performance indicators” (together with the “Methodological recommendations of the Ministry of Education and Science of the Russian Federation on the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators of state (municipal) institutions in the field of education, their managers and certain categories of employees,” approved by the Ministry of Education and Science of the Russian Federation on June 18, 2013).

Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920 “On approval of Methodological Recommendations for the development by public authorities of constituent entities of the Russian Federation and local governments of performance indicators for subordinate cultural institutions, their managers and employees by type of institution and main categories of employees.”

Order of the Ministry of Labor of the Russian Federation dated July 1, 2013 No. 287 “On methodological recommendations for the development by government bodies of constituent entities of the Russian Federation and local governments of performance indicators for subordinate state (municipal) institutions of social services for the population, their managers and employees by type of institution and main categories of employees.”

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

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

The term effective contract was introduced into circulation in connection with the adoption of the Program for Improving the Remuneration System in State and Municipal Institutions (“Program for the Phased Improvement of the Remuneration System in State (Municipal) Institutions”, approved by Decree of the Government of the Russian Federation No. 2190-r). Employers in the public sector of the economy are required to use effective contracts.

An effective contract is understood as an employment contract with an employee of a state or municipal institution, in which the following are most fully formulated: the employee’s job responsibilities; terms of remuneration.

Including indicators and criteria for assessing the employee’s performance in order to assign incentive payments to him depending on the results of work and the quality of government or municipal services provided, as well as social support measures.

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

The essence of an effective contract is the formation of a new remuneration system tied to the results of the work of a budgetary organization (subparagraph “e” of paragraph 1 of Decree of the President of the Russian Federation No. 597).

The main challenge in introducing an effective contract relates to the development of measurable performance indicators. These indicators must be carefully thought out and tested.

It is necessary to build a unified system of requirements for personnel, arising from the requirements for the activities of the institution itself, provided for in state and municipal assignments and other similar documents.

Many budgetary institutions retain previously used incentive payments, which have low effectiveness in modern conditions. For example, for conscientious performance of duties, intensity of work, quality of work without specifying specific measurable parameters.

At the same time, use job responsibilities and job titles established by the relevant professional standards, and if they have not yet been developed, then by qualification reference books (clause 10 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n).

The transition to an effective contract consists of carrying out measures related to changing the terms of the employment contract, since the clause on remuneration is its integral part (paragraph 5, part two, article 57 of the Labor Code of the Russian Federation).

Moreover, the employer introduces changes to working conditions virtually unilaterally - on his own initiative, therefore it is necessary to strictly follow the Labor Code (Articles 57, 72, 74, 100 of the Labor Code of the Russian Federation).

The terms of an employment contract determined by the parties can be changed in two ways (Articles 72, 74 of the Labor Code of the Russian Federation, clause 5 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n):

1. send the employee a written notice no later than two months in advance (sample below). If he agrees, conclude with him a corresponding additional agreement to the employment contract in the prescribed manner;
2. conclude in writing an additional agreement to the employment contract when switching to an effective contract with mutual consent of the parties to make changes. In this case, no deadlines need to be observed.

If a public sector employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available in the institution, including a lower paid one, which the employee can take (part three of Article 74 of the Labor Code of the Russian Federation). In a situation where a budgetary institution completely switches to a new remuneration system, it will be difficult to find an employee a vacancy that does not provide for work under an effective contract. In this case, the employment contract is terminated (Clause 7, Part 1, Article 77 of the Labor Code of the Russian Federation).

Sample of an effective contract

An effective contract with teaching staff should make the teacher’s work more prestigious and contribute to the growth of his salary. Read the article on how to draw up a contract.

Educational institutions have been implementing effective contracts with teachers for several years. The transition to these types of contracts should lead to an improvement in the system of incentive payments for teaching employees of state and municipal institutions. Their income will depend on whether they achieve established indicators of the quality and quantity of state or municipal services that teachers provide (Section IV of the Program approved by Decree of the Government of the Russian Federation No. 2190-r). There are different indicators for institutions of different industry profiles. Order of the Ministry of Labor of the Russian Federation No. 167n approved recommendations that explain how to draw up an effective contract. They can be used when registering labor relations with all employees of institutions.

The term effective contract was introduced into circulation in connection with the adoption of the Program for Improving the Remuneration System in State and Municipal Institutions. Employers in the public sector of the economy must apply such contracts. According to the state-approved program, work on the transition to an effective contract in education must be completed.

An effective contract is an employment contract with an employee of a state or municipal institution, which specifies in detail the employee’s job responsibilities and terms of remuneration, which are conditional on the fulfillment of pre-established indicators.

Before introducing an effective contract, it is necessary to develop:

Regulations on the commission or working group that will deal with the introduction of effective contracts;
indicators and criteria by which the labor efficiency of the institution’s employees will be assessed;
internal regulations on establishing labor standards for workers, taking into account industry specifics;
a local act that describes the content and scope of labor functions of each employee.

It is also necessary to make changes to the following internal documents of the educational institution:

Internal labor regulations,
regulations on the remuneration system, regulations on incentive and compensation payments,
bonus regulations,
job descriptions and so on.

There is no need to terminate already concluded employment contracts with teachers and conclude effective contracts. To introduce an effective contract, update the relevant conditions in additional agreements to the employment contracts of teachers who are already on the staff of the organization (clause 5 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n).

The employer must measure the effectiveness of incentive payments. In a sample effective contract, define your performance criteria for each employee, taking into account regulations at the federal, regional and local levels.

Advice on how to develop criteria is contained in the Methodological Recommendations (letter of the Ministry of Education and Science of Russia No. AP-1073/02). In particular, ten such performance indicators are established for school teaching staff. These include, for example, the implementation of additional projects. These are excursion and expedition programs, group and individual educational projects of students, social projects and the like.

Specify the performance criteria in the employment contract (effective contract) with the employee (clause 12 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n). If during the reporting period the quality and efficiency of work meets the performance criteria, the teacher will be awarded an appropriate payment; if it does not correspond, it will not be awarded or will be assigned in a reduced amount.

Formulate contract clauses about the types of payments and the conditions under which they are paid, so that the employee understands how much and for what he will be paid. If you establish payments in rubles, write down the amount in the employment contract or additional agreement (clause 13 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n).

To formalize an employment relationship with a teacher, an approximate form of an effective contract (employment contract) is used. It is contained in Appendix No. 3 to the Program for Improving the Remuneration System, which was approved No. 2190-r.

If a teacher just starts working, then an effective contract is immediately signed with him in an approximate form. If the teacher is already working, then an additional agreement is drawn up with him, which implies a change in the terms of the employment contract and is also drawn up according to the mentioned sample form.

Based on the second part of Article 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the teacher in writing no later than two months in advance of the terms of the employment contract previously agreed upon by the parties, as well as the reasons that led to the need for such changes, unless otherwise provided. Labor Code of the Russian Federation.

Based on the above, an additional agreement to the employment contract must be concluded after you have developed indicators and criteria for assessing the labor efficiency of the institution’s employees in order to determine the size and conditions for the implementation of incentive payments.

If the previously drawn up employment contract does not contain information about the employer and employee provided for in the sample form, then it is advisable to include this information in an additional agreement to the employment contract.

When you draw up an effective contract with an employee of an institution, you need to take into account the norms provided for by internal regulations, collective agreements and agreements that determine:

Terms of remuneration for teachers of educational institutions (including salary amounts, tariff rates of wages, additional payments, allowances);
working conditions for teachers, confirmed by the results of a special assessment of working conditions;
schedule of working hours and rest time;
conditions that determine the nature of the work (mobile, traveling, on the road, other nature of work).

Conditions that need to be reflected in an effective contract:

1. job responsibilities in full;
2. the amount of additional work that the teacher performs without exemption from the work specified in the TD;
3. all types of payments and the conditions under which they are accrued.

Thus, an effective contract is an employment contract that establishes incentive payments for teachers based on quality indicators, as well as effectiveness and efficiency.

An effective one contains all the conditions that an employment contract includes. In addition, it contains the conditions mentioned in Order of the Government of the Russian Federation No. 2190-and paragraph 2 of the recommendations approved by Order of the Ministry of Labor of Russia No. 167n. This is a clarification of the employee’s labor function, specification of job responsibilities, terms of remuneration, in particular the amount of remuneration and the amount of incentives for achieving collective labor results, indicators and criteria for assessing the employee’s performance for incentive payments (indicators depend on the results of work and the quality of services); measures of social support for the employee.

