An effective contract for a teacher organizer in an orphanage. Effective contract in education: form, sample completion, criteria, implementation and system

In 2019, there may be an agreement with teachers efficient contract, as with a public sector employee. It performs functions labor agreement, allows you to establish labor standards, responsibilities, salary levels, and reflects other conditions.

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But this document, the meaning of its content, has its own differences. Therefore, it is important for all personnel officials to know about the rules for creating an effective contract and the procedure for execution. It is also imperative to distinguish this document from others standard documents, understand why it is called “effective”.

What it is

An effective contract (hereinafter referred to as EC) is an employment contract with an employee, supplemented and expanded by significant terms, conditions and criteria. The document fully and completely withstands criticism of Article 57 of the Labor Code of the Russian Federation and other fundamental legislative norms. Therefore, it is not considered something new among the circulation of employment agreements.

These concretization concepts may include:

In 2019, the government is encouraging the government, through the Ministry of Education, to conclude such an agreement with representatives of the budget service. Each human resources department must have a properly developed employment contract with the teacher.

It is not a unified form. To create such a document, a standard employment agreement is used.

The main things that should be reflected in an effective contract compared to what it was before 2012:

The employment of employees of a budgetary educational institution on the basis of an effective contract has its own advantages and disadvantages:

Rules for drawing up a document

The document is drawn up on the basis of a regular employment agreement. But only in it do new criteria and possibilities unfold in detail.

The form of the form is approved as approximate by Appendix No. 3, which is included in the Improvement Program for the steps of the remuneration system for teaching work. The program for improving earnings in education was adopted on the basis of Order of the Government of Russia No. 2190-r dated November 26, 2012.

Basic rules for drawing up an effective contract for teachers:

How to apply

By order of the Ministry of Labor Russian Federation No. 167n dated 04/26/13 instructions were given on how to correctly register a teaching employee on a new contract basis:

Go to new system remuneration for the work of teachers in Russia now makes it possible to pay such workers not so much for their level of education, but for the work already done and the result to which it brings the entire team closer.

Features of payments under an effective contract lie in close interaction with assessments of the effectiveness of achievements. All details of functions and assessments of the results of a teacher’s work activity must be specified in the text of the contract.

The new document is gaining popularity due to the opinion that work activity Education workers will no longer be associated with low pay or low prestige. Its goal is to set salaries at a level that corresponds to the quality of teachers’ work and is at a sufficient level in comparison with other areas, and the system itself does not worsen the level of education, nor does it 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 an agreement whose subject is the working relationship with employees of the educational sector. The document describes in detail everything job responsibilities teachers, indicators and criteria that allow assessing the effectiveness of work with the further goal of stimulating them with additional payments based on the results, depending on the quality of municipal services. Measures of social support for workers are also described.

Required components:

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

All areas of public provision are required by law to switch to effective contracting. 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 notification of the state of affairs must be provided to employees the day before.

First of all, in every state. Institution management, in tandem with the trade union, must develop the necessary performance criteria. Simply notifying the trade union is not enough; without its participation, the employer does not have the right to develop it independently.

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

Transition to an effective contract in education - transition timing

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

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

Effective contract in education - sample filling

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

• Sample of an effective contract in preschool education download for free
• Download a sample of filling out an additional agreement in preschool education

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

Regulations 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 can be downloaded for free

One of the main documents listed above is the Program for the gradual improvement of the remuneration system, which began to operate in 2012. In her Appendix No. 3, approximate form employment contract, which is required to be completed when switching to an effective agreement.

This concept appeared in Russian labor law five years ago, so it can’t be called new. The term was introduced into use by Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, which approved the Program for Improving the Remuneration System for State Employees. In fact, this is a standard employment contract drawn up in accordance with Article 57 of the Labor Code of the Russian Federation, which spells out in more detail some conditions that relate to:

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

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

First steps towards efficiency and regulatory framework

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

• Decree of the President of the Russian Federation dated 05/07/2012 No. 597;
• Government program“Development of Education” for 2013-2020, approved by Order of the Government of the Russian Federation dated May 15, 2013 No. 792-r;
• a program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r;
• Order of the Ministry of Labor of Russia No. 167n dated April 26, 2013;
• letter of the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02 (efficiency indicators in educational institutions).

