School education effective contracts with teachers. Employment contract: effective contract (sample)

This concept appeared in Russian labor law five years ago, so it cannot be called new. The term was introduced into use by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which approved the Program for Improving the System of Remuneration of 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:

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

The transition to a new system of remuneration in an educational institution should ensure a decent level of salaries for teachers and other educators. Therefore, in the contract, its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the performance indicators of the entire educational organization. The transition to an effective contract in education should be phased, and the last phase ends in 2019. This means that by the end of next year, all teachers should receive incentive payments based on their performance.

First steps towards efficiency and regulatory framework

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

• Decree of the President of the Russian Federation of 07.05.2012 No. 597;
• the state program "Development of Education" for 2013-2020, approved by the Decree of the Government of the Russian Federation of 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 of November 26, 2012 No. 2190-r;
• order of the Ministry of Labor of Russia No. 167n dated April 26, 2013;
• Letter No. AP-1073/02 of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 (performance indicators in educational institutions).

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

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

To fulfill the last paragraph, it is necessary to apply the recommendations of the Ministry of Education from letter No. AP-1073/02. In particular, the following indicators can be included in an effective contract with a teacher:

The choice of specific items depends on the qualifications of the teacher, his experience and direction 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 duties are approved by the job description, and the conditions for incentive payments are approved by the organization's local regulatory act. The Ministry of Labor recommends that when drawing up an effective contract, not be limited to referring to the order on compensation and incentive payments, but to write them directly in the document along with labor productivity criteria. These criteria must be evaluated in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will receive guaranteed only the official salary (rate), and all other incentive payments will be accrued only if his work complies with the accepted in an educational institution, indicators of labor efficiency.

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 subdivision, both the address of the main institution and the name of the subdivision with its location should be recorded.
2. Labor function (indicating qualifications, position and specialty).
3. Terms of payment.
4. Mode of work and rest.
5. Length of annual paid leave.
6. Measures of social support.
7. Other conditions due to the specifics of the work of the educational organization.

Labor function

The main problem in developing such a document is related to the definition of measurable performance indicators. These indicators need to be carefully considered and, if 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 this profession. It might look something like this:

Salary

Working regime and social support

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

Drawing up an effective contract or additional agreement

You can formalize the labor relations of employees in the field of education according to the new rules:

• directly at the time of employment;
• in the form of an additional agreement with those employees who are already in labor relations 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 changing the terms of the employment contract related to organizational issues, by decision of the employer unilaterally. However, it is necessary to notify each employee in writing at least two months before registration. If the teacher refuses to continue working on new conditions, then labor relations with him can be terminated in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation. In this case, a two-week severance pay must be paid (Article 178 of the Labor Code of the Russian Federation).

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

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

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

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

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

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

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

How to implement

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

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

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

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

Stage 4. Sign additional agreements. It is important to remember that in this case the terms of the employment contract change at the initiative of the employer, so it is extremely important to fulfill all the requirements of the Labor Code of the Russian Federation. The first step is to send the employee a written notice no later than two months. To sign an additional agreement to an employment contract, it is not necessary to wait until the end of this period. If the employee refuses, it is necessary to offer him in writing another position, including a lower paid one. At the same time, it is important that the qualifications and experience of the employee allow her to take it (part 3 of article 74 of the Labor Code of the Russian Federation). However, if a budgetary institution completely switches to an effective contract, it will not be possible to find a vacancy with the same working conditions. In this case, it is made

An effective employment contract is understood as a contract with an employee that describes in detail the duties of an employee and is aimed at achieving high labor productivity.

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

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

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

Types of an effective labor contract:

Together with the increase in efficiency, a significant increase in the wages of employees of budgetary institutions is also planned. Until 2018, employers of budgetary institutions must conclude an effective contract with all their employees. The coverage of the project will be 100% of the staff. Although an effective TD has become mandatory only for the state. sector, the private sector can also use this concept. Therefore, an overview of the main elements of an effective TD will be useful to all employers.

