An effective treaty has been proposed by the Russian Government. The program of gradual improvement in state (municipal) institutions for 2012 - 2018 established an approximate form employment contract(approximate form of an effective contract) with an employee of a state (municipal) institution.
An effective contract is, first of all, an employment contract with an employee, in accordance with which the conditions for receiving remuneration must be clear to the employer and employee and not allow for double interpretation. As follows from the approximate form of an effective contract, an effective contract should clarify and specify labor function each employee, indicators and criteria for assessing the effectiveness of his activities, the amount of remuneration is established, as well as the amount of incentives for achieving collective labor results.
Also, an effective contract must specify the employee’s job responsibilities, terms of remuneration, indicators and criteria for assessing performance in order to assign incentive payments depending on the results of work and the quality of government (municipal) services provided.
The approximate form of an effective form suggests that it should reflect measures of social support for the employee.
Appendix No. 3
to the Phased Improvement Program
wage systems in state (municipal)
institutions for 2012 - 2018
Approximate form
employment contract
with an employee of a state (municipal) institution
___________________________ "__" ___________ 20__
(city, 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
_________________________________________________________________________,
(FULL NAME)
hereinafter referred to as the “Employee”, on the other hand (hereinafter referred to as the parties), have entered into this employment agreement as follows:
I. General provisions
1. Under this employment contract, the employer provides the employee with work on _______________________________________________________________________
(name of position, profession or specialty indicating qualifications)
and the employee undertakes to personally perform next job in accordance with the terms of this employment contract:
___________________________________________________________________________
(indicate specific types of work that the employee must perform under the employment contract)
2. An employee is hired: _____________________________________________
__________________________________________________________________________.
(full name of the branch, representative office, other separate structural
divisions of the employer, if the employee is hired in a specific branch,
representative office or other separate structural unit
employer indicating his location)
3. The employee works in the structural unit of the employer _______________________________________________________________________________.
(name of a non-separate department, department, site, laboratory, workshop, 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 the duration of execution
specific work indicating the reason (grounds) for concluding a fixed-term employment contract
in accordance with Article 59 Labor Code Russian Federation)
6. This employment contract comes into force on "__" __________ 20__.
7. Start date "__" ____________ 20__
8. The employee is given a probationary period of ________ months (weeks, days) in order to verify the employee’s suitability for the assigned work.
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 regulatory requirements for 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) comply 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, against signature, with the adopted 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 herein
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 wage) _____________________________________________
__________________________________________________________________________.
(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 regime 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 mandatory 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.
The employee received one copy of this employment contract
__________________________________________________________________________
(date and signature of the employee)
Comments 140
Please send me an agreement for an effective contract by email. mail, [email protected] We're moving on March 1st, I've been working for 2 weeks
I need exactly this kind of employment contract
Please send me the additional agreement form [email protected]
Why don’t you go back to school if it’s so good and the pay is decent?
Please be kind and send me additional information. email agreement [email protected]. thank you in advance.
And please send me the contract.
Baziakina @ yandex.ru
Agree! This is simply to squeeze an individual into additional agreements. In our institution there is no constant percentage of incentive payments; the additional payment changes every month based on the employee’s performance. An order is issued, and if additional payments are made every month. agreements... nonsense
This concept appeared in Russian labor law five years ago, so it cannot 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;
- concepts of incentive payments depending on results labor activity.
The transition to a new remuneration system in an educational institution should ensure a decent level of salaries for teachers and other educators. Therefore, in the contract its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the performance indicators of the entire educational organization. Go to efficient contract in education should be gradual, and final 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 regulatory documents, which must be used to guide the development and implementation of an effective contract, for example:
- Decree of the President of the Russian Federation dated 05/07/2012 No. 597;
- state 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 acts of subordinate state and municipal educational institutions approved by the authorities are applied local government for specific cases and branches of education. It is important to understand that any educational organization must bring its activities into line with the new conditions, that is:
- Eliminate incentive payments for indicators that are uncertain. Therefore, employment contracts should not contain vague wording such as “fair performance of duties.”
- Do not consider incentive payments, which are actually a guaranteed part of the salary.
