The concept of an effective contract appeared in the everyday life of government agencies six years ago along with the Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, which adopted the “Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012–2018” (the Program). According to Section VI, this Program is now at the last, III stage (2016-2018) and requires the completion of work on concluding such employment contracts with employees that will ensure effective work. This means that such contracts must be concluded with all employees of government organizations by 2020, and contract managers (CMs) are no exception.
Industry specifics
For certain areas of activity, their own regulatory documents have been developed and adopted regulating the procedure for its implementation, for example, for:
- medical organizations - order of the Ministry of Health of the Russian Federation No. 421;
- educational organizations - letter of the Ministry of Education and Science of the Russian Federation No. AP-1073/02;
- cultural institutions - order of the Ministry of Culture of the Russian Federation No. 920;
- social service organizations - order of the Ministry of Labor of the Russian Federation No. 287.
Action plans (“road maps”) for relevant areas have been developed. For example, for the sphere of education and science, the “road map” was introduced by Decree of the Government of the Russian Federation No. 722-r.
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Performance indicators
As for performance indicators, regulations on them were developed by government bodies that have jurisdiction over educational organizations. For example, Order of the Ministry of Education and Science of the Russian Federation dated November 8, 2010 No. 1116 “On target performance indicators for budgetary educational institutions under the jurisdiction of the Ministry of Education and Science of the Russian Federation” approved lists of target performance indicators for budgetary institutions under its jurisdiction and implementing programs:
- basic general education;
- special vocational schools;
- secondary vocational education;
- higher professional education;
- additional professional education (advanced training) of specialists.
According to the Methodological Recommendations of the Ministry of Education and Science[1], when developing performance indicators by state authorities of the constituent entities of the Russian Federation and local self-government bodies, it is necessary to ensure collegiality and involve organizations that carry out state and public management in the field of education, labor collectives, and trade union organizations.
For your information:
Information on the performance results of heads of educational organizations and teaching staff in accordance with the approved list of performance indicators should be posted in the public domain on the websites of these organizations on the Internet.
Based on the approved list of performance indicators, local acts of the municipality (founder) and the educational organization determine the mechanism and procedure for distributing the incentive fund for the head and teaching staff. At the same time, decisions on the distribution of this fund, taking into account the approved performance indicators, should also be carried out with the involvement of representatives of organizations engaged in state and public management in the field of education, labor collectives and trade union organizations.
How to organize the work of transferring employees to EC
The method of concluding a contract depends on whether the person is already in a relationship with the employer or is just about to enter into such a relationship.
In the case of ongoing labor relations, an additional agreement should be concluded to the existing agreements with amendments in accordance with Art. 74 Labor Code (clause 6 of Order No. 167n). These actions are possible by agreement of the parties and are documented in writing (Article 72 of the Labor Code of the Russian Federation). The employer is obliged to inform the employee in writing two months before the planned changes and about the reasons that caused them (Article 74 of the Labor Code of the Russian Federation).
If the employee refuses, you can change the terms of the existing agreement unilaterally. To do this, the employer must indicate the reasons and justify them as inevitable. In particular, the employer should refer to changes in the regulatory framework for the remuneration system and the introduction of an effective contract system. If the employee refuses to work under the new conditions, the employment contract with him is terminated.
The mandatory program introduces new indicators and criteria for assessing the performance of employees, and this leads to changes in wage conditions and clarification of job responsibilities. These facts indicate the inevitability of changes to the employment agreement.
If an employee is hired for the first time, an agreement is signed with him in the format recommended in Order No. 2190-r.
The main innovations, compared to the terms of the employment agreement, are:
- adjustment of wage conditions (establishment of compensation and incentive payments);
- clarification of the employee’s responsibilities, bringing them into line with the introduced professional standards;
- inclusion of established measures of social support for employees.
The provisions of the contract must be based on the provisions of Art. 57 of the Labor Code of the Russian Federation and contain all the positions specified in this article.
Performance indicators in a preschool institution
As a rule, the effectiveness of government institutions (including preschool education) and their leaders is assessed in three areas:
1. The main activities of the institution.
2. Financial and economic activities, executive discipline of the institution.
3. Activities of the institution aimed at working with personnel.
At the same time, for example, according to Order of the Federal Agency for Scientific Organizations of the Russian Federation dated June 16, 2015 No. 19n[2], the following evaluation criteria are established for these performance indicators in preschool institutions.