Effective contracts with employees

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

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

Each social sphere of activity has its own basic documents, developed in order to improve the efficiency and quality of service delivery during the transition to an effective contract system. For example, for the education sector this is the Action Plan (“road map”) “Changes in sectors of the social sphere aimed at increasing the efficiency of education and science”, the State Program of the Russian Federation “Development of Education”.

The Compensation Improvement Program defines an effective contract. This is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing performance for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures.

So, an effective contract refers to the labor relationship between the employer and employees, based on:

Whether the institution has a state (municipal) assignment and performance targets approved by the founder;
a system for assessing the performance of employees of institutions (a set of indicators and criteria that allow assessing the amount of labor expended and its quality), approved by the employer in the prescribed manner;
a remuneration system that takes into account differences in the complexity of the work performed, as well as the quantity and quality of labor expended, approved by the employer in the prescribed manner;
the labor standardization system for employees of the institution, approved by the employer;
detailed specification, taking into account industry specifics in employment contracts, of the job responsibilities of employees, indicators and criteria for assessing labor, and terms of remuneration.

When developing the provisions of an effective contract, the head of a state (municipal) institution should first of all focus on Order of the Ministry of Labor of the Russian Federation No. 167, which approved the relevant recommendations for formalizing labor relations with an employee. Some areas of activity also have their own methodological basis for introducing an effective contract.

Medical organizations - Order of the Ministry of Health of the Russian Federation No. 421,
educational organizations - Letter of the Ministry of Education and Science of the Russian Federation No. AP-1073/02;
cultural institutions - Order of the Ministry of Culture of the Russian Federation No. 920;
social service organizations - Order of the Ministry of Labor of the Russian Federation No. 287.

In the future, all ministries and departments, in order to implement a new personnel policy in their subordinate budgetary institutions, based on an effective contract with employees, must:

Develop and implement sample forms of employment contracts with employees;
clarify and establish industry labor standards based on existing professional standards;
prepare, test and implement exemplary programs of additional professional education (course training) for heads of budgetary institutions on the development and implementation of effective personnel policies based on an effective contract.

Regulatory legal acts and methodological basis for the transition to an effective contract system:

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in average wages for public sector employees is associated with the efficiency and quality of services
Remuneration Improvement Program	A sample form of an employment contract (effective contract) with an employee of a government agency has been approved.
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the Government of the Russian Federation (for example, Order of the Government of the Russian Federation No. 722 -R)	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in sectors of the social sphere aimed at increasing the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg No. 32-rp).	Reflects activities, indicators and results to improve the efficiency and quality of services in the relevant area, correlated with the stages of transition to an effective contract in a specific region or municipality

Methodological recommendations for development by state authorities of constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by type of institution and main categories of workers, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for assessing employee performance specific social sphere, developed at the regional level	A manual for developing criteria for institutions of constituent entities of the Russian Federation and municipalities
	A manual for developing criteria for assessing the effectiveness of the activities of heads of budgetary organizations of constituent entities of the Russian Federation and municipalities

If the employee is already in an employment relationship with the employer, then an additional agreement should be concluded with him to change the terms of the employment contract determined by the parties.

An employment contract in the format of an effective contract is signed with persons hired.

An approximate form of an employment contract - an effective contract with an employee of a state (municipal) institution is given in Appendix 3 to the Program for Improving Remuneration. This is a template that should be “customized” for each specific institution.

The procedure for changing employment contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when organizational or technological working conditions change, the terms of the employment contract cannot be maintained, then the terms of the contract may be changed at the initiative of the employer, that is, unilaterally (with the exception of changes in the employee’s labor function). Order of the Ministry of Labor of the Russian Federation No. 167n recommends following this article when introducing an effective contract.

When introducing an effective contract, a key change in the terms of the employment contract will be an adjustment to the terms of remuneration. Article 74 of the Labor Code of the Russian Federation does not regulate this change, however, it does not establish an exhaustive list of what falls under the concept of “change in working conditions”. This means that when changing the terms of remuneration, you can be guided by its provisions.

Another change concerns clarification of the employee’s responsibilities (for example, achieving performance indicators).

When changing the contract unilaterally, the employer is obliged to indicate the reasons and justify them as inevitable. In this case, the employer can refer to the Program for Improving Remuneration and other regulations related to the introduction of an effective contract system. The program for improving remuneration establishes indicators and criteria for assessing the performance of employees of state (municipal) institutions - these are the reasons for changing the employment contract. The introduction of indicators and criteria necessitates changes in wage conditions and clarification of job responsibilities in employment contracts.

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

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

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

Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee of the institution). If, according to the Labor Code of the Russian Federation, other federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books , approved in the manner established by the Government of the Russian Federation, or the provisions of professional standards;
in the case where a fixed-term employment contract was concluded, its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
terms of remuneration (including the size of the employee’s tariff rate or salary, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: compensatory in nature (name of payment, size, factors determining its receipt); stimulating nature (name of payment, conditions of receipt, indicators and criteria for assessing performance, frequency, size);
the working time and rest time regime (if for a given employee of the institution it differs from the working and rest time regime of the general rules in force in the institution);
compensation for hard work and work under harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions in the workplace;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws.

A certain sequence of actions when switching to an effective contract system will allow the employer to reduce the cost of effort and time, as well as comply with labor legislation.

The actions should be as follows:

1. Create a commission in the institution to organize work related to the introduction of an effective contract.
2. Study basic and additional performance indicators developed and approved by the founder, quality and performance indicators included by the founder in the municipal assignment for the organization to provide a certain type of service.
3. Familiarize yourself with the assessment mechanism, the system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Conduct explanatory work among the workforce on the issues of introducing an effective contract.
5. Create a section on the official website “Assessing the effectiveness of an institution” to present regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze the current employment contracts of employees for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
7. Develop employee performance indicators.
8. Taking into account the developed indicators, amend the regulations on wages and the regulations on incentive payments.
9. Adopt local regulations related to employee remuneration, taking into account the opinion of the trade union committee of the primary trade union organization.
10. Specify the labor function and terms of remuneration of the employee.
11. Develop individual employment contracts (additional agreements) with employees, taking into account the approved form of an exemplary employment contract, using indicators and approved criteria for the performance of the institution’s employees.
12. Approve the amended job descriptions.
13. Notify employees about changes in certain terms of the employment contract.
14. Conclude additional agreements with employees.

Transition to an effective contract

First of all, you should carry out explanatory work with all employees in order to clarify the concept of an effective contract in the social sphere and talk about the goals of introducing such an agreement with employees.

To do this, we recommend that you carefully study the legal acts of the legislator related to an effective contract: Order of the Ministry of Labor and Social Protection of the Russian Federation No. 167n “On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” and Section IV “Programs for phased improving the remuneration system in state (municipal) institutions, approved by Decree of the Government of the Russian Federation No. 2190-r.”

As for your employees’ concerns regarding the termination of the old employment contract, an effective contract in social services is not a new type of legal relationship. This is only a change in important terms of the agreement (the remuneration system, the introduction of incentive methods, performance assessment). That is, you can simply sign an additional agreement with old employees, taking into account changes in the contract. And with new ones – draw up an effective contract. You can argue this statement by referring to paragraph 5 of the Recommendations approved by Order of the Ministry of Labor of Russia No. 167n. Also Art. 57 of the Labor Code of the Russian Federation: “if, when concluding an employment contract, it did not include any information and (or) conditions from those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or its termination.”

The transition to an effective contract in the social sphere must be carried out according to a specific plan, in compliance with all legislative requirements. It is necessary to inform (in writing) each employee about the transition to a contract, hand in the corresponding notice (we refer to Article 74 of the Labor Code of the Russian Federation, which states: “the employer is obliged to notify about upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes employee in writing no later than two months"). At the same time, develop a labor (efficiency) assessment system and switch to a more progressive remuneration system. An approximate example of an effective contract in social protection is presented in the “Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” approved by Order of the Ministry of Labor of the Russian Federation No. 1b7n.