- Divide the wage fund established in the organization into two parts: guaranteed (official salary) and stimulating (payment for outstanding performance).
- 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:
| Actions of teachers | Performance indicators |
| Implementation of extracurricular projects with students (excursions, distance learning educational projects, circles and sections) | Number of organized events involving at least 5 students |
| Organization systems research, monitoring individual student achievements | Maintaining and monitoring a portfolio of individual student achievements |
| Dynamics of individual educational results of students (based on test and certification results) |
|
| Organization of joint events with parents of students | Number of events held together with parents |
| Participation of students in competitions, olympiads, competitions, etc. | Number of participants at the school, district, city, region, country level |
| Participation in collective pedagogical projects, scientific and methodological work | Speeches at teacher councils, seminars, conferences, number of publications, etc. |
| Participation in the development and implementation of the main educational program | Participation in the development of a section, subprogram, creation of an author’s course |
| Implementation of health promoting educational space | Number of physical education, health and sports events, lack of comments on compliance with SanPiN |
| Working with children from disadvantaged families | Disadvantaged pupils involved in social life class, school, their participation in competitions, competitions, olympiads |
| Creation of educational infrastructure elements | Classroom equipment aimed at improving the quality of education |
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 by the job description, and the conditions for incentive payments are approved by the organization’s local regulations. 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:
- 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.
- Labor function (indicating qualifications, position and specialty).
- Terms of remuneration.
- Work and rest schedule.
- Duration of annual paid leave.
- Social support measures.
- 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. As a rule, we are talking about compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides additional social protection, this should also be indicated. It is necessary to 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
You can formalize the labor relations of education workers according to the new rules:
- 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).
An effective contract in education is a programmatic government initiative to increase the wages of teaching staff according to the quality of their work. An effective contract is an addition to the employment contract and implies the development of performance criteria for each specialist.
The Department of Budget Policy recorded that the number of public sector employees over the past five years has decreased by 8%, while the opposite trend is observed proportional dependence: the higher the costs in this area, the slower the quality of educational services improves. Thus, the emergence of an effective contract was initiated - an additional agreement concluded with teaching staff.
Keep this for yourself so you don't lose it:
In the magazine "Handbook for the Head of an Educational Institution" you can find out all the details about: - How to avoid common mistakes when switching to an effective contract (IMPORTANT) In the magazine "Handbook for a Deputy Head of School" you will be given good advice, about: - How to change the school curriculum from 2019 taking into account the new Federal State Educational Standards (expert recommendations)
The innovation is dictated by:
- national economic policy;
- the desire to stimulate self-education, self-development of teaching staff and increase their labor efficiency;
- desire to optimize costs in budgetary sphere;
- systematic increase in teachers' salaries.
The additional agreement was caused by a program initiative linking the wages of public sector workers to the quality of the services they provide.
Effective contract at school
For the first time, people started talking about increasing wages for public sector employees according to their efficiency and volume in the early 2000s, but the first steps in this direction were taken only in 2012. The state program for the gradual improvement of the principles of calculating remuneration for teaching staff, introduced in 2012, is designed for six to seven years. It was planned that by 2018 the new contract would be widely implemented in educational institutions middle management
So far, the contract initiative has received mixed reviews and conflicting reactions. According to one version, the number of teachers who are satisfied with their work and their pay has halved, and the well-being of every 10 teacher not only has not improved, but has even worsened. According to another, the level of well-being of teaching staff has nevertheless increased due to the introduction of the new concept, and the number of teachers who want to change jobs has decreased by 1.5 times. Experts predict that the implementation of the system will require 2-3% of Russian GDP by 2020, which could become a big problem for the country's economy.
The regulatory framework of the issue includes a number of sufficient documents, including the state program “Development of Education” for 2013-2020 and an action plan. Unfortunately, administrators and teachers often do not have a complete understanding of how to implement an effective contract in education.
The national policy towards creating a system of competitive salaries provides for the transition to an effective contract, first of representatives of the school administration and his teaching staff, and then educational (librarian, electronics specialist, teacher additional education), and service personnel (watchman, plumber, electrician). There is an opinion that the program initiative was introduced to make the teaching profession more prestigious and thereby attract young personnel to educational institutions. The effectiveness of the innovation will only be proven in practice and with the correct preparation of the document.
