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

Effective contract - type employment contract. The document regulates the relationship between the employee and the employer.

What constitutes an effective contract?

The regulations of the Russian Federation provide a precise definition of EC. This is an agreement that clearly states everything job functions, conditions for issuing incentive payments, criteria for assessing productivity. The document must also indicate measures social support, the amount of incentive payments.

The main function of an effective contract is to motivate employees. This agreement establishes a salary increase depending on the employee's performance. The conclusion of the EC suggests a change in the structure wages:

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

The worse an employee performs, the less he will receive. This is the best way to get rid of careless workers and reward responsible specialists.

Functions

Let's consider the main functions of an effective contract:

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

An effective contract benefits both the conscientious employee and the 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 education and sports organizations) can also work under an effective contract, but separate recommendations have not yet been established for them.

Teachers

Gradual introduction of an effective contract for the employment of personnel educational institutions approved by the State Program “Development of Education in Russia” (RF Decree No. 295). Goals of introducing a new type of employment contracts:

Salaries are increased based on qualitative rather than quantitative indicators. If previously additional payments to teachers were made when increasing study load, then now to increase your salary you need to improve the quality of your work.
The prestige of a teacher’s job increases due to an adequate salary.

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

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

Lesson attendance.
Good student grades.
No disciplinary action.
No injuries or emergency situations in the classroom.
There are no complaints about the teacher.

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

Health workers

The contract concluded with health care workers must indicate work time employee. There is no need to indicate rates in the document. It is necessary to record the total number of working hours per week. The contract can indicate that the employee combines several professions. For example, a nurse works part-time as a nurse.

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

Drawing up an effective contract

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

If the already drawn up employment contract does not meet the requirements of the article, all additional conditions fit into the agreement. It is an annex to the main agreement.

The employer must indicate the employee’s job functions, criteria for assessing his productivity, and the amount of incentive payments. All standards are determined on the basis of regulations and collective agreements.

An effective contract must contain the following points:

Labor function, name of specialty according to qualification reference books, approved by the Government of the Russian Federation.
Conditions for calculating compensation and incentive payments. Conditions are specified for each type of payment. For example, you need to indicate what compensation is being calculated for. According to other criteria, incentives are paid.
If an employee’s work and rest schedule differs from what is generally accepted in the organization, this point needs to be clarified separately.
The amount and procedure for calculating compensation for harmful or dangerous work are discussed.

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 a reduction in company costs and compliance with the Labor Code of the Russian Federation. Let's look at the order of this operation:

Creation of a special commission for the implementation of EC.
Development of employee productivity criteria.
Familiarization with the state performance monitoring system.
Explanatory work with employees regarding the introduction of a new type of contract.
Creation of a section on the evaluation of the company’s activities on the official website 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 wages, 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 needs to be devoted to explanatory work. Employees must understand that the new payroll system will improve, not worsen, their lives. The principle of calculating incentive payments must be transparent, otherwise disagreements will arise within the team over different salary levels. An employee must clearly understand what the size of his salary depends on. If employees are not confident in the fairness of the new system, there will be no benefit from an effective contract either. Without full-fledged explanatory work, it will not be possible to increase productivity.

Possibility of concluding an effective contract for a trial period

The EC may well be concluded for a trial period. The law does not prevent this in any way. Concluding such a contract has a number of advantages:

Obtaining an objective picture of the employee’s performance.
Familiarizing a new employee with the company’s payroll system.
Reducing the cost of remunerating a negligent employee.

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

In recent years, a set of measures has been taken to increase the level of wages of employees of cultural institutions, as well as to stimulate 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 remuneration system, and also find a sample of an effective contract for cultural workers.

What is an effective contract in culture?

This is an employment contract in which:

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

These innovations are designed to encourage employees to work more efficiently. 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 issues of improving the system of remuneration of workers budgetary sphere, are:

program approved by Order of the Government of the Russian Federation dated 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 June 28, 2013 No. 920, where you can find the methodology for developing performance indicators;
letter from the Ministry of Culture of the Russian Federation dated October 31, 2012 No. 124-01-39/04-NM, which contains recommendations on the selection of measures aimed at increasing the salaries of employees of cultural institutions;
Order of the Government of the Russian Federation dated 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 for registering labor relations with public sector 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 performance of workers, and make changes to valid documents regulating the wage system.

Performance indicators in cultural institutions

The main measures that cultural institutions must take when introducing an effective contract and an improved remuneration system include the approval of employee performance indicators.

