Effective contract in healthcare criteria. Transition to an effective contract in healthcare. How is the transition to an effective contract

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

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

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

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

What is an effective contract?

The Pay Improvement Program defines an effective contract. This is with an employee who specified his official duties , pay conditions, indicators and criteria for evaluating performance to assign incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as measures of social support.

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

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

Methodological basis for the development of an effective contract

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

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

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

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

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

Name	Document provisions
Decree of the President of the Russian Federation No. 597	Raising the average wages state employees is associated with the efficiency and quality of services
Pay Improvement Program	Sample Form Approved employment contract(effective contract) with an employee of a public institution (Annex 3).
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant order of the government of the Russian Federation (for example, Decree of the Government of the Russian Federation No. 722 -R)	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan (“road map”) for changes in the sectors of the social sphere aimed at improving the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated April 23, 2013 No. 32-rp).	Measures, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality
Guidelines for the development by public authorities of the constituent entities of the Russian Federation and local governments performance indicators subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for evaluating the effectiveness of employees specific social sphere developed at the regional level*	Manual for the development of criteria for institutions of the constituent entities of the Russian Federation and municipalities
	Manual for the development of criteria for evaluating the effectiveness of the activities of heads of budgetary organizations of constituent entities of the Russian Federation and municipalities

* For example, Criteria for evaluating the performance of employees of municipal cultural institutions, approved by the Administration rural settlement Annovsky Village Council of the Belebeevsky District of the Republic of Bashkorstan by Decree No. 69 of December 23, 2013.

** For example, Order of the Education Committee of the Government of St. Petersburg dated 20.08.2013 No. 1862-r.

How to conclude an effective contract?

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

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

Types of effective contracts

How to develop an employment contract - an effective contract?

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

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

How to make an existing employment contract an effective contract?

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

With the introduction of an effective contract, a key change in the terms of the employment contract will be adjustment of wage conditions. Article 74 of the Labor Code of the Russian Federation does not regulate this change, but it does not provide an exhaustive list what falls under the concept of "changes in working conditions". This means that when wage conditions change can be guided its provisions.

Another change concerns the clarification of the employee's responsibilities (for example, the achievement of performance indicators of his activities).

When changing the contract unilaterally, the employer must give reasons and justify them as inevitable. In this case, the employer can refer to the Pay Improvement Program and other regulations related to the introduction of an effective contract system. The program for improving wages establishes indicators and criteria for evaluating the performance of employees of state (municipal) institutions - this is causes changes to the employment contract. The introduction of indicators and criteria necessitates changes in the conditions of remuneration and clarification of job responsibilities in employment contracts.

What terms of the employment contract are subject to change

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

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

** Corresponding clause of the employment contract.

*** Corresponding clause of an effective contract.

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

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

****** Established by the regulation on remuneration, an appendix to an effective contract, paid for the achievement of performance indicators.

What to include in an effective contract?

When developing an employment contract and an additional agreement, Art. 57 of the Labor Code of the Russian Federation, which regulates the content of an employment contract. If the conditions specified in this article are not in the previously concluded employment contract, then it is recommended that they be included in the supplementary agreement.

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

For each employee, his labor function, indicators and criteria for evaluating performance should be clarified and specified, the amount of remuneration, as well as the amount of incentives for achieving collective labor results, should be established.

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

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

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

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

The sequence of actions when introducing an effective contract

A certain sequence of actions during the transition to an effective contract system will allow the employer to reduce the cost of effort and time, as well as comply with labor laws. Actions should be as follows:

1. Create in an institution commission on the organization of work related to the introduction of an effective contract.
2. Learn basic and advanced performance indicators activities developed and approved by the founder, indicators of the quality and efficiency of activities, included by the founder in the municipal task for the provision of certain types of services by the organization.
3. Acquainted with evaluation mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Conduct explanatory work in the labor collective on the introduction of an effective contract.
5. Create on the official site section "Assessing the effectiveness of the institution's activities" for the submission of regulatory and administrative documents on the transition to a system of effective contracts.
6. Analyze current employment contracts employees for their compliance with Art. 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
7. Develop indicators the efficiency of employees.
8. Taking into account the developed indicators make changes in the regulation on remuneration, the provision on incentive payments.
9. Adopt local regulations related to the remuneration of the employee, taking into account the opinion of the trade union committee of the primary trade union organization.
10. Specify labor function and conditions of remuneration of the employee.
11. Develop individual employment contracts(additional agreements) with employees, taking into account the approved form of an exemplary employment contract, using indicators and approved criteria for the effectiveness of the activities of employees of the institution.
12. Approve Changes job descriptions.
13. notify employees to change certain conditions of the employment contract.
14. To conclude additional agreements with employees.