From the above it follows that an effective contract is a type of employment contract with an employee in the educational sector, regulating:
- terms of remuneration;
- job functions;
- criteria for checking labor efficiency;
- the quality of services provided by the teacher;
- social support measures.
Effective contract in education: what is it?
The contract initiative is that:
- The agreement does not cancel the employment contract or change its terms as a form of implementation labor relations.
- The employer sets the terms of the contract agreement.
- Provided through financial incentives and financially.
- An additional agreement is concluded by a group of persons or a specific employee.
- Does not act as an incentive payment for all teaching staff.
It requires the elaboration of many provisions and semantic issues regarding the organization and content of the educational process.
What distinguishes an effective contract from an employment contract is its specificity job responsibilities and payments accordingly, as well as details of incentive payments. In the contract agreement, the concept of “performance indicators and criteria” appears, which lawyers do not attribute to changes in technological and organizational working conditions. Consequently, the document lists payments that, according to the specified criteria, will be stable and regular. The government initiative has its positive and negative aspects.
All participants educational process must understand what an effective contract in education is. The program initiative assumes that:
- Educational institutions will choose guidelines regarding performance indicators for the implementation of government assignments.
- A structured and logical form of an effective contract will be drawn up, which will be devoid of dual interpretation, and each participant will be clearly aware of the standards set before him. Updated labor agreements will be adapted to the program, reflecting the employee's functions, evaluation criteria and payment system.
- Particularly important are the material and human resources that are necessary to achieve the set labor quality criteria. If the criteria require in-depth study in English, the school must have appropriate books, electronic resources, tables; if we are talking about physical education, the gym must be equipped with the necessary inventory and equipment.
Education requires the signing of an agreement between the employee and the employer, which is carried out by:
- when hiring, an employment contract is concluded that meets the requirements of the Labor Code of the Russian Federation;
- An agreement is concluded with teachers who are already in an employment relationship at this educational institution, supplementing the employment contract (and the employee is notified no later than two months in advance about changes in the terms of the employment contract).
As criteria and performance indicators for the performance of labor functions are developed, it is recommended to conclude additional agreements that will determine the conditions and amounts of incentive payments. This process, according to the Program, should be carried out in 2016-2018 - until the end current year. The additional agreement is concluded in writing in two copies, so that one of them is kept by the employer, and the second is received by the employee against signature.
Sample of an effective contract with teaching staff 2018-2019
According to Art. 72 of the Labor Code of the Russian Federation, amendments to an employment contract are made by mutual consent of the parties if they do not worsen the working conditions and position of the employee compared to what is established by agreements and collective agreement.
Regulatory aspect of introducing an effective contract
The difficulties of implementing a new policy of payment for services begin with the fact that in the Russian legislative framework The concept of “effective contract”, which is more often used by representatives of the media or departmental structures, still does not appear. However, the definition of a program initiative is given in the Program for the gradual improvement of the remuneration 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.
Experts believe that the new agreement is designed to structure labor relations, cementing the relationship between the quality of teaching and remuneration. The document regulates the labor relations between the teacher and the administration of the educational institution, provided that in the employment contracts the founder approved the control of work efficiency in the presence of a government order, and the employer, in turn, approved:
- a system of teachers to evaluate the quality and quantity of work;
- principles of remuneration taking into account the complexity, quality and quantity of labor expended;
- Features of rationing the work of teachers.
Lawyers agree that the contract program initiative complies with Art. 57 of the Labor Code of the Russian Federation, but is not new legal form a pre-existing employment contract. At the legislative level, the transition of an employment contract to an effective contract in education is mentioned in Art. 74 Labor Code of the Russian Federation. Changes are possible unilaterally at the initiative of the employer, if this does not change the employee’s labor functions, but only the technological or organizational working conditions. In this case, the employer must justify the inevitability of introducing changes, indicate their reasons (a reference to the Program for Improving Remuneration is acceptable).