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

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

In the appendix to Recommendations No. 920 you can find an approximate list of performance indicators by type of cultural institution. For example, libraries are recommended to use information about the volume of the library collection, as well as the number of:

registered users;
requests to the library during the reporting period;
new additions to the library collection;
information and consultations 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 library's official website.

Sample of filling out an effective contract with cultural workers

Conditions for an effective contract

According to paragraphs 4 and 5 of Recommendation 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 staff. A sample of an effective contract in culture is given in Appendix No. 3 to Program No. 2190-r.

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

In particular, the employment contract must indicate the following:

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

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

Procedure for introducing an effective contract

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

Form a special commission whose powers will include organizing the transition to effective contracts.
Study in detail the performance indicators and work performance assessment mechanisms that have been developed for your type of institution.
Introduce the team to all innovations and the legal framework.
Create a special section on the official website of the institution dedicated to assessing the effectiveness of the institution’s activities, where it will be possible to familiarize yourself with all the relevant documents and regulations.
Analyze existing labor agreements and bring them into compliance 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, make changes to the provisions on wages and incentive payments.
Adopt local regulations related to employee remuneration, taking into account the opinion of the trade union (issue an Order on the transition).
Specify the labor function and terms of remuneration of the employee.
Develop individual employment contracts (additional agreements) with employees, taking into account the approved form of an effective contract.
Approve the amended job descriptions.
Notify employees of changes to certain terms of the employment contract.
Conclude additional agreements with employees.

An effective contract with teaching staff (sample 2019) should make the teacher’s work more prestigious and contribute to the growth of his salary. Read the article on how to draw up a contract.

From the article you will learn:

Educational institutions have been implementing effective contracts with teachers 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 established indicators of the quality and quantity of state or municipal services that teachers provide (Section IV of the Program approved by Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r). There are different indicators for institutions of different industry profiles. 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.

Effective contract in education sample filling

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

Download documents on the topic:

Important! An effective contract is an employment contract with an employee of a state or municipal institution, which specifies in detail the employee’s job responsibilities and terms of remuneration, which are conditional on the fulfillment of pre-established indicators (Section IV of the Program).

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

provision for a commission or working group that will be responsible for introducing effective contracts;
indicators and criteria by which the labor efficiency of the institution’s employees will be assessed;
internal regulations on establishing labor standards for workers, 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:

regulations on the remuneration system, regulations on incentive and compensation payments,
bonus regulations,
job descriptions and so on.

Important! There is no need to terminate 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 a sample order for the introduction of an effective contract:

Performance criteria in an example of an effective contract

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

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In order to receive an up-to-date staff by January 1, 2020, changes to this document must be decided in advance.
What are the errors in personnel documents and procedures that bring the personnel officer to court, how to avoid them and what to do if you still have to appear in court.
If the GIT inspector does not find this clause in the employment contract, he will fine the company 100,000 rubles. Approaching the issue formally and taking wording from the Internet is dangerous.

Advice on how to develop criteria is 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 the 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 awarded an appropriate payment; if it does not correspond, it will not be awarded or will be assigned in a reduced amount.

Formulate contract clauses 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 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 approximate 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 above, an additional agreement to the employment contract must be concluded after you have developed indicators and criteria for assessing the labor efficiency of the institution’s employees in order to determine the size and conditions for the implementation of incentive payments.

Conditions that need to be reflected in an effective contract:

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

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

An effective one contains all the conditions that an employment contract includes. In addition, it contains the conditions mentioned in Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r and paragraph 2 of the recommendations approved by Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n. This is a clarification labor function employee, specification job responsibilities, conditions of remuneration, in particular the amount of remuneration and incentive amount for achieving collective labor results, indicators and criteria for assessing employee performance for incentive payments (indicators depend on labor results and quality of services); measures of social support for the employee.

In 2012, the Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-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 remuneration system 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 responsibilities, terms of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of government (municipal) services provided, as well as social support measures.

Note: an effective contract is nothing more than a regular employment contract, and adding the adjective “effective” to it does not change the essence of the labor 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 shape employment contract, installed by the application No. 3 of the Order of the Government of the Russian Federation dated November 26, 2012 N 2190-r, indicates that the content of the employment contract, which must be “effective,” does not solve the problem, and cannot solve it. In particular, the rights and obligations of the parties to the employment contract, according to the approximate form, are formal and referential in nature, representing an abbreviated version of Articles 21 and 22 Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation). And the provisions of paragraph 1 of the sample 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 effect of the result of labor itself depends not on the content of the “effective contract”, but on the employee’s attitude towards his work.

