Effective contact. Effective contract: concept, implementation procedure. What is an effective contract

Efficient contract - view employment contract. The document regulates the relationship between the employee and the employer.

What is an effective contract?

In the regulatory acts of the Russian Federation, an exact definition of EC is given. This is an agreement that clearly spells out everything official functions, conditions for issuing incentive payments, criteria for evaluating productivity. The document must also indicate the measures social support, the amount of incentive payments.

The main function of an effective contract is employee motivation. This agreement establishes an increase in salary depending on the performance of the employee. The conclusion of the EC involves a change in the structure wages:

Most of them are incentive payments.
The smaller part is salary.

The worse an employee works, the less he will receive. This is the best way to get rid of negligent employees and encourage responsible specialists.

Functions

Consider the main functions of an effective contract:

Establishing a relationship between the quality of work and the amount of payment.
Attracting conscientious employees.
Raising the status of the most able-bodied workers.
Reduced spending on payments to negligent specialists.

An effective contract is beneficial to both a conscientious employee and an employer.

Features of an effective contract with different categories of employees

Requirements for EC are established by Order of the Ministry of Labor No. 167. There are also separate regulations for different categories of employees:

Medical staff - Order of the Ministry of Health No. 421.
Workers in the field of education - Letter of the Ministry of Education and Science No. AP-1073.
Employees of cultural institutions - Order of the Ministry of Culture No. 920.
Social workers - Order of the Ministry of Labor No. 287.

Other employees (for example, employees of physical culture and sports organizations) can work under an effective contract, but separate recommendations have not yet been established for them.

teachers

Gradual introduction of an effective contract in the employment of personnel educational institutions approved by the State Program "Development of Education in Russia" (Decree of the Russian Federation No. 295). The goals of introducing a new type of employment contracts:

Salary increases based on quality, not quantity. If earlier additional payments to teachers were made with an increase in study load Now, in order to increase wages, you need to improve the quality of your work.
The prestige of a teacher's work is enhanced by an adequate salary.

Not only teachers can work under effective contracts, but also other employees of an educational institution: librarians, psychologists.

Approximate criteria for assessing the quality of work, on the basis of which the amount of salary is determined:

Lesson attendance.
Good student grades.
No disciplinary action.
Absence of injuries and emergency in the class.
There are no complaints about the teacher.

It is planned that all employees of educational institutions will switch to work on the EC until 2018. These terms are fixed by the Government Decree of November 26, 2012.

Health workers

In a contract with health workers, you must specify work time employee. Rates do not need to be specified in the document. It is necessary to fix exactly the total number of working hours per week. The contract can indicate that the employee combines several professions. For example, a nurse works as a nurse.

It is required to prescribe the criteria on the basis of which incentive payments will be calculated. This must be specific and clear. For example, the criterion for the quality of work is the absence of comments and disciplinary sanctions. All these conditions must be specified in an effective contract.

Making an effective contract

When drawing up a contract, you need to focus on Article 57 of the Labor Code of the Russian Federation.

If an already drawn up employment contract does not meet the requirements of the article, all additional terms are included in the agreement. It is an annex to the main contract.

The employer must indicate the employee's labor functions, the criteria for assessing his productivity, and the amount of incentive payments. All norms are determined on the basis of normative acts and collective agreements.

An effective contract must include the following:

Labor function, name of specialty according to qualification guides approved by the Government of the Russian Federation.
Conditions for calculating compensation, incentive payments. Conditions are prescribed for each type of payment. For example, you need to specify what compensation is charged for. Incentives are paid according to other criteria.
If the employee’s work and rest schedule differs from the generally accepted in the organization, this point should also be clarified separately.
The amount and procedure for calculating compensation for harmful or dangerous work is stipulated.

The employment contract may contain additional conditions if they do not violate the rights and interests of the employee.