The principles of the new state policy are reflected to a greater extent in the adjustment of the payment system. It is important to understand that the above article of the Labor Code does not regulate such a transition. main reason- provisions of the Program for Improving Remuneration, which affects the system for assessing the performance of specialists in government agencies.
Document drafting: development of performance criteria
The text of the agreement on an effective contract is not standardized at the federal level, which is why heads of educational institutions have difficulty drafting the document. Methodists recommend:
- Draw up a document so that the various criteria for an effective contract in education are balanced, otherwise the teacher will have to focus on only one aspect of the activity that meets the stated criteria, and important tasks will be missed. Key criteria should be highlighted in proportion to their importance.
- It is necessary to specify quality indicators as much as possible so that they do not look abstract and are not interpreted ambiguously. At the same time, it is not at all necessary to equate these indicators to numbers and values (the number of excellent grades for a quarter or the number of completed extracurricular activities). It is better that the criteria are formulated in such a way that the effectiveness of work is determined (for example, that there are no failures in the class, that all homework is completed).
- Indicators that can be verified and evaluated. You should not consider the friendliness or openness of the lesson atmosphere as a criterion for effectiveness; it is better to replace it with a more substantive one, for example, the use of psychophysical relaxation methods.
When developing criteria, it is necessary to take into account the local parameters and tasks that are assigned to a specific institution, but not to get carried away with localization, so as not to complicate the work of inspection bodies that are forced to pay increased attention to such an institution. It is impossible to conclude an additional agreement without developing performance criteria.
The head of the educational institution evaluates how much time the teacher spends on performing his functions, how complex his work is, and then sets criteria for time and assessment of the quality of work. The factor determining the amount of remuneration is labor efficiency. The Ministry of Labor has put forward recommendations for developing criteria. The following should be taken into account:
- to what extent the teacher observes labor discipline and follows the norms of morality and ethics;
- participation of a specialist in innovative and methodological work;
- how actively he participates in professional skills competitions;
- the presence and absence of complaints about the quality of teaching activities.
The Ministry of Education and Science put forward a number of quality indicators regarding educational institutions to the heads of educational institutions.
Such a list is a striking example of an effective contract in a school in the context of quality indicators and compliance criteria, reflecting the specifics of the work of the school administration.
The document should reflect a number of provisions
| Labor functions of a teacher | An effective contract, unlike a standard employment contract, requires a strict listing of the employee’s job functions in the body of the document, and not a link to a standard job description. |
| Labor efficiency criteria |
It is necessary to register:
|
| Incentive payments | Transparency in the description of the rate calculation mechanism is important. In this section, duality of concepts is unacceptable so that the employee and the employer cannot interpret them differently. should be such that teachers receive wages that correspond to the rates of specialists from other economic fields. |
Since the goal of introducing an effective contract in the education sector is to increase employees’ wages in accordance with the performance of their work, all categories of workers who follow the new national course will receive points, from which an indicator of their effectiveness will then be formed.
Remuneration system according to the contract initiative
The introduction of an effective contract into the education system mainly aims to increase the remuneration of teaching staff in proportion to the quality of the services they provide. The new program initiative involves differentiation of wages for specialists performing work of different time and labor costs.
A key factor stimulating the work process is the payroll system, which, according to the contract initiative, involves compensation and incentive payments. The first ones do not cause difficulties and are quite transparent, while the second ones provoke many questions. The salary of a teacher in relation to the target value can fluctuate up or down, depending on the quality, quantity, complexity of the work and qualifications of the specialist.
When determining the amounts and conditions for calculating payments under a contract initiative, it is necessary to refer to local regulations and criteria for assessing effectiveness. The amount of payments is set either in points, percentages and other units, or they provide a fixed amount in rubles, which is specified in the contract.
Experts suggest that a teacher’s salary should be based on five payments:
- base salary - guaranteed part, which should be 70-80% of the target level;
- compensation payments for additional work and working conditions;
- special payments (for example, for class management);
- permanent incentive payments (for honorary titles or qualifications);
- according to the results of work.
The wage structure assumes that 30% will be paid for the quality of work, and 70% for its quantity. For now, the Salary Fund, whose resources are limited, is making its adjustments, because if one teacher began to work better in order to increase his salary, another will have to reduce it, which cannot but cause criticism.
