Registration of an employment contract with a teacher in 2020

Sample employment contract with a kindergarten teacher

Other responsibilities provided for by current legislation

].

2.3. The employer has the right:

2.3.1. Require the Employee to fulfill his job duties and take care of the Employer’s property, including the property of third parties located by the Employer, the property of other employees, compliance with the Internal Labor Regulations and the Charter of the institution, local regulations.

2.3.2.

Encourage the Employee for conscientious and efficient work in accordance with local regulations.

2.3.3. Bring the Employee to disciplinary and financial liability.

2.3.4.

Conduct collective negotiations and conclude collective agreements.

2.3.5. [Other rights provided for by current legislation

].

2.4. The employer is obliged.

2.4.1.

Basic information

The teacher has the right to conclude a contract with the employer (preschool educational institution), which will be a type of employment agreement.

This type of document is provided for by order of the Government of the Russian Federation and is introduced into the legal field to ensure the following purposes:

The document, in addition to the main points that are inherent in employment agreements, also contains an indication of the functions of such an employee, the procedure for assessing the effectiveness of his activities, social support and a special procedure for remuneration, including incentive measures.

What it is

An employment contract is a document that is concluded between an employer and an employee and contains the basis of the relationship between such persons related to the work process.

However, the contract concluded with budgetary organizations has several differences from a regular employment contract, although it retains the main features.

It is correct to call such a document an effective contract and it was introduced by by-laws of the Government of the Russian Federation.

An important feature is that such a document implies better control over labor efficiency and allows one to significantly improve the system of remuneration for such an employee.

Moreover, a sample of such a contract was provided in a letter from the Ministry of Education and Science of the Russian Federation dated June 20, 2013 No. AP-1073/02. The final implementation of the new type of contracts is planned before the end of 2020.

Despite the fact that the first legal acts regarding the procedure were introduced back in 2012, the procedure requires careful analysis and control and could not be completed earlier.

It is possible that before the end of 2020 the deadlines will be further postponed. At the moment, quite often such organizations enter into ordinary employment contracts with employees, which, although they contain a full list of mutual rights and freedoms, do not allow monitoring labor efficiency.

What is his role

An employment contract with a preschool educational institution employee is necessary for the following reasons:

In accordance with these purposes, the parties will need an employment contract. An effective contract with a preschool teacher is drawn up not only for the above purposes, but also for a number of additional reasons.

Thus, this type of agreement is being introduced to improve the quality of control over labor efficiency and to organize and develop the remuneration system.

The legislative framework

Legal regulation of labor relations is carried out on the basis of the Labor Code, which defines the foundations of this institution and some of its features.

It contains rules for concluding employment contracts, requirements for the parties and other points. Issues related to an effective contract are regulated by several by-laws, including:

1. Order of the Government of the Russian Federation dated November 26, 2012 No. 2190-r.
2. Order of the Ministry of Labor of the Russian Federation dated April 26, 2013 No. 167n.
3. Letter of the Ministry of Education and Science of the Russian Federation dated June 20, 2013 No. AP-1073/02.

It is also worth paying attention to the Civil Procedure Code, in accordance with the rules of which judicial disputes between the parties are carried out.

Employment contract with a kindergarten teacher sample RK

— conduct observations (monitoring) of the health, development and education of pupils, including using electronic forms;

— develop a plan (program) of educational work with a group of students;

— coordinate the activities of the assistant teacher, junior teacher;

- participate in the work of pedagogical, methodological councils, other forms of methodological work, in the work of holding parent meetings, recreational, educational and other events provided for by the educational program, in organizing and conducting methodological and advisory assistance to parents (persons replacing them);

— make proposals for improving the educational process;

— ensure the protection of the life and health of students during the educational process;

— comply with labor protection and fire safety regulations.

2.

How to correctly indicate the place of work in a fixed-term employment contract?

