We are moving to an efficient contract according to the rules. Moving to an effective contract in education - how to fill out a sample? An effective contract with a primary school teacher

This concept appeared in Russian labor law five years ago, so it cannot be called new. The term was introduced into use by the Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which approved the Program for improving the system of remuneration of public sector employees. In fact, this is a standard labor contract, drawn up in accordance with article 57 of the Labor Code of the Russian Federation, in which some conditions are spelled out in more volume that relate to:

• employee responsibilities (job function);
• terms of remuneration and social support measures;
• criteria for evaluating labor efficiency;
• the concept of incentive payments depending on the results of labor activity.

The transition to a new system of remuneration in an educational institution should ensure a decent level of salaries for teachers and other teachers. Therefore, in the contract, its size directly depends on the volume, intensity and quality of the work performed. At the same time, the indicators of one employee are closely related to the indicators of the effectiveness of the entire educational organization. The transition to an effective contract in education should be phased, and the last phase ends in 2020. This means that by the end of next year, all teachers should receive incentive payments based on their performance.

First steps towards efficiency and regulatory framework

There is a whole list of regulatory documents that must be followed when developing and implementing an effective contract, for example:

• Decree of the President of the Russian Federation of 05/07/2012 No. 597;
• the state program "Development of education" for 2013-2020, approved by the Order of the Government of the Russian Federation of 15.05.2013 No. 792-r;
• the program for the gradual improvement of the remuneration 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-r;
• Order of the Ministry of Labor of Russia No. 167n dated 04/26/2013;
• letter from the Ministry of Education and Science of Russia dated 20.06.2013 No. AP-1073/02 (performance indicators in educational institutions).

In addition, regulatory legal acts of subordinate state, municipal educational institutions, approved by local governments for specific cases and branches of education, are applied. It is important to understand that any educational organization must bring its activities in line with the new conditions, that is:

1. Eliminate incentive payments for indicators that are uncertain. Therefore, employment contracts should not contain vague wording of the type of "conscientious fulfillment of duties".
2. Do not consider incentive payments, which are actually a guaranteed part of wages.
3. Divide the payroll set in the organization into two parts: guaranteed (salary) and incentive (pay for outstanding performance).
4. Approve performance indicators for educators.

To fulfill the last point, you need to apply the recommendations of the Ministry of Education from letter No. AP-1073/02. In particular, the following indicators can be included in an effective contract with a teacher:

The choice of specific items depends on the qualifications of the teacher, his experience and direction of activity. Therefore, let's take a closer look at a sample of an effective contract with a school teacher.

The structure and function of an effective contract

When drawing up a regular employment contract, the employee's duties are approved by the job description, and the conditions for incentive payments are approved by the local regulatory act of the organization. The Ministry of Labor recommends, when drawing up an effective contract, not to be limited to referring to the order on compensation and incentive payments, but to prescribe them directly in the document along with the criteria for labor productivity. These criteria must be assessed in points, percentages, etc. It is important to remember that the transition to an effective contract in education means that the employee will be guaranteed only the official salary (rate), and all other incentive payments will be accrued only if his work corresponds to the accepted in an educational institution indicators of labor efficiency.

The structure of the document will look like this:

1. Place of work. If the teacher works in a branch, representative office or other separate division, you should write down both the address of the main institution and the name of the division with its location.
2. Labor function (indicating qualifications, positions and specialties).
3. Labor remuneration conditions.
4. Work and rest mode.
5. Length of paid annual leave.
6. Social support measures.
7. Other conditions due to the specifics of the work of the educational organization.

Labor function

The main problem in the development of such a document is related to the definition of measurable performance indicators. These indicators need to be carefully considered and, if possible, tested. It is necessary to indicate directly in the text of the document the job responsibilities (Article 21 of the Labor Code of the Russian Federation), as well as the system of requirements for work arising from the requirements for the activities of the institution itself. All job responsibilities must also comply with the approved professional standard for the profession. It might look something like this:

Salary

Labor regime and social support

Among other things, the EC must necessarily indicate the measures of social support guaranteed to the teacher. As a rule, we are talking about compulsory insurance provided for by the legislation of the Russian Federation. However, if the organization provides complementary social protection, this should also be indicated. It is necessary to prescribe in the EC the duration of the working day, weeks, conditions for recruiting to work on weekends and a guaranteed annual paid vacation.

Execution of an effective contract or additional agreement

It is possible to formalize the labor relations of educational workers according to the new rules:

• directly at the time of employment;
• in the form of an additional agreement with those employees who are already in an employment relationship with the organization.

