How to calculate an effective contract. Employment contract: Effective contract (sample)

An employment contract and an effective contract, this is very similar concepts. Both of them regulate the working conditions and features of obtaining pay for work. In addition, the indicated concepts include social guarantees for employees and suggest the establishment of other significant circumstances.

A professional contract and an effective contract is provided for by existing labor standards. Therefore, employers have the right to identify any form of mutual relations that are convenient for them. In this case, an effective agreement has a lot of essential features. And for the best realizing the question, these characteristic features should be more thoroughly analyzed.

What is work on an employment contract in an effective contract format?

The specified format involves a detailed establishment of several important circumstances for the employee. At the same time, the basis of the existence of legal relations between the employer and employees is the employment contract. This is the main document that the agreement is issued between the parties.

Among the features of this type of relationship, you should specify the main:

it should be very detailed to specify the foundations of destination of the awards to employees. It is necessary not just to provide them with the possibility, but to regulate them in detail. Employees should clearly know what results they should achieve to get a premium remuneration;
it is also necessary to establish in detail and consolidate the harmful work factors in the Agreement. Together with these factors, it is necessary to describe the issues of processing, its compensation. Everything that goes beyond the usual activity of the person must be specified in detail in the agreement;
the existence of social guarantees is supposed to be the TK RF. But the law does not contain detailed norms that would establish social guarantees for all categories of workers. Therefore, an effective contract involves the indication of social guarantees for one position or that position.

Thus, this form of relations is the concretization of the usual agreement on the work between the employee and the employer.

The difference between the employment contract from an effective contract

Effective contract is an employment contract with an employee in which all the main points of payment of the work performed and obtaining social guarantees are concretized.

Thus, the indicated concepts in no way contradict each other. The fact is that the agreement is the general form of resolving the legal relations of the Parties. And the specified contract makes it more detailed.

Therefore, they are concluded with employees, in whose activities specific results or performance indicators are important. For example, they often conclude with pedagogical staff, staff of factories and similar manufacturing enterprises. This allows us to conveniently and quite simply assess the results of each activity.

Based on such results, the employer solves the question of staff bonuses. In addition, employees get the opportunity to know their warranties.

An additional agreement to the employment contract on the transition to an effective contract - why is

An additional agreement towards the employment contract in the transition to an effective contract is in any case. This is necessary because it is inappropriate to issue a new main agreement.

Accordingly, the changes should be consolidated by the additional agreement. This administrative act allows you to issue new conditions for enrolling the funds and promotion of personnel most conveniently.

In an additional document, new rules of bonuses are prescribed, are listed and described in detail the guarantees to employees and reflect other important circumstances.

An approximate form of an effective contract of an effective contract - sample

To conclude and develop provisions on the reward of personnel, the transition to new rules of activity is entrusted with the personnel service together with the accounting department.

For example, compensatory enrollments are not simply proclaimed. They are described in detail. The name, the basis of enrollment and possible sizes are established. In addition, it is necessarily written, from which it depends on the assignment of one or another amount of compensation enumerations.

In addition to these conditions, the procedure for granting paid or unpaid leave should be described. It is necessary to specify the circumstances on which the duration of the vacation and the timing of its provision depends.

The specified form is a typical form. This is the official sample of the document and it can be used to all organizations of any organizational and legal form.

Question:The TK RF permits to enter into only the employment contract, it is not said anywhere that it is possible to conclude an effective contract with an employee. Against this background, is it possible to conclude with an employee an effective contract and call it an effective contract?

The concept of "effective contract" first appeared in the budget election of the President of the Russian Federation to the Federal Assembly of June 28, 2012 "On Budget Policy in 2013-2015", where, as one of the main goals of budget policy for 2013 and the medium term, provision of transition to " Effective contract. " It must clearly define the wages and the "social package" of the employee depending on the quality and number of work performed. Note that the phrase "effective contract" was taken in quotes, which means a certain convention of this term.