The procedure for introducing an effective contract in an organization

Proper implementation of EC ensures the reduction of company costs and compliance with the Labor Code of the Russian Federation. Consider the order of this operation:

Establishment of a special commission for the implementation of EC.
Development of employee productivity criteria.
Familiarize yourself with the state performance monitoring system.
Explanatory work with employees regarding the introduction of a new type of contracts.
Creation of a section on the assessment of the company's activities on the official resource of the organization. This is necessary for the publication of various regulatory documents.
Analysis of existing employee contracts for compliance with Article 57 of the Labor Code of the Russian Federation.
Making adjustments to the internal regulations of the enterprise: provisions on remuneration, incentive payments.
Development of additional agreements to the main contract, taking into account all new requirements.
Approval of new job descriptions.
Conclusion of additional agreements.

IMPORTANT! Special attention explanatory work should be done. Workers need to understand that the new payroll system will improve, not worsen, their lives. The principle of calculating incentive payments should be transparent, otherwise there will be disagreements in the team about different salaries. The employee must clearly understand what the size of his salary depends on. If workers are not confident in the fairness of the new system, there will be no sense in an effective contract either. Without full-fledged explanatory work, it will not be possible to increase productivity.

The possibility of concluding an effective contract for a trial period

EC may well be for a trial period. The law does not prevent this. The conclusion of such a contract has a number of advantages:

Obtaining an objective picture of employee performance.
Familiarization of a new employee with the payroll system at the enterprise.
Reducing the cost of remuneration of a negligent employee.

It is important to familiarize the newcomer in detail with all the principles of work under the contract. This type of employment contract is a novelty for Russia, and therefore it is so important to explain all its nuances.

In recent years, a set of measures has been taken to achieve an increase in the level of wages of employees of cultural institutions, as well as to stimulate an improvement in the quality of services provided. One such measure is the introduction of an effective contract. In the article you will learn all the nuances of the new wage system, as well as find a sample of an effective contract for cultural workers.

What is an effective contract in culture

This is an employment contract that:

the labor functions of the employee are specified;
clarified the terms of remuneration;
performance indicators defined labor activity;
describes the procedure and conditions for receiving incentive payments, which depend on the results of the work;
prescribed measures of social support.

These innovations are designed to encourage employees to work more productively. In order for the process of introducing an effective contract to be as effective as possible, it is recommended to organize advanced training for those employees of cultural institutions who deal with personnel and accounting issues.

Normative base

Documents that regulate the issues of improving the system of remuneration of employees public sector, are:

the program approved by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r;
state program of the Russian Federation "Development of culture and tourism for 2013-2020";
order of the Ministry of Culture of the Russian Federation dated 06/28/2013 No. 920, where you can find a methodology for developing performance indicators;
letter of the Ministry of Culture of the Russian Federation of October 31, 2012 No. 124-01-39 / 04-NM, where there are recommendations on the choice of measures aimed at increasing the salaries of employees of cultural institutions;
Decree of the Government of the Russian Federation of December 28, 2012 No. 2606-r, which approved an action plan to improve the efficiency of the cultural sector;
order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n, which contains recommendations on formalizing labor relations with state employees in a new form.

Most of these documents are advisory in nature. Guided by them, the subjects of the Russian Federation and the Moscow Region should develop local acts, establishing criteria for assessing the effectiveness of the work of employees, and to amend valid documents governing the wage system.

Performance indicators in cultural institutions

The main measures to be taken by cultural institutions in the implementation of an effective contract and an improved system of remuneration include the approval of performance indicators for employees.

libraries;
museums;
theaters;
circuses;
zoos;
concert organizations;
other institutions.

As a methodological basis for the development of performance indicators, the program "Development of Culture and Tourism", as well as the Federal target program"Culture of Russia (2012-2018)", which was approved by the Decree of the Government of the Russian Federation of 03.03.2012 No. 186.

In the appendix to Recommendations No. 920, one can find an approximate list of performance indicators by types of cultural institutions. For example, libraries are encouraged to use information about the volume of the library's collection, as well as the amount of:

registered users;
calls to the library during the reporting period;
new acquisitions in the library fund;
information and advice for users;
documents that have been digitized and become part of the electronic library;
orders in the electronic catalog created by the library;
visitors to the official website of the library.