Contents of the employment contract The following conditions are mandatory for inclusion in the employment contract: and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - the place of work indicating the separate structural unit and its location,​ December 01, 2020, 08:31 Was the lawyer’s answer helpful? + 0 — 0 Collapse All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price. Lawyer, St. Petersburg Chat Good afternoon, Yulia! Place of work: Pukin LLC (St.

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When hiring an employee to a branch of an organization that is located in another area, the document must indicate the address and name of the legal entity itself, as well as the branch separately.

An employment contract is allowed to indicate only two positions. If, in order to perform his duties, the employee is forced to move frequently, the document establishes the traveling nature of the duties.

Sample employment contract with a kindergarten teacher

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life or health of pupils, the safety of the Employer’s property or the property of third parties held by the Employer, or the property of other employees.

2.2.4. Maintain work discipline.

2.2.5. Comply with established working time and labor standards.

2.2.6.

Comply with labor protection, safety and industrial sanitation requirements.

2.2.7. Undergo periodic medical examinations conducted at the Employer’s expense.

2.2.8.

Respect the rights and freedoms of students.

2.2.9. Immediately inform the Employer about the impossibility of going to work, indicating the reasons.

2.2.10. Be responsible for the safety, life and health of students.

2.2.11.

Rights and obligations of the parties

2.1. The employee has the right to:

2.1.1. Providing him with the work stipulated by this agreement.

2.1.2. Payment of wages in the amount and in the manner provided for in this agreement.

2.1.3. Rest, the duration of which is determined in accordance with current legislation.

2.1.4. Reduced working hours.

2.1.5. Early assignment of old-age labor pension.

2.1.6. Complete reliable information about working conditions and labor protection requirements.

2.1.7. Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law.

2.1.8. Compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws.

2.1.9. Compulsory social insurance.

2.1.10. Protection of professional honor and dignity.

2.1.11. Independent choice and use of teaching and educational methods, teaching aids and materials.

2.1.12. Professional training and advanced training at least once every five years.

2.1.13. Associations, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests.

2.1.14. Conducting collective negotiations and concluding collective agreements through their representatives, as well as information on the implementation of collective agreements.

2.1.15. Resolution of individual and collective labor disputes, including the right to strike.

2.1.16. Participation in the management of the institution.

2.1.17. [Additional social support measures provided in the region to teaching staff of general education institutions].

2.1.18. [Other rights provided for by current legislation

].

2.2. The employee is obliged:

2.2.1. Conscientiously fulfill your job duties as provided for in the job description, as well as the orders and instructions of the Employer.

2.2.2. Treat the Employer's property with care, including the property of third parties owned by the Employer, and the property of other employees.

2.2.3. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life or health of pupils, the safety of the Employer’s property or the property of third parties held by the Employer, or the property of other employees.

2.2.4. Maintain work discipline.

2.2.5. Comply with established working time and labor standards.

2.2.6. Comply with labor protection, safety and industrial sanitation requirements.

2.2.7. Undergo periodic medical examinations conducted at the Employer’s expense.

2.2.8. Respect the rights and freedoms of students.

2.2.9. Immediately inform the Employer about the impossibility of going to work, indicating the reasons.

2.2.10. Be responsible for the safety, life and health of students.

2.2.11. [Other responsibilities provided for by the current Legislation

].

2.3. The employer has the right:

2.3.1. Require the Employee to fulfill his job duties and take care of the Employer’s property, including the property of third parties located by the Employer, the property of other employees, compliance with the Internal Labor Regulations and the Charter of the institution, local regulations.

2.3.2. Encourage the Employee for conscientious and efficient work in accordance with local regulations.

2.3.3. Bring the Employee to disciplinary and financial liability.

2.3.4. Conduct collective negotiations and conclude collective agreements.

2.3.5. [Other rights provided for by current legislation

].

2.4. The employer is obliged.

2.4.1. Provide the Employee with work in accordance with the terms of this agreement.

2.4.2. Ensure working conditions in accordance with the requirements of labor legislation, collective agreement and local regulations.

