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Sample order when switching to an effective contract. Do I need to change the job description when switching to an effective contract? How to conclude an effective contract




By order of the Government of the Russian Federation dated November 26, 2012 N 2190-r, the Program was approved, which marked the transition to an effective contract in the social sphere. From now on, employers in the public sector (culture, healthcare, education) began to introduce an updated form of employment contract, designed to improve the quality of services provided and improve the system of remuneration for employees. The basis for such innovations in the organization is the corresponding order, the contents and features of which you will learn from the article.

What is an effective contract?

This is a type of employment agreement for public sector employees, which clearly stipulates:

Job functions of a specific employee;

A method for assessing the effectiveness of its activities;

Conditions of remuneration and reward system based on labor results;

Social support measures.

State reform pursues many goals, the main of which are to ensure a decent level of wages and increase the prestige of public sector professions, as well as improve the quality of the services they provide. When making the transition to this type of contract, the employer must focus on the following regulations:

Specific functionality of the employee;

Employee performance indicators and evaluation criteria;

The procedure for remuneration and incentive payments;

Information about social insurance and other support measures.

If the employee does not agree to work under the new conditions, the employment contract with him may be terminated in accordance with clause 7 of part 1 Art. 77 Labor Code of the Russian Federation.

Sample order for the introduction of an effective contract

Current legislation does not establish a unified form, however, it is recommended to indicate the following information in the document:

Name of the institution and details of the order (date, number);

List of regulations that caused the transition to a new payment system;

The composition of the commission that will develop performance indicators and criteria, as well as new employment contracts and additional agreements;

Indication of the need to conduct explanatory work with employees regarding the transition to new contracts;

Date of transition to effective contracts;

A person who controls the execution of an order in an organization.

Depending on the stage at which the order is issued, it may approve the indicators developed by the commission, the incentive procedure and the form of the new contract.

The order and all related documents (regulations on labor performance assessment and incentive payments, forms for new contracts, etc.) must be posted on the official website of the institution for review by all interested parties.

In 2012, the concept of an “effective contract” appeared in the Russian Federation. The reason for this was the adoption by the country’s authorities of an order that approved the algorithm for changing the remuneration system. The innovation concerns everyone who works in state and municipal institutions. The implementation of this program will be completed before 2018; its main goal is to improve wages. Let's look at what a notice of transition to an effective contract should look like and everything connected with it.

From this article you will learn:

  • How is the notification of the transition to an effective contract prepared?
  • what structure the notification should have;
  • what are the notice periods?
  • what type of sample notifications about the transition to an effective contract look like?

Notice of change to an effective contract is the main method by which an employer notifies its employees that a regular employment contract is being replaced. Therefore, it must be properly prepared and provided to employees.

Preparation of a notice of transition to an effective contract

The notification must describe in detail the essence of the changes, as well as indicate the date of their entry into force. According to current legislation, the notice must be given to employees who, after reading it, sign it. However, it must be provided in writing. Since oral notification of a replacement employment contract is prohibited by current legislation.

It is worth noting that absolutely all activities related to the introduction effective contract, must take place in an open manner. Each clause of the contract is discussed by the whole team.

What structure should the notification have?

As of today, a unified form of notification simply does not exist. For this reason, it is completely legal for companies to use free form.

It is also important that the composition of the notification itself is also not established by law. Despite this, there are requirements that need to be taken into account.

First and foremost, the notice must contain a detailed description of the new terms of the effective contract. There should also be a mark that explains the need to introduce these changes. A description of the reasons with reference to documents and laws is also an integral part of the notification. The text must contain information about the date the changes enter into force.

What are the notice periods?

In addition, in order to comply with the notification procedure, the employer must also comply with the notification deadlines themselves. According to current legislation, a legal entity is required to notify employees of upcoming changes two months in advance, and if the employer is a religious organization, then no later than seven days in advance. Since effective contracts do not concern the latter, in our case, the law allocates two months before the changes are made for notification of changes in the terms of the employment contract.

Samples of notice of transition to an effective contract

The position and full name of the employee must be indicated in the upper right corner:

_______________________________________

_______________________________________

(Full name, employee position)

In the center you should write the word:

Dear (full name)!