A sample of filling out an effective contract with cultural workers

Terms of an effective contract

According to paragraphs 4 and 5 of Recommendations No. 167n, the introduction of an effective contract can be carried out in two ways: by concluding an employment contract in a new form with new employees or by concluding an additional agreement with existing personnel. An example of an effective contract in culture is given in Appendix No. 3 to Program No. 2190-r.

When drawing up an effective contract, it is necessary to focus on the content of Article 57 of the Labor Code of the Russian Federation, as well as on local acts of the organization and the collective agreement.

In particular, the employment contract must state the following:

specific labor function of the employee. You must specify the position in accordance with staffing, profession and specialty, indicating qualifications;
wage conditions. In particular, the size tariff rate or salary, bonuses and allowances. It is also necessary to specify the conditions for the provision of compensation and incentive payments, indicating:
- payment name;
- the conditions for obtaining it;
- criteria for evaluating the effectiveness of labor activity;
- frequency and size;
work schedule;
working conditions in the workplace;
information about compulsory social insurance.

An employment contract may also contain additional conditions that expand the rights and obligations of the parties. The main thing is that they do not worsen the position of the employee in comparison with the conditions provided for by the current legislation.

The procedure for introducing an effective contract

To make the transition to new system wages with minimal time costs and at the same time comply with the norms of the current legislation, you should go through the following steps:

To form a special commission whose powers will include the organization of the transition to effective contracts.
Examine in detail the performance indicators and performance appraisal mechanisms that have been developed for your type of institution.
To familiarize the team with all the innovations and the legal framework.
Create a special section on the official website of the institution dedicated to assessing the effectiveness of the institution, where it will be possible to get acquainted with all relevant documents and regulations.
Conduct an analysis of existing labor agreements and bring them into line with article 57 of the Labor Code of the Russian Federation and Order of the Ministry of Labor of the Russian Federation No. 167n.
Develop employee performance indicators.
Taking into account the developed indicators, amend the provisions on remuneration and incentive payments.
Adopt local regulations related to the remuneration of an employee, taking into account the opinion of the trade union (issue a Transfer Order).
Specify the labor function and conditions of remuneration of the employee.
Develop individual labor contracts (additional agreements) with employees, taking into account the approved form of an effective contract.
Approve amended job descriptions.
Notify employees of changes to certain terms of the employment contract.
Conclude additional agreements with employees.

An effective contract with teachers (sample 2019) should make the work of a teacher more prestigious and contribute to the growth of his salary. How to draw up a contract, read the article.

From the article you will learn:

Efficient contracts with teachers have been introduced in educational institutions for several years. The transition to these types of contracts should lead to an improvement in the system of incentive payments for teaching staff state and municipal institutions. Their income will depend on whether they achieve the established indicators of the quality and quantity of state or municipal services that teachers provide (section IV of the Program approved by the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r). For institutions of various industry profiles, there are different indicators. Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n approved recommendations that explain how to draw up an effective contract. They can be used when registering labor relations with all employees of institutions.

An effective contract in education sample filling

The term effective contract was introduced in 2012 in connection with the adoption of the System Improvement Program wages in state and municipal institutions. Employers in the public sector of the economy should apply such contracts. According to the state-approved program of work on the transition to an effective contract in education, they should be completed in 2018.

Download related documents:

Important! An effective contract is an employment contract with an employee of a state or municipal institution, which details the employee's job duties and wage conditions, which are due to the fulfillment of predetermined indicators (section IV of the Program).

Before introducing an effective contract, it is necessary to develop:

regulation on a commission or working group that will deal with the introduction of effective contracts;
indicators and criteria by which the effectiveness of the work of employees of the institution will be evaluated;
internal regulation on the establishment of labor standards for employees, taking into account industry specifics;
local act, which describes the content and scope of labor functions of each employee.

It is also necessary to make changes to the following internal documents of the educational institution:

regulation on the system of remuneration, regulation on incentive and compensatory payments,
award clause,
job descriptions and so on.

