What is an effective contract and how does it differ from employment contract? Download sample documents for institutions in different fields of activity, find out how the transition to an effective contract should take place

From this article you will learn:

What is an effective contract

The transition of state and municipal institutions to an effective contract is carried out as part of the implementation of the State Program for improving their remuneration. It was approved by Government Order No. 2190-r dated November 26, 2012. The goal of the program is to make the level of income of teachers, doctors, cultural and social workers directly dependent on the quality of the services they provide. Its implementation is planned for the period until 2018.

“Effective contract” is not the name of a document, but a term that reflects the specifics of the content of an employment contract with an employee of a budgetary institution. Labor relations arise between an employee and an employer on the basis of an employment contract (Article 16 Labor Code RF). The term “contract” is not used at all in the Labor Code of the Russian Federation.

Employees of budgetary institutions remain in the same status, the nature of payment for their work by the employer, the state, simply changes somewhat. The content of such an agreement 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.

Conclude a regular employment contract with the employees you hire - on terms that reflect the essence effective contract. With employees already working in the organization, the transition to new system formalize remuneration as an additional agreement to the existing employment contract.

Such differences suggest that the relationship between employer and employee will be built somewhat differently. Namely, based on:

• state order (task) and customer-approved performance indicators;
• labor standards systems;
• assessment system, that is, a set of criteria and indicators that allows you to evaluate the quality and quantity of work of each employee;
• a remuneration system that takes into account its quality;
• a detailed statement of the above systems in regulations, including the collective agreement and local documents, as well as in the employment contract with each employee.

To assess the effectiveness of labor results, the Ministry of Labor recommends using measurable indicators. For example, the number of services provided or consumer satisfaction with their quality. Strictly speaking, such a system is not something new, but has long been known and used in personnel management under the name KPI.

KPI, or Key Performance Indicators, is a whole system of indicators with which a manager can evaluate the performance of both the entire company as a whole and each employee individually. Efficiency in this case refers to the benefit that an employee or department brings to the company, and not just the amount of work done.

For each position, a small number of indicators are established, usually 3-5, the main property of which is their measurability. In relation to employees of budgetary institutions, this may be the number of published scientific articles, recovered patients, received visitors, etc. When a certain result is achieved, the employee receives a remuneration of a set amount.

The use of such key performance indicators is convenient, first of all, for the employees themselves: firstly, they clearly understand what management expects from them; secondly, they know what is included in the salary; thirdly, they see how much and for what they can receive above the salary. It is also convenient for the employer when each employee has clearly defined tasks and deadlines for their completion. As a result, it is easy to check whether they have been completed and whether the desired result has been achieved. Summing up takes place at a frequency determined by the employer.

How to write an effective contract

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 supplementing the employment contract with specification of such conditions 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.

Thus, effective contracts in education, a sample of one of which is given below, according to officials, should include four main indicators: assessment by inspection bodies; satisfaction with the quality of services provided by the students themselves, and, more importantly, their parents; availability of information about all aspects of the school’s activities to the general public; attracting young specialists and stimulating their professional growth.

Each institution can, taking the basic indicators as a basis, develop its own evaluation criteria. You just need to make sure that they have two important properties: achievable and measurable..

How to conclude an effective contract

An action plan for the transition to an effective contract must necessarily begin with the development of performance indicators and criteria for its evaluation. Is doing this 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

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

Step 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.

Step 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.

Download the order to switch to an effective contract

Step 3. Conducting explanatory work among the team and analyzing existing employment contracts.

Step 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 trade union organization. Changes are also being made to employee job descriptions. At the same time, draft contracts and additional agreements are being developed.

Step 5. Warning workers. According to Art. 74 of the Labor Code of the Russian Federation, this must be done no less than two months in advance. In the notice 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.

Step 6. Conclusion of additional agreements. Because the we're talking about about changes in the terms of existing employment contracts, then 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.

Step 7. Resolving the situation with those employees who do not want to work in the new conditions.

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 the basic part (salary), benefits compensatory nature and the stimulating part. It is the size of the latter that will be influenced by the achievement of the indicators specified in the contract.

• For high results and intensity of work. They may also include bonuses for performing work that is of particular importance or requires increased responsibility.
• 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.
• For continuous professional experience and length of service.
• Awards based on the results of work for a certain period (month, semester, half-year, etc.).
• 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 the terms are extended or revised.

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.

10 mistakes when switching to an effective contract

The transition to an effective contract is an actual change in the systems and levels of remuneration. At the same time, the practice of the last two years has shown that when transitioning to new remuneration systems, budgetary organizations make mistakes. Some controversial situations have already been considered in the courts. From the article you will learn what mistakes your colleagues make and get recommendations on how to avoid them.

