Now many enterprises budgetary sphere transfer their employees to the so-called efficient contract, a sample of which is presented below. The bottom line is that under this agreement, the payment of bonuses and the social package of a public sector employee directly depend on the quality of his work. An approximate version of such a document is enshrined in law.
What to follow
Since 2012, the Program for the gradual improvement of the remuneration system in government and government agencies has been in effect, approved by the Government of Russia. municipal institutions(Order No. 2190-r dated November 26, 2012). An example of an effective contract with employees is given in Appendix No. 3 to this Program.
Example of a contract
Below is full sample effective contract in 2019. Since it is approximate, of course, the leadership of a state or municipal institution can supplement or shorten it. However, we advise you to do this very carefully or not to go far from this form.
Sample form of an employment contract with an employee of a state (municipal) institution
___________________________ “__” ___________ 20__
(city, locality)
(name of the institution in accordance with the charter)
represented by ___________________________________________________________________,
(position, full name)
acting on the basis ________________________________________________
(charter, power of attorney)
Hereinafter referred to as
the employer, on the one hand, and ________________________________________,
hereinafter referred to as the employee, on the other hand (hereinafter referred to as the parties)
have entered into this employment contract as follows:
I. General provisions
1. Under this employment contract, the employer provides
employee work on ______________________________________________________________
(name of position, profession or
__________________________________________________________________________,
specialties indicating qualifications)
and the employee undertakes to personally perform next job in accordance with
terms of this employment contract:
___________________________________________________________________________
(indicate specific types of work that the employee must perform according to
employment contract)
2. An employee is hired:
__________________________________________________________________________.
(full name of the branch, representative office, other separate
structural unit of the employer, if the employee is hired for
work in a specific branch, representative office or other separate
structural unit of the employer indicating its location)
3. The employee works in a structural unit
employer ______________________________________________________________.
(name of non-separate department, department, site,
laboratories, workshops, etc.)
4. Working for an employer is for an employee: ______________________
(main, part-time)
5. This employment contract is concluded on: _________________________
__________________________________________________________________________.
(indefinite period, definite period (specify duration), for
lead time certain work indicating the reason (reason)
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. Start date “__” ____________ 20__
8. The employee is given a probationary period of ________
months (weeks, days) in order to verify the employee’s compliance with the assigned
II. Rights and responsibilities 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 standards regulatory requirements labor protection;
c) timely and full payment of wages, the amount and conditions for 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 and this employment contract.
10. The employee is obliged:
a) conscientiously fulfill his labor duties assigned to him by paragraph 1 of this employment contract;
b) comply with internal rules labor regulations the employer's labor protection and occupational safety requirements;
c) observe labor discipline;
d) take care of the employer’s property, including the property of third parties located at the employer, if the employer is responsible for the safety of this property, and other employees;
e) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property, including the property of third parties owned by the employer, if the employer is responsible for the safety of this property, and the property of other employees.
III. Rights and obligations of the employer
11. The employer has the right:
a) demand from the employee the conscientious performance of duties under this employment contract;
b) adopt local regulations, including internal labor regulations, requirements for labor protection and occupational safety;
c) bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;
d) reward the employee for conscientious, effective 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 the work stipulated by this employment contract;
b) ensure the safety and working conditions of the employee that comply with state regulatory requirements for labor protection;
c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;
d) pay the full amount of wages due to the employee on time;
e) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation;
f) familiarize the employee, upon signature, with the accepted local regulations directly related to his work activity;
g) perform other duties provided for by labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations and this employment contract.
IV. Salary
13. For the performance of labor duties provided for by this employment contract, the employee is established wage at the rate of:
a) official salary, wage rate ___________ rubles per month;
b) the employee receives compensation payments:
c) the employee receives incentive payments:
14. Payment of wages to an employee is made within the time frame and in the manner established by the employment contract, collective agreement and internal labor regulations.
15. The employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, collective agreement and local regulations.
V. Work time and rest time
16. The following working hours are established for the employee (standard hours of teaching work per salary) _____________________
__________________________________________________________________________.
(normal, shortened, part-time)
17. Working hours (working days and weekends, start and end times of work) 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 granted annual basic paid leave of ____________ calendar days.
