An effective contract with a teacher. Moving to an effective contract in education - how to fill out a sample? Incentive and compensation payments

The transition to an effective contract in education should be completed in 2020. This will not only increase the level wages teachers, but also motivates them to improve the quality educational services, improve qualifications and bring the learning process to a new level. In this article, you will learn all the nuances of the design of this type. employment contract and you will also 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 dated 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 duties 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 remuneration system in educational institution will provide 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 example:

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 may 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).

Filling out 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 a separate subdivision, you should indicate first the address of the institution, and then the name of the unit with its location.
2. Labor function(indicating qualifications, positions and specialties).
3. Labor remuneration conditions. This paragraph should regulate the procedure for the payment of 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 HR 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.

Decree of the President of the Russian Federation No. 597 provides for a phased increase in teachers' salaries until 2020 by revising the system for assessing their activities as a whole. It is possible to implement such a reform only by establishing clear quantitative and qualitative performance criteria.

Criteria for an effective contract with a teacher

The concept of "effective contract in education" (you can find a sample filling at the end of the article) was introduced back in 2012 by the Government Decree No. 2190-r, which approved a program for the gradual improvement of the conditions of payment for teachers' work.

An effective contract with a teacher is an employment contract that clearly specifies his duties according to the position, the conditions in which he will work, and set specific criteria that make it possible to digitize and evaluate the teacher's activities.

The new work system does not replace the previously existing employer-teacher relationship. It allows you to take them to another level. To implement the transition in the institution, the criteria must be developed and approved by the head:

• state (municipal) assignment;
• the established system for determining the effectiveness of the work of teachers;
• wage system with certain factors, taking into account the degree of complexity of the work and its volume and quality level;
• established labor standards for teachers;
• established specific features, taking into account the types of activities.

The procedure for concluding an effective contract

How to make the transition to an effective contract in education? The procedure is established by Order of the Ministry of Labor No. 167n. It provides for the following actions.

1. If the teacher works for the employer for the first time, an employment contract is concluded with him in the form established in the appendix to Resolution 2190-r.
2. In relation to teachers already working in the institution, the employer's procedure is as follows:

• create a commission for the transition to the new system;
• analyze with the help of the commission the existing employment contracts for compliance with the requirements established by the current legislation;
• develop (by the commission) criteria to assess the effectiveness of the work of teachers;
• to conduct an explanatory conversation about the transition to new working conditions;
• involve the trade union of the organization in the work, taking into account the opinion of which to develop local acts concerning the payment system;
• make changes to the regulation on payment, taking into account the criteria developed by the commission;
• approve the provision on an effective contract with teachers;
• notify employees in writing about changes in working conditions at least two months in advance;
• conclude additional agreements with employees that change the previously established payment terms;
• make changes to the job descriptions of employees.

Completing an effective contract with a teacher

The provisions included in the document must include the positions provided for in Article 57 of the Labor Code of the Russian Federation.

The form of an effective contract in education includes information about:

• place of work;
• labor function;
• payment terms;
• working hours and rest hours;
• compensation for work in difficult or harmful conditions;
• the nature of the activity;
• working conditions in the workplace;
• conditions of insurance of teachers.

The contract includes clauses that stipulate:

• the duration of the main vacation;
• social support measures provided for by labor legislation;
• specific job duties;
• the name of the position in accordance with the wording in the Unified qualification handbook positions when the official duties of the employee coincide with those provided for in the reference book;
• the use of certain incentive and compensation payments (for the intensity, quality of work performed, length of service and bonus payments, payments for hard work, in places with a special climate, in conditions that differ from normal, additional payments for work with information that is a state secret);
• the amount of additional payment when performing additional work.

All conditions are negotiated in a form understandable to the employee.

Sample of an effective contract for educators

The form of an employment contract with a teacher is established by Government Decree No. 2190-r

To the section " General Provisions»Includes information about the parties to the contract, the name of the place of work, division, term, date of commencement of activities, information about probationary period(if available).

The second and third sections formulate the rights and obligations of the employee and the employer, respectively.

The fourth section is devoted to remuneration. It provides for all basic and additional payments that an employee will receive for work.

The fifth section establishes the time of work and rest: the duration of the working time, vacation and the specifics of the regime (if any).

The sixth section contains information on compulsory social insurance.

In the seventh section of the contract, the employer stipulates other working conditions.