In addition, legal regulations of subordinate state and 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 into line with new conditions, that is:

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

To implement the last point, you need to apply the recommendations of the Ministry of Education from letter No. AP-1073/02. In particular, an effective contract with a teacher may include the following indicators:

The choice of specific items depends on the teacher’s qualifications, experience and area of ​​activity. Therefore, let’s take a closer look at a sample of an effective contract with a school teacher.

Structure and functions of an effective contract

When drawing up a regular employment contract, the employee’s responsibilities are approved job description, and the conditions for incentive payments are for local normative act organizations. The Ministry of Labor recommends that when drawing up an effective contract, you should not limit yourself to a reference to the order on compensation and incentive payments, but write them directly in the document along with the criteria for labor productivity. These criteria must be assessed in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will only receive a guaranteed official salary (rate), and all other incentive payments will be accrued only if his work meets the accepted in an educational institution, labor efficiency indicators.

The structure of the document will look like this:

1. Place of work. If the teacher works in a branch, representative office or other separate division, you should write down both the address of the main institution and the name of the unit with its location.
2. Labor function (indicating qualifications, position and specialty).
3. Terms of remuneration.
4. Work and rest schedule.
5. Duration of annual paid leave.
6. Social support measures.
7. Other conditions determined by the specifics of the educational organization.

Labor function

The main challenge in developing such a document relates to the definition of measurable performance indicators. These indicators need to be carefully considered and, where possible, tested. It is necessary to indicate directly in the text of the document the job responsibilities (Article 21 of the Labor Code of the Russian Federation), as well as the system of work requirements arising from the requirements for the activities of the institution itself. All job responsibilities must also comply with the approved professional standard for the given profession. It might look something like this:

Salary

Working hours and social support

Among other things, the EC must include measures of social support guaranteed to the teacher. Usually, we're talking about on compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides additional social protection, this should also be indicated. It is necessary to specify in the EC the duration of the working day, week, conditions for being hired to work on weekends, and guaranteed annual paid leave.

Drawing up an effective contract or additional agreement

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

• immediately at the time of employment;
• in the form of an additional agreement with those employees who are already in an employment relationship with the organization.

The transition to an effective contract with a teacher and the accompanying amendments to the employment contract are carried out in the manner prescribed by Article 74 of the Labor Code of the Russian Federation. This article allows for changes to the terms of the employment contract related to organizational issues by unilateral decision of the employer. However, it is imperative to notify each employee of this in writing at least two months before registration. If the teacher refuses to continue working under the new conditions, then the employment relationship with him can be terminated in accordance with clause 7 of Art. 77 of the Labor Code of the Russian Federation. In this case, two weeks must be paid severance pay(Article 178 of the Labor Code of the Russian Federation).

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 outlines his job responsibilities, all conditions for remuneration, indicators and criteria for assessing performance his work, conditions for receiving bonuses, as well as social support measures. Thus, an effective contract links wages in the public sector with the performance results of both a specific employee and the public organization as a whole.

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

For each position, the contract must specify:

• responsibilities;
• indicators and criteria for assessing the effectiveness of activities;
• salary;
• additional incentives for achievements.

• wage system (official salaries, wage rates, additional payments, allowances, etc.);
• labor standardization system;
• working conditions based on the results of the special assessment;
• working hours;
• 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 such an agreement is the need to develop clear performance indicators that can be easily measured. You also need to build universal system requirements for all employees, it should follow from the requirements for the activities of the budget organization itself. These requirements are provided for in state and municipal assignments and other similar documents.

If this is not done, you will end up with a regular employment contract, only a very voluminous one. It will not provide the desired effectiveness.

How to implement

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

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

Stage 2. Change to internal rules labor regulations, on bonuses, incentives and compensation 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 employment contracts, and indicate all 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 comply with all the requirements of the Labor Code of the Russian Federation. The first step is to send the employee written notice no later than two months. To sign an additional agreement to employment contract, it is not necessary to wait until the end of this period. If the employee refuses, you must offer him in writing another position, including a lower paid one. At the same time, it is important that the employee’s qualifications and experience allow him to occupy it (Part 3 of Article 74 of the Labor Code of the Russian Federation). However, if state-financed organization 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 issued