An effective contract implies an indication of the type and amount of payments, as well as the conditions for assigning them to a specific specialist. To receive incentive bonuses, a teacher must achieve established performance levels. In connection with the receipt of a certain number of points by a teacher, an order on incentive payments is issued, which indicates the amount of payment assigned to him.
Transition to an effective contract in the educational institution: sequence of actions
It is important for the employer to act consistently in order to comply with current legislation and spend time and effort wisely. The procedure for transition to an effective contract in education:
- A commission is being formed to organize the implementation of the new policy. The members of the commission are teachers and administration.
- Labor efficiency indicators that were proposed and approved by the founder, and then included in the municipal assignment, are analyzed.
- The commission gets acquainted with the principles of assessing and monitoring the achievements of indicators that were approved for the organization by the founder.
- In order for the employees of the educational institution to favorably perceive the innovation, explanatory work should be carried out and all questions regarding the institution’s employees should be answered.
- A section “Evaluation of the effectiveness of the institution’s activities” is created on the official website of the educational institution, which fixes the regulatory framework of documents regarding the issue of transition.
- Current employment contracts concluded with employees must be analyzed for compliance with Order of the Ministry of Labor of the Russian Federation No. 167n and Art. 57 Labor Code of the Russian Federation.
- Indicators of the effectiveness of the performance of duties by employees must be systematized, and based on the developed criteria, it is necessary to change the provisions on incentive payments and labor protection.
- Local acts that regulate wages together with the trade union committee are reviewed and re-approved. They should reflect the labor functions of employees and the level of remuneration.
- According to the approved form, an individual labor agreement is drawn up with each employee, which specifies the criteria for labor efficiency.
- Job descriptions change and employees must be notified. Additional agreements are concluded with teaching staff.
Additional agreement with the head of the educational institution
As already mentioned, the new policy affects not only teaching staff, but also the administration and technical staff of the educational institution. The first to embrace the contract initiative were school principals. They were pioneers in working within the quality criteria drawn up for them by the Ministry of Education and Science.
The school director should be an example for colleagues and subordinates. An effective contract with the head of an educational institution is concluded according to a new model labor agreements, as provided for by applicable laws.
A new employment contract is concluded with the manager, who is already in an employment relationship with the educational institution. standard form or an additional agreement to an existing document. A similar agreement is concluded with the person replacing the head of the educational institution. Employees holding managerial positions are included in the general staff, and an agreement with them is concluded on behalf of the educational institution represented by a representative.
The text of the document is formed based on the responsibilities of the manager, who performs not only administrative functions, but also, if desired, can have a teaching load. Unfortunately, there are still no unitary forms of contract for the school director, and in order to switch to the new policy, the employment contract must be supplemented with another agreement that will comply with the Charter of the educational institution and the employee.
The additional agreement should indicate:
- General provisions - information about the degree of employment of the employee in a given position, the volume of work and training load, tools and materials that the specialist received under his responsibility to perform professional duties upon taking up the position.
- Responsibilities - according to the new contract, there is no change in labor obligations for the head of the educational institution, but changes in legislation, which are inevitable in connection with the transition to a contract system, change the course of administrative and pedagogical work, new tasks appear that require time to solve. The manager-leader must demonstrate deep knowledge in the field of labor law and work closely with the trade union. In the context of this, the director’s labor functions may change, which should be reflected in the additional agreement.
- Rights - traditionally remain unchanged and comply with the legislation of the Russian Federation.
- Principles of payment and calculation of incentive payments. This section of the agreement is often formed in the form of a table, which avoids ambiguity in the understanding of certain meanings.
Like ordinary teaching staff, the director’s salary, according to the contract, consists of a base salary and additional compensation and incentive payments. The latter are awarded based on compliance with quality criteria, which include:
- monitoring compliance with labor safety regulations at school, fire safety, sanitary and hygienic standards;
- active participation in activities to improve the infrastructure and equipment of the educational institution;
- work to strengthen the personnel, material and technical base of the institution;
- ensuring the smooth operation of the school;
- absence of complaints from subordinates, students and parents, no complaints in the acts of inspection bodies;
- timely and accurate maintenance of internal documentation;
- self-realization and systematic professional development.