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

Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On measures for the implementation of state social policy."

The program for the gradual improvement of the wage system in state (municipal) institutions for 2012 - 2018, approved. Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r.

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

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

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

Order of the Ministry of Health of the Russian Federation of June 28, 2013 No. 421 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Activities of Subordinated public institutions, their managers and employees by types of institutions and main categories of employees.

Letter of the Ministry of Education and Science of the Russian Federation dated 20.06.2013 No. AP-1073/02 “On the development of performance indicators” (together with the “Methodological recommendations of the Ministry of Education and Science of the Russian Federation on the development by state authorities of the constituent entities of the Russian Federation and local governments of performance indicators for state (municipal) institutions in the field of education, their leaders and certain categories workers”, approved. Ministry of Education and Science of the Russian Federation 18.06.2013).

Order of the Ministry of Culture of the Russian Federation dated June 28, 2013 No. 920 “On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for the Performance of Subordinate Cultural Institutions, Their Managers and Employees by Type of Institution and Main Categories of Employees”.

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

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

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

Over the past five years, the state has taken a number of measures to increase motivation medical workers and prestige of the profession. One of the ways to achieve these goals was the reconstruction of the wage system and the introduction of an effective contract in the public sector. In this article, you will learn all the nuances of the new wage system, as well as find an example of an effective contract in healthcare.

Criteria for an effective contract in healthcare

The term "effective contract" appeared five years ago, after the Government of the Russian Federation adopted the Program for Improving the Remuneration System in Budgetary Institutions (Decree No. 2190-r dated November 26, 2012). In accordance with this document, employers in the public sector of the economy, including the healthcare sector, are required to conclude effective contracts with all employees until 2019.

In fact, this is a standard employment contract, which regulates issues in more detail. cash payments, namely:

• the labor functions of the employee are specified;
• clarified the terms of remuneration;
• performance indicators are fixed;
• the procedure for obtaining incentive payments and compensations is described in detail;
• measures of social support are prescribed.

At the same time, when concluding an effective contract with an employee of a medical institution, it is necessary to indicate his position (for specialists, employees and managers).

For some positions, you additionally need to specify:

• speciality. So, for a specialist doctor, this is the direction in which he has been trained and directly practices (for example, a gynecologist);
• section of medical activity. This applies, first of all, to the deputy chief physicians (for example, the deputy chief physician for clinical and expert work);
• the name of the medical position according to the profile. This category includes heads of hospital departments (for example, head surgical department- surgeon);
• job title with specialization. For example, a doctor in the emergency department is a general practitioner.

It should be noted that the concept of an effective contract implies not only the labor contract itself, but also a set of measures aimed at improving the quality and accessibility medical services. Work should become more efficient, and employees should be motivated to achieve maximum professional results. For this, conditions on special incentive payments are introduced into the employment contract. At the same time, such payments are made only when the employee reaches the indicators stipulated by the contract.

How is the transition to an effective contract

Employees who get a job in a medical facility for the first time sign a contract in a new form. And with employees who are already in an employment relationship, additional agreements must be signed, which will contain all the innovations that are characteristic of effective contracts.

At the same time, amendments to the contract must be made in accordance with the procedure established by article 74 of the Labor Code of the Russian Federation. This rule provides that a change in the conditions of remuneration associated with organizational innovations can be carried out by the employer unilaterally. However, at the same time, it is necessary to notify the employee about the upcoming changes at least two months before they are introduced.

If the employee refuses to work under the new conditions, then the employment relationship with him can be terminated in the manner provided for in clause 7 Art. 77 Labor Code of the Russian Federation.

