Effective labor contract with employees: sample. Transition to an effective contract in education

By Order of the Government of the Russian Federation dated November 26, 2012 N 2190-r, a Program was approved that provides for the improvement of the remuneration system for employees of government institutions and is designed for the period from 2012 to 2018 (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.

Action plan for the transition to an effective contract

The regulatory framework for the transition includes:

• A program that contains, among other things, an approximate form of a contract;
• Presidential Decree of May 7, 2012;
• action plans developed in various fields of activity at the federal, regional and local levels;
• Recommendations for registration of labor relations, approved. April 26, 2013 by the Russian Ministry of Labor;
• 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.

Sample order to switch to an effective contract

Introduction of an effective contract: additional agreement

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:

• the 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.

Sample additional agreement to an employment contract in connection with the transition to an effective contract

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

The concept of “effective contract” first appeared in the Budget Address of the President of the Russian Federation to the Federal Assembly dated June 28, 2012 “On Budget Policy in 2013-2015”, where ensuring the transition to “ effective contract." He must clearly define the terms of remuneration and the “social package” of the employee, depending on the quality and quantity of work he performs. Note that the phrase “effective contract” was placed in quotation marks, which means that this term is a certain convention.

The Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012-2018 (hereinafter referred to as the Program), approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-2, provided for the transition of state and municipal institutions to a system of effective contracts. In accordance with Section IV of the Program, an effective contract is an employment contract with an employee, which specifies his job responsibilities, terms of remuneration, indicators and criteria for assessing performance for the assignment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures. 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 Labor Code of the Russian Federation provides for the conclusion of only employment contracts (Articles 56, 57, 68, etc.). Appendix No. 3 to the Program provides an approximate form of an employment contract with an employee of a state (municipal) institution. Thus, concluding an effective contract with an employee would be contrary to labor laws. The concept of “effective contract” does not replace the concept of “employment contract” and does not even mean a new type of employment contract. Rather, it is a modern way of stimulating workers, involving a transition to new wage conditions.

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

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

What to follow

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

Example of a contract

The following is a complete example of an effective contract in 2019. Since it is approximate, of course, the leadership of a state or municipal institution can supplement or shorten it. However, we advise you to do this very carefully or not to go far from this form.

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

___________________________ “__” ___________ 20__

(city, locality)

(name of the institution in accordance with the charter)

represented by ___________________________________________________________________,

(position, full name)

acting on the basis ________________________________________________

(charter, power of attorney)

Hereinafter referred to as

the employer, on the one hand, and ________________________________________,

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

have entered into this employment contract as follows:

I. General provisions

1. Under this employment contract, the employer provides

employee work on ______________________________________________________________

(name of position, profession or

__________________________________________________________________________,

specialties indicating qualifications)

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

terms of this employment contract:

___________________________________________________________________________

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

employment contract)

2. An employee is hired:

__________________________________________________________________________.

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

structural unit of the employer, if the employee is hired for

work in a specific branch, representative office or other separate

structural unit of the employer indicating its location)

3. The employee works in a structural unit

employer ______________________________________________________________.

(name of non-separate department, department, site,

laboratories, workshops, etc.)

4. Working for an employer is for an employee: ______________________

(main, part-time)

5. This employment contract is concluded on: _________________________

__________________________________________________________________________.

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

time of completion of certain work, indicating the reason (reason)

concluding a fixed-term employment contract in accordance with Article 59

Labor Code of the Russian Federation)

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

7. Start date “__” ____________ 20__

8. The employee is given a probationary period of ________

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

II. Rights and responsibilities of an employee

9. The employee has the right to:

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

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

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

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

10. The employee is obliged:

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

b) comply with the internal labor regulations in force at the employer, labor protection and occupational safety requirements;

c) observe labor discipline;

d) take care of the employer’s property, including the property of third parties located at the employer, if the employer is responsible for the safety of this property, and other employees;

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

III. Rights and obligations of the employer

11. The employer has the right:

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

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

c) bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

d) reward the employee for conscientious, effective work;

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

12. The employer is obliged:

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

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

c) provide the employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

d) pay the full amount of wages due to the employee on time;

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

f) familiarize the employee, against signature, with the adopted local regulations directly related to his work activity;

g) fulfill other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and this employment contract.

