Effective contract with teaching staff (sample 2017)

Go to new uniform labor relations with teaching staff are provided for by the state program “Development of Education”.

In accordance with the Program, the final stage of work on the transition to an effective contract with teaching staff is currently underway. The 2017 sample will be presented in this article.

Effective teacher contract

The introduction of this agreement has the following objectives:

• students receiving quality education;
• decent level wages teaching staff;
• eliminating the need for teaching staff to work part-time in addition to their main job;
• increasing the prestige and attractiveness of work in the field of education, etc.

In reality, teachers may face problems:

• unjustified reduction of wages citing failure to fulfill any duties;
• The work of a teacher is regulated in detail, which entails the need to prepare reports for each type of activity. As a result, the teacher ceases to perceive his work as creativity;
• the main amount of work (study hours, checking notebooks) can be included in the base part of the salary, while in order to receive additional payments you will need to engage in other types of activities, etc.

01/01/2017 comes into force professional standard, according to which the suitability of the teaching staff will be determined qualification requirements.

This professional standard, approved by the Ministry of Labor of the Russian Federation on October 18, 2013:

• contains a list of skills and abilities that a teacher should have;
• describes the labor functions of a teacher;
• provides the basis for teacher certification;
• should be taken into account when hiring teachers, drawing up job descriptions and developing regulations on remuneration, etc.

Therefore, an effective contract with a teacher in 2017 must comply with the provisions of the professional standard.

Sample of an effective contract with a teacher

An effective contract with a primary school teacher

When concluding such an employment contract, it is necessary to take into account the requirements for pedagogical activity on the implementation of primary general education provided by the professional standard.

In particular, according to the professional standard, a teacher primary classes should form the educational process taking into account the developmental characteristics of young children school age, including the differences inherent in boys and girls, be able to recognize a child’s personal problems based on the form of his address to the teacher, create individual programs training, etc.

An effective contract with a coach-teacher at a youth sports school

In the field of sports, even before the introduction of the Government Order dated November 26, 2012, of the Program for improving the remuneration system, which provided for the introduction of an effective contract, the Russian Ministry of Sports, by order dated October 24, 2012, approved recommendations containing criteria for assessing the effectiveness of activities sports organizations and proposed to develop such criteria for trainers.

When concluding an effective contract with a coach, you should also be guided by a special norm - Article 348.2 of the Labor Code of the Russian Federation, which provides special conditions, characteristic of employment contracts with coaches and athletes.

An effective contract with the head of an educational institution

This agreement is given special attention, since the objectives of the Program dated November 26, 2012 are transparency of remuneration and increasing the responsibility of heads of institutions.

According to Art. 275 of the Labor Code of the Russian Federation as amended. from 12/29/2012 employment contract with the head of the institution is concluded using standard form, approved by the Government Russia.

This concept appeared in Russian labor law five years ago, so it can’t be called new. The term was introduced into use by Order of the Government of the Russian Federation dated November 26, 2012 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:

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

Go to new system wages in educational institution must 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. The transition to an effective contract in education should be gradual, and the last stage ends in 2020. This means that by the end next year All teachers should receive incentive payments based on their performance.

First steps towards efficiency and regulatory framework

There is a whole list regulatory documents, which must be used to guide the development and implementation of an effective contract, for example:

• Decree of the President of the Russian Federation dated 05/07/2012 No. 597;
• Government program“Development of Education” for 2013-2020, approved by Order of the Government of the Russian Federation dated May 15, 2013 No. 792-r;
• a 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;
• Order of the Ministry of Labor of Russia No. 167n dated April 26, 2013;
• letter of the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02 (efficiency indicators in educational institutions).

In addition, legal acts of subordinate state and municipal educational institutions approved by the authorities are applied local government for specific cases and branches of education. It is important to understand that any educational organization must bring its activities into line with the new conditions, that is:

1. Eliminate incentive payments for indicators that are uncertain. 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 incentive (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:

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.

Structure and functions of an effective contract

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 local normative act organizations. 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 educational organization.

Labor function

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. It might look something like this:

Salary

Working hours and social support

Among other things, the EC must include measures of social support guaranteed to the teacher. Usually, we're talking about on compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides additional social protection, this should also be specified. 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.

Drawing up an effective contract or additional agreement

Design labor Relations According to the new rules, education workers can:

• 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 in 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 of the Labor Code of the Russian Federation. In this case, two weeks must be paid severance pay(Article 178 of the Labor Code of the Russian Federation).

An effective contract with teaching staff (sample 2019) 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.

From the article you will learn:

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 staff state and municipal institutions. Their income will depend on whether they achieve established indicators the quality and quantity of state or municipal services that teachers provide (Section IV of the Program approved by Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r). There are different indicators for institutions of different industry profiles. Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 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.

Effective contract in education sample filling

The term effective contract was introduced into circulation in 2012 in connection with the adoption of the System Improvement Program wages 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 should be completed in 2018.

Download documents on the topic:

Important! An effective contract is an employment contract with a government employee or municipal institution, which details the employee’s job responsibilities and remuneration conditions, which are conditional on the fulfillment of pre-established indicators (Section IV of the Program).

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

• provision for a commission or working group that will be responsible for introducing 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;
• local act, which 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:

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

Important! 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).