Approved by the order of the Government of the Russian Federation of November 26, 2012 No. 2190-p Program of phased improving the wage system in state (municipal) institutions for 2012-2018 (hereinafter referred to as the program) provided for the transition of state and municipal institutions to a system of effective contracts. In accordance with Section IV of the Program, an effective contract is an employment contract with an employee, which specifies its job responsibilities, wage conditions, indicators and evaluation criteria for the effectiveness of activities for the appointment of stimulating payments depending on the results of labor and the quality of the issued state (municipal) services, as well as social support measures. With respect to each employee, its labor function, indicators and criteria for evaluating the effectiveness of activity, the amount of remuneration is established, as well as the size of the promotion for achieving collective labor results.

The TK RF provides for the conclusion of only employment contracts (Art. 56, 57, 68, etc.). Appendix No. 3, the program provides an approximate form of an employment contract with an employee of the state (municipal) institution. Thus, conclusion with an employee of an effective contract will contradict labor legislation. The concept of "effective contract" does not replace the concepts of "employment contract" and does not even mean a new variety of employment contract. Rather, it is a modern way to stimulate workers, involving the transition to new wages.

Order of the Ministry of Labor of Russia dated April 26, 2013 No. 167n (as amended on February 20, 2014) approved recommendations for issuing employment relations with a state (municipal) institution employee with the introduction of an effective contract that should be guided in the design of labor relations with state (municipal) institutions . According to paragraph 4 of the recommendations, an employee of the institution and the employer enters the employment contract in accordance with the Labor Code of the Russian Federation using the approximate form of an employment contract given in Appendix No. 3 to the program. The employee of the institution, which is employed in labor relations with the employer, it is recommended to issue an agreement on the change in the working contract defined by the parties (paragraph 5 of the recommendations).

From this article you will learn:

The transition of state and municipal institutions on is carried out in the framework of the implementation of the state program of improving payment in them. It was approved by the order of Government No. 2190-p dated November 26, 2012 (hereinafter - the program). Its implementation is designed for the period up to 2018. Such an innovation caused a number of questions both from managers and employees of personnel services and employees of such institutions. Consider what is an effective contract, samples of this document for institutions of different areas of activity and how to transition to an effective contract.

What is an effective contract

The regulatory framework of the transition to a new system of labor relations in the budget sector, in addition to the program, is:

Decree of the President "On Measures to Implement Social Policy" No. 597 of 07.05.2012;
Order of Mintruda No. 167-H dated 26.04.2013, introducing recommendations for the conclusion of effective contracts with employees of budgetary institutions;
Industry travel maps of transition to an effective contract.

The basis for a phased transition to a new wage system in the budget sector was the decision to put the level of income of teachers, doctors, cultural workers and social sphere in direct dependence on the quality of the services they provide. The transition plan to an effective contract is aimed at bringing wages first to the level of average in the region, and then the two-time increase.

Among other goals, which pursue a change in a number of branches of the budget sector are called:

increasing the prestige of professions undermined by low salaries;
improving the overall level of qualifications of employees of budgetary institutions;
improving the quality of state and municipal social services;
transparency for the formation of wages of both ordinary employees and managers.

As explained in the program, an effective contract is a kind of employment contract. The name should not be misleading, it is not about the public service, employees of budgetary institutions remain in the same status, simply somewhat changes the nature of the payment of their labor by the employer-state. Fully meets the provisions of Art. 57 TK RF. It necessarily indicates all the required conditions:

place of work (in our case a specific institution);
labor function;
the amount of remuneration and various premiums;
operation mode and its character;
description of working conditions, etc.

Our certificate

The provisions of the program and other regulations do not imply changes to the text of the Labor Code, but contain the requirement to specify those conditions of employment contracts that concern official duties and wage systems. MINTRUD to bring personnel documentation to uniformity recommends using a sample of an additional agreement to an effective contract given as an annex to Order No. 167-N. That is, it is not about the new form of an employment contract, but only about the clarification of certain moments, in relation to its conditions.