Effective contract with teaching staff

Decree of the Government of the Russian Federation No. 2190-r approved a program for improving the remuneration system in state (municipal) institutions. Within its framework, a transition to an effective contract with teaching staff is provided, i.e. an employment contract that specifies job responsibilities, payment conditions, indicators and criteria for assessing the effectiveness of activities, as well as social support measures.

Thus, the essence of such a contract is to establish a relationship between remuneration and the results of the work of a budgetary organization.

It is used in relations with employees of federal government institutions, and can also be concluded with employees of state institutions of the constituent entities of the Russian Federation and municipal institutions.

Payment system (including salaries (official salaries), wage rates, additional payments, allowances);
labor standardization system;
working conditions based on the results of a special assessment of working conditions;
working hours and rest hours for teachers;
staffing schedule of the educational institution;
conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road).

The main challenge in implementation relates to the development of performance measures. They must be carefully thought out and tested. It is necessary to build a unified system of requirements for employees, arising from the requirements for the activities of the institution itself, provided for in state and municipal legal documents. Without fulfilling this condition, an effective contract will simply remain a more voluminous employment contract and will not ensure its effectiveness.

The Ministry of Education and Science of the Russian Federation has developed several methodological recommendations on the introduction of proven models of effective contracts in the system of vocational training and secondary vocational education and on incentives for heads of educational organizations (that is, with teachers). They contain a list of performance indicators for teachers and industrial training masters of professional educational organizations, as well as a list of performance indicators for managers of professional educational organizations.

Also, important indicators of the effectiveness of teachers’ activities, which should be used in the development, are established in Order No. 722-r.

Implementation occurs in several stages:

1. It is necessary to develop or bring into compliance regulatory documentation regulating the criteria for assessing the effectiveness of teachers’ work, labor standards taking into account industry specifics, the content and scope of labor functions of each position in accordance with the staffing table. All local documents must be approved, and the date for their entry into force is determined.
2. Appropriate changes are made to the internal labor regulations, provisions on remuneration, bonuses, incentives and compensation payments, after which the provision on an effective contract with teaching staff is approved.
3. Sample employment contracts are being developed for each position for newly hired employees, as well as additional agreements to existing agreements to bring them into an effective contract.
4. The strictest possible compliance with the requirements of the Labor Code of the Russian Federation is required, since the terms of the employment contract change at the initiative of the employer: working teachers sign an additional agreement. The employer must give the employee at least two months' written notice. If you agree, enter into an additional agreement with him in the prescribed manner. In this case, you don’t have to wait for the expiration of two months.

If the employee does not agree, the employer is obliged to offer him in writing another suitable position, including a lower paid one (Part 3 of Article 74 of the Labor Code of the Russian Federation). If this is impossible, the employment contract is terminated (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

An effective contract in a preschool educational institution

To increase interest in improving the quality of training for children in preschool municipal institutions, the Government of the Russian Federation, in accordance with Decree of the President of Russia No. 597, has developed a program that allows gradually, in several stages, to improve the system of remuneration for teachers, which is reaching the finish line.

Let us answer once again the questions that, despite the fact that the Program was approved as early as No. 2190-r, still arise today:

1. What constitutes an effective contract in a preschool educational institution;
2. How does the transition to an effective preschool educational institution contract take place in practice?

First of all, the introduction of an effective contract, even based on the name itself, implies a higher level of preparation of children for further education at school, since the remuneration system under the terms of such a contract directly depends on the final results and quality indicators of the work of each individual employee.

In addition, the use of an effective contract should, by its very nature, help solve one of the most pressing problems - eliminating the queue for placing a child in kindergarten.

In essence, an effective contract in a preschool educational institution is not an innovation, since it only:

1. Specifies the employee’s job responsibilities;
2. Determines the main indicators by which the effectiveness of his work is assessed;
3. Matches the amount of incentive payments in addition to the guaranteed salary, depending on performance.

Main legal aspects of the transition to an effective contract in a preschool educational institution:

1. First of all, it is necessary to develop specific indicators for the possibility of objective assessment of labor efficiency both for concluding an effective contract directly with preschool teachers and with service personnel.
2. The norms of Art. 135 of the Labor Code of the Russian Federation, it is stipulated that the adoption by the employer of local acts, on the basis of which a new wage system will be established in the institution, must be agreed upon with the representative body of employees. It is necessary to take into account proposals for the use of performance assessment made by the trade union body of the institution.
3. It is necessary to hold a meeting of the team, the agenda of which is to explain the essence of the program aimed at improving and developing the education system, with the ultimate goal of raising the level of services provided by kindergarten workers to a higher level and providing material incentives for quality indicators of work.
4. According to Part 2 of Art. 74 of the Labor Code of the Russian Federation, employees must be notified at least two months in advance that the terms of the employment contract will be significantly changed and in connection with what such changes are coming.
5. During the two-month period while the employee decides whether or not to agree to switch to an effective contract, management must familiarize him with the new conditions of how remuneration will be made in accordance with these changes.
6. Without obtaining the employee’s consent, the manager does not have the right to transfer him to an effective contract. In accordance with labor legislation, he may be offered another vacancy (lower qualifications or less paid).
7. If the employee agrees, the transition is formalized by an additional agreement to the previously signed agreement in the manner prescribed by the provisions of Art. 72 Labor Code of the Russian Federation.
8. When drawing up an additional agreement on the transition of employees to the terms of an effective contract, it is important to take into account that, in accordance with Art. 9 of the Labor Code of the Russian Federation, the level of guarantees established by labor legislation cannot be reduced.
9. It is recommended to accept new employees using the new effective contract form given in Appendix No. 3 to the program itself, adjusted for each specific case.

Questions often arise regarding whether to switch to an effective contract with the head nurse or caretaker of a preschool institution.

The answer lies in the definition of the concept of an effective contract, which in itself is not something completely unknown.

Back in Soviet times, similar methods were introduced that took into account the coefficients of labor participation of each employee when calculating wages.

An effective contract in a preschool educational institution allows you to take the system of remuneration for each employee to a new level, breaking away from the tariff schedule.

An important feature of its application is the definition of responsibilities for each specialty and established criteria for assessing labor efficiency.

According to Order of the Ministry of Labor of the Russian Federation No. 167n, it is recommended to use the following payments of an incentive and compensatory nature when paying employees of budgetary organizations:

1. Consider the intensity of the nature of the work performed. In this case, additional payment for intensity can be paid in the form of one-time cash bonuses for high rates of completed tasks;
2. An increase in wages in accordance with the qualification category of the employee, which should encourage the employee to strive to improve his skills and raise the level of qualifications in his profession;
3. Additional payments, both for length of service and for continuity of work in one institution. Helps eliminate the problem of staff turnover;
4. Payment of incentive bonuses based on final indicators summed up at the end of certain periods: for a month, a quarter, a calendar year;
5. Additional payments for work in conditions hazardous to health and life;
6. Payment for the main work provided for by the terms of the employment contract when combining professions, expanding the service area, or increasing the volume of duties performed must include monetary additional payments. In cases where the duties of an absent employee are performed without release from their direct duties as defined in the employment contract, overtime and night work must be additionally paid;
7. Other payments may be provided that encourage and motivate employees, if this does not contradict current legislation.

It is important to understand that when switching to an effective contract when paying for labor, the part of the wage that constitutes the salary remains unchanged and obligatory for payment.

Other incentive payments can be accrued only if the performance of each individual employee meets the evaluation criteria.

The ultimate goal of introducing an effective contract in a preschool educational institution is to bring the level of payment to decent amounts based on the conscientious attitude of each employee to their job responsibilities and the quality results of their work.

Effective contracts in culture

To date, at the federal level, a regulatory framework has been formed for the implementation of the Program for the gradual improvement of the wage system in state (municipal) organizations, approved by Order of the Government of the Russian Federation N 2190-r (hereinafter referred to as Program N 2190-r), and a gradual transition to a new payment system begins labor taking into account quality performance indicators, designed to help increase workers' wages. One of the measures to achieve the set goals is the introduction of an effective contract in organizations. In this article we will tell you what documents should be followed and what actions should be taken in connection with the transition to an effective contract for cultural institutions.

The main regulatory legal document establishing goals, objectives and measures to improve the remuneration system for employees of state and municipal institutions in order to implement Decree of the President of the Russian Federation N 597 “On measures for the implementation of state social policy” (hereinafter referred to as Decree N 597), is Program N 2190 -р, which is mandatory for federal government agencies and recommendatory for government agencies of the constituent entities of the Russian Federation and municipalities.