Normative base

• Decree of the President of the Russian Federation of May 7, 2012 No. 598 “On improving the state policy in the field of healthcare”;
• Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which contains the Program for Improving the Remuneration System in Budgetary Institutions;
• Order of the Ministry of Health of the Russian Federation No. 421 dated June 28, 2013 (criteria and indicators effective work employees of medical institutions);
• Decree of the Government of the Russian Federation of December 28, 2012 No. 2599-r (Plan of measures aimed at improving the efficiency of healthcare);
• State program Russian Federation"Health Development", approved by the Decree of the Government of the Russian Federation of April 15, 2014 No. 294.
  .

An effective contract in healthcare: performance evaluation criteria

The amount and conditions for establishing incentive payments for employees should be determined taking into account the indicators and criteria for evaluating the effectiveness of their work, developed in the institution. Such criteria should be enshrined in collective and labor contracts, agreements, local acts (for example, in the Regulation on wages, the Regulation on incentive payments).

So what are the criteria high level work can be fixed in local acts? For example, an assessment of how effective a doctor's work can be considered is often done through the absence of:

• emergency, deaths and medical errors;
• justified claims to the quality of medical care provided;
• errors in the preparation of documentation;
• violations of the rules of document circulation and reporting, the implementation of orders of the administration;
• comments on the performance of official duties and the corresponding instructions.

For average medical personnel such indicators may be the absence of:

• violations of the rules for obtaining, recording and storing medicines;
• emergency in the department;
• complaints when performing medical appointments, caring for patients and preparing them for tests;
• violations in the organization of proper monitoring of patients.

In addition, indicators such as the number of medical examinations, vaccinations, patient questionnaires and feedback received as performance criteria can be established as performance criteria, and for pediatricians, the level of breastfeeding.

Compensatory and incentive payments

The monetary allowance of employees of medical institutions consists of an official salary, incentive and compensation payments, as well as bonuses (if such a practice is established by local acts). The amount of compensation is set as a percentage of salaries, wage rates or in absolute terms. They cannot be smaller than the sizes specified. labor law, and are assigned for:

• work with difficult, harmful or dangerous working conditions;
• work in areas with special climatic conditions (desert, waterless areas, high mountain regions, regions of the Far North);
• combination of positions;
• increase in the volume of work;
• fulfillment of duties of an absent colleague (without release from his work);
• work at night;
• work with information constituting a state secret;
• other compensation payments provided for by law or a collective agreement.

As for incentive payments, in accordance with the Letter of the Ministry of Health of Russia dated September 4, 2014 No. 16-3/10/2-6752, which provides guidance on improving the system of remuneration of medical workers, these include:

1. Payments for intensity and high performance.
2. Payments for the quality of medical services provided (surcharge for the presence of a qualification category; bonus for the performance of a particularly important state or municipal task.
3. Payments for work experience, length of service.
4. Performance Awards:
   • per month;
   • for the quarter;
   • per year.

Please note that the conditions for the provision of these payments should be individualized and prescribed in relation to a particular employee and his type of activity.

Action algorithm

Making the transition to an effective contract in a healthcare institution, the employer must go through the following steps:

1. Responsible employees - to study the regulatory framework.
2. The heads of the medical organizations authorized to adopt legal acts in the field of health care - to develop performance indicators for subordinate organizations.
3. Healthcare institutions, guided by the current legislation, should develop their own performance criteria and amend the Regulation on remuneration.
4. The department responsible for formalizing labor relations is to develop a form of effective contracts and additional agreements, focusing on Appendix No. 3 to Program No. 2190-r.
5. Employer - notify staff of upcoming changes 2 months in advance (if the employee refuses to work under the new conditions, the employer will have to offer this employee other available vacancies, in case of refusal, dismissal will follow in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation).

At the end of the procedure, additional agreements are concluded with employees.

An effective treaty has been proposed by the Government of Russia. The program of phased improvement in state (municipal) institutions for 2012-2018 established an exemplary form of an employment contract (an exemplary form of an effective contract) with an employee of a state (municipal) institution.

An effective contract is primarily an employment contract with an employee, according to which the conditions for receiving remuneration must be clear to the employer and employee and not allow for double interpretation. As follows from approximate form effective contract, an effective contract should clarify and specify the labor function of each employee, indicators and criteria for evaluating the effectiveness of his work, set the amount of remuneration, as well as the amount of incentives for achieving collective labor results.