The difference between an effective contract from the employment contract

Transition to an effective contract

The plan for the transition to an effective contract must begin with the development and criteria for its assessment. It is engaged in this Special Commission appointed by order on the introduction of an effective contract. Without performing this item, all further activities simply loses meaning.

The second stage should be amending the local acts of the organization. It is logical, because the wage system changes, which will require the revision of the conditions of the relevant position and collective agreement. All generated changes are approved by orders (with the exception of a collge language).

And only after that you can move to the conclusion with employees of additional agreements to. We are talking about those employees who are already working in the institution. With the newly incoming to work, such contracts will be concluded from the very beginning.

Our certificate

In the order of Mintruda, it is said about the need to comply with the transition to the new payment system of the procedure provided for by Art. 74 TK RF. This article provides for the possibility of a number of conditions for the employment contract unilaterally, at the request of the employer. But only in the case when on objective reasons for the same conditions are not saved.

Step-by-step procedures for the head of the institution will be as follows:

Familiarization with regulatory documents and basic performance indicators developed by the founder (state or municipality). Acquaintance with set forth in the task mechanisms for evaluating activities.
The publication of the order about the transition to an effective contract. It refers to the reasons that caused the need and inevitability of such a step. In our case, as an rationale, you can specify the program and other regulations. At the same time, the Working Party is appointed by the same order, which will have to develop a provision on an effective contract and criteria for a particular institution, using the recommendations of the Ministry of Emergency Situations and industry departments. An employee of all units get acquainted with the order. A sample of the order about the transition to an effective contract must contain a date when this happens.
Conducting an explanatory work and analysis of existing employment contracts.
Development and adoption of new local acts reflecting the change in the wage system. Pr and their acceptance must be obtained and take into account the opinion of the trade union organization. Changes are also entered into employee job descriptions. At the same time, projects of contracts and additional agreements are developed.
notice of the introduction of an effective contract, the employer is obliged to state the reasons for changes in the employment contract. According to the lawyers, the need to change the payment system is quite falling under the criterion of changes in the organizational nature, which gives the employer the right of his will change the conditions of employment contract. A sample notification of the transition to an effective contract can be found on our website.
Conclusion of additional agreements. Since we are talking about changes in the conditions of existing employment contracts, then only such an order is permissible. Termination or termination of the contract means dismissal for the employee. The employer has the right to do it on its own initiative only in strictly defined cases (Art. 81 of the Labor Code of the Russian Federation). The transition to the system of an effective contract does not apply to them.
Resolution of the situation with those employees who do not want to work in new conditions.

Let us dwell on the last paragraph. Art. 72 TK RF obliges the employer to receive consent from the employee to any changes in the employment contract. And cases provided for by Art. 74 TK RF, will not be an exception. The employee has the right to decide independently, whether to him the conditions that the employer offers. And agree with the change in the employment contract or refuse.

If the employee refuses to sign an effective contract, the employer should offer him a translation of an another position to which the contract action does not apply. However, given the general obligation of such a wage system, it is easy to assume that such vacancies simply will not be. The employer is not obliged to create them specially.

In such a situation, after the end of the warning period (or earlier, but only by mutual agreement), the employment contract with a stubborn employee ceases, good in Art. 77 TK RF for this, the appropriate basis is provided. The order of dismissal in this case is observed.

an order to terminate the employment contract (the form T-8) is published, in which it is called paragraph 7 of Art. 77 TC RF;
the worker meets the order and confirms this fact as painting;
the recording of the appropriate content in the personal card is made (T-2 form) and the employment record;
the dismissal entry is assigned to the seal and signatures of the head of the personnel service and the employee itself;
labor book is issued, calculation with all accrued compensation and necessary documents.

The Ministry of Labor recommends that in the preparation of additional agreements in the transition to an effective contract to adhere to the requirements of Art. 57 TK RF. At the same time, the definition given in the program requires an employment contract to concretize such conditions as duties, payment and criteria for efficiency. They need to be set forth in an additional agreement.