For cultural institutions, their own State Program of the Russian Federation “Development of Culture and Tourism” has also been approved.

In accordance with Decree N 597 and Program N 2190-r, Methodological recommendations have been developed for developing an action plan to improve the efficiency of the institution in terms of providing public services (performing work) by a federal state cultural institution under the jurisdiction of the Ministry of Culture of the Russian Federation.

Order N 920 of the Ministry of Culture of the Russian Federation approved Methodological Recommendations for the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for the activities of subordinate cultural institutions, their managers and employees by type of institution and main categories of employees (hereinafter referred to as Recommendations N 920).

Letter N 124-01-39/04-NM of the Ministry of Culture of the Russian Federation also developed Recommendations for the development of regulatory legal acts for the implementation of measures to gradually increase wages for employees of cultural institutions.

Order of the Government of the Russian Federation N 2606-r approved the Action Plan (“road map”) “Changes in sectors of the social sphere aimed at increasing the efficiency of the cultural sector” (hereinafter referred to as the Action Plan).

Letter N 32-01-39/04-NM of the Ministry of Culture of the Russian Federation has developed methodological recommendations for making changes to action plans (“road maps”) aimed at increasing the efficiency of the cultural sector in the corresponding region.

Based on these documents, many of which are advisory in nature, constituent entities of the Russian Federation and municipalities are developing their own documents.

In turn, cultural institutions, taking into account the specified documents, as well as the Unified Recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of state and municipal institutions, approved for the corresponding year by the decision of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, must:

Develop your own local regulations, in particular establishing criteria for assessing the performance of employees;
- make changes to the current local acts establishing the remuneration system. For federal cultural institutions, it is also recommended to develop an action plan to improve the efficiency of the institution in terms of providing public services (performing work) based on the institution’s performance targets, improving the remuneration system, including measures to increase the remuneration of relevant categories of employees.

The main activities carried out by cultural institutions and aimed at improving the remuneration system include the preparation of proposals and approval of employee performance indicators and the conclusion of additional agreements to employment contracts in connection with the introduction of an effective contract or new employment contracts with newly hired employees.

The criteria, indicators and frequency of assessing the performance of employees of institutions are established by local regulatory legal acts of institutions, collective agreements, agreements, employment contracts and are determined taking into account the achievement of goals and performance indicators of the institution.

The frequency of assessing the effectiveness of the activities of institutions and their managers is established by the bodies exercising the functions and powers of the founder.

To develop performance indicators for the activities of subordinate cultural institutions, their managers and employees, the Ministry of Culture has developed Recommendation No. 920 by government bodies of the constituent entities of the Russian Federation and local self-government bodies.

According to Recommendations N 920, it is recommended to develop performance indicators for each type of cultural institution: public libraries, museums, theaters, cultural and leisure organizations, cultural and recreation parks, circuses, circus groups, zoos, concert organizations, independent groups, production, rental and screening of films, radio and television broadcasting, archives, and other stationary and mobile institutions.

As a basis for developing performance indicators, it is recommended to use the indicators established in the Program “Development of Culture and Tourism”, the Federal Target Program “Culture of Russia”, approved by Decree of the Government of the Russian Federation N 186, the Action Plan, as well as those indicated in the departmental lists of state (municipal) services ( works), lists of criteria for assessing the activities of state (municipal) cultural institutions, provisions on incentive payments to the heads of state (municipal) cultural institutions, other regulatory legal acts of a constituent entity of the Russian Federation or municipal entity.

When developing performance indicators, it is recommended to pay attention to the following parameters:

Ensuring that wages are linked to improving the quality of government (municipal) services provided (work performance);
- introduction of an interconnected system of industry performance indicators from the federal level to specific institutions and employees;
- target indicators of the institution’s activities aimed at achieving the indicators determined by the “road maps”, including indicators characterizing the implementation of structural and institutional reforms, as well as indicators on the ratio of the average salary of the institution’s employees and the average salary in the constituent entity of the Russian Federation;
- indicators of the fulfillment of the state task for the provision of public services (works), the quality of the provision of public services, the growth of income from the provision of paid services compared to the previous period;
- volume of activity, as well as the number of people using the services of a cultural institution (for a year, half a year, quarter, month);
- expansion (updating) of the list of services provided to the population (for the same periods);
- implementation of the principle of increasing wages in accordance with the increasing labor efficiency of employees.

In performance indicators of managers, it is recommended to take into account, among other things:

Changes in the qualification level of employees (for six months, a year);
- occupancy rate of staff during the year (month);
- change in expenses for staff development (per year);
- use of modern work technologies in the work of cultural institutions (monthly).

When forming performance indicators for the main categories of employees, it is recommended to take into account the following:

Complete use of the working time fund in the corresponding period;
- no complaints from the manager regarding the performance of official duties;
- absence of complaints from consumers of services regarding the quality of the employee’s work;
- initiative in work, exchange of experience, as well as other performance indicators.

Number of new and majorly renewed performances;
- the number of public performances at the station (main stage, rented venues), on tour in Russia and abroad;
- number of public performances for children and youth audiences;
- number of spectators according to tickets sold;
- average occupancy of a hospital hall (in percentage) (for institutions operating ticket services, according to tickets sold);
- the number of new productions of plays based on works of modern Russian drama (for drama theatres);
- the number of new productions of plays based on the works of modern composers, as well as productions by modern choreographers (for opera and ballet theaters).

The introduction of an effective contract implies a qualitative improvement in labor relations within the framework of employment contracts.

An effective contract is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing performance for the appointment of incentive payments depending on the results of work and the quality of public services provided, as well as social support measures.

As one of the measures to introduce an effective contract, it is recommended to provide for advanced training of employees of cultural institutions dealing with issues of labor relations and remuneration.

When formalizing labor relations when introducing an effective contract in cultural institutions, as in other state (municipal) institutions, Recommendations No. 167n can be applied.

According to paragraphs 4, 5 of Recommendations No. 167n, the implementation of an effective contract can be carried out in two ways: by concluding an employment contract with new employees or by concluding an additional agreement to already concluded employment contracts.

An approximate form of such an employment contract is given in Appendix 3 to Program N 2190-r. At its core, this is an employment contract drawn up in accordance with the requirements of the law, but special attention should be paid to the terms of remuneration. In particular, this applies to incentive payments. In this regard, the contract must specify the labor function (job responsibilities), indicators and criteria for assessing the performance of the employee (manager), the amount of remuneration and incentives. At the same time, the conditions for receiving remuneration and incentives must be clear to the employee and the employer and should not allow for double interpretation.

The system of remuneration of employees (including salaries (official salaries), wage rates, additional payments, allowances);
- labor standardization system;
- working conditions of employees based on the results of a special assessment of workplaces, as well as other special working conditions of employees;
- working hours and rest hours;
- staffing of the institution;
- conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, etc.).

Similar recommendations have been developed for an additional agreement to an employment contract. That is, it is recommended to indicate in the terms of remuneration not only the size of the tariff rate or salary, but also to specify the conditions for making compensation and incentive payments (names of payments, size, conditions of receipt, frequency, indicators and criteria for assessing performance).

At the same time, personnel officers should carefully review the previously concluded employment contract to ensure that all the mandatory conditions established by Art. 57 of the Labor Code of the Russian Federation, and in the absence of any condition, include it in the additional agreement.

In addition, it is recommended to include a condition on social support measures, and in cases provided for by labor legislation and other regulations, other conditions (for example, the specifics of establishing the teaching load for teachers of educational institutions of higher and additional professional education, calculating the salaries of teachers, other teaching staff with taking into account the established volume of teaching load).

An employment contract or an additional agreement to it may also provide for additional conditions that specify the rights and obligations of the parties to the employment contract and do not worsen the position of the employee of the institution in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, collective agreements, agreements, local regulations, established by Art. 57 Labor Code of the Russian Federation.