Structure and functions

An effective employment contract is based on the current labor legislation and uses the possibilities inherent in it to draw up a detailed agreement between the employee and the employer. The main document in the preparation of the contract -. Consider the sections of an effective contract below.

Labor function

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

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

Salary

In order to increase labor productivity, the Ministry of Labor has developed detailed recommendations regarding the wage system. Measurable performance indicators have become a central concept. Reaching them, the employee must be financially rewarded. According to the plan, this will solve two problems at once - to increase the level of wages in the public sector and improve work productivity.

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

The next step after defining the indicators will be the creation of a system of correlations between the award and the indicators. That is, it will be necessary to determine the size of the reward for achieving the set result. In this matter, one should adhere to the golden mean.

Sample effective employment contract:

The payment of inflated remuneration will seriously put pressure on the budget of the enterprise. In addition, too high an incentive payment will not be optimal in terms of psychology.

Employees in this case will be strongly focused only on receiving additional payments, while forgetting other important components of the labor process (for example, cooperation and communication). Too little remuneration is perceived as an insignificant incentive, the employee will not actively strive to achieve the set indicators.

To design a payout, you will need to specify:

• The name of the incentive payment;
• Condition for obtaining - the simplest case would be "achieving 100% of key indicator A";
• Key metrics (which lead to rewards);
• Periodicity of remuneration - payment can be one-time and regular. If there is a binding, for example, to a monthly plan, then
• remuneration is paid every month. One-time payments have a much smaller effect in terms of creating a long-term incentive;
• Payout amount.

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

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

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

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

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

For the performance of official duties, which are provided for by this agreement, the employee is set wages in the following amount:

1. Salary in the amount of 20,000 rubles per month;
2. incentive payments; - in this paragraph, insert a table with a list of rewards (indicate the name, size, frequency, conditions).
3. Compensations. - a similar table, but there is a description of compensation payments.

Conclusion

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

Key indicators should be measurable and objective. They are paid in the form of additional bonuses to wages, with the help of such a scheme, labor efficiency increases. The state program is mandatory in the public sector, but private sector enterprises can also use the concept developed by the government.

The new document is gaining popularity due to the opinion that the labor activity of educational workers will no longer be associated with low-paid or not prestigious. Its goal is to set the salary at such a level that it corresponds to the quality of work of teachers and is at a sufficient level in comparison with other areas, and the system itself does not worsen the level of education, and also does not increase the burden on students in general.

An effective contract in education, what is it, how to switch to it?

An effective contract in education is a contract, the subject of which is a working relationship with employees of the educational sphere. The document details all the duties of a teacher, indicators and criteria that allow evaluating the effectiveness of work with a further goal of stimulating additional payments based on the results, depending on the quality of municipal services. It also describes measures of social support for workers.

Mandatory components:

• 1. Pedagogical functions;
• 2. Indicators and criteria evaluating labor efficiency;
• 3. The amount of incentive payments and the conditions for their accrual based on the prescribed indicators.

All areas of state security are required by law to switch to an effective contract. In fact, it is not a completely new legal document - rather, modified and supplemented, and the changes affected only the salary and the conditions for its payment, and a notice of the state of affairs the day before must be submitted to employees.

First of all, in each state. In an institution, the necessary performance criteria must be developed by management in tandem with the trade union. It is not enough just to notify the trade union; without its participation, the employer does not have the right to develop independently.

In practice, a new contract is concluded by signing an additional agreement with teachers. The completed sample can be downloaded

The transition to an effective contract in education - the timing of the transition

Having planned the transition, the employer must provide employees with at least two months' notice in advance of the planned transition to the updated relationship type. The purpose of the notification is to inform and give the employee time to familiarize himself with all the conditions, as well as to decide on consent to the changes.

If the employer reduces the level of guarantees to the teacher regarding the previous conditions or does not comply with all the transfer procedures (or at least there is no notification) developed by the Ministry of Labor of the Russian Federation, according to the law, he will not be able to dismiss the employee if he does not agree to the transfer.