20. The employee is granted additional annual paid leave of ______________ in connection with __________________________
__________________________________________________________________________.
(indicate the basis for establishing additional leave)
21. Annual paid leave (main, 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. The 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 under the conditions and in the manner established by _____________________________________________
__________________________________________________________________________.
(type of insurance, name of local regulation)
24. The employee is provided with the following social support measures provided for by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, industry agreement, collective agreement, this employment contract (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 job duties.
The employee must be familiarized with the list of information that constitutes a secret protected by law upon signature.
26. Other terms of the employment contract ___________________________________.
VIII. Responsibility of the parties to the employment contract
27. The employer and employee are responsible for failure to comply or improper execution assumed responsibilities and obligations established by the legislation of the Russian Federation, local regulations and this employment contract.
28. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employee may be subject to disciplinary action provided for by the Labor Code of the Russian Federation.
IX. Change and termination of an employment contract
29. Changes can be made to this employment contract: by agreement of the parties, when the legislation of the Russian Federation changes in the part affecting the rights, obligations and interests of the parties, on 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 (except for the labor function) for reasons related to changes in organizational or technological working conditions, the employer is obliged to notify the employee about this in writing no later than 2 months (Article 74 of the Labor Code of the Russian Federation).
The employer is obliged to notify the employee personally and against signature of the upcoming dismissal due to the liquidation of the institution, a reduction in the number or staff of the institution's employees, 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 an employment contract, the employee is provided with guarantees and compensation provided for by the Labor Code of the Russian Federation and other federal laws.
X. Final provisions
32. Labor disputes and disagreements between the parties regarding 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 for labor disputes and (or) the court in the manner established by the legislation of the Russian Federation.
33. To the extent 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 equal legal force.
One copy is kept by the employer, the second is given to the employee.
EMPLOYER EMPLOYER
______________________________________ ___________________________________
(name of organization) (full name)
Address (location) Residence address
Passport (other identification document)
TIN series No.
issued by
date of issue "___" ______
_____________ ___________ ____________ ___________________________________
(position) (signature) (full name) (signature)
The employee received one copy of this
employment contract
__________________________________________
(date and signature of the employee)
What is an effective contract and how does it differ from a regular employment contract? How to transfer employees to new uniform agreement? 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 effective contract, 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 reward 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 job description, and the conditions for incentive payments are in local acts organizations. 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 execution work" etc. Effective contract with research assistants(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 notice of the transition to new type document for two months;
- 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 guidelines on 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.
The new document is gaining popularity due to the opinion that the work activities of educational 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 teacher, indicators and criteria that allow assessing the effectiveness of work with the further goal of stimulating the results with additional payments, depending on the quality 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. Its Appendix No. 3 contains a sample form of an employment contract, which is required to be completed when switching to an effective agreement.
10 mistakes when switching to an effective contract
The transition to an effective contract is an actual change in the systems and levels of remuneration. At the same time, the practice of the last two years has shown that when transitioning to new remuneration systems budgetary organizations make mistakes. Some controversial situations have already been considered in the courts. From the article you will learn what mistakes your colleagues make and get recommendations on how to avoid them.
Background
By Decree of the President of the Russian Federation dated 05/07/2012 No. 597“On measures for the implementation of state social policy” The Government of the Russian Federation was instructed to adopt a program for the gradual improvement of the wage system for workers in the public sector of the economy, conditioning the increase in wages on the achievement of specific indicators of the quality and quantity of services provided. The goal is to preserve human resources and increase the prestige and attractiveness of professions in the public sector of the economy.
The program for the gradual improvement of the wage system in state (municipal) institutions for 2012–2018 was approved (hereinafter referred to as the Program for Improving the Remuneration System, Order No. 2190-r). It provides for the transition to a new system labor relations, which is based on the mechanism of an effective contract. This mechanism implies the inclusion in the employment contract with the employee of indicators and criteria for assessing the effectiveness of his activities in order to assign incentive payments depending on the results of work and the quality of services provided.
Federal executive authorities were instructed to approve recommendations for formalizing labor relations with employees when introducing an effective contract in terms of establishing indicators, criteria and conditions for incentive payments. The result of this assignment was Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n“On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” (hereinafter referred to as Recommendations for formalizing labor relations with an employee).