IV. Salary

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

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

b) the employee receives compensation payments:

c) the employee receives incentive payments:

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

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

V. Working time and rest time

16. The following working hours are established for the employee (standard hours of teaching work per salary) _____________________

__________________________________________________________________________.

(normal, shortened, part-time)

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

18. The following features of the work mode are established for the employee (specify) ________________________________________________________________.

19. The employee is granted annual basic paid leave of ____________ calendar days.

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

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

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

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

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

23. The employee has the right to additional insurance under the conditions and in the manner established by _____________________________________________

__________________________________________________________________________.

(type of insurance, name of local regulation)

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

__________________________________________________________________________.

VII. Other terms of the employment contract

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

The employee must be familiarized with the list of information that constitutes a secret protected by law upon signature.

26. Other terms of the employment contract ___________________________________.

VIII. Responsibility of the parties to the employment contract

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

28. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, disciplinary sanctions may be applied to the employee as provided for by the Labor Code of the Russian Federation.

IX. Change and termination of an employment contract

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

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

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

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

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

X. Final provisions

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

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

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

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

EMPLOYER EMPLOYER

______________________________________ ___________________________________

(name of organization) (full name)

Address (location) Residence address

Passport (other identification document)

TIN series No.

issued by

date of issue "___" ______

_____________ ___________ ____________ ___________________________________

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

The employee received one copy of this

employment contract

__________________________________________

(date and signature of the employee)

An employment contract and an effective contract are very similar concepts. Both of them regulate working conditions and the specifics of receiving payment for work. In addition, these concepts include social guarantees for employees and require the establishment of other significant circumstances.

Professional agreement and effective contract are provided for by existing labor standards. Therefore, employers have the right to determine any form of relationship with staff that is convenient for them. At the same time, an effective agreement has many significant features. And for a better understanding of the issue, these characteristic features should be analyzed more thoroughly.

What is work under an employment contract in the effective contract format?

This format involves a detailed establishment of several important circumstances for the employee. At the same time, the basis for the existence of legal relations between the employer and employees is the employment contract. This is the main document that formalizes the agreement between the parties.

Among the features of this type of relationship, the main ones should be indicated:

• The reasons for awarding bonuses to employees should be specified in great detail. It is necessary not only to provide for their possibility, but to regulate them in detail. Employees must clearly know what results they must achieve in order to receive bonuses;
• It is also necessary to establish in detail and establish in the agreement the harmful factors of work activity. Along with these factors, it is also necessary to describe questions about processing and its compensation. Anything that goes beyond the person’s normal activities must be specified in detail in the agreement;
• the presence of social guarantees is assumed by the Labor Code of the Russian Federation. But the law does not contain detailed rules that would establish social guarantees for all categories of workers. Therefore, an effective contract implies an indication of social guarantees for a particular position.

Thus, this form of relationship is a specification of the usual work agreement between an employee and an employer.

The difference between an employment contract and an effective contract

An effective contract is an employment contract with an employee that specifies all the main aspects of payment for work performed and the receipt of social guarantees.

Thus, these concepts in no way contradict each other. The fact is that the agreement is a general form of settlement of legal relations between the parties. And the specified contract makes it more detailed.

Therefore, they are concluded with employees in whose activities specific results or performance indicators are important. For example, they are often concluded with teaching staff, personnel of factories and similar production enterprises. This allows you to conveniently and quite simply evaluate the results of everyone’s activities.

Based on these results, the employer decides on the issue of bonuses for staff. In addition, employees are able to know exactly what their guarantees are.

Additional agreement to the employment contract on the transition to an effective contract - why is it concluded?

An additional agreement to the employment contract when switching to an effective contract is concluded in any case. This is necessary because it is not practical to draw up a new main agreement.

Accordingly, changes should be confirmed by an additional agreement. The specified administrative act allows you to formalize new conditions for crediting funds and rewarding personnel in the most convenient way.

The additional document sets out new bonus rules, lists and describes in detail guarantees for employees and reflects other important circumstances.

Sample form of an employment contract for an effective contract - sample

The HR service together with the accounting department is entrusted with concluding and developing regulations on personnel remuneration, and carrying out the transition to new operating rules.