Important! There is no need to terminate the already concluded employment contracts with teachers and conclude effective contracts. To introduce an effective contract, update the relevant conditions in additional agreements to the employment contracts of teachers who are already on the staff of the organization (clause 5 of the Recommendations approved by order of the Ministry of Labor of Russia No. 167n).

Check out the sample order on the introduction of an effective contract:

Performance criteria in a sample effective contract

The employer must criteria for the effectiveness of incentive payments. In the sample effective contract, define your performance criteria for each employee, taking into account regulatory legal acts of the federal, regional and local levels.

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In order to get the current staffing by January 1, 2020, you need to decide on the amendments to this document in advance.
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If the GIT inspector does not find this clause in the employment contract, he will fine the company for 100,000 rubles. Approaching the issue formally and taking wording from the Internet is dangerous.

Tips on how to develop criteria are contained in the Methodological Recommendations (letter of the Ministry of Education and Science of Russia dated June 20, 2013 No. AP-1073/02). In particular, for teaching staff ten such performance indicators are established for schools. These include, for example, the implementation of additional projects. These are excursion and expedition programs, group and individual educational projects students, social projects etc.

Specify performance criteria in employment contract(effective contract) with an employee (clause 12 of the Recommendations approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n). If during the reporting period the quality and efficiency of work meets the performance criteria, the teacher will be credited with the appropriate payment, if it does not comply, they will not be credited or assigned in a reduced amount.

Formulate the clauses of the contract about the types of payments and the conditions under which they are paid, so that the employee understands how much and for what he will be paid. If you set payments in rubles, write down the amount in the employment contract or additional agreement(clause 13 of the Recommendations, approved by order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n).

Form of an effective contract

To formalize an employment relationship with a teacher, an exemplary form of an effective contract (employment contract) is used. It is contained in Appendix No. 3 to the Improvement Program wage systems, which is approved No. 2190-r.

You can download a sample of an effective contract in education in this article.

Download in.doc

Based on the foregoing, an additional agreement to the employment contract must be concluded after you have developed indicators and criteria for assessing the effectiveness of the work of employees of the institution in order to determine the size and conditions for the implementation of incentive payments.

Conditions to be reflected in an effective contract:

duties in full
the amount of additional work that the teacher performs without exemption from the work specified in the TD
all types of payments and the conditions under which they are charged

Thus, an effective contract is an employment contract that establishes incentive payments for teachers based on quality indicators, as well as effectiveness and efficiency.

Effective contains all the conditions that an employment contract includes. In addition, it contains the conditions mentioned in the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r and paragraph 2 of the recommendations approved by the order of the Ministry of Labor of Russia of April 26, 2013 No. 167n. This clarification labor function employee, specification official duties, conditions of remuneration, in particular the amount of remuneration and reward size for the achievement of collective labor results, indicators and criteria for evaluating the effectiveness of an employee's performance for incentive payments (indicators depend on labor results and the quality of services); measures of social support for the employee.

In 2012, the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r approved the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018 (hereinafter referred to as the Program). This Program provides for the introduction of an effective contract designed to improve the system of remuneration in state and municipal institutions.

According to Section IV of the Program efficient contract- this is an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for evaluating performance for the appointment of incentive payments depending on the results of work and the quality of state (municipal) services provided, as well as social support measures.

Note: an effective contract is nothing more than an ordinary employment contract, and the addition of the adjective "effective" to it does not change the essence of the employment relationship that has developed between the parties to the employment contract. The program only offers to collect in the text of the employment contract everything that is set out in a number of laws, the All-Russian Classifier, professional standards, and local regulations. However, content analysis approximate form employment contract, installed by the application No. 3 of the order of the Government of the Russian Federation of November 26, 2012 N 2190-r, indicates that the content of the employment contract, which should be "effective", does not solve the task, and cannot solve it. In particular, the rights and obligations of the parties to an employment contract, according to the model form, are formal and referential in nature, representing an abbreviated version of articles 21 and 22 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). And the provisions of paragraph 1 of the approximate form do not introduce anything new into the existing procedure for including conditions in the content of an employment contract in accordance with Article 57 of the Labor Code of the Russian Federation. And the very effect of the result of labor does not depend on the content of the "effective contract", but on the attitude of the worker to his work.