The notification text itself may look like this:

“According to Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy”, the Program for the gradual improvement of the remuneration system in the period from 2012 to 2018, approved by order of the Russian authorities dated November 26, 2012 year No. 2190-r, we warn you about changes in the terms of the employment contract in terms of clarifying and specifying responsibilities, performance assessment criteria for assigning incentive payments, payment terms, etc. The employment contract will be reissued in a new edition.

From October 29, 2016, you can continue working, but under new conditions. If you agree, the employment relationship with you will be continued, and the changes will be formalized using an auxiliary agreement to the employment contract.

If you do not agree, you will be offered another job. At the moment, the company has a vacant position (specify which one).

If you refuse the proposed job in writing, the contract will be terminated in accordance with the seventh paragraph of the first part of the seventy-seventh article of the Labor Code of the Russian Federation with the payment of severance pay in the amount of two weeks’ average earnings (according to the third article one hundred and seventy-eighth of the Labor Code of the Russian Federation).”

Head of the institution (full name, signature)

I have read the notice,

The first copy of the notification was received by:

_______________________________________

_______________________________________

_________ ____________________________ _______________________________________

Date Signature (full name, employee position)

Currently, the concept of an effective contract is present in legislative acts concerning the improvement of the payroll system for employees of budgetary and government organizations. An approximate form of an employment contract has also been developed - an effective contract.

The concept of an effective contract

An effective employment contract is a more detailed form of employment contract, which should describe not only the work function, but also the criteria for assessing the quality and payment of work.

This innovation affects only those organizations whose employees receive wages from the budget.

What is the difference between an effective contract and an employment contract?

The main difference between an effective contract and an employment contract is that the legislative norms governing it clearly indicate expanded requirements that are not found in Article 57 of the Labor Code of the Russian Federation. An effective contract form must include the following information:

  • Detailed responsibilities for each employee are in the text of the contract itself.
  • A detailed description of the system for calculating remuneration for labor depending on complexity, output, quality, etc.
  • All the criteria and standards by which the work of a person will be assessed are indicated.

An effective employment contract is a document that regulates labor relations between the parties, but it contains more information that protects the rights of the employee and encourages him to work better. It can be drawn up on the basis of an existing employment contract, but with the mandatory inclusion of the above requirements.

Transition to an effective contract

The introduction of an effective contract can be carried out as follows:

  • Signing a new developed form of an effective contract with newly hired people.
  • For those with whom an employment contract has already been concluded, the effective contract is not re-signed, but an additional agreement to the current document is drawn up and signed.

Before you start concluding new contracts, it is necessary to develop local regulatory documents that will regulate all new requirements, and the form of an effective contract must also be formulated and approved.

Introduction of an effective contract in education

One of the industries where these changes are now being actively introduced is educational institutions. The transition to an effective contract in education involves several mandatory activities.

Action plan for the transition to an effective contract

To begin with, an action plan for the transition to a new contract is developed and approved. It indicates what needs to be done in order to be able to include mandatory requirements in the form of a new contract. These may include:

  • Development of provisions on the calculation of incentive bonuses and criteria for their calculation.
  • The need to develop a form of contract or additional agreement for those already employed, etc.

The plan must indicate specific deadlines and those responsible for carrying out the activities.

Order to switch to an effective contract: sample

After all the necessary provisions are formulated and approved, an order is issued to switch to an effective contract in education. It is compiled in free form and can:

  • Approving an employment contract is a sample of an effective contract that will be used in the future.
  • Regulate the procedure for concluding additional agreements.
  • Regulate the procedure for notifying employees and familiarizing them with new local regulatory documents, etc.

As a rule, employees need to be warned about upcoming innovations, that is, familiarized with the order at least two months in advance.

Effective contract in education: sample filling

A sample of an effective contract in education can be downloaded below. Let's summarize. An effective contract is a form of employment contract that contains more detailed descriptions of the conditions, which necessarily includes information about the criteria by which incentive payments will be calculated for public sector workers.