In wage systems, employment contracts and additional agreements to employment contracts with employees of institutions, it is recommended to use the following incentive and compensation payments:

For intensity and high results of work (incentive for work intensity, bonuses for high work results, for performing particularly important and responsible work);
- for the quality of work performed (a bonus for having a qualification category; a bonus for exemplary performance of a state (municipal) task);
- for length of service, length of service (allowances for length of service, for length of continuous work);
- bonuses based on work results (based on work results for a month, quarter, year);
- persons engaged in heavy work, work with harmful and (or) dangerous and other special working conditions;
- for work in areas with special climatic conditions (regional coefficient, coefficients for work in desert and waterless areas, in high mountain areas, bonus for work experience in the Far North and equivalent areas);
- for work in conditions deviating from normal (additional payments for combining professions (positions), for expanding service areas, for increasing the volume of work, for performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, for performing work of various qualifications, for work at night);
- bonus for working with information constituting state secrets, their classification and declassification, as well as for working with codes;
- others provided for by labor legislation, other acts containing labor law norms, as well as collective agreements and agreements.

When establishing a condition for remuneration, one should not limit oneself to references to the provisions of local regulations containing rules governing the implementation of incentive and compensation payments. It is recommended to specify the conditions for compensation and incentive payments in relation to a given employee of the institution.

If any payments are set in an absolute amount (in rubles), it is recommended to indicate this amount, and if the amount of payments is set in percentages, points and other units of measurement - in these units, indicating the conditions upon achievement of which payments are made.

In conclusion, we note once again that when switching to an effective contract, employers of cultural institutions should, on the basis of federal and regional regulatory legal documents, both general and sectoral, develop criteria and performance indicators for employees and approve them in the prescribed manner. Then it is necessary to make appropriate changes to the wage regulations, as well as develop a standard form of an employment contract and additional agreement, taking into account an effective contract. As indicators and criteria of labor efficiency are developed for certain categories of workers, conclude employment contracts or additional agreements with them. Before concluding additional agreements, do not forget to notify employees in accordance with Art. 74 of the Labor Code of the Russian Federation for two months on changing the terms of the employment contract on remuneration (as well as other conditions). Moreover, if the employee refuses to work under the new conditions, the employer is obliged to offer in writing another job available to him. In the absence of the specified work or the employee refuses the proposed work, the employment contract is terminated in accordance with clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Introduction of an effective contract

By Order of the Government of the Russian Federation N 2190-r, a Program was approved that provides for the improvement of the remuneration system for employees of government institutions and calculated (hereinafter referred to as the Program). In accordance with the Program, effective contracts with employees began to be introduced in many areas, including education, healthcare, and culture. The basis for innovation in an organization is an order to switch to an effective contract, a sample of which will be given in this article.

The regulatory framework for the transition includes:

A program that contains, among other things, an approximate form of a contract;
Presidential Decree;
action plans developed in various fields of activity at the federal, regional and local levels;
Recommendations for registration of labor relations, approved. Ministry of Labor of Russia;
recommendations on the development of performance indicators in various areas;
assessment criteria and recommendations for their application, approved in the regions and locally.

The action plan is usually contained in the order to switch to an effective contract.

The mandatory form of this order has not been approved, however, according to generally accepted practice, the order usually contains:

Name of the institution and details of the order (date, number);
provision for the transformation of labor relations with employees in accordance with the requirements for an effective contract;
regulations on the approval of the commission, which is designed to develop performance indicators for employees of the institution, provisions on remuneration and new forms of employment contracts, including additional agreements amending existing employment contracts;
an indication of the need to notify employees about upcoming changes and the conclusion of additional agreements.

Depending on the stage at which the order is issued, it may approve the indicators developed by the commission, the incentive procedure and the form of an effective contract.

The transition order and other documents on this issue (provisions on the assessment of employee labor, new forms of employment contracts, local acts on remuneration, including incentive payments, etc.) are posted on the official website of the institution.

Additional agreements are concluded with employees who are in an employment relationship with the employer at the time of transition, taking into account the provisions contained in Article 74 of the Labor Code of the Russian Federation, since there is a change in the terms of the employment contract that cannot be preserved.

The employee must be notified no later than two months before the changes come into force. If the employee was not notified, but signed an additional agreement, it is considered that the employee, by his actions, expressed consent to the changes.

When introducing an effective contract in education, culture, healthcare and other social spheres, an additional agreement is concluded after the development of indicators and evaluation criteria by a specific institution.

The additional agreement specifies:

Reasons why the terms of the employment contract are changed (in this case, the Program indicated at the beginning);
the employee’s labor responsibilities (if they were not specified or specified in the employment contract);
employee performance indicators and criteria for its assessment;
the procedure for remuneration, including compensation and incentive payments;
provisions on social insurance and other support measures, etc.

It should be noted that if the terms of the additional agreement worsen the employee’s situation and contradict labor legislation and local regulations, the employee may refuse to sign it and complain against the employer.

Effective contracting in healthcare

In the Program for the gradual improvement of remuneration systems in state (municipal) institutions, which was approved by the Government of the Russian Federation in 2018, clear goals were set:

Maintain human resources;
increase the prestige of working in budgetary medical institutions;
Bring the remuneration of medical workers in line with the level of quality of the work they perform.

While there is much to be gained from the idea of an effective contract, the likelihood of risks must be taken into account when implementing one. Especially at the initial stage of work under the new remuneration system, when many questions arise regarding how much money and for what exactly health care facility employees will receive.

“It was supposed to organize the payroll system in such a way that both the complexity of the work and its quality were taken into account,” says Alina GALIULINA, project manager at SKB Kontur. - But for this it is necessary to resolve the issue of the wage structure. So far, all proposed systems for assessing the work of doctors have a number of shortcomings. The original idea was to introduce performance criteria for each position, such as a point system. Each indicator for each specialty is assessed in points. Then the employee’s points are summed up, multiplied by a certain constant, and the resulting amount is paid to the person. Everything seems to be logical, but this option is bad because every month you have to calculate the points (and there can be several hundred workers in health care facilities), submit this data to economists, and they have to calculate the amount of bonuses in a short time. This is simply unrealistic; to calculate points, you need a department or at least one employee who will only do this.”

Therefore, many health care institutions, in order to avoid the huge amount of work with counting points, introduced a system of coefficients and were faced with a deficit in the wage fund. This happened partly because the payroll was not designed for 100% implementation of the plan by all employees, and partly due to the general underfunding of the healthcare sector.

According to Irina TITOVA, head of the personnel department of the Krasnoufimskaya RB, there were many problems with payment in their medical institution. Despite the fact that, according to the roadmap, the basic and incentive parts of the payment should be 60 and 40%, respectively, in practice this is far from the case and the base part is much smaller. So it is not yet entirely clear how to achieve the level of wages provided for by the order approved by the President of the Russian Federation.

However, at the same time, Irina TITOVA notes the advantages of paying part of the salary in accordance with the labor assessment criteria: this stimulates workers to complete the assigned tasks one hundred percent.

“With the introduction of a new remuneration system, the efficiency of the staff has increased, their efficiency has increased,” says Elena SERMYAGINA, head of the personnel department of the Sverdlovsk Regional Clinical Hospital No. 1. - Of course, a large amount of work has been added for personnel officers and economists. And we need to continue to analyze the effectiveness of an effective contract, but so far we have not particularly noticed any disadvantages. And today a lot of systematic work is still expected, which justifies the essence of introducing effective contracts. Many more organizational measures need to be carried out, but in the end an effective contract will truly be effective in the full sense of the word. And then a person will know what and for what he works, the quality of his work and his attitude towards work will become better and better. I don’t see anything negative in introducing an effective contract. It’s just that people perceive everything new with caution, and there are always those who do not accept the new and like to live in the old way.”

In some health care facilities in the Sverdlovsk region, the transition to an effective contract occurred quite recently, but due to underfunding, it is unlikely that any positive changes can be expected.

“Yes, they renamed the employment contract, expanded it, and added responsibilities,” says the head of the personnel department of one of the regional hospitals. - But if there is no money, then this is just another government profanation. Perhaps, with the introduction of an effective contract, the situation at some health facilities has improved due to the reduction of key positions, but not all. But new responsibilities fall on HR officers like a snowball; reporting has increased fourfold.”

Regional departments do not give a clear answer on what to do if there are not enough funds to pay the incentive part of the salary. Therefore, personnel officers and economists from various medical institutions are trying to find a way out of this situation on their own.

The Karpinskaya Central City Hospital also faced a payroll deficit, and, as the head of the HR department Tatyana VASILISHINA says, she had to talk to employees, explain the situation, why the amounts received were less than expected, and also introduce new agreements to the payment agreement every month. All this, of course, adds paperwork to personnel officers.