Problems and criticism of the implementation of an effective contract before the end of 2018
Government recommendations describe the transition to a contract simply - it is enough not to “sleep” at work, but to strive to achieve certain indicators, but some district and city schools have not been able to build such a system for several years. Teachers remain conservative in many respects, which is why they greet the introduction of innovations at least coolly, and more often sharply negatively. Teachers count. that teacher work cannot be measured by student success rates or any rational units. From teachers, schoolchildren receive not only knowledge that can be assessed by contract criteria, but also educational influence and attention, which are not measured by indicators.
Schools that were among the first to implement the program initiative faced three problems:
- The educational institutions followed the recommendations for the formation of a commission, the development of performance indicators, a monitoring system, and conducted an active explanatory policy in the team, but did not achieve success. Numerous categories and big number points make it difficult to count them, which takes a lot of time. The heads of the educational institution agreed that even for small organization with 50-65 workers, the count takes several business days.
- Calculation of points for participation in professional competitions, extracurricular activities, trips, for a large number of winners of Olympiads and competitions for teaching staff was established and clear to teachers. Educational and technical personnel do not fall under such criteria, which became a problem for scoring and implementation of the contract.
- So-called “nepotism” or an unfairly high assessment of the effectiveness of employees close to the head of the educational institution can reduce the motivation of those teaching workers who worked and tried harder. At this stage, the transparency of an effective local contract remains conditional and depends on the integrity of the school administration.
Many teachers still do not know what an effective contract in education is; they are confused by the lack of standardization in the implementation of this initiative and the assessment of teachers' work. Framework performance criteria, according to some experts, are not always objectively established (for example, precedents have been recorded when specialists with different levels vocational training have the same salary).
Some teachers find the actual pay and time required to complete tasks under a more demanding contract initiative disproportionate. Consequently, this does not attract, but rather repels young personnel who are looking for more significant compensation for the efforts expended and monetization of their own talents.
- Change the system of incentive payments: abolish permanent payments, which are classified as stimulating, but in fact do not motivate the employee.
- Develop qualification requirements for personnel development, which will have to meet the requirements for modern education.
At the same time, it remains a mystery how teaching experience, the magnitude of which cannot be measured, will be taken into account. The program initiative is based on the regular reproduction of methods that are not related to the experience of a particular teacher. If the performance criteria were not developed in a timely manner, and the contract was concluded hastily, the teacher may perform his functions unlawfully. Teachers may be deprived of additional payments due to them if they are not promptly familiarized with the performance criteria.
Critics argue that the new policy will give diligent workers a salary increase of 3-4 thousand rubles, which will not fundamentally affect the well-being of teachers or school librarians. In this context, many educators will likely choose to earn more through tutoring to spare themselves the tedious bureaucracy of scoring under an efficient contract.
Excessive bureaucracy of the process becomes an obstacle to the implementation of innovation. The contract initiative involves the distribution of budget funds, therefore, at the level of the Ministry of Education, it is planned to monitor the effectiveness of the distribution of funds, which will entail complex and multi-stage reporting, which will need to be maintained by teachers or administration, thus, they will be more motivated to draw up a correct report, than preparing for the lesson.
The key difficulty of the transition is finding funding for wages according to the new model. The additional burden, and this is what the increase in wages of public sector workers looks like, will most likely become an unbearable burden for the regional and federal budgets. Without staff reductions and an increase in the wage fund, a significant increase in wages is impossible. In 2013, an additional 28.1% of funds were already allocated from the federal budget to cover the increased wages of public sector employees, in 2014 - 30%, in 2015 - 17.3%, in 2016 - 12.4%, in 2017 - 10.5 %.
Results of the introduction of the contract initiative
At the moment, an effective contract is not a quality management tool, but a personnel management tool. Analysts evaluate not only statistical data, but also interviews with public sector employees. On higher school the contract initiative had a negative impact: the staff was reduced, the workload increased, as a result of which the quality of services suffered, although the salaries of the remaining teachers increased. In secondary schools, there are similar difficulties: every second teacher complains about the increased workload that has arisen due to the reduction of technical staff and teaching staff.