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

Guidelines by development authorities state power subjects Russian Federation and organs local government performance indicators of subordinate state (municipal) institutions, their managers and employees by type of institution 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, Methodological Recommendations of the Ministry of Education and Science of Russia on the development by government bodies of the constituent entities of the Russian Federation and local governments of performance indicators for state (municipal) institutions in the field of education, their managers and certain categories of employees (Appendix to the Letter of the Ministry of Education and Science of Russia dated June 20, 2013 N AP -1073/02) does not contain any recommended example indicators. They describe only approximate directions for developing performance indicators for managers and teaching staff of organizations implementing programs of preschool, general, primary vocational and secondary vocational education.

Federal recommendations do not contain any advice on developing performance indicators for administrative and support personnel (accountants, cleaners, workers, drivers, etc.), although the Program for Improving the Remuneration System provides for the conclusion of employment contracts on the principle of an effective contract with all employees of institutions.

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

job description;

wage regulations;

bonus regulations;

collective agreement (if any).

On the one hand, this makes it possible to discipline each employee, on the other, it significantly increases the scope of the employment contract with the employee, and on the third, specifying the terms of remuneration in the employment contract is a mandatory condition of any employment contract on the basis of Part 2 of Art. 57 Labor Code of the Russian Federation.

Note: according to Part 3 of Art. 135 of the Labor Code of the Russian Federation Russian tripartite commission for the regulation of social and labor relations annually before 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 unified recommendations for the establishment at the federal, regional and local levels of remuneration systems for employees of organizations financed from the relevant budgets. 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 volume of funding for healthcare, education, science, culture and other public sector institutions. Therefore, the need to include provisions of a collective agreement or local regulation in the content of an employment contract 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:

employee's job responsibilities;

terms of remuneration:

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 results:
  - bonus for work intensity
    
    bonus for high performance results;
    
    bonus for performing particularly important and responsible work;

Once all the 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, except for the 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 for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract (hereinafter referred to as the Recommendations).

In relation to each employee, his work function, indicators and criteria for assessing the effectiveness of his work must be clarified and specified, the amount of remuneration must be established, as well as the amount of incentives for achieving collective labor results. The conditions for receiving remuneration must be clear to the employer and employee and not subject to double interpretation.

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

Based on Article 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are 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 preserved, they are allowed to be changed according to initiative of the employer, with the exception of changes in the employee’s labor function.

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

In the absence of the specified work or the employee refuses the offered work, the employment contract is terminated in accordance with clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Due to the fact that the introduction of an effective contract system in budgetary 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 preserved. Consequently, if an employee refuses to conclude an effective contract, he must be offered another job available in the institution (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In the absence of the specified work or the employee refuses the offered work, the employment contract with him is subject to termination in accordance with clause 7 of part 1 of art. 77 Labor Code of the Russian Federation.

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The pressing issue of the transition to an effective contract in healthcare institutions is of increased interest among trade union activists, and among personnel officers, and economists of healthcare institutions. A seminar organized by the Trade Union Tercom, held at the end of 2013, was devoted to this topic. F.N. Kadyrov, Deputy Director for Economic Affairs of the Federal State Budgetary Institution “TsNIIOIZ”, made a report “Effective contract: new in the regulation of labor relations in healthcare.” We bring to your attention a continuation of the presentation of the topics discussed by F.N. Kadyrov.

Reasons for making changes to the employment contract

In the previous publication, we indicated that, from the point of view of labor legislation, the introduction of an effective contract means making changes 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 for 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 intended to make changes to 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 about upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes 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 maintained by the employer. The employer must have objective reasons for the impossibility of maintaining the currently existing conditions of the employment contract. For example, he introduces new (additional) equipment, and the demand for services provided with its help is great, which forces some workers to transfer to a different work schedule (second shift), etc.

Thus, the employer must not only indicate the reason for changes in the terms of the employment contract, but also prove that the previous working conditions were truly impossible to maintain. 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 about 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 preserved?

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

Of all the terms of an employment contract listed in Article 57 of the Labor Code, only the terms of remuneration clearly change 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 employee’s position compared to the established one. labor legislation 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 a given 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 employee’s responsibilities will be clarified (in terms of achieving performance indicators, 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 exactly Article 74 of the Labor Code?

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

Let us recall that Article 74 does not establish an exhaustive list of what falls under the concept of “change 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 equipment and production technology, structural reorganization of production, other reasons )…».