In turn, the introduction of a directly effective contract did not cause economic troubles, but the subsequent cut in hospital funding also baffled hospital economists.

Alternatively, you need to initially make a small coefficient for incentive payments in order to meet the planned payroll. But how can you predict in advance how much an employee will fulfill the plan? Therefore, now most health care facilities conclude effective contracts either with vague wording or without specifying indicators at all. But then any audit will reveal that there is no point in concluding an effective contract. The best way is to calculate the correct coefficient by analyzing work under an effective contract for six months. This requires a lot of effort and time.

Completing an Effective Contract

This concept appeared in Russian labor law five years ago, so it cannot be called new. The term was introduced into use by Order of the Government of the Russian Federation No. 2190-r, which approved the Program for Improving the Remuneration System for State Employees.

In fact, this is a standard employment contract drawn up in accordance with Article 57 of the Labor Code of the Russian Federation, which spells out in more detail some conditions that relate to:

Responsibilities of the employee (labor function);
wage conditions and social support measures;
criteria for assessing labor efficiency;
the concept of incentive payments depending on the results of work activity.

The transition to a new remuneration system in an educational institution should ensure a decent level of salaries for teachers and other educators. Therefore, in the contract its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the performance indicators of the entire educational organization.

There is a whole list of regulatory documents that must be followed when developing and implementing an effective contract, for example:

Decree of the President of the Russian Federation No. 597;
state program “Development of Education”, approved by Order of the Government of the Russian Federation No. 792-r;
a program for the gradual improvement of the wage system in state (municipal) institutions, approved by Order of the Government of the Russian Federation No. 2190-r;
Order of the Ministry of Labor of Russia No. 167n;
letter of the Ministry of Education and Science of Russia No. AP-1073/02 (efficiency indicators in educational institutions).

In addition, legal regulations of subordinate state and municipal educational institutions, approved by local governments for specific cases and branches of education, are applied.

It is important to understand that any educational organization must bring its activities into line with new conditions, that is:

1. Eliminate incentive payments for indicators that are of an uncertain nature. Therefore, employment contracts should not contain vague wording such as “fair performance of duties.”
2. Do not consider incentive payments, which are actually a guaranteed part of the salary.
3. Divide the wage fund established in the organization into two parts: guaranteed (official salary) and stimulating (payment for outstanding performance).
4. Approve performance indicators for teachers.

To implement the last point, you need to apply the recommendations of the Ministry of Education from letter No. AP-1073/02. In particular, an effective contract with a teacher may include the following indicators:

Actions of teachers	Performance indicators
Implementation of extracurricular projects with students (excursions, distance learning projects, clubs and sections)	Number of organized events involving at least 5 students
Organization of systemic research, monitoring of individual student achievements	Maintaining and monitoring a portfolio of individual student achievements
Dynamics of individual educational results of students (based on test and certification results)	Positive dynamics; stable dynamics at an optimal level (above 60%); negative dynamics
Organization of joint events with parents of students	Number of events held together with parents
Participation of students in competitions, olympiads, competitions, etc.	Number of participants at the school, district, city, region, country level
Participation in collective pedagogical projects, scientific and methodological work	Speeches at teacher councils, seminars, conferences, number of publications, etc.
Participation in the development and implementation of the main educational program	Participation in the development of a section, subprogram, creation of an author’s course
Implementation of a health-promoting educational space	Number of physical education, health and sports events, lack of comments on compliance with SanPiN
Working with children from disadvantaged families	Students from disadvantaged families involved in the social life of the class, school, their participation in competitions, competitions, and olympiads
Creation of educational infrastructure elements	Classroom equipment aimed at improving the quality of education

The choice of specific items depends on the teacher’s qualifications, experience and area of activity. Therefore, let’s take a closer look at a sample of an effective contract with a school teacher.

When drawing up a regular employment contract, the employee’s responsibilities are approved by the job description, and the conditions for incentive payments are approved by the organization’s local regulations. The Ministry of Labor recommends that when drawing up an effective contract, you should not limit yourself to a reference to the order on compensation and incentive payments, but write them directly in the document along with the criteria for labor productivity. These criteria must be assessed in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will only receive a guaranteed official salary (rate), and all other incentive payments will be accrued only if his work meets the accepted in an educational institution, labor efficiency indicators.

The structure of the document will look like this:

1. Place of work. If the teacher works in a branch, representative office or other separate unit, you should write down both the address of the main institution and the name of the unit with its location.
2. Labor function (indicating qualifications, position and specialty).
3. Terms of remuneration.
4. Work and rest schedule.
5. Duration of annual paid leave.
6. Social support measures.
7. Other conditions determined by the specifics of the work of the educational organization.

The main challenge in developing such a document relates to the definition of measurable performance indicators. These indicators need to be carefully considered and, where possible, tested. It is necessary to indicate directly in the text of the document the job responsibilities (Article 21 of the Labor Code of the Russian Federation), as well as the system of work requirements arising from the requirements for the activities of the institution itself. All job responsibilities must also comply with the approved professional standard for the given profession.

Based on the content of the regulations governing the new wage system, the EC should provide, in addition to the teacher’s salary, other types of incentive payments and compensation.

Among other things, the EC must include measures of social support guaranteed to the teacher. As a rule, we are talking about compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides additional social protection, this should also be indicated. It is necessary to specify in the EC the duration of the working day, week, conditions for being hired to work on weekends, and guaranteed annual paid leave.

You can formalize the labor relations of education workers according to the new rules:

Immediately at the time of employment;
in the form of an additional agreement with those employees who are already in an employment relationship with the organization.

The transition to an effective contract with a teacher and the accompanying amendments to the employment contract are carried out in the manner prescribed by Article 74 of the Labor Code of the Russian Federation. This article allows for changes to the terms of the employment contract related to organizational issues by unilateral decision of the employer. However, it is imperative to notify each employee of this in writing at least two months before registration. If the teacher refuses to continue working under the new conditions, then the employment relationship with him can be terminated in accordance with clause 7 of Art. 77 Labor Code of the Russian Federation. In this case, a two-week severance pay must be paid (Article 178 of the Labor Code of the Russian Federation).

Notice of transition to an effective contract

In the Russian Federation, such a concept as an “effective contract” appeared. The reason for this was the adoption by the country’s authorities of an order that approved the algorithm for changing the remuneration system. The innovation concerns everyone who works in state and municipal institutions. Let's look at what a notice of transition to an effective contract should look like and everything connected with it.

Notice of changeover to an effective contract is the primary method by which an employer notifies its employees that a regular employment contract is being replaced. Therefore, it must be properly prepared and provided to employees.

The notification must describe in detail the essence of the changes, as well as indicate the date of their entry into force. According to current legislation, the notice must be given to employees who, after reading it, sign it. However, it must be provided in writing. Since oral notification of a replacement employment contract is prohibited by current legislation.

It is worth noting that absolutely all activities related to the introduction of an effective contract must take place in an open form. Each clause of the contract is discussed by the whole team.

As of today, a unified form of notification simply does not exist. For this reason, it is completely legal for companies to use free form.

It is also important that the composition of the notification itself is also not established by law. Despite this, there are requirements that need to be taken into account.

First and foremost, the notice must contain a detailed description of the new terms of the effective contract. There should also be a mark that explains the need to introduce these changes. A description of the reasons with reference to documents and laws is also an integral part of the notification. The text must contain information about the date the changes enter into force.

In addition, in order to comply with the notification procedure, the employer must also comply with the notification deadlines themselves. According to current legislation, a legal entity is required to notify employees of upcoming changes two months in advance, and if the employer is a religious organization, then no later than seven days in advance. Since effective contracts do not concern the latter, in our case, the law allocates two months before the changes are made for notification of changes in the terms of the employment contract.

Effective director contract

“Effective contract” is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing performance for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures . Specification of the terms of the employment contract, turning it into an effective contract, is contained in the Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract (hereinafter referred to as the Recommendations), approved by Order of the Ministry of Labor of Russia No. 167n.