Regardless of which area there is an institution, in the Additional Agreement, those moments that were not previously included in the employment contract must be reflected. In particular, it is recommended directly in the text of the Agreement to reflect job responsibilities. If the employee combines positions, then additionally indicates which works and in what volume it is assigned to it.

As for industry features, they are reflected in the criteria that should be guided by assessing effectiveness. Consider what recommendations give institutions in the field of education, health, culture and social services.

Labor payment in an effective contract

The remuneration system in the implementation of an effective contract fully complies with the requirements of labor legislation. This means that it includes the basic part (salary), compensation payments and the stimulating part. It is on the size of the latter and will influence the achievement of indicators defined in the contract.

For the high result and intensity of work. May include premiums and the performance of work that are of particular importance or requiring increased responsibility.
For quality labor. In addition to the premium for the excellent implementation of the State Region, it may include surveillance surveillance.
For continuous professional experience and long service.
Prizes on the results of work for a certain period (month, semester, half year, etc.).
Compensation for work in special conditions and the district coefficient, etc.

In the most effective contract or in an additional agreement, all payments are specifically specifically specifically for a specific employee. In the future, the criteria and the amount of payments will be revised when extending or revising the conditions of an effective contract.

Translating employees to an effective contract, the head must remember that the change in working conditions should not reduce the level of guarantees provided for by labor legislation. This applies not only to the size of the wages of employees of institutions, but also the proceeding of the new payment system. Any violations may cause a labor dispute.

10 Errors in the transition to an effective contract

The transition to an effective contract is the actual change in systems and wage size. At the same time, the practice of the last two years has shown that when switching to new wages, budget organizations allow mistakes. Some controversial situations have already been considered in the courts. From the article you will learn what misses do your colleagues, and get recommendations how to avoid them.

History of the question

Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On events for the implementation of state social policy" the Government of the Russian Federation was instructed to adopt a program of phased improving the wage system of employees of the budget sector of the economy, while improving the wage to achieve specific quality indicators and the number of services provided. The goal is to preserve the personnel potential and increase the prestigiousness and attractiveness of professions in the budget sector of the economy.

The program of phased improving the wage system in state (municipal) institutions for 2012-2018 was approved (hereinafter referred to as the program of improving the wage system, Order No. 2190-p). It provides for the transition to a new system of labor relations, which is based on a mechanism of an effective contract. This mechanism implies inclusion in an employment contract with an employee of indicators and criteria for assessing the effectiveness of its activities to appoint stimulating payments depending on the results of labor and the quality of services provided.

The federal executive bodies were entrusted to approve recommendations on the design of labor relations with employees in the introduction of an effective contract in terms of setting indicators, criteria and conditions of stimulating payments. The result of this order became order of the Ministry of Labor of Russia dated 04.26.2013 No. 167n "On approval of recommendations for issuing labor relations with an employee of the state (municipal) institution in the introduction of an effective contract" (hereinafter referred to as recommendations for the design of labor relations with the employee).

It was from April 2013 that state (municipal) institutions began to go to an effective contract. The process must be completed by the end of 2018.

Consider typical mistakes that are allowed by heads of state (municipal) institutions when switching to an effective contract.

Error 1. Drawing up a document "Effective Contract"

Effective contract is not the name of the document, but a term reflecting the features of the content of an employment contract with a budget institution officer.

Labor relations arise between an employee and an employer on the basis of an employment contract ( art. sixteen Labor Code of the Russian Federation from 12/30/2001 No. 197-FZ, Further - TK RF.). The term "contract" in TK RF. Not used at all.

Council. With the work taken by employees, enter into an ordinary employment contract - on the conditions reflecting the essence of an effective contract. With employees who are already working in the organization, the transition to a new wage system make up an additional agreement to an existing employment contract.

Error 2. Conclusion of urgent employment contracts for the transition to an effective contract

Urgent employment contracts are concluded only if there are legal grounds for this. Therefore, when admitting a job in a budgetary institution, an employee for a general rule is made indefinitely.