| Performance indicators | Criteria for assessing the effectiveness of a manager |
| Main activities of the federal state budgetary institution | Number of students per one teaching worker (not less than the value established in the institution’s action plan) |
| The share of the number of preschoolers studying in educational programs of preschool education that meet the requirements of the standards of preschool education, in the total number of preschoolers studying in educational programs of preschool education (not less than the value established in the institution’s action plan) | |
| Financial and economic activity, executive discipline of the institution | Compliance with the deadlines and procedure for submitting budget and accounting reports and statistical reporting forms to FANO |
| Lack of comments from FANO structural divisions regarding the institution’s provision of information on requests | |
| Posting information about the institution on the Internet at bus.gov.ru | |
| The relevance of information about an educational organization on the Internet in accordance with the Decree of the Government of the Russian Federation of July 10, 2013 No. 582 “On approval of the Rules for posting on the official website of an educational organization on the Internet information and telecommunications network and updating information about an educational organization” | |
| Activities of the institution aimed at working with personnel | The share of teaching and management employees of the institution who have undergone advanced training or professional retraining over the past 3 years in the total number of teaching and management employees of the institution (not less than the value established in the institution’s action plan) |
| The share of young teachers under 35 years of age with work experience in the total number of teachers (not less than the value established in the institution’s action plan) | |
| The ratio of the average monthly salary of teaching staff to the average salary in general education of the corresponding region (not less than the value established in the institution’s action plan) |
But the Approximate directions for the development of performance indicators for teaching staff of educational institutions, approved by the Order of the Committee of General and Vocational Education of the Leningrad Region dated September 10, 2013 No. 2119-r[3], for the position of “educator” establish areas of activity and performance indicators, and some of they are given below.
| Activities | Performance indicators |
| Dynamics of individual educational results of students (based on the results of control activities, measurements, monitoring) | Students' mastery of state educational standards. Positive dynamics of students’ achievements based on the results of an independent assessment of the quality of educational results |
| Implementation of additional projects (excursion and expedition programs, group and individual educational projects for students, social projects, etc.) | The quality of creative, research, design and other works of students performed under the guidance of a teacher. Participation of the teacher in joint work with the school on issues of continuity of education for pupils |
| Implementation of activities to ensure interaction with parents of students | Providing conditions for social interaction with families of pupils of preschool educational organizations. The share of parents who positively evaluate the activities of the teacher based on the survey results in the total number of parents in the group. The quality level of activities that promote interaction with parents of students |
| Organization of physical education, health and sports activities | Organization of a system of measures to protect the lives and promote the health and physical development of pupils: – implementation of a system of comprehensive health and sports activities; – introduction of advanced pedagogical experience, family health experience, etc.; – analysis of the morbidity of pupils; – development and implementation of measures aimed at reducing the incidence rate; – use of new directions in the field of physical education and health work with children, taking into account their educational needs |
In practice, in addition to criteria related to educational processes, they establish criteria such as pupils’ attendance, absence of injuries during the educational process, and absence of complaints against teachers.
Procedure
The procedure for introducing an effective contract may consist of the following activities:
- Conduct an analysis of existing labor agreements with employees to determine their compliance with the requirements of Art. 57 of the Labor Code of the Russian Federation and order of the Ministry of Labor of the Russian Federation No. 167n.
- Make changes to the wage regulations.
- Clarify the employee’s job function and terms of remuneration.
- Develop a form of contract (additional agreement to the existing one) with employees based on the form of an exemplary employment contract using indicators and criteria for the performance of the institution’s employees.
- Approve the amended job descriptions.
- Notify employees of changes to the terms of the current contract.
- Conclude additional agreements with employees.
- Conclude contracts with newly hired persons using developed forms.
Compliance with the formalities described in the article when switching to efficient work in budgetary institutions will allow you to avoid labor disputes, including in the courts, and also to quickly switch to new payment methods.
Introduction of an effective contract in education
One of the industries where these changes are now being actively introduced is educational institutions. The transition to an effective contract in education involves several mandatory activities.
Action plan for the transition to an effective contract
To begin with, an action plan for the transition to a new contract is developed and approved. It indicates what needs to be done in order to be able to include mandatory requirements in the form of a new contract. These may include:
- Development of provisions on the calculation of incentive bonuses and criteria for their calculation.
- The need to develop a form of contract or additional agreement for those already employed, etc.
The plan must indicate specific deadlines and those responsible for carrying out the activities.
Order to switch to an effective contract: sample
After all the necessary provisions are formulated and approved, an order is issued to switch to an effective contract in education. It is compiled in free form and can:
- Approving an employment contract is a sample of an effective contract that will be used in the future.
- Regulate the procedure for concluding additional agreements.
- Regulate the procedure for notifying employees and familiarizing them with new local regulatory documents, etc.
As a rule, employees need to be warned about upcoming innovations, that is, familiarized with the order at least two months in advance.