The problem of part-time work still remains: the difference between teachers’ salaries within the region is so significant that many of them prefer tutoring or a complete change of activity. However, statistics level out these problems, since average indicators hide the difference: for example, the minimum salary is 16 thousand rubles, the maximum is 48 thousand rubles, and the average is 32 thousand. Thus, the introduction of the contract provoked mass discontent wages among teachers.
At the same time, school directors say that in order to attract first-class specialists and best graduates universities, wages should be raised not by 20-50%, but by at least 2-3 times. In this regard, every fifth teacher regularly tutors or works part-time at another job, every third does this irregularly. It turns out that an effective contract, which was supposed to fully concentrate the teacher’s attention on preparing for lessons, did not cope with its task.
Go to new uniform labor relations with teaching staff are provided for by the state program “Development of Education”.
In accordance with the Program, the final stage of work on the transition to an effective contract with teaching staff is currently underway. The 2017 sample will be presented in this article.
Effective teacher contract
The introduction of this agreement has the following objectives:
- students receiving quality education;
- decent level of wages for teaching staff;
- eliminating the need for teaching staff to work part-time in addition to their main job;
- increasing the prestige and attractiveness of work in the field of education, etc.
In reality, teachers may face problems:
- unjustified reduction of wages citing failure to fulfill any duties;
- The work of a teacher is regulated in detail, which entails the need to prepare reports for each type of activity. As a result, the teacher ceases to perceive his work as creativity;
- the bulk of the work (study hours, checking notebooks) can be included in base part salary, while to receive additional payments you will need to engage in other types of activities, etc.
01/01/2017 comes into force professional standard, according to which the suitability of the teaching staff will be determined qualification requirements.
This professional standard, approved by the Ministry of Labor of the Russian Federation on October 18, 2013:
- contains a list of skills and abilities that a teacher should have;
- describes the labor functions of a teacher;
- provides the basis for teacher certification;
- should be taken into account when hiring teachers, drawing up job descriptions and development of regulations on remuneration, etc.
Therefore, an effective contract with a teacher in 2017 must comply with the provisions of the professional standard.
Sample of an effective contract with a teacher
An effective contract with a primary school teacher
When concluding such an employment contract, it is necessary to take into account the requirements for teaching activities for the implementation of primary general education programs provided for by the professional standard.
In particular, according to the professional standard, a teacher primary classes must form educational process taking into account the developmental characteristics of young children school age, including the differences inherent in boys and girls, be able to recognize a child’s personal problems based on the form of his address to the teacher, create individual training programs, etc.
An effective contract with a coach-teacher at a youth sports school
In the field of sports, even before the introduction of the Government Order dated November 26, 2012, of the Program for improving the remuneration system, which provided for the introduction of an effective contract, the Russian Ministry of Sports, by order dated October 24, 2012, approved recommendations containing criteria for assessing the effectiveness of sports organizations and proposing the development of such criteria in relation to coaches.
When concluding an effective contract with a coach, you should also be guided by a special norm - Article 348.2 of the Labor Code of the Russian Federation, which provides special conditions, characteristic of employment contracts with coaches and athletes.
An effective employment contract is understood as a contract with an employee, which details the employee’s responsibilities and is aimed at achieving high levels of labor productivity.
What is the difference between an effective contract and an employment contract? Such a contract is not something fundamentally new; rather, it is a deep rethinking of the labor relationship between employee and employer and the entire work process. Therefore, the implementation of an effective TD (employment contract) takes place in the already existing legal space of the Russian Federation. The contract is concluded based on the current Labor Code.
Unfortunately, state-owned enterprises in Russia are not particularly efficient. From this there arose a need for a large-scale modernization of the entire budget system in the Russian Federation. It is for this purpose that the concept of an effective contract was developed - to increase labor productivity in the public sector of the economy.
In 2012, a program was launched to improve key indicators in government institutions. These include: educational institutions (schools, kindergartens), medical institutions (hospitals, sanatoriums), and the bureaucratic apparatus. The program is designed for six years, it should be fully implemented in 2018. The legal basis for the project is Order of the Ministry of Labor N167 and Presidential Decree N597.