The transition to an effective contract forces one to look for those “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, in themselves, since conditioning a change in the conditions of remuneration on a change in the conditions of remuneration is a logical vicious circle. There must be other reasons that necessitate both changing the terms of remuneration and clarifying job responsibilities.

Further. It is necessary to justify changes made to the employment contract from the point of view of their inevitability. To do this, it is advisable to refer to the order of the Government of the Russian Federation dated November 26, 2012 No. 2190-R “On approval of the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012-18”, as well as others 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 preserved. These reasons are establishing for employees indicators and criteria for assessing the effectiveness of their activities.

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

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

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

One copy is given to the employee; on the other, which remains in the institution, the employee will have to sign for receipt of his copy.

The employee may not immediately express agreement or unwillingness to work under the new conditions. If we're talking about about changes in the terms of the employment contract of a sufficiently large number of employees, then ultimately the HR employee may forget who agreed to the new working conditions and who refused them. Moreover, reluctance to work in accordance with the new terms of the employment contract is often expressed verbally by employees. Therefore, it is better to immediately offer appropriate vacancies when warning an employee about changes in working conditions. These must be all vacancies of the institution - both those corresponding to the employee’s qualifications, and vacancies that are below his qualifications. The only exceptions are those vacancies that are located in another area. The institution is obliged to offer them if this is provided for by the collective agreement or agreement. It should be remembered that vacancies must correspond to the employee’s health status. Therefore, you can either prepare 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 changes in 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 new conditions, we can offer you the following vacancies currently available in the institution...”.

Accordingly, if an 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 suit the employee, nor a suitable position in which he would like to work was found, it is necessary to dismiss the employee under clause 7 of Art. 77 Labor Code (an employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties).

If the employee agrees to work under new conditions, then two months after he receives the notice, he must sign an additional agreement to his employment contract.

Notification of changes in the terms of the employment contracttc “Notice of changes in the terms of the employment contract”

The written notice is drawn up, as usual, in two copies, one of which is given to the employee, and the other remains with the employer. On the employer's copy, the employee must sign and date the receipt of the notice. If the employee refuses to sign, his refusal is activated. An 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 it can be made in a simplified form directly on the notification.

The employee’s consent or refusal can be formulated by the employee directly on the notice (on the employer’s copy), or by signing an additional agreement to the employment contract. But this is only possible when the employee makes a decision immediately, without hesitation. The law does not specify when exactly the employee must give an answer, so it is quite possible that he will need exactly two months to think about it and on the last day he will inform the employer about his decision. In this case, this decision can be formalized in the form of a statement of consent or refusal to work in accordance with the new terms of the employment contract. 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, a mere signature on familiarization does not mean consent, and an employee can declare this in court. In case of a possible dispute, the administration of the institution should ensure 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 an employee agrees to continue working, an additional agreement is concluded with him, which must record all the changes that have occurred in the employment contract.

Conditions that must be met in order for the dismissal of an employee under clause 7 of Art. 77 Labor Code was legal:

3) there are no vacancies in the institution that suit him.

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

2) he refused to continue working;

3) he was offered another job suitable for him;

4) the employee’s refusal of the proposed job has been received.

Documentation can be carried out in the following order:

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

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

2. On the copy of the notification 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 under the new conditions.

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

Base:

1. Order for maintenance new form employment contract as part of the implementation of an effective contract dated (date) No.... (wording of the order is approximate)

2. Notification dated (date) No....

B. In case of refusal of the offered work.

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

2. The employee writes (on the 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 expresses his refusal of the offered vacancies in writing (or a statement of refusal is drawn up).

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

Base:

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

2. Notification dated (date) No....

3. Refusal to continue work from (date).

4. List of vacancies as of (date).

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

It would not be amiss to recall that changes to the terms of the employment contract, which were introduced in accordance with Art. 74 of the Labor Code must not worsen the employee’s position 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 employee’s situation in comparison with the terms and guarantees of the collective agreement and the agreements on labor agreements in force in relation to the employer. social partnership(industry, territorial, etc.).

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

The introduction of an effective contract must 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 regarding amendments to the employment contract). It assumes: “Changing the terms of an employment contract determined by the parties, including transfer to another job, is permitted only by agreement of the parties to the employment contract, except for the cases provided for 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 is 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 comes into force on a specific date and is given this document for review.

If the employee signs an addition to the employment contract, amendments to the employment contract are considered 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. Please note that changes to the employment contract do not have to be tied to the 1st day of the month, but this may cause difficulties in calculating the value of incentive payments for different criteria(before and after amendments to the employment contract).

If the employee does 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 carried out in relation to this article.