Let's try to find out whether there are differences between an effective contract and a regular employment contract:

Article 57 of the Labor Code of the Russian Federation	Program
Employment contract	An effective contract is an employment contract that specifies:
Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee) - must be included; clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms - may be included	Job responsibilities	Labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee of the institution)
Conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) are necessarily included; compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace - must be included	Terms of remuneration; indicators and criteria for assessing performance effectiveness for assigning incentive payments; dependence of incentive payments on labor results and the quality of government (municipal) services provided	Conditions of remuneration (including the size of the tariff rate or salary (official salary) of an employee of the institution, additional payments, allowances and incentive payments); compensation for hard work and work with harmful and (or) dangerous working conditions, if an employee of the institution is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace; It is recommended to specify the conditions for making payments of a compensatory nature (name of the payment, amount of the payment, as well as factors determining the receipt of the payment) and incentive nature (name of the payment, conditions for receiving the payment, indicators and criteria for assessing performance efficiency, frequency, amount of the payment)
The condition on compulsory social insurance of the employee in accordance with the Labor Code and other federal laws is mandatory; on the types and conditions of additional employee insurance - may be included; on improving the social and living conditions of the employee and his family members - may be included	Social support measures	Condition for compulsory social insurance of an employee of an institution in accordance with the Labor Code of the Russian Federation and other federal laws; social support measures and other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer arising from the terms of the collective agreement and agreements

From the analysis of this table it is clear that the differences between a regular employment contract and an effective contract lie, essentially, in the wording. “New” in an effective contract is the inclusion in it of conditions for making incentive payments (name of payment, conditions for receiving payment, indicators and criteria for assessing performance, frequency, amount of payment).

Thus, an indicator of the transition to an effective contract will be the use in the text of the employment contract of the term “indicators and criteria for assessing performance efficiency” (in determining which you can use the letter of the Ministry of Education and Science of Russia No. AP-1073/02 “On the development of performance indicators”).

Therefore, the introduction of an effective contract is nothing more than a change in the conditions determined by the parties to the employment contract, and must be carried out in strict accordance with the labor legislation of the Russian Federation.

This means that changes to existing employment contracts of employees in the vast majority of cases can only be made by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). And the more detailed the indicators and criteria for assessing the effectiveness of activities, the frequency, and the amount of incentive payments are spelled out in the new employment contract (in additions or amendments to the employment contract), the more often there will be a need to make appropriate changes to employment contracts (for example, with the introduction of the Federal State Educational Standard, it is quite logical establishing incentive payments for this process, but when the Federal State Educational Standard is implemented, such incentive payments become simply meaningless).

In cases where an employee objects to such changes in the employment contract, the director will find himself in a very unpleasant situation, since without the consent of the employee, the director has the right to make changes to employment contracts only for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code). Code of the Russian Federation).

Such changes may be changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production (clause 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

And changes in indicators and criteria for assessing the performance of employees cannot in any way be attributed to changes in organizational or technological working conditions, despite the fact that changes in organizational or technological working conditions may entail changes in wage conditions. Therefore, the detailing of all these indicators should be reasonable, and it makes sense to include in the employment contract only those compensation and incentive payments that will be regular and stable (for example, incentive payments for qualification categories). It is important not to forget to indicate the frequency and conditions for receiving such payments, otherwise you will have to pay them monthly, regardless of performance results. Regarding those compensation and incentive payments that will be irregular, varying in amount, it is best to include in the employment contract (addition or amendment of the employment contract) a phrase like: “... as well as other compensation and incentive payments, the order, amount and frequency of which are established by the Regulations on wages."

This approach to describing the remuneration system in an employment contract is quite correct, since labor relations are regulated by the principle of a combination of state (centralized) and contractual (local) regulation (Article 2 of the Labor Code of the Russian Federation).

At the same time, it is necessary to remember that failure to include in the employment contract any of the rights and (or) obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer, arising from the terms of the collective agreement, agreements cannot be considered as a refusal to exercise these rights or fulfill these obligations (Part 5 of Article 57 of the Labor Code of the Russian Federation). This means that even in the case when no changes and additions are made to the employment contracts of specific employees, but they are provided for by federal and (or) regional legislative acts, as well as regulations of local governments, local regulations of an educational organization, employees have in full the provided rights (including the right to receive compensation and incentive payments) and fully fulfill the provided duties.

From the above, it becomes clear that an effective contract is not as terrible as it is presented, and there is simply no point in fighting its implementation. Its implementation must be approached calmly and thoughtfully!

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

However, in order to be among the leaders successfully implementing the Program for the gradual improvement of the remuneration system in state (municipal) institutions, you should not delay its implementation!

And now a short excursion into the recent history of remuneration for employees of educational institutions in Russia.

For the first time, the need to “implement effective measures to improve the financial situation and strengthen the stimulating role of wages for healthcare workers, the social protection system, education, culture, science and other institutions, organizations and enterprises that receive budgetary funding; to streamline the ratios in wage levels depending on the complexity of labor and the qualifications of workers, to create a mechanism for maintaining these ratios” at the legislative level was enshrined in the Decree of the Government of the Russian Federation No. 785 “On differentiation in wage levels for public sector workers on the basis of a single tariff schedule.” This situation in terms of modern information and communication technologies can be called the “System of remuneration of educational workers.”

Next time, the problem of “differentiation of wage levels depending on the qualifications and complexity of the work performed, the procedure for determining and the amount of compensation payments, as well as the procedure for determining incentive payments and the criteria for their establishment” was considered in the Decree of the Government of the Russian Federation No. 583 “On the introduction of new remuneration systems for employees of federal budgetary and government institutions and federal state bodies, as well as civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, the remuneration of which is currently carried out on the basis of a single tariff scale for remuneration of employees of federal government institutions.” This is clearly the “System of remuneration for educators”.

And, finally, “ensuring that the remuneration of workers corresponds to the quality of their provision of state (municipal) services (performance of work)”, provided for by the Program for the gradual improvement of the remuneration system in state (municipal) institutions, approved by Decree of the Government of the Russian Federation No. 2190-r, can qualify for “System of remuneration for education workers.”

Most likely, this is not the last version of the “System of Remuneration for Education Workers,” which will have to be implemented in order to preserve personnel potential, increase the prestige and attractiveness of work in educational institutions. Although it seems obvious that no effective, no other contract, no wage system will allow you to increase the average wage without increasing the wage fund and/or reducing the number of employees of your educational institution.

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In 2012, the Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-approved the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018 (hereinafter referred to as the Program). This Program provides for the introduction of an effective contract designed to improve the remuneration system in state and municipal institutions.

According to section IV of the Program efficient contract- this is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures.

Note: an effective contract is nothing more than a regular employment contract, and adding the adjective “effective” to it does not change the essence of the labor relationship that has developed between the parties to the employment contract. The program only offers to collect in the text of the employment contract everything that is set out in a number of laws, the All-Russian Classifier, professional standards, and local regulations. However, an analysis of the content of the approximate form of the employment contract established by Appendix No. 3 of the order of the Government of the Russian Federation of November 26, 2012 N 2190-r, indicates that the content of the employment contract, which should be “effective”, does not solve the problem, and can't solve it. In particular, the rights and obligations of the parties to an employment contract, according to the approximate form, are of a formal and reference nature, representing an abbreviated version of Articles 21 and 22 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). And the provisions of paragraph 1 of the sample form do not introduce anything new into the existing procedure for including conditions in the content of an employment contract in accordance with Article 57 of the Labor Code of the Russian Federation. And the effect of the result of labor itself depends not on the content of the “effective contract”, but on the employee’s attitude towards his work.

By Order No. 167n dated April 26, 2013, the Russian Ministry of Labor approved Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract.

Methodological recommendations for the development by public authorities of the constituent entities of the Russian Federation and local governments of performance indicators of subordinate state (municipal) institutions, their managers and employees by type of institution and main categories of employees (approved by Order of the Ministry of Health of Russia dated June 28, 2013 No. 421) contain detailed performance indicators.

In contrast, Methodological Recommendations of the Ministry of Education and Science of Russia on the development by government bodies of the constituent entities of the Russian Federation and local governments of performance indicators for state (municipal) institutions in the field of education, their managers and certain categories of employees (Appendix to the Letter of the Ministry of Education and Science of Russia dated June 20, 2013 N AP -1073/02) does not contain any recommended example indicators. They describe only approximate directions for developing performance indicators for managers and teaching staff of organizations implementing programs of preschool, general, primary vocational and secondary vocational education.