Types of effective employment contract:
Along with increasing efficiency, it is also planned to significantly increase employee salaries budgetary institutions. Employers of budgetary institutions must conclude an effective contract with all their employees by 2018. The project will cover 100% of the personnel. Although effective TD has become mandatory only for the state. sector, the private sector can also use this concept. Therefore, an overview of the main elements of effective TD will be useful to all employers.
Structure and functions
An effective employment contract is based on existing labor legislation and uses the opportunities contained in it to draw up a detailed agreement between the employee and the employer. The main document when drawing up a contract is. Let's look at the sections of an effective contract below.
Labor function
One of the most important sections in any contract is the employee’s labor function. In other words, the definition of job responsibilities is a mandatory clause of the contract.
When switching to an effective contract, the labor function remains unchanged. If the employee was a teacher, he continues to be a teacher and perform a completely identical function. Let's look at each component of an effective contract in more detail, because this information will show the features and differences from an ordinary employment contract.
Salary
In order to increase labor productivity, the Ministry of Labor has developed detailed recommendations regarding the remuneration system. The central concept has become measurable performance indicators. Having achieved them, the employee should be financially rewarded. According to the plan, this will allow solving two problems at once - increasing the level of wages in the public sector and improving productivity.
For each individual institution it is necessary to develop its own key indicators. For medical institution One system is suitable, another is suitable for education. If an employer from the private sector decides to adopt the development of the Ministry of Labor, then he will also have to create his own indicators.
The next step after determining the indicators is to create a system of relationships between the reward and indicators. That is, it will be necessary to determine the size of the reward for achieving the established result. In this matter, one should adhere to the golden mean.
Sample of an effective employment contract: 
Paying inflated remunerations will seriously put pressure on the company's budget. In addition, an incentive payment that is too high will not be optimal psychologically.
In this case, employees will be strongly focused only on receiving additional payment, while forgetting other important components of the work process (for example, cooperation and communication). Too small a reward is perceived as an insignificant incentive; the employee will not actively strive to achieve the set goals.
To design a payment you will need to indicate:
- Name of incentive payment;
- Condition for receiving - the simplest case would be “achieving 100% of key indicator A”;
- Key indicators (which lead to rewards);
- Frequency of remuneration - payment can be one-time or regular. If there is a link, for example, to a monthly plan, then
- remuneration is paid every month. One-time payments have much less effect in terms of creating a long-term incentive;
- Payment amount.
If the employee refuses to change the terms of the contract, then quite a a difficult situation. The employer has the right to change the employment contract if there are technological or organizational reasons for this (). The transfer to an effective contract does not imply such grounds.
An example of notifying an employee about the transition to an effective employment contract: 
Therefore, the most the best solution is to convince the employee that an effective contract will be beneficial to him - the level of remuneration will increase and working conditions will improve. The most obvious way to do this is to use numbers and show calculations of his possible salary.
An effective contract can be drawn up separately or as an additional agreement to an existing TD. For new employees, of course, the contract is drawn up separately, as a completely new document. But for employees already employed at the enterprise, it is possible to issue an effective TD in the form of an application.
All wording remains identical to a regular employment contract. The differences, as mentioned above, are in the “Payment” section. Approximate wording of add. The agreement to the employment contract on the transition to an effective contract must contain the following information:
For the performance of official duties provided for in this agreement, the employee is paid a salary in the following amount:
- Official salary in the amount of 20,000 rubles per month;
- Incentive payments; — at this point, insert a table with a list of rewards (indicate the name, size, frequency, conditions).
- Compensations - a similar table, but there is a description of compensation payments.
Conclusion
Increasing labor productivity is a constant challenge facing the enterprise. In 2012, in order to modernize the state. sector, an effective labor contract program was launched. An innovation was the new wage system. It is based on the achievement of key indicators and rewards for this.
Key indicators must be measurable and objective. They are paid in the form of additional salary bonuses; with the help of this scheme, labor efficiency increases. The government program is mandatory for the public sector, but private sector enterprises can also use the government-developed concept.