Check out a sample order for the introduction of an effective contract:

Performance criteria in an example of an effective contract

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.

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Tips on how to develop criteria can be found in Methodical recommendations(letter from the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02). In particular, ten such performance indicators are established for school teaching staff. These include, for example, the implementation additional projects. These are excursion and expedition programs, group and individual. educational projects students, social projects etc.

Specify performance criteria in employment contract(effective contract) with the employee (clause 12 of the Recommendations approved by Order of the Ministry of Labor of Russia dated April 26, 2013 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 set payments in rubles, write the amount in the employment contract or additional agreement(Clause 13 of the Recommendations approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n).

Form of an effective contract

To formalize an employment relationship with a teacher, use approximate form effective contract (employment contract). It is contained in Appendix No. 3 to the Improvement Program wage systems, which is approved No. 2190-r.

You can download a sample of an effective contract in education in this article.

Download in.doc

Download in.doc

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.

Conditions that need to be reflected in an effective contract:

1. full job responsibilities
2. the amount of additional work that a 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 dated November 26, 2012 No. 2190-r and paragraph 2 of the recommendations approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n. This is a clarification labor function employee, specification job responsibilities, conditions of remuneration, in particular the amount of remuneration and incentive amount for achieving collective labor results, indicators and criteria for assessing employee performance for incentive payments (indicators depend on labor results and quality of services); measures of social support for the employee.

Decree of the President of the Russian Federation No. 597 provides for a gradual increase in teachers' salaries until 2020 by revising the system for assessing their activities as a whole. It is possible to implement such a reform only by establishing clear quantitative and qualitative criteria for the effectiveness of activities.

Criteria for an effective contract with a teacher

The concept of “effective contract in education” (you will find a sample form at the end of the article) was introduced back in 2012 by Government Decree No. 2190-r, which approved a program for gradually improving the terms of payment for teachers.

An effective contract with a teacher is an employment contract that clearly stipulates his responsibilities for his position, the conditions under which he will work, and establishes specific criteria that allow him to digitize and evaluate the teacher’s activities.

The new work system does not cancel the previously existing relationship between the employer and the teacher. It allows you to take them to another level. To implement the transition in an institution, the following criteria must be developed and approved by the head:

• state (municipal) task;
• an established system for determining the effectiveness of teachers’ work;
• a remuneration system with certain factors taking into account the degree of complexity of the work and its volume and quality level;
• established labor standards for teachers;
• established specific features taking into account the types of activities.

The procedure for concluding an effective contract

How to make the transition to an effective contract in education? The procedure is established by Order of the Ministry of Labor No. 167n. It provides the following actions.

1. If a teacher works for an employer for the first time, an employment contract is concluded with him in the form established in the appendix to Resolution 2190-r.
2. In relation to teachers already working at the institution, the employer’s procedure is as follows:

• create a commission for the transition to the new system;
• with the help of the commission, analyze existing employment contracts for compliance with the requirements established by current legislation;
• develop (with the help of the commission) criteria to evaluate the effectiveness of teachers’ work;
• conduct an explanatory conversation about the transition to new working conditions;
• involve the organization's trade union in the work, taking into account whose opinion, develop local acts related to the payment system;
• make changes to the payment regulations, taking into account the criteria developed by the commission;
• approve the provision on an effective contract with teachers;
• warn employees in writing about changes in working conditions at least two months in advance;
• conclude with employees additional agreements, changing previously established payment terms;
• make changes to job descriptions employees.

Completing an effective contract with a teacher

The provisions included in the document must include the positions provided for in Article 57 of the Labor Code of the Russian Federation.

The form of an effective contract in education includes information about:

• place of work;
• labor function;
• payment terms;
• working hours and rest hours;
• compensation for work in difficult or harmful conditions;
• the nature of the activity;
• working conditions in the workplace;
• conditions of insurance for teachers.

The contract includes clauses stipulating:

• duration of the main vacation;
• provided for labor legislation social support measures;
• specific job responsibilities;
• job title in accordance with the wording in the Unified qualification directory positions if the employee’s job responsibilities coincide with those provided for in the directory;
• the use of certain incentives and compensation payments (for the intensity, quality of work performed, length of service and bonus payments, payments for hard work, in places with a special climate, in conditions different from normal, additional payments for working with information that is a state secret);
• amount of additional payment when performing additional work.

All conditions are specified in a form understandable to the employee.

Sample of an effective contract for teachers

The form of the employment contract with the teacher is established by Government Decree No. 2190-r

To the section " General provisions» includes information about the parties to the contract, the name of the place of work, department, term, start date of activity, information about probationary period(if available).

The second and third sections formulate the rights and obligations of the employee and the employer, respectively.

The fourth section is devoted to remuneration. It provides for all basic and additional payments that the employee will receive for his work.

The fifth section establishes the time of work and rest: duration of working hours, vacations and features of the regime (if any).

The sixth section contains information on compulsory social insurance.

In the seventh section of the contract, the employer stipulates other working conditions.

The responsibilities of the parties and the methods for changing or terminating the contract are contained in the eighth and ninth sections, respectively.

The last, tenth section provides final provisions regarding possible disagreements.

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