Some employers when making changes related to new wages, establish the term of employment contract. It is unlawful for two reasons:

1. To change the term of labor relations there are no objective grounds.

2. The type of contract is urgent or concluded indefinitely - is determined at the time of its conclusion.

Council. Do not limit the term of employment relationships, concluding an effective contract if there is no foundations provided for in TK RF..

Error 3. Conclusion of an employment contract without adjusting an approximate form

In the approximate form of an employment contract with an employee of the state (municipal) institution, approved. order of the Government of the Russian Federation of November 26, 2012 No. 2190-R (hereinafter referred to as the approximate form of an employment contract), not all conditions that should be included in the employment contract are listed. Therefore, it does not fully comply with the requirements. art. 57. TK RF.

Often employers understand Order number 2190-p literally and afraid to retreat from Approximate form of an employment contract, at the same assessment, when it seems that there are no such conditions in it as a place of work, working conditions in the workplace, guarantees and compensation for working with harmful and (or) hazardous working conditions indicating the characteristics of working conditions in the workplace (if the worker Accepted to work in such conditions) and others.

At the same time, the conditions listed in the real employment contracts do not always fall into real employment contracts. Approximate form of an employment contract:

1. Rights and obligations of the employee and employer

These provisions are included in the employment contract. Their absence is not considered as a refusal to implement these rights or execute these duties.

2. Structural unit in which employee will work

An indication of the refined place of work, including the structural unit and its location, is an additional condition for the employment contract.

3. Entry of employment contract for

Fixing this date is an exception. As a general rule, the employment contract comes into force from the date of its signing by the employee and the employer ( art. 61 TK RF.).

4. Working hours and rest time

The time of work time and recreation time is mandatory only if it differs from the general rules acting at the employer for this particular employee.

Council. Include in an employment contract not only the provisions specified in Disposal number 2190-p, but also mandatory conditions defined art. 57. TK RF.

Error 4. Change the condition about remuneration without refining an employment function

First of all, the official duties of the employee must be specified in an effective contract. Approximate form of an employment contract It imposes an indication of specific types of work, which the employee must fulfill, and not only the names of the post, profession, specialty.

Of course, job responsibilities can be clarified in the official instruction, giving a reference to her in the employment contract (information of the Ministry of Labor of Russia dated November 28, 2013 "Answers to the issues of the Government of the Saratov region on monitoring the implementation of the decrees of the President of the Russian Federation of May 7, 2012 No. 597" Events on the implementation of state social policy, "dated June 1, 2012 No. 761" On the National Strategy of Action for Children for 2012-2017 "and dated December 28, 2012 No. 1688" On some measures to implement state policy in the field of protection Orphans and children left without parental care ", as well as programs for phased improving the wage system in state (municipal) institutions for 2012-2018, approved by the Order of the Government of the Russian Federation of November 26, 2012 No. 2190-p").

Council. When switching to an effective contract configure employee officials in an additional agreement to the employment contract.

Worker in two months should be notified:

On the upcoming changes to the conditions of the employment contract determined by the parties;

About the reasons that caused the need for such changes.

Error 5. Absence in the labor contract specifying the terms of wages

In the employment contract, which meets the requirements of an effective contract, the terms of labor remuneration, indicators and criteria for assessing the effectiveness of activities to appoint stimulating payments depending on the results of labor and the quality of the state (municipal) services provided ( p. 13 of the approximate form of an employment contract).

MINTRU RUSSIA, explaining the translation of employees to an effective contract, recommends:

· Fix in the names of payments of compensation, their size, factors resulting from obtaining them;

· Indicate in contracts for the name of a stimulant nature, the conditions for their receipt, indicators and criteria for evaluating the effectiveness of activities, the frequency, the amount of payments;

· Not limited to references to the provisions of local regulations governing the implementation of payments of stimulating and compensatory nature (PP. 8 and 13 Recommendations for the design of employment relations with a state (municipal) institution, with the introduction of an effective contract, approved. order of the Ministry of Labor of Russia dated 04.26.2013 No. 167nfurther - recommendations).