When switching to an effective contract, is it necessary to issue: 1) an order on the transition to an effective contract, on the creation of a commission and performance indicators for each position (main order); 2) when compiling performance indicators, do incentive payments include: a bonus for length of service; 25% for the village; for work in theaters; payments for skill; rank allowance; management allowance; for complexity and tension; bonus 2%; payments for quality; as well as an additional bonus for general industry employees in the amount of 1280 rubles and an additional bonus of 10%? When drawing up an additional agreement, is it possible not to specify these indicators, but to indicate only the Regulations on the conditions of remuneration of employees? For example: “As an incentive payment, an employee is paid for the quality of work performed at the main place of work based on the results of work for a certain period of time. The amount, procedure and conditions for making the specified payment are determined in the manner established by the Regulations on the conditions of remuneration for employees of professional qualification groups of positions of employees culture, art and cinematography of state performing arts institutions of the Republic of Tatarstan, approved by Resolution of the Cabinet of Ministers of the Republic of Tatarstan No. 1072.3) issue orders to personnel for each employee indicating performance indicators? As a rule, we draw up an additional agreement with an employee who has an employment relationship. Do I need to change the job description when switching to an effective contract? How to properly prepare all these personnel documents.

Answer

Answer to the question:

When switching to an effective contract, is it necessary to issue:

1) order on the transition to an effective contract, on the creation of a commission and performance indicators for each position (main order);

Since the transition to an effective contract means a change in organizational working conditions, and therefore there is a change in the terms of employment contracts with employees, an order to switch to an effective contract should be issued. This order will determine the measures that are necessary in connection with the transition to an effective contract.

According to Section IV of the program, approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, the criteria, indicators and frequency of assessing the performance of employees of institutions are established local regulations of institutions, collective agreements, agreements, employment contracts and are determined taking into account the achievement of goals and performance indicators of the institution.

In order to implement the Decree of the President of the Russian Federation dated 05/07/2012. No. 597, Programs for the gradual improvement of the remuneration system in state (municipal) institutions for 2013-2018, approved by Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r, ....

I ORDER:

1. Notify employees ... about the transition to an effective contract in accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation within a period of .... (Responsible - …).

2. Create a commission for the transfer of employees to an effective contract... consisting of:

Chairman -...

The members of the commission are...

3. The commission shall, within… develop and approve:

Performance indicators and criteria for assessing employee performance;

The form of the employment contract, taking into account the Sample Form, approved. By Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r.

Form of additional agreement in connection with the transition to an effective contract

4. Transfer employees to an effective contract within…

2) when compiling performance indicators, do incentive payments include: a bonus for length of service; 25% for the village; for work in theaters; payments for skill; rank allowance; management allowance; for complexity and tension; bonus 2%; payments for quality; as well as an additional bonus for general industry employees in the amount of 1280 rubles and an additional bonus of 10%? When drawing up an additional agreement, is it possible not to specify these indicators, but to indicate only the Regulations on the conditions of remuneration of employees? For example: “As an incentive payment, an employee is paid for the quality of work performed at the main place of work based on the results of work for a certain period of time. The amount, procedure and conditions for making the specified payment are determined in the manner established by the Regulations on the conditions of remuneration for employees of professional qualification groups of positions of employees culture, art and cinematography of state performing arts institutions of the Republic of Tatarstan, approved by Resolution of the Cabinet of Ministers of the Republic of Tatarstan No. 1072."

Section IV of the program, approved by order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, states that an effective contract is an employment contract with an employee in which specified his job responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as measures of social support.

In accordance with paragraphs. 12 and 13 of the Recommendations, approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, “in the employment contract or additional agreement to the employment contract, the conditions for making payments provided for in paragraph 11 of the Recommendations are recommended to be specified in relation to a given employee of the institution.

It is recommended that the conditions for making incentive and compensation payments, as well as the provision of social support measures, be set out in the employment contract or an additional agreement to the employment contract in a form understandable to the employee of the institution and the employer, and to exclude ambiguous interpretation of these conditions. At the same time, it is not recommended to limit oneself only to references to the provisions of local regulations containing rules governing the implementation of incentive and compensation payments.

If any payments are established in absolute amounts (in rubles), It is recommended to indicate this size in the employment contract or additional agreement to the employment contract. The amount of payments established in percentages, points and other units of measurement, it is recommended to indicate in these units indicating the conditions, upon reaching which they are implemented.”

3) issue orders to personnel for each employee indicating performance indicators?