The transition to an effective contract with a teacher and the accompanying amendments to the labor contract are carried out in the manner prescribed by article 74 of the Labor Code of the Russian Federation. This article allows changes in the terms of the employment contract related to organizational issues, by the employer's decision unilaterally. However, it is imperative to notify each employee in writing at least two months before registration. If the teacher refuses to continue working on new conditions, then labor relations with him can be terminated in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation In this case, a two-week severance pay must be paid (Article 178 of the Labor Code of the Russian Federation).

The transition to an effective contract in education should be completed in 2020. This will not only increase the level of teachers' salaries, but also motivate them to improve the quality of educational services, improve their qualifications and bring the learning process to a new level. In this article, you will learn all the nuances of drawing up this type of employment contract, as well as find a sample of an effective contract with a school teacher.

What is an effective contract in education

The term "effective contract" was introduced by the Order of the Government of the Russian Federation of November 26, 2012 No. 2190-r, which approved the Program for improving the system of remuneration of public sector employees. An effective contract is a standard employment contract drawn up in accordance with article 57 of the Labor Code of the Russian Federation, in which some conditions are expanded, namely:

• the employee's responsibilities are described in as much detail as possible;
• the terms of remuneration and social support measures are regulated in detail;
• special emphasis is placed on indicators and criteria for assessing the effectiveness of teachers for assigning incentive payments to them, depending on the results of work.

According to officials, the transition to a new system of remuneration in an educational institution will ensure a decent level of salaries for teachers. This determines the relationship between its size and the volume, intensity and quality of the work performed. Also, the approved indicators should be correlated with the performance indicators of the entire educational organization, which, in turn, must carry out the following actions:

1. Avoid incentive payments for metrics that are ambiguous, such as language like “doing good in good faith”. They should be replaced by estimates that have measurable parameters.
2. Exclude from incentive payments those that traditionally relate to the guaranteed part of wages.
3. Divide the payroll into two parts: guaranteed (official salary) and incentive (payment for outstanding performance).

Normative base

The introduction of an effective contract is defined by:

1. The State Program "Development of Education" for 2013-2020, approved by the Order of the Government of the Russian Federation of 15.05.2013 No. 792-r.
2. The program for the gradual improvement of the remuneration 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-r.
3. Letter from the Ministry of Education and Science of Russia dated 20.06.2013 No. AP-1073/02, which contains information on performance indicators in educational institutions.
4. Performance indicators of the subordinate state, municipal educational institutions, approved by local authorities.

Performance indicators for teachers

According to the Recommendations of the Ministry of Education, which are contained in Letter No. AP-1073/02, when introducing effective contracts, educational institutions must approve performance indicators for teaching staff. For instance:

Incentive and compensation payments

The procedure for concluding an effective contract

Registration of labor relations with the introduction of an effective contract is carried out:

• when applying for a job. The new form of the agreement can be found in Appendix No. 3 to Program No. 2190-r;
• with employees who are already in an employment relationship with the employer, an additional agreement to the employment contract is concluded in the manner prescribed by the Labor Code of the Russian Federation.

The transition to an effective contract with a teacher and the accompanying amendments to the employment contract are carried out in the manner prescribed article 74 of the Labor Code of the Russian Federation... Changes in the terms of remuneration associated with organizational changes are allowed by the decision of the employer unilaterally. In this case, it is necessary to notify the teacher in writing at least two months in advance.

If the teacher refuses to continue working on new conditions, then the employment contract with him can be terminated in the manner provided for in clause 7 Art. 77 of the Labor Code of the Russian Federation, with payment of a two-week severance pay ( Art. 178 of the Labor Code of the Russian Federation).

Completing an effective contract

The following must be specified in the contract and the supplementary agreement:

1. Place of work. If the teacher works in a branch, representative office or other separate division, you must first indicate the address of the institution, and then the name of the division with its location.
2. Labor function (indicating qualifications, positions and specialties).
3. Labor remuneration conditions. This paragraph should regulate the procedure for paying salaries, as well as incentive and compensation payments. To do this, it is necessary to prescribe the conditions for their receipt, as well as indicators and criteria for assessing efficiency, frequency and size.
4. Work and rest mode.
5. Length of paid annual leave.
6. Social support measures.
7. Other conditions due to the specifics of the work of an educational institution.

You can download a sample of an effective contract in education at the end of the article.

Algorithm of actions

When switching to a new payment system, an employer must go through the following steps:

1. Employees should carefully review the legal and regulatory framework.
2. MoE leaders with educational mandates should develop performance indicators for their supervised organizations.
3. The educational institution must develop its own performance criteria and make appropriate changes to the Regulation on remuneration.
4. The personnel department develops the form of agreements (contracts) and additional agreements taking into account Appendix No. 3 to Program No. 2190-r and Recommendations No. 167n.
5. The manager issues an order for the transition to an effective contract.
6. The staff gets acquainted with the innovations.
7. The employer enters into additional agreements with employees.