Indicate in the labor contract the size of all payments included in the wage is optional. Such a conclusion follows from literal Definitions of the concept of "effective contract" given by the Government of the Russian Federation. The exception is only the size of the tariff rate or salary (job salary) of the employee (art. 57 TC RF).

It is not enough, however, to specify the individual indicators and criteria for assessing the effectiveness of activities. The size of remuneration and promotion must be set for the achievement of collective labor results. In unified recommendations for establishing at the federal, regional and local levels of wage systems for state and municipal institutions for 2015 (approved. by the decision of the Russian Trilateral Commission on the Regulation of Socio-Labor Relations of 12/24/2014) It is also said that in the employment contract the amount of compensation payments and the conditions for the implementation of payments of a stimulating nature are envisaged.

Council. Indicate in the work contract size (or calculus method) of all components of wages.

Error 6. Criteria and performance indicators of employees are not developed

Criteria and performance indicators are the basis of changes in the wage system of state (municipal) institutions. Without their development and implementation, it is impossible to make changes to employment contracts and apply new wages.

Taking into account the introduction of indicators and criteria for the efficiency of activities is regarded by the inspection bodies and courts as a change in the organizational working conditions. This allows you to use the procedure for changing the conditions defined by the Terms of Labor Conditions unilaterally ( art. 74 TC RF).

Council. Develop criteria and performance indicators of the employee's activities before changing the condition of labor payment in its labor contract.

Error 7. Translation for an effective contract of only the main personnel of the institution

Legislation does not provide an indication that the effective contract is introduced for individual categories of workers. So, a new approach to pay for labor is applied to all employees working in state (municipal) institutions.

Thus, due to the Order No. 157n, recommendations can be applied in the design of labor relations with all employees of the institution. For each of them, the labor function, indicators and criteria for evaluating the effectiveness of activities are established, the amount of remuneration and promotion of the achievement of collective labor results is established (PP. 1 , 2 Recommendations).

If the criteria and performance indicators are not designed for all employees, but, for example, only for the main personnel, the goal, for which a new system of remuneration of state employees is introduced, will not be achieved.

Council. Criteria and performance indicators Install in relation to all employees of the organization.

Error 8. Changes are not made into a collective agreement, a local regulatory act dedicated to pay

Translation of employees to an effective contract through the introduction of indicators and criteria for the effectiveness of activity changes the wage system in state (municipal) institutions. Transferring employees to effective contracts for the rules art. 74. The Labor Code of the Russian Federation, as the Ministry of Labor recommends that Russia is recommended, employers forget about one important requirement. The changes in the conditions of the employment contract defined by the parties should not worsen the position of the employee compared with the established collective agreement, agreements. Therefore, first changes must be made to a collective agreement.

It is true and with respect to local regulatory acts dedicated to pay. Salary employee is established by the employment contract in accordance with the wage systems applicable from this employer ( art. 134 TC RF). In turn, wage systems, including the size of tariff rates, salaries (official salaries), surcharges and premiums of compensatory and stimulating nature, as well as bonuses installed by collective agreements, agreements, local regulatory acts in accordance with labor legislation.

Council. First, fix the change in the wage system (including indicators and criteria for the effectiveness of workers' activities, the frequency of their assessment) in the wage position (collective agreement) and only then amount to additional agreements to employment contracts.

Mandatory conditions of employment contract ( h. 2 tbsp. 57 TC RF):

Place of work, place of work indicating a separate structural division and its location;

Labor function;

Start date;

Term of the contract and circumstances that served as the basis for the conclusion of an urgent employment contract;

Wages;

Working time and recreation time (if different from the general rules operating in this employer);

Guarantees and compensation for working with harmful and (or) hazardous working conditions indicating the characteristics of working conditions in the workplace;

Conditions that determine in some cases the nature of the work (mobile, traveling, on the way, etc.);

Working conditions in the workplace;

The condition for the obligatory social insurance of the employee;

Other conditions in cases provided for by labor legislation.