Background

By Decree of the President of the Russian Federation dated 05/07/2012 No. 597“On measures to implement the state social policy» The Government of the Russian Federation was instructed to adopt a program for the gradual improvement of the wage system for workers in the public sector of the economy, conditioning the increase in wages on the achievement of specific indicators of the quality and quantity of services provided. The goal is to save human resources potential and increase the prestige and attractiveness of professions in the public sector of the economy.

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

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

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

Let's consider typical mistakes, which are allowed by the heads of state (municipal) institutions when transitioning to an effective contract.

Mistake 1. Drawing up an “effective contract” document

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

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

ADVICE. Conclude a regular employment contract with the employees you hire - on terms that reflect the essence of an effective contract. For employees already working in the organization, formalize the transition to a new remuneration system in an additional agreement to the existing employment contract.

Mistake 2. Concluding fixed-term employment contracts to switch to an effective contract

Fixed-term employment contracts are concluded only if there is availability for this purpose. legal grounds. Therefore, when applying for a job in state-financed organization employee for general rule accepted for an indefinite period.

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

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

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

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

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

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

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

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

1. Rights and obligations of the employee and employer

These provisions are included in the employment contract by agreement. Their absence is not considered a refusal to exercise these rights or fulfill these obligations.

2. Structural unit in which the employee will work

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

3. Entry into force of the employment contract

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

4. Work time and rest time

The working hours and rest hours must be indicated only if for a given employee it differs from general rules operating at the employer.

ADVICE. Include in the employment contract not only the provisions specified in Order No. 2190-r, but also prerequisites, defined Art. 57 Labor Code of the Russian Federation.

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

First of all, an effective contract must specify the employee’s job responsibilities. Sample form of an employment contract involves indicating specific types of work that the employee must perform, and not just the name of the position, profession, or specialty.

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

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

The employee must be notified two months in advance:

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

About the reasons that necessitated such changes.

Error 5. Lack of specification of wage conditions in the employment contract

An employment contract that meets the requirements of an effective contract must clarify the 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 ( clause 13 of the sample form of an employment contract).

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

· fix in contracts the names of compensation payments, their size, and the factors determining their receipt;

· indicate in contracts the names of incentive payments, the conditions for receiving them, indicators and criteria for assessing the effectiveness of activities, frequency, and amounts of payments;

· not be limited to references to the provisions of local regulations governing the implementation of incentive and compensation payments (clauses 8 And 13 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 Russia dated April 26, 2013 No. 167n, hereinafter - Recommendations).

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

However, it is not enough to specify individual indicators and criteria for assessing performance in the contract. The amount of remuneration and incentives for achieving collective labor results must be established. In the Unified Recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of state and municipal institutions for 2015 (approved. by the decision of the Russian Tripartite Commission for the Regulation of Social and Labor Relations dated December 24, 2014) it is also said that the employment contract provides for the amount of compensation payments and the conditions for making incentive payments.

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

Error 6. Criteria and indicators of employee performance have not been developed

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

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

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

Error 7. Transferring only the institution’s core staff to an effective contract

The legislation does not indicate that an effective contract is introduced for certain categories of workers. Which means new approach applies to wages for all employees working in state (municipal) institutions.

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

If criteria and performance indicators are not developed for all employees, but, for example, only for key personnel, the goal for which a new remuneration system for public sector employees is being introduced will not be achieved.

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

Error 8. No changes are made to the collective agreement, a local regulatory act on wages

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

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

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

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

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

Labor function;

Work start date;

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

Terms of remuneration;

Working hours and rest hours (if different from the general rules in force for a given employer);

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

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

Working conditions in the workplace;

Conditions on compulsory social insurance of the employee;

Other conditions in cases provided for by labor legislation.

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

Some employers provide employees with a “transition to an effective contract” notice, stipulating negative consequences if they refuse to sign additional agreement to the employment contract. At the same time, it is not clear from the contents of the notice exactly what terms of the employment contract are changing.