Also, an effective contract should specify the job responsibilities of the employee, terms of remuneration, indicators and criteria for evaluating the effectiveness of activities for assigning incentive payments depending on the results of work and the quality of public (municipal) services provided.

An approximate form of effective suggests that it should reflect the measures of social support for the employee.

Appendix No. 3

to the Incremental Improvement Program

wage systems in state (municipal)

institutions for 2012 - 2018

Approximate form

employment contract

with an employee of a state (municipal) institution

___________________________ "__" ___________ 20__

(city, town)

__________________________________________________________________________,

(name of the institution in accordance with the charter)

in the person of ________________________________________________________________________,

(position, full name)

acting on the basis ________________________________________________,

(charter, power of attorney)

hereinafter referred to as the "Employer", on the one hand, and

_________________________________________________________________________,

(FULL NAME)

hereinafter referred to as the “Employee”, on the other hand (hereinafter referred to as the parties), have concluded this employment contract as follows:

I. General provisions

1. Under this employment contract, the employer provides the employee with work on _________________________________________________________________________

(name of position, profession or specialty, indicating qualifications)

and the employee undertakes to personally carry out next job in accordance with the terms of this employment contract:

___________________________________________________________________________

(indicate the specific types of work that the employee must perform under the employment contract)

2. The employee is hired: _____________________________________________

__________________________________________________________________________.

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

divisions of the employer, if the employee is hired by a specific branch,

representative office or other separate structural subdivision

employer with location)

3. The employee performs work in structural unit employer ____________________________________________________________________________.

(name of a non-isolated department, department, site, laboratory, workshop, etc.)

4. Work with the employer is for the employee: ______________________

(main, part-time)

5. This employment contract is concluded for: _________________________

__________________________________________________________________________.

(indefinite period, definite period (specify duration), for the execution time

certain work, indicating the reason (grounds) for concluding a fixed-term employment contract

in accordance with Article 59 Labor Code Russian Federation)

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

7. Date of commencement of work "__" ____________ 20__

8. The employee is set a trial period of _______ months (weeks, days) in order to verify the employee's compliance with the assigned work.

II. Rights and obligations of an employee

9. The employee has the right to:

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

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

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

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

10. The employee is obliged:

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

b) comply with the internal labor regulations applicable to the employer, the requirements for labor protection and ensuring labor safety;

c) observe labor discipline;

d) take care of the property of the employer, including the property of third parties held by the employer, if the employer is responsible for the safety of this property, and other employees;

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

III. Rights and obligations of the employer

11. The employer has the right:

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

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

c) involve the employee in disciplinary and liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

d) encourage the employee for conscientious efficient work;

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

12. The employer is obliged:

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

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

c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance by him job duties;

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

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

f) to acquaint the employee against signature with the adopted local regulations that are directly related to his labor activity;

g) perform other duties stipulated by the labor legislation and other regulatory legal acts containing the norms labor law, collective agreement, agreements, local regulations and this employment contract.

IV. Salary

13. For the performance of labor duties stipulated by this

the employment contract, the employee is set wages in the amount of:

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

b) compensation payments are made to the employee:

c) incentive payments are made to the employee:

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

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

v. Work time and rest time

16. The following working hours are set for the employee (norms of hours pedagogical work per bet) ____________________________________________

__________________________________________________________________________.

(normal, reduced, part-time)

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

18. The following features of the work mode are established for the employee

________________________________________________________________.

(specify)

19. The employee is provided with an annual basic paid leave of ____________ calendar days.

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

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

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

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

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

23. The employee has the right to additional insurance on the terms and in the manner established by ______________________________________________________________

__________________________________________________________________________.

(type of insurance, name of the local regulatory act)

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

__________________________________________________________________________.

VII. Other terms of the employment contract

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

With the list of information constituting a secret protected by law, the employee must be familiarized against signature.

26. Other terms of the employment contract __________________________________.

VIII. Responsibility of the parties to the employment contract

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

28. For committing disciplinary offense, that is, non-performance or improper performance by the employee due to his fault of the labor duties assigned to him, the employee may be subject to disciplinary sanctions provided for by the Labor Code of the Russian Federation.

IX. Change and termination of the employment contract

29. Amendments may be made to this employment contract: by agreement of the parties, when the legislation of the Russian Federation is changed insofar as it affects the rights, obligations and interests of the parties, at the initiative of the parties, as well as in other cases provided for by the Labor Code of the Russian Federation.