It was from April 2013 that state (municipal) institutions began to switch to an effective contract. The process should be completed by the end of 2018.
Let's consider typical mistakes, which are allowed by the heads of state (municipal) institutions when transitioning to an effective contract.
Mistake 1. Drawing up an “effective contract” document
An effective contract is not the name of a document, but a term that reflects the peculiarities of the content of an employment contract with an employee of a budgetary institution.
Labor relations arise between an employee and an employer on the basis of an employment contract ( Art. 16 Labor Code of the Russian Federation from 12/30/2001 No. 197-FZ, Further - Labor Code of the Russian Federation). The term "contract" in Labor Code of the Russian Federation not used at all.
ADVICE. Conclude a regular employment contract with the employees you hire - on terms that reflect the essence of an effective contract. For employees already working in the organization, register the transition to the new remuneration system additional agreement to an existing employment contract.
Mistake 2. Concluding fixed-term employment contracts to switch to an effective contract
Fixed-term employment contracts are concluded only if there are legal grounds for this. Therefore, when applying for a job at a budgetary institution, an employee, as a general rule, is hired for an indefinite period.
Some employers, when making changes related to new wage conditions, set the term of the employment contract. This is illegal for two reasons:
1. There are no objective grounds for changing the term of the employment relationship.
2. The type of contract - fixed-term or concluded for an indefinite period - is determined at the time of its conclusion.
ADVICE. Do not limit the term of the employment relationship by concluding an effective contract, unless there are grounds for this provided for in the Labor Code of the Russian Federation.
Error 3. Concluding an employment contract without adjusting the approximate form
In the Approximate form of an employment contract with an employee of a state (municipal) institution, approved. by order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r(hereinafter referred to as the Sample Form of an Employment Contract), not all conditions that should be included in an employment contract are listed. Therefore, it does not fully meet the requirements Art. 57 Labor Code of the Russian Federation.
Often employers understand Order No. 2190-r literally and are afraid to retreat from Sample form of an employment contract, losing sight of the fact that it obviously does not contain such conditions as place of work, working conditions in the workplace, guarantees and compensation for work under harmful and (or) dangerous working conditions, indicating the characteristics of working conditions in the workplace (if the employee hired in such conditions), etc.
At the same time, real employment contracts do not always include the conditions listed in Sample form of an employment contract:
1. Rights and obligations of the employee and employer
These provisions are included in the employment contract by agreement. Their absence is not considered a refusal to exercise these rights or fulfill these obligations.
2. Structural unit in which the employee will work
Indication of the specified place of work, including the structural unit and its location - additional condition employment contract.
3. Entry into force of the employment contract
Fixing this date is an exception. As a general rule, an employment contract comes into force from the day it is signed by the employee and the employer ( Art. 61 Labor Code of the Russian Federation).
4. Working time and rest time
Working hours and rest hours in mandatory is indicated only if for this particular employee it differs from general rules operating at the employer.
ADVICE. Include in the employment contract not only the provisions specified in Order No. 2190-r, but also prerequisites, defined Art. 57 Labor Code of the Russian Federation.
Error 4. Changing the terms of remuneration without specifying the labor function
First of all, an effective contract must specify the employee’s job responsibilities. Sample form of an employment contract involves indicating specific types of work that the employee must perform, and not just the name of the position, profession, or specialty.
Of course, job responsibilities can also be clarified in the job description by providing a link to it in the employment contract (information from the Ministry of Labor of Russia dated November 28, 2013 “Answers to questions from the Government of the Saratov Region on monitoring the implementation of Decrees of the President of the Russian Federation dated May 7, 2012 No. 597 “On activities for the implementation of state social policy”, dated June 1, 2012 No. 761 “On the National Strategy of Action in the Interests of Children for 2012–2017” and dated December 28, 2012 No. 1688 “On some measures for the implementation public policy in the field of protection of orphans and children left without parental care,” as well as the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012–2018, approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r ").
ADVICE. When switching to an effective contract specify job functions employee in an additional agreement to the employment contract.
The employee must be notified two months in advance:
About upcoming changes determined by the parties terms of the employment contract;
About the reasons that necessitated such changes.