2.4.3. Provide the Employee with technical and material means, documents necessary to perform work duties.

2.4.4. Pay wages on time and in full in accordance with the terms of this agreement.

2.4.5. Insure the Employee in the compulsory social insurance system.

2.4.6. Pay for the Employee’s training in case of production necessity in order to improve his qualifications.

2.4.7. Familiarize the Employee with the collective agreement, internal labor regulations and other local regulations, as well as with all changes to these documents related to the Employee’s work activities.

2.4.8. Compensate for harm caused to the Employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation.

2.4.9. [Other responsibilities provided for by current legislation].

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Sample employment contract with a kindergarten teacher sample

Important

Familiarize the Employee with the collective agreement, internal labor regulations and other local regulations, as well as with all changes to these documents related to the Employee’s work activity. 2.4.8. Compensate for harm caused to the Employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation.

2.4.9.

[Other responsibilities provided for by current legislation].

Vote:

Moreover, it must be remembered that in accordance with Art. 288 of the Labor Code of the Russian Federation, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one. In the case where one employment contract with a part-time worker contains a condition for performing work in two positions, it is impossible to exercise in practice the employer’s right to terminate this employment contract in the event of hiring an employee for whom the work is in one of the positions occupied by the person working in part-time, will be the main one. In other words, if work on one of the positions is not entrusted to the employee on the basis of combining professions (positions), i.e.

Download a sample employment contract with a kindergarten teacher

Info

The employer is obliged to notify the employee personally and against signature of the upcoming dismissal due to the liquidation of the institution, reduction in the number or staff of the institution’s employees, at least 2 months before the dismissal. 10.3. This contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

11. FINAL PROVISIONS

11.1. The terms of this contract are legally binding on the parties from the moment it is signed by the parties.

All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.2. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the legislation of the Russian Federation.

11.3.

Be attentive and polite with parents (legal representatives) and employees of the institution. Maintain the discipline of children on the basis of human dignity, does not allow methods of physical and mental violence;

4.1.19. keep a daily record of children’s attendance, promptly find out the reasons for their absence;

4.1.20. control the safety of equipment, visual and technical aids used in the educational process;

4.1.21. to assist children in obtaining additional education through a system of clubs, sections, studios, etc.;

4.1.22. ensure the safety of equipment, furniture, property of group premises assigned to it, methodological literature, manuals. Effectively use educational equipment, economically and rationally use energy and material resources;

4.1.23.

How to fit 2 positions into one employment contract according to the rules

Info

Registration of an employee for a second position will depend on how the employee will perform work in this position (in his free time from his main job, or along with work at his main place). A more detailed procedure for registration of each method and the documents required for registration are indicated below in the text. Second option: If it is impossible to provide the employee with a full workload for one position, it is allowed to introduce so-called double positions into the staffing table.