By Order No. 167n dated April 26, 2013, the Russian Ministry of Labor approved the Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract.

Guidelines development bodies state power subjects Russian Federation and bodies local government performance indicators of subordinate state (municipal) institutions, their managers and employees by types of institutions and main categories of employees (approved by Order of the Ministry of Health of Russia dated June 28, 2013 No. 421) contain detailed performance indicators.

In contrast, the Methodological Recommendations of the Ministry of Education and Science of Russia on the development by state authorities of the constituent entities of the Russian Federation and local governments of indicators of the effectiveness of the activities of state (municipal) institutions in the field of education, their leaders and certain categories of employees (Appendix to the Letter of the Ministry of Education and Science of Russia dated 06.20.2013 N AP -1073/02) does not contain any recommended indicative indicators. They describe only approximate directions for developing performance indicators for managers and teachers of organizations implementing programs of preschool, general, primary vocational and secondary vocational education.

Federal recommendations do not contain any advice on the development of performance indicators for administrative and auxiliary personnel (accountants, cleaners, workers, drivers, etc.), although the Program for Improving the Wage System provides for the conclusion of labor contracts on the basis of an effective contract with all employees of institutions.

At its core, an employment contract concluded on the principle of an effective contract is designed to partially or completely replace several local regulations:

job description;

position on wages;

bonus provision;

collective agreement (if any).

On the one hand, this allows you to discipline each employee, on the other hand, it significantly increases the scope of the labor contract with the employee itself, on the third hand, specifying the terms of remuneration in the labor contract is a prerequisite for any employment contract on the basis of Part 2 of Art. 57 of the Labor Code of the Russian Federation.

Note: according to Part 3 of Art. 135 of the Labor Code of the Russian Federation, the Russian tripartite commission for the regulation of social and labor relations annually until the draft is submitted to the State Duma of the Federal Assembly of the Russian Federation federal law on the federal budget for the next year develops uniform recommendations on the establishment at the federal, regional and local levels of remuneration systems for employees of organizations financed from the relevant budgets. The recommendations are taken into account by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments when determining the amount of funding for healthcare, education, science, culture and other public sector institutions. Therefore, the need to include in the content of the employment contract the provisions of the collective agreement or a local regulatory act as an indicator of the effectiveness of the concluded employment contract seems doubtful.

If an employment contract with an employee was concluded before the implementation of the principle of an effective contract, this principle is implemented by concluding an additional agreement to the employment contract, which includes the following provisions:

job duties of the employee;

wage terms:

the size of the tariff rate or salary (official salary) of an employee of the institution;

allowances and additional payments:
- payments for intensity and high performance:
  - labor intensity bonus
    
    bonus for high performance;
    
    bonus for the performance of particularly important and responsible work;

Once all conditions are included in the employment contract and it is signed by the parties, they become binding on both parties and can only be changed by mutual agreement parties, with the exception of cases provided for in Article 72 of the Labor Code of the Russian Federation.

Order of the Ministry of Labor of Russia dated April 26, 2013 N 167n approved the Recommendations on the registration of labor relations with an employee of a state (municipal) institution when an effective contract is introduced (hereinafter referred to as the Recommendations).

For each employee, his labor function, indicators and criteria for evaluating performance should be clarified and specified, the amount of remuneration, as well as the amount of incentives for achieving collective labor results, should be established. The conditions for receiving remuneration must be clear to the employer and employee and not allow for double interpretation.

According to paragraph 5 of the Recommendations with an employee of an institution who is in an employment relationship with an employer, it is recommended to draw up an additional agreement on changing certain parties terms of the employment contract. The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.

Based on Article 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

According to Article 74 of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed according to the initiative of the employer, with the exception of changing the labor function of the employee.