Error 5. Lack of specification of wage conditions in the employment contract
An employment contract that meets the requirements of an effective contract must clarify the terms of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided ( clause 13 of the sample form of an employment contract).
The Russian Ministry of Labor, explaining the transfer of workers to an effective contract, recommends:
· fix in contracts the names of compensation payments, their size, and the factors determining their receipt;
· indicate in contracts the names of incentive payments, the conditions for receiving them, indicators and criteria for assessing the effectiveness of activities, frequency, and amounts of payments;
· not be limited to references to the provisions of local regulations governing the implementation of incentive and compensation payments (clauses 8 And 13 Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract, approved. by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n, hereinafter - Recommendations).
It is not necessary to indicate in the employment contract the amounts of all payments included in the salary. This conclusion follows from the literal definition of the concept of “effective contract” given by the Government of the Russian Federation. The only exception is the size of the tariff rate or salary (official salary) of the employee (Art. 57 Labor Code of the Russian Federation).
However, it is not enough to specify individual indicators and criteria for assessing performance in the contract. The amount of remuneration and incentives for achieving collective labor results must be established. In the Unified Recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of state and municipal institutions for 2015 (approved. by the decision of the Russian Tripartite Commission for the Regulation of Social and Labor Relations dated December 24, 2014) it is also said that the employment contract provides for the amount of compensation payments and the conditions for making incentive payments.
ADVICE. Indicate in the employment contract the amount (or calculation method) of all components wages.
Error 6. Criteria and indicators of employee performance have not been developed
Criteria and performance indicators are the basis for changes in the remuneration system for employees of state (municipal) institutions. Without their development and implementation, it is impossible to make changes to employment contracts and apply new conditions of remuneration.
Please note that the introduction of performance indicators and criteria is regarded by inspection bodies and courts as a change in organizational working conditions. This allows you to use the procedure for changing the terms of the employment contract determined by the parties unilaterally ( Art. 74 Labor Code of the Russian Federation).
ADVICE. Develop criteria and performance indicators for an employee before changing the wage clause in his employment contract.
Error 7. Transferring only the institution’s core staff to an effective contract
The legislation does not indicate that an effective contract is introduced for certain categories of workers. Which means new approach applies to wages for all employees working in state (municipal) institutions.
Thus, by virtue of Order No. 157n, the Recommendations can be applied when registering labor relations with all employees of the institution. In relation to each of them, the labor function, indicators and criteria for assessing the effectiveness of activities are specified, the amount of remuneration and incentives for achieving collective labor results is established (clauses 1 , 2 recommendations).
If criteria and performance indicators are not developed for all employees, but, for example, only for key personnel, the purpose for which new system wages for state employees will not be achieved.
ADVICE. Establish criteria and performance indicators for all employees of the organization.
Error 8. No changes are made to the collective agreement, a local regulatory act on wages
The transfer of workers to an effective contract through the introduction of performance indicators and criteria changes the wage system in state (municipal) institutions. By transferring workers to effective contracts according to the rules Art. 74 The Labor Code of the Russian Federation, as recommended by the Russian Ministry of Labor, employers forget about one thing important requirement. Changes to the terms of the employment contract determined by the parties should not worsen the employee’s position in comparison with the established collective agreement or agreements. Therefore, changes must first be made to the collective agreement.
The same is true for local regulations on wages. The employee’s salary is established by the employment contract in accordance with the current regulations. of this employer wage systems ( Art. 134 Labor Code of the Russian Federation). In turn, wage systems, including sizes tariff rates, salaries (official salaries), additional payments and allowances of a compensatory and incentive nature, as well as a bonus system are established by collective agreements, agreements, local regulations in accordance with labor legislation.
ADVICE. First, fix the change in the remuneration system (including indicators and criteria for employee performance, the frequency of their evaluation) in the regulations on remuneration (collective agreement) and only then draw up additional agreements to employment contracts.