Error 9. Violation of the notification procedure for changes defined by the parties

Some employers handed workers notice "On the transition to an effective contract", providing for negative consequences in case of refusing to sign an additional agreement to the employment contract. At the same time, it is not clear from the content of the notification, which conditions of the employment contract are changed.

Inform the employee about the upcoming changes - it means to directly indicate in the notification, which will change in the contract and what will be new conditions. Failure to comply with this requirement may have negative consequences for the employer: from a fine for non-compliance with labor legislation to recognizing illegal dismissal of an employee in connection with the refusal to continue working in the changed conditions.

Council. In the notification of the transition to an effective contract, specify all changes in the conditions of the employment contract.

B. appealed to the court with a lawsuit against the municipal budget institution<…> On restoration at work, recovery of average earnings during the forced absenteeism and compensation for moral damage.

B. held a medical sister on physiotherapy and was fired after refusing to continue working in connection with the change in the working contract defined by the parties.

B. wrote an application for the provision of annual paid additional leave with a duration of 12 working days. And he received a refusal on the grounds that additional vacation in the organization was canceled. However, the plaintiff was not notified of such changes, the right to additional vacation was envisaged p. 1.7. its employment contract.

In the personnel department, B. proposed to sign an additional agreement on the change in the conditions defined by the Terms of the Labor Treaty. The plaintiff refused to do this, after which the Deputy Director threatened with her dismissal "under the article", accusing to refuse to sign an additional agreement. B. stated that he will sign an add-capacity, but the actual date.

The representative of the defendant claims did not recognize, indicating that the dismissal of B. was performed in full compliance with art. 74. TK RF. Changes in the conditions of employment contract B. was caused by a change in the organizational working conditions in connection with the phased improvement of remuneration in municipal institutions and the introduction of an effective contract. For two months, notifications were sent to all employees about the upcoming changes in the conditions of employment contract and their reason.

In addition, after conducting a special assessment of working conditions into the employment contract B., changes were made in terms of the abolition of the annual additional paid leave by his position. The plaintiff refused to sign the appropriate additional agreement.

She refused from the vacancy of a social worker. After executing the employer of all the conditions provided by law B. was dismissed.

The court found that according to the rules of the internal labor regulation of the defendant, the medical sisters in physiotherapy was provided with an additional vacation - 14 calendar days (12 working days after recalculating them into calendar).

Order of the director of the municipal budgetary institution<…> The rules were approved in a new edition, according to which employees are annually provided by the main vacation, and the procedure for granting an annual additional paid vacation is recognized as invalid.

The defendant approved the form of an employment contract that meets the requirements of an effective contract, gave an order to issue additional agreements on changing the parties to the conditions of employment contract.

B. was notified of the introduction of an effective contract in the MBU "K", it clarified its features. In an effective contract compared to the previous conditions of the employment contract, its official duties, wage conditions, indicators and criteria for assessing the effectiveness of activities for the appointment of stimulating payments, depending on the results of labor and the quality of the state (municipal) services provided, as well as social support measures are concluded. In addition, B. was offered to issue an additional agreement to the employment contract with the specifying specific changes and additions. At the same time, the notification has not said that exactly the terms of the contract will change.

With B. A conversation was held that the institution has developed additional agreements to the employment contracts of all employees, an effective contract has been introduced. Additional agreements are prescribed by officials, wages, the number of days of vacation and other conditions. B. refused to sign an additional agreement to the employment contract, which was drawn up by the ACT.

The law provides for the possibility of changing the conditions of the employment contract on the initiative of the employer. At the same time, the legal guarantee of the employee is to notify it about changes in working conditions in writing in the period established by law. Although the form of such notifications is not enshrined, it is known that it should contain information on the specific conditions of the employment contract to be changed (the nature of the changes) and the reasons that caused these changes.