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

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

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

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

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

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

Transition to an effective contract (sample order)

By Order of the Government of the Russian Federation dated November 26, 2012 N 2190-r, a program was approved to improve the employee remuneration system government agencies and 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

Normative base to make the transition includes:

• A program that contains, among other things, approximate form 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. Mandatory form of this order not 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);
• job responsibilities employee (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 position and contradict labor legislation And local acts, 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

____________________________________________

(Full name of employee)

address: RB Karaidel district, Karaidel village ____________________________________________

from M municipal educational budgetary institution Karaidelskaya secondary general education school No. 2 of the municipal district Karaidelsky district of the Republic of Bashkortostan

address: RB Karaidel district, Karaidel village, Stroiteley street 1, telephone: 2-05-75__, Fax: _2-05-75_,

address Email: karaidelsosh 2@ mail . ru

Notification

on the transition to an effective contract

Municipal educational budgetary institution Karaidelskaya secondary comprehensive school No. 2 of the municipal district Karaidelsky district of the Republic of Bashkortostan according to requirements

Labor Code of the Russian Federation and the Ministry of Labor

Russia dated April 26, 2013 N 167n hereby notifies __________________________

(Full name of employee)

that due to changes in conditions employment contract and with the implementation of 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 N 2190-r, in ___ Municipal educational budgetary institution

Karaidel secondary school No. 2 of the municipal district Karaidelsky district of the Republic of Bashkortostan an effective contract is introduced.

In connection with the introduction of an effective contract into the Employment Agreement

from "___"________ ____ N ___, concluded between __ Municipal educational budgetary institution Karaidelskaya secondary school No. 2 of the municipal district Karaidelsky district of the Republic of Bashkortostan and _______________________, it is necessary to make the following changes regarding, among other things, the procedure for remuneration: _______________________________________.

According to of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing no later than two months in advance of the upcoming changes, the conditions 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 Russian Federation.

If you agree with the introduction of these changes to the Employment Agreement dated "___"________ ____, N ___, it is necessary to sign the corresponding additional agreement within 2 (two) months from the date of receipt of this notice.

According to of the Labor Code of the Russian Federation, if the employee refuses the proposed job, the employment contract is terminated in accordance with Labor Code of the Russian Federation.

If within 2 (two) months from the date of receipt of this

notice ____________________ no response will be given or __________________

refuses to make these changes to the employment contract, then the Labor

the contract dated "___"________ ____ city N ___ is terminated in accordance

from the Labor Code of the Russian Federation.

(signature)

School director I.M. Kharipov

In accordance with the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012 - 2019, approved by Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, an effective contract 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 its activities and the quality of government (municipal) services provided, as well as measures of social support.

Thus, the essence of an effective contract is to establish a relationship between remuneration and the results of the work of a budget organization.

An effective contract is used in relations with employees of federal government agencies, and can also be concluded with employees government agencies subjects of the Russian Federation and municipal institutions.

Paragraph 2 of 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 Russia dated April 26, 2013 No. 167n, in relation to each worker the following must be clarified and specified:

• labor function;
• indicators and criteria for assessing the effectiveness of activities;
• amount of remuneration;
• amount of incentives for achieving collective labor results.

How to develop a sample of an effective contract

• wage system (including 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;
• staffing of the institution;
• conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work).

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. Need to line up unified system requirements for employees arising from the requirements for the activities of the institution itself, provided for in state and municipal assignments and other similar documents.

Without this condition, an effective employment contract will simply remain a longer employment agreement.

The procedure for implementing an effective contract

At first glance, it is not complicated and consists of only four stages, but each stage will require time, attention and comprehensive assessment. Therefore, most consultants recommend creating a working group of representatives of the administration, employees and trade union (if there is one).

• The first step is to develop or bring into compliance regulatory documentation regulating the criteria for assessing the effectiveness of the organization’s employees, labor standards taking into account industry specifics, content and volume labor functions each position according to the staffing table. All local documents must be approved and the deadline for their implementation must be determined.
• The second stage introduces appropriate changes to the internal labor regulations, provisions on remuneration, bonuses, incentive and compensation payments, and job descriptions.
• The third stage is the development of an effective contract form for each position to be concluded with newly hired employees, as well as additional agreements to existing employment contracts to bring them into compliance with the requirements.
• The fourth stage will require the strictest possible compliance with the requirements of the Labor Code of the Russian Federation, since it will involve changing the terms of the employment contract at the initiative of the employer - signing an additional agreement to the employment contract with current employees institutions.

The employer must give the employee at least two months' written notice. If he agrees, enter into an additional agreement with him to the employment contract 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 to conclude an additional agreement, the employer is obliged to offer him in writing another job available in the organization, including a lower paid one, which the employee can take (Part 3 Art. 74 Labor Code of the Russian Federation). However, if 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 Art. 77 Labor Code of the Russian Federation).

Sample form of an employment contract (effective contract)

As an example, here is a sample of an effective contract with the chief accountant of a budget institution

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