Mandatory terms of the employment contract ( Part 2 Art. 57 Labor Code of the Russian Federation):
Place of work, place of work indicating a separate structural unit and its location;
Labor function;
Work start date;
The duration of the contract and the circumstances that served as the basis for concluding a fixed-term employment contract;
Terms of remuneration;
Working hours and rest hours (if different from the general rules in force for a given employer);
Guarantees and compensation for work under harmful and (or) dangerous working conditions, indicating the characteristics of working conditions in the workplace;
Conditions that in some cases determine the nature of the work (mobile, traveling, on the road, etc.);
Working conditions in the workplace;
Mandatory condition social insurance employee;
Other conditions in cases provided for by labor legislation.
Error 9. Violation of the notification procedure for changes in working conditions determined by the parties
Some employers provide employees with a notice “on the transition to an effective contract”, providing in it Negative consequences in case of refusal to sign an additional agreement to the employment contract. At the same time, it is not clear from the contents of the notice exactly what terms of the employment contract are changing.
To inform an employee about upcoming changes means to directly indicate in the notice what will change in the contract and what the new conditions will be. Failure to comply with this requirement may have negative consequences for the employer: from a fine for non-compliance labor legislation before the dismissal of an employee is declared illegal due to refusal to continue working in changed conditions.
ADVICE. In the notice of transition to an effective contract, indicate all changes to the terms of the employment contract.
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B. filed a lawsuit against the municipal budgetary institution<…>on reinstatement at work, recovery of average earnings for the period of forced absence and compensation for moral damage. B. held the position of a physical therapy nurse and was dismissed after refusing to continue working due to a change in the terms of the employment contract determined by the parties. B. wrote an application for annual paid additional leave of 12 working days. And was refused on the grounds that additional leave canceled in the organization. However, the plaintiff was not notified of such changes; the right to additional leave was provided clause 1.7 her employment contract. In the HR department, B. was offered to sign an additional agreement to retroactively change the terms of the employment contract determined by the parties. The plaintiff refused to do this, after which the deputy director threatened her with dismissal “under the article,” accusing her of refusing to sign an additional agreement. B. stated that she would sign the additional agreement, but on the actual date. The defendant’s representative did not admit the claims, pointing out that B.’s dismissal was made in full accordance with Art. 74 Labor Code of the Russian Federation. The change in the terms of B.'s employment contract was caused by a change in organizational working conditions in connection with the gradual improvement of wages in municipal institutions and the introduction of an effective contract. Two months in advance, all employees were notified of upcoming changes to the terms of the employment contract and their reasons. In addition, after special assessment working conditions, changes were made to B.’s employment contract regarding the abolition of annual additional paid leave for her position. The plaintiff refused to sign the corresponding additional agreement. She also refused the job social worker. After the employer fulfilled all the conditions stipulated by law, B. was dismissed. The court found that, according to the defendant’s internal labor regulations, physical therapy nurses were provided with additional leave - 14 calendar days (12 working days after converting them into calendar days). By order of the director of the municipal budgetary institution<…>The rules were approved in a new edition, according to which employees are granted basic leave annually, and the procedure for providing annual additional paid leave was declared invalid. The defendant approved the form of the employment contract that meets the requirements of an effective contract, and ordered the execution of additional agreements on changes by the parties to the terms of the employment contract. B. was notified of the introduction of an effective contract into MBU “K”, its features were explained to her. In an effective contract, in comparison with the previous terms of the employment contract, her job responsibilities, terms of remuneration, performance 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 social support measures were specified. In addition, B. was offered to draw up an additional agreement to the employment contract indicating specific changes and additions. However, the text of the notification did not say which terms of the contract would change. A conversation was held with B. that the institution had developed additional agreements to the employment contracts of all employees and introduced an effective contract. Additional agreements specify job functions, wages, number of vacation days and other conditions. B. refused to sign an additional agreement to the employment contract, about which a report was drawn up. The law provides for the possibility of changing the terms of an employment contract at the initiative of the employer. At the same time, the employee’s legal guarantee is to notify him of changes in working conditions in writing within the period established by law. Although the form of such a notice is not fixed, it is known that it must contain information about the specific conditions of the employment contract that are subject to change (the nature of the changes) and the reasons that caused these changes. The defendant did not provide evidence that the plaintiff was familiar with the text of the additional agreement to the employment contract two months before the date of its signing. The notice of change in the terms of the contract does not say what specific terms of payment will be changed. On this basis, the court concluded that the plaintiff was improperly notified of the upcoming changes to the terms of the employment contract and was dismissed in violation of the procedure established by law. B. was reinstated ( decision of the Oktyabrsky District Court of Penza dated August 28, 2014 in case No. 2–1748/2014). |
Error 10. Employees who refuse to switch to an effective contract are not offered a transfer
Employers explain this by saying that positions that could be offered to an employee also “transition” to an effective contract, which means there is no point in talking about them. But article 74 The Labor Code of the Russian Federation contains an imperative rule: dismissal is allowed only if the employee cannot be transferred to another job. It is your task, the employer’s, to prove the impossibility of the transfer.