If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to him (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Due to the fact that the introduction of an effective contract system in budget institution is necessary for the implementation of clause 17 of Appendix No. 2 to the Program, such an additional agreement is recognized as a change in the organizational working conditions determined by the parties to the employment contract, which cannot be saved. Therefore, if the employee refuses to conclude an effective contract, he should be offered another job available in the institution (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or underpaid job), which the employee can perform taking into account his state of health. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract with him is subject to termination in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

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The topical issue of the transition to an effective contract in health care institutions is of great interest to trade union activists, personnel officers, and economists of health care institutions. This topic was the subject of a seminar organized by the Terkom of the trade union, which took place at the end of 2013. F.N.Kadyrov, Deputy Director for Economic Affairs of the Federal State Budgetary Institution "TsNIIOIZ", made a presentation "Effective contract: new in the regulation of labor relations in healthcare." We bring to your attention the continuation of the presentation of the topics considered by F.N.Kadyrov.

Reasons for amending the employment contract

In a previous publication, we pointed out that, from the point of view of labor legislation, the introduction of an effective contract is an amendment to the current employment contract. In accordance with the order of the Ministry of Labor and social protection of the Russian Federation dated April 26, 2013 No. 167n “On approval of recommendations on formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract” (hereinafter referred to as the Recommendations of the Ministry of Labor), it is planned to amend employment contracts unilaterally at the initiative of the employer in accordance with Article 74 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code): “In accordance with part two of Article 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing no later than two months, unless otherwise provided by the Labor Code of the Russian Federation.

At the same time, changes in the employment contract at the initiative of the employer are allowed only when the terms of the employment contract determined by the parties cannot be preserved by the employer. The employer must have objective reasons for the impossibility of maintaining the currently existing terms of the employment contract. For example, he introduces new (additional) equipment, and the need for services provided with his help is great, which forces some employees to transfer to a different work schedule (second shift), etc.

Thus, the employer must not only indicate the reason for the change in the terms of the employment contract, but also prove that it was indeed impossible to maintain the previous working conditions. That is, it is necessary to specify exactly what reasons are the grounds for changing the terms of the employment contract in this particular case. There are two of them: these are changes in organizational or technological working conditions. Therefore, when notifying an employee of changes in working conditions, it is necessary to inform him of the reasons for introducing such changes. Otherwise, the actions of the employer (administration of the institution or authority in relation to the head of the institution) will be considered illegal.

What conditions of a valid employment contract with an employee cannot be saved?

Before touching on the question of what conditions of the current employment contract with the employee cannot be saved (will be changed), let's consider what the terms of the employment contract are.

Of all the conditions of an employment contract listed in Article 57 of the Labor Code, only the terms of remuneration change unambiguously with the introduction of an effective contract. This will be a key change in the terms of the employment contract.

Also, the employment contract may provide for additional conditions that do not worsen the position of the employee compared to the established one. labor law and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, in particular, on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

So, as part of the introduction of an effective contract, the terms of remuneration will be changed and the duties of the employee will be clarified (in terms of achieving performance indicators for his activities, etc.).

Other conditions of the employment contract may also change (for example, if the introduction of an effective contract may coincide with the reorganization of the institution, etc.).

Why Article 74 of the Labor Code?

It is natural to ask what organizational or technological working conditions have suddenly changed so much that the terms of the employment contract determined by the parties cannot be preserved? In fact, this article of the Labor Code is designed for other situations: the replacement of equipment that involved manual labor with automated systems etc. But there was no other more suitable article for the situation of implementing an effective contract in the Labor Code.

Recall that Article 74 does not establish an exhaustive list of what falls under the concept of “changes in organizational or technological working conditions”. It states: “in the case when, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons )…».

The transition to an effective contract forces one to look for those very “other reasons”. When changing the employment contract unilaterally, the employer is obliged to indicate these reasons. What are they? First of all, we note that they cannot be changes in the conditions of remuneration, by themselves, since to cause a change in the conditions of remuneration by a change in the conditions of remuneration is a logical vicious circle. There must be other reasons that necessitated both changes in the conditions of remuneration and clarification of job responsibilities.