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

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

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

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

X. Final provisions

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

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

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

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

The employee received one copy of this employment contract

__________________________________________________________________________

(date and signature of the employee)

Comments 140

Please send me an agreement on an effective contract by email. mail, [email protected] moving from March 1, working 2 weeks

I need just such an employment contract

Please send me the additional agreement form too [email protected]

Why don't you go back to school if it's so good there and the pay is decent?

Please be kind and send me. email agreement [email protected] thanks in advance.

And please send me the contract.
[email protected]

Agree! It's just to pinch an individual to an additional agreement. In our institution, there is no constant percentage of incentive payments, the additional payment changes every month based on the performance of the employee. An order is issued, and if you do an extra every month. agreements .... nonsense

Anyone who works or intends to work in the public sector, you need to know that, starting from the year 2012, organizations and institutions are switching / have already switched to a new type of employment contract.

It's called an effective contract. An effective contract is a contract concluded with an employee, consisting of a number of points, aimed at the interests of the working person.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Legislative regulation

The availability of legal documents prescribing steps for the transition of state employees from an employment contract to an effective contract is regulatory framework, in other words, the legislative regulation of this process.

It is possible to transfer an employee to an effective contract only on the basis of his voluntary consent and with the preservation of existing guarantees and benefits. This is evidenced by article seventy-two of the Labor Code of the Russian Federation.

Order of the Ministry of Labor of Russia, issued in the year two thousand and thirteen, twenty-sixth of April under the number 167n, Approved the recommendations on the basis of which the relationship between the organization / institution and the employee should be built.

You can download exemplary sample filling an effective treaty with employees of municipal institutions.

With whom and why is this agreement concluded?

Labor relations in the form of an effective contract must be formalized with employees of all organizations financed from the budget: municipal, regional or state.

Such organizations include educational, medical organizations, cultural institutions (libraries, museums, etc.). AT normative documents it is emphasized that an effective contract is obligatory for conclusion with:

Conclusion of an effective contract pursues certain goals, the main among which are the following:

1. evaluate the efficiency of employees' work using a number of indicators and on this basis, make a decision to encourage each employee, designed to increase his interest in the quality and results of his work;
2. refuse those payments, which turned out to be ineffective, did not give the expected result.

Each indicator should be accompanied by specific criteria that contribute to individualization approach to how the work of an individual worker will be evaluated (qualitative and quantitative).

On the basis of an effective contract, there is a transition to wages that create opportunities for increase the incentive to improve the quality of work.

Learn more about an effective contract:

How to write an effective contract?

It must be borne in mind: in full, the contract is drawn up only for people initially applying for a job in this organization. In order to transfer employees working in it to a changing form of remuneration, it is required to conclude an additional contract with them. agreement.

You can download an example of an additional agreement to an effective contract with an employee of a preschool educational institution.

An effective contract (employment contract) is drawn up in a certain form, which was approved by the Government of the Russian Federation (see Order No. 2190-r dated November 26, 2012).

The statement contains the following information:

Sections of the agreement:

• In the first section ("General Provisions") the following items are mandatory:

1. For what position or profession the employee is hired, and it is indicated what exactly is charged to him as a duty.
2. In what structure/structures (if any) a person starting to work is registered.
3. The main or part-time job is for him this work.
4. For what time period is the contract concluded (as required by Article 59 of the Labor Code of the Russian Federation).
5. When does this agreement come into effect?
6. What date is the start time of the employee's labor activity in this organization.

In the second section listed what is included in the duty of an employee and what rights he can exercise.

In third- What is the right of the one who provides the work.

In the fourth The section deals with how the work of a newly hired worker will be paid:

1. the amount (in rubles) of the official salary / salary rate is indicated;
2. it is listed what payments that are in the nature of compensation will be received by the worker;
3. it is prescribed with what frequency and in what amounts payments will be made that are in the nature of an incentive (with reference to indicators and criteria for evaluating the performance of the employee).

The fifth section regulates work and rest time, the features of the working regime, the number of days of annual basic / additional (with an indication of the basis on which they are provided) paid holidays are indicated.

The sixth section describes how social support will receive a person who has started work.