For example, compensatory credits are not simply announced. They are described in detail. Their name, reasons for enrollment and possible sizes are established. In addition, it is necessary to sign what determines the purpose of a particular amount of compensation transfers.

In addition to these conditions, the procedure for granting paid or unpaid leave should be described. It is necessary to describe the circumstances on which the duration of leave and the timing of its provision depend.

This form is a standard form. This is an official sample document and can be used by all organizations of any organizational and legal form.

From this article you will learn:

The transition of state and municipal institutions to this is carried out within the framework of the implementation of the State Program for improving wages in them. It was approved by Government Order No. 2190-r dated November 26, 2012 (hereinafter referred to as the Program). Its implementation is planned for the period until 2018. This innovation has raised a number of questions both from managers and employees of personnel services, and from employees of such institutions. Let's consider what an effective contract is, examples of this document for institutions in different fields of activity, and how the transition to an effective contract should occur.

What is an effective contract

In addition to the Program, the regulatory framework for the transition to a new system of labor relations in the public sector is:

• Presidential Decree “On measures to implement social policy” No. 597 dated 05/07/2012;
• Order of the Ministry of Labor No. 167-n dated April 26, 2013, introducing recommendations for concluding effective contracts with employees of budgetary institutions;
• Industry roadmaps for the transition to an effective contract.

The basis for the gradual transition to a new wage system in the public sector was the decision to make the level of income of teachers, doctors, cultural and social workers directly dependent on the quality of the services they provide. The plan for the transition to an effective contract aims to bring wages first to the level of the regional average, and then to double them.

Among other goals pursued by changes in a number of sectors of the public sector are:

• increasing the prestige of professions, undermined by low salaries;
• increasing the general level of qualifications of employees of budgetary institutions;
• improving the quality of state and municipal social services;
• transparency in the formation of remuneration for both ordinary employees and managers.

As explained in the Program, an effective contract is a type of employment contract. The name should not be misleading, we are not talking about the civil service, employees of budgetary institutions remain in the same status, the nature of payment for their work by the employer, the state, simply changes somewhat. fully complies with the provisions of Art. 57 Labor Code of the Russian Federation. It must indicate all the required conditions:

• place of work (in our case, a specific institution);
• labor function;
• the amount of wages and various allowances;
• mode of operation and its nature;
• description of working conditions, etc.

OUR HELP

The provisions of the Program and other regulations do not imply changes to the text of the Labor Code, but contain a requirement to specify the terms of the employment contract that relate to job responsibilities and the remuneration system. To bring personnel documentation to uniformity, the Ministry of Labor recommends using a sample additional agreement to an effective contract, given as an appendix to Order No. 167-n. That is, we are not talking about a new type of employment contract, but only about clarifying certain points in relation to its terms.

The difference between an effective contract and an employment contract

Transition to an effective contract

The action plan for the transition to an effective contract must necessarily begin with the development and criteria for its evaluation. This is done by a special commission appointed by order to introduce an effective contract. Without fulfilling this point, all further activities simply lose meaning.

The second stage should be the introduction of changes to the local acts of the organization. This is logical, because the remuneration system is changing, which will require a revision of the terms of the relevant regulations and the collective agreement. All changes made are approved by orders (with the exception of the collective agreement).

And only after this can you proceed to concluding additional agreements with employees. We are talking about those employees who already work in the institution. Such contracts will be concluded with new employees from the very beginning.

OUR HELP

The order of the Ministry of Labor states the need to comply with the procedure provided for in Art. 74 Labor Code of the Russian Federation. This article provides for the possibility of changing a number of terms of the employment contract unilaterally, at the request of the employer. But only in the case when, for objective reasons, the previous conditions cannot be maintained.