The staffing table may provide for dual positions: driver-forwarder;
sales consultant, etc. In the latter case, column 1 indicates a dual position: driver-forwarder; in column 5 the total salary for two positions is indicated, in column 4 - 1 unit. The Labor Code of the Russian Federation provides for only one case of an employee performing additional work in another profession (position) within the framework of one employment contract, along with the work specified in the employment contract. We are talking about combining professions (positions) (Article 60.2 of the Labor Code of the Russian Federation). Performing additional work by combining professions (positions) can be entrusted to an employee only with his written consent. Also, with the written consent of the employee, the employer sets the period during which the employee will perform additional work, its content and volume. The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance. In the relevant section of the employment agreement (contract) of the employee performing the functions of a legal adviser and HR specialist, it will be written something like this: “The employer enters into a contract with I.I. Ivanov, working as a legal adviser in the legal work department, for a period of 1 year from “01” October 2011 to September 30, 2012.” 2. Working hours In the section of the employment agreement (contract) regulating the working hours, the specified regime is determined in the same manner as for employees working in the same profession (position), without any special features. This section will look like this: “11. The Employer establishes for the Employee, in accordance with the law, the following working hours and rest periods: 11.1.
start time of the working day (shift) – 08.00; 11.2. break time for rest and food - from 12.00 to 13.00; 11.3. The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee is established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equal in wages to employees budgetary organizations - the Government or its authorized body. Let's look at how documents are drawn up in this case. Staffing Combination of professions (positions), expansion of the service area (increase in the volume of work performed) is possible if there is a vacancy in the staffing table for the staffing unit (its share) of the position (profession) for which additional work is assigned. This conclusion can be drawn based on the content of Art. 56, art. 57, art. 60.2, art. 67 Labor Code of the Russian Federation. In addition, regulating the specifics of labor relations with internal part-time workers, the legislator in Art. 282 of the Labor Code of the Russian Federation did not provide for the possibility of supplementing with the necessary conditions an already concluded employment contract at the main place of work. At the same time, he established that part-time work is the performance by an employee of another regular paid job under the terms of an employment contract, which must indicate that the work is a part-time job. Therefore, in this case, a separate employment contract must be signed with the employee. There is also a practical aspect to consider. Fixing in one employment contract the conditions for the employee to perform two job functions, different work regimes, terms of remuneration for each position, etc. may lead to unnecessary confusion. Important

When combining professions (positions), work in the combined position is performed by the employee along with the work specified in the employment contract, during the established duration of the working day (shift). That is, when combined, the performance of work in a position defined by an employment contract is interspersed with the performance of additional work in another position, and the employee’s labor function consists precisely in performing work in several positions during the duration of the working day established for him. If work in one of the positions is performed by an employee outside the working hours established for him in another position, then we are talking about the performance of two labor functions.

In this case, in our opinion, the legislator does not allow the possibility of stipulating in one employment contract the condition that an employee perform work in several positions. Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work. Thus, an employment contract, on the one hand, is an agreement between the employee and the employer, based on their expression of will, and on the other hand, a written document in which the parties reflected the agreement reached by him.

Sample employment contract with a kindergarten teacher 2020

Payment of wages to an employee is made in the terms and manner established by the employment contract, collective agreement and internal labor regulations.

15. The employee is subject to benefits, guarantees and compensation established by the legislation of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, collective agreement and local regulations.

V.

Working time and rest time

16. The following working hours are established for the employee (standard hours of teaching work per salary) _____________________

(normal, shortened, part-time)

17. Working hours (working days and weekends, start and end times of work) are determined by the internal labor regulations or this employment contract.

18.

Employment contract for two positions

Staffing table The staffing table includes the names of 2 professions (positions). Moreover, the share of a staff unit is calculated based on the planned working time spent on each of them. For each profession (position), the corresponding tariff rate (salary) is established. The staffing table may indicate both a monthly and hourly tariff rate (salary). Thus, the staffing table can be drawn up as follows: No. Position name Number of staff units Tariff grade, class, category Tariff rate (salary) 5 Driver car 0.25 2,750,000 Bricklayer 0.75 4,710,000 Employment agreement (contract) 1. Name of profession (position) An employment agreement (contract) must contain the names of 2 professions (positions). In the relevant section of the employee’s employment agreement (contract), approximately the following entry will be made: “The employer accepts Ivanov I.I.

Sample employment contract with a preschool teacher

Attention

Provide the Employee with work in accordance with the terms of this agreement. 2.4.2. Ensure working conditions in accordance with the requirements of labor legislation, collective agreement and local regulations.

2.4.3.

Provide the Employee with technical and material means, documents necessary to perform work duties.

2.4.4. Pay wages on time and in full in accordance with the terms of this agreement.

2.4.5. Insure the Employee in the compulsory social insurance system.

2.4.6. Pay for the Employee’s training in case of production necessity in order to improve his qualifications.

2.4.7.

Registration of combining positions in one organization

The Labor Code prohibits requiring an employee to perform work not provided for in the employment contract, except in cases specified by law (temporary transfer to another job due to production necessity, downtime). Employees who perform for the same employer, along with their main work stipulated by an employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without release from their main work during the duration of the working day (work shift) established by law, make additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee (Article 67 of the Labor Code).