ADVICE. Employees who refuse to switch to an effective contract, in in writing offer a transfer to another job.
In conclusion, we note that all attempts by workers through the courts to recognize the transition to an effective contract as discrimination in the labor sphere and a deterioration of their rights are unsuccessful. The courts confirm that budgetary institutions operate within the framework of the law and introduce remuneration systems, fulfilling the requirements of the President of the Russian Federation and the Government of the Russian Federation.
An employment contract and an effective contract are very similar concepts. Both of them regulate working conditions and the specifics of receiving payment for work. In addition, these concepts include social guarantees for employees and require the establishment of other significant circumstances.
A professional agreement and an effective contract are provided for by existing labor standards. Therefore, employers have the right to determine any form of relationship with staff that is convenient for them. At the same time, an effective agreement has many essential features. And for a better understanding of the issue, data character traits should be analyzed more thoroughly.
What is work under an employment contract in the effective contract format?
This format involves a detailed establishment of several important circumstances for the employee. At the same time, the basis for the existence of legal relations between the employer and employees is the employment contract. This is the main document that formalizes the agreement between the parties.
Among the features of this type of relationship, the main ones should be indicated:
- The reasons for awarding bonuses to employees should be specified in great detail. It is necessary not only to provide for their possibility, but to regulate them in detail. Employees must clearly know what results they must achieve in order to receive bonuses;
- it is also necessary to establish in detail and fix in the agreement harmful factors labor activity. Along with these factors, it is also necessary to describe questions about processing and its compensation. Anything that goes beyond the person’s normal activities must be specified in detail in the agreement;
- the presence of social guarantees is assumed by the Labor Code of the Russian Federation. But the law does not contain detailed rules that would establish social guarantees for all categories of workers. Therefore, an effective contract implies an indication of social guarantees for a particular position.
Thus, this form of relationship is a specification of the usual work agreement between an employee and an employer.
The difference between an employment contract and an effective contract
An effective contract is an employment contract with an employee that specifies all the main aspects of payment for work performed and the receipt of social guarantees.
Thus, these concepts in no way contradict each other. The fact is that the agreement is a general form of settlement of legal relations between the parties. And the specified contract makes it more detailed.
Therefore, they are concluded with employees in whose activities specific results or performance indicators are important. For example, they are often concluded with teaching staff, factory personnel and the like. manufacturing enterprises. This allows you to conveniently and quite simply evaluate the results of everyone’s activities.
Based on these results, the employer decides on the issue of bonuses for staff. In addition, employees are able to know exactly what their guarantees are.
Additional agreement to the employment contract on the transition to an effective contract - why is it concluded?
An additional agreement to the employment contract when switching to an effective contract is concluded in any case. This is necessary because it is not practical to draw up a new main agreement.
Accordingly, changes should be confirmed by an additional agreement. The specified administrative act allows you to formalize new conditions for crediting funds and rewarding personnel in the most convenient way.
The additional document sets out new bonus rules, lists and describes in detail guarantees for employees and reflects other important circumstances.
Sample form of an employment contract for an effective contract - sample
The HR service together with the accounting department is entrusted with concluding and developing regulations on personnel remuneration, and carrying out the transition to new operating rules.
For example, compensatory credits are not simply announced. They are described in detail. Their name, reasons for enrollment and possible sizes are established. In addition, it is necessary to sign what determines the purpose of a particular amount of compensation transfers.
Besides specified conditions, the procedure for granting paid or unpaid leave should be described. It is necessary to describe the circumstances on which the duration of leave and the timing of its provision depend.
This form is a standard form. This is an official sample document and can be used by all organizations of any organizational and legal form.