The defendant did not provide evidence that the plaintiff was familiar with the text of an additional agreement to the employment contract two months before the date of its signing. In the notification of the change in the terms of the contract, which specifically the wage conditions will be changed. On this basis, the court concluded that the plaintiff was improperly notified of the upcoming changes in the conditions of employment contract and dismissed with a violation of the procedure established by law. B. was restored at work ( decision of the October District Court of Penza from 28.08.2014 in case number 2-1748 / 2014).

Error 10. Employees who refused to go to an effective contract is not proposed.

Employers explain this by the fact that the posts that could be offered to the employee also "pass" to an effective contract, which means there is no point in talking about them. But article 74. The TK RF contains the imperative rule: dismissal is allowed only if the employee cannot be translated into another job. Proving the impossibility of translation - your, employer, task.

Council.Employees who abandoned the transition to an effective contract, in writing, invite the translation to another job.

In conclusion, we note that all attempts of workers through the court to recognize the transition to an effective contract with discrimination in the field of labor, the deterioration of their rights turns out to be unsuccessful. The courts confirm that budgetary institutions act within the law and enter the wage systems, fulfilling the requirements of the President of the Russian Federation and the Government of the Russian Federation.

The program of gradual improvement of the wage system in state and municipal institutions for 2012-2018 determines that an effective contract in a budgetary institution is an employment contract with an employee who is clearly marked by his job duties, all the terms of wages, indicators and evaluation criteria His work, conditions for receiving premiums, as well as social support measures. Thus, labor fees in the public sector, an effective contract connects with the results of work as a particular employee and the budgetary organization as a whole.

Effective contracts for state employees are used in federal state institutions, and also conclude with employees of state and municipal institutions of the constituent entities of the Russian Federation.

The contract for each position requires specification:

responsibilities;
indicators and criteria for assessing the effectiveness of activities;
the salary;
additional promotions for achievements.

system of remuneration (job salaries, salary rates, surcharges, surcharges, etc.);
laboring system;
working conditions following the results of a special assessment;
working time mode;
conditions that determine the nature of the work (mobile, traveling, on the way, another nature of work).

The main problem in the introduction of such an agreement is related to the fact that it is necessary to develop clear indicators of the results of work that can be easily measured. It is also necessary to build a universal system of requirements for all employees, it must flow from the requirements for the activity of the budget organization itself. These requirements are provided for in the state and municipal task and other similar documents.

If this is not done, there will be an ordinary employment contract, only very voluminous. It will not provide desired efficiency.

How to implement

The order is not complicated and consists of four stages. Each will require time, attention and comprehensive assessment, so it is recommended to create a special working group to be included in the representatives of the administration, employees and trade unions.

Stage 1. Develop or update the regulatory documentation, which regulates the criteria for evaluating the effectiveness and norm of labor and the obligations of each post on a staffing schedule. Remember that all internal documents must be approved and inserted.

Stage 2. Change to the rules of internal labor regulations, about bonus, stimulating and compensating payments. These documents and an effective contract should not contradict each other.

Stage 3. Prepare new employment contracts for each post. They will be subscribed to new employees. For those who already work, it is necessary to prepare additional agreements to the current labor contracts, and to specify all innovations, thereby equating the conditions with an effective contract.

Stage 4. Sign additional agreements. It is important to remember that in this case the conditions of the employment contract change on the initiative of the employer, so it is extremely important to fulfill all the requirements of the Labor Code of the Russian Federation. First of all, you need to send an employee written notice no later than in two months. To sign an additional agreement to the employment contract, it is not necessary to wait for the end of this period. If the employee refuses, it is necessary in writing to offer him another position, including the one-paying. It is important that the qualifications and experience of the employee allow it to take it (part 3 of Art. 74 of the Labor Code of the Russian Federation). However, if the budget institution fully transfers to an effective contract, it will not be possible to choose a vacancy with the previous working conditions. In this case is issued