The seventh section concerns other conditions labor contract.

The eighth section reveals what responsibility borne by the contracting representatives.

The ninth describes the possibility

the effectiveness of participation in events at various levels;

creative approach to the design of exhibitions dedicated to popular topics;

implementation of the work plan of the librarian and the library as a whole.

In social service

1. For intensive work or work completed with worthy results.
2. For the received certificate of a social worker, confirming the qualification.
3. For the performance of significant types of work.
4. A criterion is possible - payments for the specifics of activities in this social service institution.

For any employee budget organization criteria for an effective contract (an employment contract with him) are extremely important. After all, the labor income of the employee, as well as the social package, directly depends on the quality of the performance of the relevant specified indicators in his position. We tell how the criteria are set and what they are.

Criteria as mandatory terms of the contract

Since 2012, Russia has been implementing the Program for the gradual improvement of the wage system in state and municipal institutions approved by the Decree of the Government of Russia dated November 26, 2012 No. 2190-r. Among other things, it obliges to include in the content of an effective contract criteria for evaluating the performance of a given employee in accordance with accepted indicators.

The practice so far is such that often indicators and criteria for the effectiveness of an effective employee contract:

• underdeveloped;
• their application is formal.

Incentive payments are of low efficiency if the system of remuneration of employees of the institution has left WITHOUT specifying specific measurable parameters such criteria as:

• conscientious performance of duties;
• labor intensity;
• quality of work, etc.

This practice should be a thing of the past. Performance criteria in an effective contract must be specific and quantifiable.

In addition, the management of a budgetary organization is obliged not to stop there and constantly improve the system of criteria.

The aforementioned Program for the gradual improvement of the wage system in state and municipal institutions prescribes to clarify the criteria for evaluating the effectiveness of activities for each employee. It is when:

• the conditions for receiving remuneration are clear to both the management and the employee;
• criteria are not ambiguous.

EXAMPLE

One of the criteria for evaluating the performance of a manager when assigning incentive payments to him is the ratio average salary personnel of the institution headed by him for the duties assigned to them from all sources and the average salary for this region, taking into account the achievement of average indicators for certain categories of employees for each subject of the Russian Federation.

Establishment procedure

At the institution level, the criteria for evaluating the effectiveness of an effective contract are prescribed in an internal regulatory act. Usually - in the Regulations on wages. It can also be:

• collective agreement;
• agreements;
• employment contracts.

At the same time, the position of the trade union, another representative body of workers, must be taken into account.

The criteria for an effective contract are always determined taking into account the achievement of the goals and performance indicators of the institution itself.

Each state institution is supervised by the corresponding higher ministry or department. They also set the criteria for effective labor contract for your industry.

For example, the criteria for an effective contract in healthcare are enshrined in Order No. 696n dated October 31, 2014 (as amended in 2018) of the Russian Ministry of Health.

Here is a sample of criteria for an effective contract for a general practitioner:

№	Indicator	Criterion	Periodicity
1	Defects in the quality of medical care based on the results of inspections by the medical commission, higher and supervisory authorities	Absence / 1 or more	Every quarter
2	Justified complaints about the quality, volume of medical care, compliance with the dental aspects of the activity on the conclusion of the medical commission	Absence / 1 or more
3	Compliance of the quality of medical care with the established requirements (compliance with the timing of the examination of the patient, the volume and timeliness of diagnostic and therapeutic measures, etc.)	Compliance / Non-compliance
4	Coincidence of clinical and pathoanatomical diagnoses	Match/Divergence
5	Defects in the preparation of medical documentation, non-compliance with the deadlines for reporting	Absence / 1 or more

Below is an example of an effective contract criteria for the chief accountant of a medical institution:

№	Indicator	Criterion	Periodicity
1	Compliance with the requirements of budget and tax legislation, resolutions of the Government of the Russian Federation, orders of the Ministry of Health of Russia and other regulatory legal acts	Compliance / 1 or more cases	Every quarter
2	Compliance with reporting deadlines	Compliance/Non-compliance
3	No wage arrears	Compliance/Non-compliance
4	Unjustified receivables and payables	Absence / 1 or more
5	Defects in monitoring the timeliness and validity of write-offs of fixed assets	Absence / 1 or more cases