Further. It is necessary to justify the changes made to the employment contract in terms of their inevitability. To do this, it is advisable to refer to the order of the Government of the Russian Federation of November 26, 2012 No. 2190-r “On approval of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-18”, as well as other related to the introduction of an effective contract normative legal acts.

It is this document that contains the reasons why the terms of the employment contract determined by the parties cannot be saved. These reasons are establishing indicators and criteria for assessing the effectiveness of their activities for employees.

It is the emergence of these indicators and criteria that leads to the need to change the conditions of remuneration and clarify job responsibilities in employment contracts.

The procedure for amending an employment contract in accordance with Art. 74 TK

The procedure for amending an employment contract in accordance with Art. 74 TC, in principle, is not very complicated. Specialist personnel service it is necessary to prepare two copies of the notification with a warning about changes in the essential terms of the contract. At the same time, the notification must not only indicate the changes in the employment contract that the employer provides, but also the reasons that are the basis for introducing such changes.

One copy is handed over to the employee, on the other, remaining in the institution, the employee will have to sign for receipt of his copy.

The employee may not immediately express consent or unwillingness to work under the new conditions. If we are talking about changing the terms of the employment contract for a sufficiently large number of employees, then in the end the employee of the personnel department may forget who agreed to the new working conditions and who refused them. Moreover, the unwillingness to work in accordance with the new terms of the employment contract is often expressed by employees orally. Therefore, it is better to immediately offer appropriate vacancies when warning an employee about a change in working conditions. These should be all vacancies of the institution - both corresponding to the qualifications of the employee, and vacancies that are lower than his qualifications. The only exceptions are those vacancies that are located in another area. Their institution is obliged to offer, if it is provided for by the collective agreement or agreement. It should be remembered that vacancies must correspond to the state of health of the employee. Therefore, it is possible to prepare either a separate document in two copies (on what remains in the hands of the administration, the employee must sign for receipt), or you can offer vacancies already in the notification of changing the terms of the employment contract. In this case, you can use approximately the following wording: “In the event that you refuse to continue working under the new conditions, we can offer you the following vacancies currently available in the institution ...”.

Accordingly, if the employee does not agree to change the terms of the employment contract, but is ready for a transfer, the latter is drawn up in the standard manner. If neither the new working conditions suited the employee, nor a suitable position in which he would like to work was found, it is necessary to dismiss the employee under paragraph 7 of Art. 77 of the Labor Code (refusal of the employee to continue work due to a change in the terms of the employment contract determined by the parties).

If the employee agrees to work under the new conditions, then two months after receiving the notification, it is necessary to sign an additional agreement with him to his employment contract.

Notification of changes in the terms of the employment contracttc "Notice of changes in the terms of the employment contract"

A written notice is drawn up, as usual, in two copies, one of which is transferred to the employee, and the other remains with the employer. On the copy of the employer, the employee must sign the receipt of the notification, putting down the date. If the employee refuses to sign, his refusal is activated. The act of refusal to receive a notification or to sign on it can be drawn up as a separate independent document in accordance with all the rules of office work, or can be made in a simplified form right on the notification.

The consent or refusal of the employee can be formulated by the employee directly on the notice (on the copy of the employer), or by signing an additional agreement to the employment contract. But this is possible only when the employee makes a decision immediately, without hesitation. The law does not specify exactly when the employee must give an answer, so it is quite possible that he will need exactly two months to think and on the last day he will inform the employer of his decision. In this case, this decision can be made in the form of a statement of consent or refusal to work in accordance with the new terms of the employment contract. The expression of consent, again, can be formalized by signing an additional agreement to the employment contract.

According to the logic of the law, the absence of objections from the notified employee indicates that he agrees to change the terms of the contract. Meanwhile, only a signature on familiarization does not mean consent, and the employee can declare this in court. In case of a possible dispute, the administration of the institution should make sure that the employee signs not only that he has been notified of the changes, but also that he agrees to continue working in such conditions.

So, if the employee agrees to continue working, an additional agreement is concluded with him, in which all changes in the employment contract must be recorded.