Sample employment contract with a preschool teacher 2020 free download

The contract regulates labor and directly related relations between the Employee and the Employer.

1.2. An employee is hired as a teacher

1.3.

Work for the employer is for the employee: ____________main______________

(main, part-time)

1.4. This contract is concluded for: ___ the duration of maternity leave of the main employee

(indefinite period, definite period, reasons for concluding a fixed-term contract)

1.5.

This contract comes into force on "___" __________ 20__.

2. Rights and obligations of the Employee.

2.1. The employee reports to the manager and directly to the deputy manager for educational and methodological work.

2.2.

The employee has the right to:

2.2.1. providing him with work stipulated by this contract;

2.2.2.

One employee for two positions

Such restrictions are established by part 1 of article 284 of the Labor Code of the Russian Federation. Restrictions on the duration of part-time working hours do not need to be observed if, at the employee’s main place of work:

• suspended work due to delay in payment of his salary (Part 2 of Article 142 of the Labor Code of the Russian Federation);
• suspended from work for health reasons with retention of position for a period of up to four months in cases provided for in Part 2 of Article 73 of the Labor Code of the Russian Federation;
• is the head, his deputy, the chief accountant of the organization (separate division) and has been removed for health reasons while retaining his position in the case provided for in Part 4 of Article 73 of the Labor Code of the Russian Federation.

This is stated in Part 2 of Article 284 of the Labor Code of the Russian Federation. Prohibition on part-time work Some citizens cannot be hired for part-time work.

Attention

In the time sheet, you will reflect the fact of this employee’s work in at least two lines at the main place of work and part-time. Termination of one of the employment contracts will not entail automatic termination of the second contract.

1. Complete the combination.

Combination means additional work in another profession or position.
If the combination is established for an employee already working in the organization, be sure to obtain his consent to the combination. Document the parties' consent to the combination in the form of an additional agreement to the employment contract. The additional agreement must reflect the position that the employee will hold in combination, as well as the content and scope of the work that the employee will perform.

Employer mistakes when drawing up employment contracts.

What cannot be included in an employment contract

It is important to take into account that when conducting inspections, the inspection body often involves the employer for each incorrectly drawn up document separately. In this regard, the fine for such a seemingly insignificant violation can amount to hundreds of thousands, given the fact that employers make mistakes precisely when developing a standard form of contract; accordingly, these errors are subsequently present in employment contracts with all employees. In this article we will analyze the conditions that must be contained in an employment contract.

If the employer correctly indicates at least the mandatory conditions, the risk of administrative liability will be minimal.

Is it possible to indicate two places of work in one employment contract?

In the staffing table of an organization that has separate divisions, positions and staffing units for these positions are indicated as part of a specific division.

If you indicate two places of work, in the event of a conflict with an employee, it may be difficult to determine where the employee should have performed his job function, where the employer should have provided him with work.

In addition, the question arises in which of the two regions taxes will be transferred to this employee. Consequently, problems may arise not only during a dispute with an employee, but also during an inspection by the labor inspectorate or tax authorities. In this regard, the employment contract should indicate one specific place of work.

If necessary, if the employee’s work function requires constant travel and movement between regions, he can be assigned a traveling nature of work.

Two positions in one employment contract Is it legal to combine two positions at the same time?

The labor function must be specified in the employment contract (Article 57 of the Labor Code of the Russian Federation). At the same time, labor legislation does not provide for the possibility of specifying several labor functions in one employment contract.

Under the labor function in Art. 15 and art. 57 of the Labor Code of the Russian Federation is understood as either work in a position in accordance with the staffing table, profession, specialty, or a specific type of work entrusted to the employee. In the case under consideration, we are talking about positions provided for in the staffing table.

This means that the labor function in this case represents work for a specific position in accordance with the staffing table.