Federal recommendations do not contain any advice on developing performance indicators for administrative and support personnel (accountants, cleaners, workers, drivers, etc.), although the Program for Improving the Remuneration System provides for the conclusion of employment contracts on the principle of an effective contract with all employees of institutions.

At its core, an employment contract, concluded on the principle of an effective contract, is intended to partially or completely replace several local regulations:

job description;

wage regulations;

bonus regulations;

collective agreement (if any).

On the one hand, this makes it possible to discipline each employee, on the other, it significantly increases the scope of the employment contract with the employee, and on the third, specifying the terms of remuneration in the employment contract is a mandatory condition of any employment contract on the basis of Part 2 of Art. 57 Labor Code of the Russian Federation.

Note: according to Part 3 of Art. 135 of the Labor Code of the Russian Federation, the Russian tripartite commission for the regulation of social and labor relations annually, before the draft federal law on the federal budget for the next year is submitted to the State Duma of the Federal Assembly of the Russian Federation, develops unified recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of organizations financed from corresponding budgets. Recommendations are taken into account by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments when determining the volume of funding for healthcare, education, science, culture and other public sector institutions. Therefore, the need to include provisions of a collective agreement or local regulation in the content of an employment contract as an indicator of the effectiveness of the concluded employment contract seems doubtful.

If an employment contract with an employee was concluded before the implementation of the principle of an effective contract, this principle is implemented by concluding an additional agreement to the employment contract, which includes the following provisions:

employee's job responsibilities;

terms of remuneration:

the size of the tariff rate or salary (official salary) of an employee of the institution;

allowances and additional payments:
- payments for intensity and high performance results:
  - bonus for work intensity
    
    bonus for high performance results;
    
    bonus for performing particularly important and responsible work;

Once all the conditions are included in the employment contract and it is signed by the parties, they become binding on both parties and can only be changed by mutual agreement of the parties, with the exception of cases provided for in Article 72 of the Labor Code of the Russian Federation.

Order of the Ministry of Labor of Russia dated April 26, 2013 N 167n approved the Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract (hereinafter referred to as the Recommendations).

In relation to each employee, his work function, indicators and criteria for assessing the effectiveness of his work must be clarified and specified, the amount of remuneration must be established, as well as the amount of incentives for achieving collective labor results. The conditions for receiving remuneration must be clear to the employer and employee and not subject to double interpretation.

According to paragraph 5 of the Recommendations, with an employee of an institution who is in an employment relationship with the employer, it is recommended to draw up an additional agreement to change the terms of the employment contract determined by the parties. The employer is obliged to notify the employee in writing no later than two months in advance of the upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, unless otherwise provided by the Labor Code of the Russian Federation.

Based on Article 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, 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.

According to Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to be changed according to initiative of the employer, with the exception of changes in the employee’s labor function.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to him (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid work), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In the absence of the specified work or the employee refuses the offered work, the employment contract is terminated in accordance with clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Due to the fact that the introduction of an effective contract system in a budgetary institution is necessary for the implementation of clause 17 of Appendix No. 2 to the Program, such an additional agreement is recognized as a change in the organizational working conditions determined by the parties to the employment contract, which cannot be preserved. Therefore, if an employee refuses to conclude an effective contract, he must be offered another job available in the institution (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In the absence of the specified work or the employee refuses the offered work, the employment contract with him is subject to termination in accordance with clause 7 of part 1 of Art. 77 Labor Code of the Russian Federation.

ATTENTION!

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An effective employment contract is understood as a contract with an employee, which details the employee’s responsibilities and is aimed at achieving high levels of labor productivity.

What is the difference between an effective contract and an employment contract? Such a contract is not something fundamentally new; rather, it is a deep rethinking of the labor relationship between employee and employer and the entire work process. Therefore, the implementation of an effective TD (employment contract) takes place in the already existing legal space of the Russian Federation. The contract is concluded based on the current Labor Code.

Unfortunately, state-owned enterprises in Russia are not particularly efficient. From this there arose a need for a large-scale modernization of the entire budget system in the Russian Federation. It is for this purpose that the concept of an effective contract was developed - to increase labor productivity in the public sector of the economy.

In 2012, a program was launched to improve key indicators in government agencies. These include: educational institutions (schools, kindergartens), medical institutions (hospitals, sanatoriums), and the bureaucratic apparatus. The program is designed for six years, it should be fully implemented in 2018. The legal basis for the project is Order of the Ministry of Labor N167 and Presidential Decree N597.

Types of effective employment contract:

Along with increasing efficiency, it is also planned to significantly increase the salaries of employees of budgetary institutions. Employers of budgetary institutions must conclude an effective contract with all their employees by 2018. The project will cover 100% of the personnel. Although effective TD has become mandatory only for the state. sector, the private sector can also use this concept. Therefore, an overview of the main elements of effective TD will be useful to all employers.

Structure and functions

An effective employment contract is based on existing labor laws and uses the opportunities therein to create a detailed agreement between employee and employer. The main document when drawing up a contract is. Let's look at the sections of an effective contract below.

Labor function

One of the most important sections in any contract is the employee’s labor function. In other words, the definition of job responsibilities is a mandatory clause of the contract.

When switching to an effective contract, the labor function remains unchanged. If the employee was a teacher, he continues to be a teacher and perform a completely identical function. Let's look at each component of an effective contract in more detail, because this information will show the features and differences from an ordinary employment contract.

Salary

In order to increase labor productivity, the Ministry of Labor has developed detailed recommendations regarding the remuneration system. The central concept has become measurable performance indicators. Having achieved them, the employee should be financially rewarded. According to the plan, this will allow solving two problems at once - increasing the level of wages in the public sector and improving productivity.

For each individual institution it is necessary to develop its own key indicators. One system is suitable for a medical institution, and another for an educational institution. If an employer from the private sector decides to adopt the development of the Ministry of Labor, then he will also have to create his own indicators.

The next step after determining the indicators is to create a system of relationships between the reward and indicators. That is, it will be necessary to determine the size of the reward for achieving the established result. In this matter, one should adhere to the golden mean.

Sample of an effective employment contract:

Paying inflated remunerations will seriously put pressure on the company's budget. In addition, an incentive payment that is too high will not be optimal psychologically.

In this case, employees will be strongly focused only on receiving additional payment, while forgetting other important components of the work process (for example, cooperation and communication). Too small a reward is perceived as an insignificant incentive; the employee will not actively strive to achieve the set goals.

To design a payment you will need to indicate:

Name of incentive payment;
Condition for receiving - the simplest case would be “achieving 100% of key indicator A”;
Key indicators (which lead to rewards);
Frequency of remuneration - payment can be one-time or regular. If there is a link, for example, to a monthly plan, then
remuneration is paid every month. One-time payments have much less effect in terms of creating a long-term incentive;
Payment amount.

If the employee refuses to change the terms of the contract, then a rather difficult situation arises. The employer has the right to change the employment contract if there are technological or organizational reasons for this (). The transfer to an effective contract does not imply such grounds.

An example of notifying an employee about the transition to an effective employment contract:

Therefore, the best solution is to convince the employee that an effective contract will be beneficial to him - the level of remuneration will increase and working conditions will improve. The most obvious way to do this is to use numbers and show calculations of his possible salary.

An effective contract can be drawn up separately or as an additional agreement to an existing TD. For new employees, of course, the contract is drawn up separately, as a completely new document. But for employees already employed at the enterprise, it is possible to issue an effective TD in the form of an application.

All wording remains identical to a regular employment contract. The differences, as mentioned above, are in the “Payment” section. Approximate wording of add. The agreement to the employment contract on the transition to an effective contract must contain the following information:

For the performance of official duties provided for in this agreement, the employee is paid a salary in the following amount:

Official salary in the amount of 20,000 rubles per month;
Incentive payments; — at this point, insert a table with a list of rewards (indicate the name, size, frequency, conditions).
Compensations - a similar table, but there is a description of compensation payments.

Conclusion

Increasing labor productivity is a constant challenge facing the enterprise. In 2012, in order to modernize the state. sector, an effective labor contract program was launched. An innovation was the new wage system. It is based on the achievement of key indicators and rewards for this.

Key indicators must be measurable and objective. They are paid in the form of additional salary bonuses; with the help of this scheme, labor efficiency increases. The government program is mandatory for the public sector, but private sector enterprises can also use the government-developed concept.