Responsibilities of the parties and methods of changing or terminating the contract are contained in the eighth and ninth sections, respectively.

The last, tenth section, provides final provisions regarding possible disagreements.

The new document is gaining popularity due to the belief that labor activity 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 describes in detail all the duties of the teacher, indicators and criteria that allow you to assess the effectiveness of work with further aim stimulate by results with additional payments, depending on the quality municipal services... Also, measures of social support for employees are described.

Mandatory components:

• 1. Pedagogical functions;
• 2. Indicators and criteria for evaluating 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 completely new. legal document- rather 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. the establishment by management, in tandem with the union, should develop the necessary performance criteria. 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 - the timing of the transition

Having planned the transition, the employer is obliged to provide employees with no less than two months prior to the action, about 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 make a decision on consent to 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 preschool 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 regulation on remuneration of the preschool institution.
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

Effective contract with teachers (sample 2017)

The transition to a new form of labor relations with teaching staff is provided for by the state program "Development of Education".

In accordance with the Program, the final stage of work on the transition to an effective contract with teaching staff is currently underway. The 2017 sample will be presented in this article.

Effective teacher contract

The introduction of this treaty has the following objectives:

• receiving quality education by students;
• a decent level of wages for teaching staff;
• elimination of the need for a pedagogical worker, in addition to the main job, to work part-time;
• increasing the prestige and attractiveness of work in the field of education, etc.

In fact, teachers may face problems:

• unjustified decrease in wages with reference to failure to fulfill any obligations;
• the work of a teacher is regulated in detail, which entails the need to draw up reports for each type of activity. As a result, the teacher ceases to perceive his work as creativity;
• the bulk of the work (study hours, checking notebooks) can be included in the basic part of the salary, while in order to receive additional payments, you will need to engage in other activities, etc.

On 01/01/2017, a professional standard comes into force, in accordance with which the compliance of a pedagogical worker with qualification requirements will be determined.

This professional standard, approved by the Ministry of Labor of the Russian Federation on October 18, 2013:

• contains a list of skills and abilities that a teacher must have;
• describes the labor functions of the teacher;
• is the basis for the certification of teachers;
• should be taken into account when hiring teachers, drawing up job descriptions and developing regulations on remuneration, etc.

Therefore, an effective contract with a teacher in 2017 must comply with the provisions of the professional standard.

Sample effective teacher contract

An effective contract with a primary school teacher

When concluding such an employment contract, it is necessary to take into account the requirements for pedagogical activities for the implementation of primary general education programs provided for by the professional standard.

In particular, according to the professional standard, the teacher primary grades should shape the educational process, taking into account the developmental characteristics of primary school children, including the differences inherent in boys and girls, be able to recognize the child's personal problems, based on the form of his appeal to the teacher, create individual programs training, etc.

An effective contract with a trainer-teacher of the CYSS

In the field of sports, even before the introduction of the Program for the Improvement of the Remuneration System on November 26, 2012, by the Government Order of November 26, 2012, which provides for the introduction of an effective contract, the Ministry of Sports of Russia, by order of October 24, 2012, approved recommendations containing criteria for assessing the effectiveness of the activities of sports organizations and proposing to develop such criteria for coaches.

When concluding an effective contract with a coach, one should also be guided by a special rule - article 348.2 of the Labor Code of the Russian Federation, which provides for special conditions characteristic of labor contracts with coaches and athletes.

An effective contract with the head of an educational institution

Special attention is paid to this agreement, since the objectives of the Program dated November 26, 2012 are the transparency of remuneration and increasing the responsibility of heads of institutions.

According to Art. 275 of the Labor Code of the Russian Federation as amended by dated December 29, 2012, an employment contract with the head of the institution is concluded using a standard form approved by the Government of Russia.

This concept appeared in the 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 normative documents that must be followed when developing and implementing an effective contract, for example:

• Decree of the President of the Russian Federation of 07.05.2012 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 accordance with the new conditions, that is:

1. Eliminate incentive payments for indicators that are uncertain. Therefore, labor 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 points 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 functions of an effective contract

When drawing up a regular employment contract, the employee's obligations are approved job description, and the conditions for incentive payments - local regulation organizations. 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 developing 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 additional 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

Checkout labor Relations workers in the field of education under the new rules can:

• 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 for changes in the terms of the employment contract related to organizational issues, by the decision of the employer 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(Article 178 of the Labor Code of the Russian Federation).