In our opinion, the issuance of such an order is not required, because indicators and criteria for assessing performance must be determined by the effective contract of each employee.

4) As a rule, we draw up an additional agreement with an employee who has an employment relationship. Do I need to change the job description when switching to an effective contract?

When switching to an effective contract employees who are already on staff must be notified of the upcoming change in their employment contracts at least two months in advance and additional agreements must be concluded with them in the manner prescribed by Article 74 of the Labor Code of the Russian Federation (clause 5 of the Recommendations approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n). For more information about this, see How to make changes to an employment contract if they are caused by a change in organizational or technological working conditions in the organization.

IN effective contract the employee’s job responsibilities must be specified (Section IV of the program approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r).

Therefore, job responsibilities must be defined directly in the employment contract.

If your employees’ responsibilities are determined by a job description, then this should be a job description drawn up not as a separate document, but as an annex to the employment contract. In this case, it is an integral part of the employment contract (Part 3 of Article 57 of the Labor Code of the Russian Federation).

Accordingly, if the employee’s responsibilities are defined by job descriptions drawn up in the form of a separate document, then they can be canceled by a free-form order and the job descriptions can be drawn up as an annex to the employment contract or the duties of the employees can be included directly in the employment contract.

If job descriptions are drawn up as an appendix to an employment contract, then when specifying job responsibilities, changes must be made to them by drawing up an additional agreement, because there is a change in the terms of the employment contract.

How to properly prepare all these personnel documents.

For more information about an effective contract, see http://budget.1kadry.ru/#/document/130/51223/

For the notification form about the transition to an effective contract, see http://budget.1kadry.ru/#/document/118/24104/

For an approximate form of an employment contract with a government agency employee (effective contract), see http://budget.1kadry.ru/#/document/140/12741/

A sample additional agreement in connection with the transition to an effective contract, see http://budget.1kadry.ru/#/document/118/24105/

Details in the materials of the Personnel System:

1. Answer: How to specify an employee’s labor function when implementing an effective contract

When implementing an effective contract, it is necessary to specify the labor functions of employees. A labor function is work in a position in accordance with the staffing schedule, profession, specialty, indicating qualifications, or a specific type of work entrusted to the employee (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation). When establishing job functions, it is recommended to use job responsibilities established for the corresponding position in professional standards, and if the standard has not yet been developed, then in qualification reference books. This is stated in paragraph 10 of the Recommendations, approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n.

Such specification is necessary so that employees clearly understand what job responsibilities are assigned to them and for which functions they will be able to receive appropriate additional payments if they achieve the established indicators.

Nina Kovyazina,

2. Answer: How to specify the terms of payment for an employee when introducing an effective contract

When implementing an effective contract, it is necessary to specify the terms of payment for employees, in particular the conditions for calculating incentive and compensation payments.

Examples of such payments may include:

1) payments for intensity and high performance results:

 bonus for labor intensity,

 bonus for high performance results, including achievement of certain indicators,

 bonus for performing particularly important and responsible work, including indicating specific types of work;

2) payments for the quality of work performed:

 bonus for having a qualification category,

 bonus for exemplary performance of a state or municipal task;

3) payments for length of continuous work, length of service:

 bonus for length of service,

 bonus for continuous work experience;

4) bonus payments based on work results:

 bonus based on the results of work for the month,

 bonus based on performance results for the quarter,

 bonus based on work results for the year;

5) payments to employees engaged in work with harmful or dangerous and other special working conditions;

6) payments for work in areas with special climatic conditions:

 regional coefficient,

 coefficient for work in desert and waterless areas,

 coefficient for work in high mountain areas,

 bonus for work experience in the Far North and equivalent areas;

7) payments for work in conditions deviating from normal, that is, when performing work of different qualifications, combining professions or positions, expanding service areas, increasing the volume of work performed, overtime work, working at night and when performing work in other conditions that deviate from normal:

 additional payment for combining professions or positions,

 additional payment for expanding service areas,

 additional payment for increasing the volume of work,

 additional payment for performing the duties of a temporarily absent employee without release from work specified in the employment contract,

 additional payment for performing work of various qualifications,

 additional payment for night work;

8) an allowance for working with information constituting state secrets, their classification and declassification, as well as for working with codes.