The conditions that must be met in order for the dismissal of an employee under paragraph 7 of Art. 77 of the Labor Code was lawful:

3) there are no vacancies suitable for him in the institution.

1) the employee was warned about the upcoming changes two months in advance;

2) he refused to continue working;

3) he was offered another suitable job;

4) the employee has received a refusal from the job offer.

Documentation can be done in the following order:

A. In the absence of vacancies suitable for the employee, taking into account his qualifications and state of health.

1. The employee is given a written notice of a change in two months of the essential parameters determined by the employment contract. The notice must clearly indicate which specific conditions will be changed and how and when this will happen (no earlier than two months later).

2. On a copy of the notice that remains with the employer, the employee signs: "Notification received (date), signature, transcript."

3. On the same copy of the notice or in a separate statement, the employee informs the employer of his refusal to continue working in the new conditions.

4. The employer issues an order to dismiss the employee, which indicates the reason for the dismissal and records the fact that there is no suitable vacancy, for example: “dismiss due to refusal to continue working due to a change in the terms of the employment contract and the absence of vacancies suitable, taking into account qualifications and health status (clause 7 article 77 of the Labor Code)”.

Base:

1. Lead order new form of an employment contract as part of the implementation of an effective contract dated (date) No. ... (exemplary wording of the order)

2. Notice dated (date) No. …

B. In case of refusal of the proposed work.

1. The employee is given a notice of changes in the terms of the employment contract against receipt.

2. The employee writes (on a notice or in the application form) a refusal to continue working.

3. He is given a list of vacancies indicating positions (professions) and wages.

4. The employee in writing expresses his refusal from the proposed vacancies (or an act of refusal is drawn up).

5. An order is issued to dismiss the employee, which indicates the reason for dismissal and records the fact of refusal of the proposed job: “dismiss due to refusal to continue work due to a change in the terms of the employment contract and refusal of the proposed job, paragraph 7 of Article 77 of the Labor Code”.

Base:

1. Order on the maintenance of a new form of an employment contract as part of the implementation of an effective contract dated (date) No. ... (exemplary wording of the order).

2. Notice dated (date) No. …

3. Refusal to continue work from (date).

4. List of vacancies for (date).

5. Refusal of the proposed work from (date).

It would not be superfluous to recall that changes in the terms of the employment contract, which were introduced in accordance with Art. 74 of the Labor Code, should not worsen the position of the employee in comparison with the established collective agreement and agreements. Thus, the employer does not have the right to offer the employee a change in working conditions if they worsen the position of the employee in comparison with the conditions and guarantees of the collective agreement and the agreements on social partnership(sectoral, territorial, etc.).

Is it always necessary to notify an employee about the transition to an effective contract 2 months in advance?

The introduction of an effective contract should be carried out within the framework of the Labor Code. We have already said that the Recommendations of the Ministry of Labor imply the introduction of an effective contract in accordance with Article 74 of the Labor Code (unilaterally at the initiative of the employer). But there is also Article 72 of the Labor Code (by the way, the main one in terms of amending the employment contract). It assumes: “Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except as otherwise provided by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Therefore, the following procedure can be carried out. The employee is invited to the personnel department and informed that, in accordance with a number of regulatory documents (they must be listed), public sector employees are being transferred to an effective contract throughout the country. In this regard, the employee is invited to sign an additional agreement to the employment contract, which enters into force on a specific date, and this document is given for review.

If the employee signs an addition to the employment contract, the amendments to the employment contract are considered to be made in accordance with Article 72 of the Labor Code, that is, by agreement of the parties. No two-month notice is required in this case. Note that it is not necessary to tie amendments to the employment contract to the 1st day of the month, but this can cause difficulties in calculating the values of incentive payments for different criteria(before and after amendments to the employment contract).

If the employee did not agree with the proposal to voluntarily sign an additional agreement to the employment contract, he is given a notice of amendment to the employment contract in accordance with Article 74 of the Labor Code and the procedure described above is performed in relation to this article.