The new document is gaining popularity due to the opinion that the labor activity of educational workers will no longer be associated with low-paid or not prestigious. Its goal is to set the salary at such a level that it corresponds to the quality of teachers' work and is at a sufficient level in comparison with other areas, and the system itself does not worsen the level of education, and also does not increase the load on students in general.

An effective contract in education, what is it, how to switch to it?

An effective contract in education is a contract that deals with working relationships with educators. The document spells out in detail all the duties of the teacher, indicators and criteria that make it possible to assess the effectiveness of work with a further goal of stimulating additional payments based on the results, depending on the quality of municipal services. Also, measures of social support for employees are described.

Mandatory components:

• 1. Pedagogical functions;
• 2. Indicators and criteria for assessing labor efficiency;
• 3. The amount of incentive payments and the conditions for their accrual based on the prescribed indicators.

All areas of government support are required by law to move to an effective contract. In fact, it is not a completely new legal document - rather, it is modified and supplemented, and the changes affected only the salary and the conditions for its payment, and the notice of the state of affairs the day before must be presented to employees.

First of all, in every state. establishment by management in tandem with the union, the necessary performance criteria should be developed. It is not enough to simply notify the trade union; without its participation, the employer has no right to develop it independently.

In practice, a new contract is concluded by signing an additional agreement with teachers. The completed sample can be downloaded

Transition to an effective contract in education - transition terms

Having planned the transition, the employer must provide employees with notifications at least two months in advance of the planned transition to the updated type of relationship. The purpose of the notification is to inform and give the employee time to familiarize himself with all the conditions, as well as to decide whether to agree to the changes.

If the employer lowers the level of guarantees to the teacher regarding the previous conditions or does not comply with all the transfer procedures (or at least there is no notification) developed by the Ministry of Labor of the Russian Federation, according to the law, he will not be able to dismiss the employee if he does not agree to the transfer.

Effective contract in education - sample filling

The implementation of the contract in preschool institutions is introduced in several stages:
1. Informing about the upcoming innovations at the teachers' council of the preschool institution.
2. Written notification of teachers.
3. Development of indicators and criteria and their approval by acts drawn up by the preschool institution.
4. Development of a provision, agreement and supplementary agreement:

• Sample effective contract in early childhood education free download
• A sample of filling out an additional agreement in preschool education download

5. Previous incentive payments are canceled if efficiency indicators were not taken into account in their formation.
6. Changes to the regulations on remuneration of preschool institutions.
7. Conclusion of agreements with teachers.

Efficient contract clause in education

There is a list of government regulations that govern the operation of an effective contract in education. Their list can be downloaded for free

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

From the article you will learn:

For several years now, educational institutions have been introducing effective contracts with teachers. The transition to these types of contracts should lead to an improvement in the system of incentive payments for teaching staff state and municipal institutions. Their income will depend on whether they achieve the established indicators of the quality and quantity of state or municipal services that teachers provide (section IV of the Program, approved by order of the Government of the Russian Federation of November 26, 2012 No. 2190-r). There are different indicators for institutions of various industry profiles. By order of the Ministry of Labor of the Russian Federation of April 26, 2013 No. 167n, recommendations were approved 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 in 2012 in connection with the adoption of the System Improvement Program wages in state and municipal institutions. Employers of the public sector of the economy should apply such contracts. According to the program approved by the state, work on the transition to an effective contract in education should be completed in 2018.

Download related documents:

Important! An effective contract is an employment contract with an employee of a state or municipal institution, which sets out in detail the employee's job responsibilities and the conditions of remuneration, which are conditional on the fulfillment of predetermined 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 deal with the introduction of effective contracts;
• indicators and criteria by which the efficiency of work of employees of the institution will be assessed;
• internal regulation on the establishment of labor standards for employees, taking into account industry specifics;
• local act, which describes the content and scope of labor functions of each employee.

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

• regulations on the remuneration system, regulations on incentive and compensatory payments,
• bonus regulations,
• job descriptions etc.

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 labor 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 an effective contract:

Performance criteria in a sample effective contract

The employer must criteria for the effectiveness of incentive payments. Define your performance criteria for each employee in an effective contract template, taking into account federal, regional and local regulations.

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

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

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

Effective contract form

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

A sample of an effective contract in education you can download a sample of filling in this article.

Download in.doc

Download in.doc

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

Conditions to be reflected in an effective contract:

1. full job responsibilities
2. the amount of additional work that the teacher performs without release from the work specified in the TD
3. 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 indicators of quality, as well as effectiveness and efficiency.

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