The step-by-step procedure for the head of the institution will be as follows:

1. Familiarization with regulatory documents and basic performance indicators developed by the founder (state or municipality). Familiarity with the mechanisms outlined in the assignment for evaluating performance.
2. Issuing an order to switch to an effective contract. It names the reasons that caused the necessity and inevitability of such a step. In our case, the Program and other regulations can be cited as justification. At the same time, the same order appoints a working group that will develop regulations on an effective contract and performance criteria for a specific institution, using recommendations from the Ministry of Labor and industry departments. Employees of all departments are familiarized with the order. A sample order for the transition to an effective contract must contain the date when this will happen.
3. Conducting explanatory work among the team and analyzing existing employment contracts.
4. Development and adoption of new local acts reflecting changes in the wage system. When adopting them, it is necessary to obtain and take into account the opinion of the trade union organization. Changes are also being made to employee job descriptions. At the same time, draft contracts and additional agreements are being developed.
5. Upon notification of the introduction of an effective contract, the employer is obliged to set out in writing the reasons for the changes in the employment contract. According to legal scholars, the need to change the payment system fully falls under the criterion of changes of an organizational nature, which gives the employer the right to change the terms of the employment contract at his own will. A sample notice of transition to an effective contract can be found on our website.
6. Conclusion of additional agreements. Since we are talking about changes to the terms of existing employment contracts, only this procedure is permissible. Termination or termination of the contract means dismissal for the employee. The employer has the right to do this on his own initiative only in strictly defined cases (Article 81 of the Labor Code of the Russian Federation). The transition to an effective contract system is not one of them.
7. Resolving the situation with those employees who do not want to work in the new conditions.

Let's look at the last point in more detail. Art. 72 of the Labor Code of the Russian Federation obliges the employer to obtain consent from the employee for any changes to the employment contract. And the cases provided for in Art. 74 of the Labor Code of the Russian Federation will not be an exception. The employee has the right to independently decide whether the conditions offered by the employer are suitable for him. And agree with the change in the employment contract or refuse.

If an employee refuses to sign an effective contract, the employer must offer him a transfer to another position to which the contract does not apply. However, given the general obligatory nature of such a remuneration system, it is easy to assume that such vacancies simply will not exist. The employer is not required to create them specifically.

In such a situation, after the end of the warning period (or earlier, but only by mutual agreement), the employment contract with the stubborn employee is terminated, fortunately in Art. 77 of the Labor Code of the Russian Federation provides an appropriate basis for this. The general procedure for dismissal in this case is:

• an order is issued to terminate the employment contract (form T-8), in which clause 7 of Art. 77 Labor Code of the Russian Federation;
• the employee reads the order and confirms this fact with a signature;
• a record of the corresponding content is made in the personal card (form T-2) and work book;
• the dismissal record is certified by the seal and signatures of the head of the personnel department and the employee himself;
• a work book, a calculation with all accrued compensation and the necessary documents are issued.

The Ministry of Labor recommends that when drawing up additional agreements when switching to an effective contract, adhere to the requirements of Art. 57 Labor Code of the Russian Federation. At the same time, the definition given in the program requires that the employment contract be supplemented by specifying conditions such as job responsibilities, payment and performance criteria. They must be stated in an additional agreement.

Regardless of what area the institution belongs to, the additional agreement must necessarily reflect those points that were not previously included in the employment contract. In particular, it is recommended that job responsibilities be reflected directly in the text of the agreement. If an employee combines positions, then it is additionally indicated what kind of work and to what extent he is assigned.

As for industry specifics, they are reflected in the criteria that should be followed when assessing efficiency. Let's consider what recommendations are given to institutions in the fields of education, healthcare, culture and social services.

Remuneration under an effective contract

The remuneration system, when implementing an effective contract, fully complies with the requirements of labor legislation. This means that it includes a basic part (salary), compensation payments and an incentive part. It is the size of the latter that will be influenced by the achievement of the indicators specified in the contract.

1. ​For high results and intensity of work. They may also include bonuses for performing work that is of particular importance or requires increased responsibility.
2. For the quality of work. In addition to a bonus for excellent performance of a government task, it may include bonuses for upgrading the category.
3. For continuous professional experience and length of service.
4. Bonuses based on work results for a certain period (month, semester, half-year, etc.).
5. Compensation for work in special conditions and regional coefficient, etc.

In the most effective contract or in an additional agreement to an existing employment contract, all payments are specified in relation to a specific employee. In the future, the criteria and amount of payments will be reviewed when extending or revising the terms of an effective contract.

When transferring employees to an effective contract, the manager must remember that changing working conditions should not reduce the level of guarantees provided for by labor legislation. This concerns not only the size of the salaries of employees of institutions, but also the procedure for transition to the new payment system. Any violations may cause a labor dispute.