An effective contract in education - sample filling

The introduction of the contract in preschool institutions is introduced in several stages:
1. Informing about upcoming innovations at the teachers' council of a preschool institution.
2. Written notification of teachers.
3. Development of indicators and criteria and their approval by acts drawn up by a preschool institution.
4. Development of a provision, agreement and additional agreement:

• Sample effective contract in early childhood education free download
• A sample of filling out an additional agreement in preschool education download

5. Previous incentive payments are canceled if performance indicators were not taken into account in their formation.
6. Changes in the regulation on remuneration of preschool institutions.
7. Conclusion of agreements with teachers.

Regulation on an effective contract in education

There is a list of regulatory government documents that regulate the operation of an effective contract in education. Their list is free to download.

One of the main documents listed above is the Program for the gradual improvement of the wage system, which began to operate in 2012. In its Appendix No. 3, an exemplary form of an employment contract is indicated, which is required to be filled out when switching to an effective agreement.

An effective contract with teachers (sample 2019) should make the work of a teacher more prestigious and contribute to the growth of his salary. How to draw up a contract, read the article.

From the article you will learn:

Efficient contracts with teachers have been introduced in educational institutions 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 the established indicators of the quality and quantity of state or municipal services that teachers provide (section IV of the Program approved by the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r). For institutions of various industry profiles, there are different indicators. 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.

An effective contract in education sample filling

The term effective contract was introduced 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 should apply such contracts. According to the state-approved program of work on the transition to an effective contract in education, they should be completed in 2018.

Download related documents:

Important! An effective contract is an employment contract with an employee of a state or municipal institution, which details the employee's job responsibilities and wage conditions, which are due to the fulfillment of predetermined indicators (section IV of the Program).

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

• regulation on a commission or working group that will deal with the introduction of effective contracts;
• indicators and criteria by which the effectiveness of the work of employees of the institution will be evaluated;
• internal regulation on the establishment of labor standards for employees, 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:

• regulation on the system of remuneration, regulation on incentive and compensatory payments,
• award clause,
• job descriptions etc.

Important! There is no need to terminate the 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 the sample order on the introduction of an effective contract:

Performance criteria in a sample effective contract

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

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Tips on how to develop criteria are contained in the Methodological Recommendations (letter of the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02). In particular, ten such performance indicators are set for school teachers. These include, for example, the implementation of additional projects. These are excursion and expedition programs, group and individual educational projects of students, social projects and the like.

Specify performance criteria in employment contract(effective contract) with an 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 credited with the appropriate payment, if it does not comply, they will not be credited or assigned in a reduced amount.

Formulate the clauses of the contract 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 down the amount in the employment contract or additional agreement(clause 13 of the Recommendations, approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n).

Form of an effective contract

To formalize an employment relationship with a teacher, an exemplary form of an effective contract (employment contract) is used. 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 foregoing, an additional agreement to the employment contract must be concluded after you have developed indicators and criteria for assessing the effectiveness of the work of employees of the institution in order to determine the size and conditions for the implementation of incentive payments. Note! If the previously executed employment contract does not contain information about the employer and employee provided for in the sample form, then it is advisable to write this information in an additional agreement to the employment contract.

Terms of an effective contract (sample)

When drawing up an effective contract (sample) with an employee of an institution, it is required to take into account the norms provided for by internal acts, collective agreements and agreements that define:

• conditions of remuneration for teachers of educational institutions (including salaries, tariff rates salaries, bonuses, allowances);
• system of labor rationing;
• working conditions of teachers, confirmed by the results of a special assessment of working conditions;
• schedule working time and rest time
• staffing educational institution;
• conditions that determine the nature of work (mobile, traveling, on the road, other nature of work).

Conditions to be reflected in an effective contract:

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

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

Effective contains all the conditions that an employment contract includes. In addition, it contains the conditions mentioned in the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r and paragraph 2 of the recommendations approved by the order of the Ministry of Labor of Russia of April 26, 2013 No. 167n. This is a clarification of the employee's labor function, specification of job duties, terms of remuneration, in particular the amount of remuneration and reward size for the achievement of collective labor results, indicators and criteria for evaluating the effectiveness of an employee's performance for incentive payments (indicators depend on labor results and the quality of services); measures of social support for the employee.