All these payments should be prescribed taking into account the norms of existing local acts and collective agreements, which relate to systems of payment and labor standards, working conditions based on the results of a special assessment, working hours and rest time, etc.

At the same time, you should not limit yourself to only links to local documents. An effective contract or additional agreement must clearly state the specific amounts and terms of payments so that they are clear to both the employer and the employee and avoid ambiguous interpretation.

The amounts of incentive and compensation payments can be provided in absolute values, rubles or in percentages, points and other units of measurement.

This follows from the provisions of paragraphs 11 and 13 of the Recommendations, approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Natalya Nikonova,

HR System expert

What is an effective contract and how does it differ from a regular employment contract? How to transfer employees to the new form of contract? We will tell you what “efficiency” means and how to properly prepare documents.

In 2012, the Government of the Russian Federation adopted a program for the gradual improvement of the remuneration system for employees of government institutions: doctors, scientists, teachers, etc., designed until 2019 (Order of the Government of the Russian Federation dated November 26, 2012 N 2190-r). One of the most important points of the program is an effective agreement, or contract (EC) with employees. The purpose of this document is to make remuneration as reasonable and fair as possible by establishing individual motivating performance indicators and incentive criteria for each employee.

How does an EC differ from an employment contract?

An EC is the same effective employment contract, but more detailed and detailed, as follows from Order No. 2190-r. The EC must contain the following conditions:

  • a specific job function and a detailed list of job responsibilities;
  • terms of remuneration, incl. incentive payments;
  • indicators and criteria for assessing performance in relation to incentive payments;
  • the amount of incentives for collective labor results;
  • social support measures.

Typically, an employee’s responsibilities are specified in the job description, and the conditions for incentive payments are specified in the organization’s local regulations. Clause 13 of the Recommendations of the Ministry of Labor on formalizing the transition to EC (approved by Order No. 167n dated April 26, 2013) states that one should not limit oneself to referring to the organization’s LNA on issues of compensation and incentive payments, and it is proposed to formulate employee productivity criteria in points, percentages and so on.

You should not use vague formulations like “conscientious performance of duties,” “labor intensity,” “high-quality performance of work,” etc. An effective contract with researchers (2017), as well as with medical staff, teachers and other government employees, must be as specific as possible, otherwise it will contradict Order No. 2190-r.

Transition to an effective contract

The procedural aspects of the transition to EC are reflected in the Recommendations of the Ministry of Labor, approved. by order No. 167n dated April 26, 2013. This can be done in two ways:

  • in order Art. 74 Labor Code of the Russian Federation by sending employees two months' notice of the transition to a new type of document;
  • in order Art. 72 Labor Code of the Russian Federation by signing additional agreements with employees to previously concluded contracts.

With new employees, you can immediately enter into an EC.

An approximate form of an employment contract (effective contract) is contained in Order No. 2190-r (Appendix No. 3) (the template can be downloaded at the end of the article). Some departments, both at the federal level (Ministry of Health, Ministry of Culture) and at the level of constituent entities of the Russian Federation, have adopted methodological recommendations for the development of performance criteria. Accordingly, your institution should consider these recommendations from above and further develop its indicators. In this regard, many institutions issue regulations on an effective contract, reflecting in it the criteria for evaluating employees specific to a particular organization and the methodology for calculating incentive payments. In addition, all the nuances of employee payments are usually reflected in such local regulations as the Regulations on Remuneration and the Collective Agreement. All these documents must be updated in a timely manner (changes must be made to them), then the inspectors of the State Labor Inspectorate will not have any complaints during any inspection: scheduled or unscheduled. Practice shows that all documentation containing information about payments is the most favorite object of inspection by State Tax Inspectorate inspectors.

We prepare documents

After your institution has developed and approved performance indicators and forms of contracts with employees, you should issue an order to transfer to EC. Be sure to refer to Order 2190-r, because it is precisely those “other reasons” that are mentioned in Part 1 of Art. 74 Labor Code of the Russian Federation.

Sample order to switch to an effective contract:

If the institution has already introduced indicators in the corresponding regulation on EC, the order must refer to this provision.

Now, based on the order, we notify employees.

Sample notification of the introduction of an effective contract.