Effective contract in school. Effective contract in education: form, sample completion, criteria, implementation and system. What does the introduction of an effective contract give?

Reforms in the field of education are a topic for active discussions. Among the popular areas of activity of the legislator related to this industry is the introduction of the institution of concluding effective labor contracts. For the educational sphere, such an initiative is quite unusual - mainly due to the fact that the work of school teachers is supposed to be assessed based on certain objective criteria. What is an effective contract? How difficult could it be to implement it in Russian schools?

Focus on quality of training

The main declared goals of Russian legislators, who coined the term “effective contract in education,” are to increase the level of income of education workers, as well as improve the quality of teaching subjects in schools. At the same time, according to many experts, the authorities decided to focus on the second goal, since teachers’ incomes in general have increased over the past few years. Just as, in particular, the infrastructure of institutions has improved - due to increased budget funding. Now the next step, as the legislator probably believes, is to increase the effectiveness of training.

The essence of an effective contract

The main idea for the purpose of implementation of which an effective contract in education appeared is to bind economic indicators(that is, the teacher’s salary) to the criteria for the quality of the work he performs. It's about drawing up employment contract with an appropriate structure and conditions that are transparent and understandable to every teacher.

Evolution of new practice implementation

For the first time, the idea that it makes sense to make a teacher’s salary dependent on the quality of his work became known to the general public in the late 2000s. In 2012, the implementation of one of the first stages of the program began, the basic principles of which were formed in the Presidential Decree “On measures for the implementation of state social policy.”

First, performance targets were developed, primarily for school employees in leadership positions. At this stage, educational institutions are working on the structure of effective contracts in relation to the specifics of performing the labor functions of all specialists. At the third stage of the program implementation, it is assumed that an effective teacher contract will be implemented en masse in work practice. The estimated date by which this task should be completed is 2018. In some regions of Russia, schools and other educational spheres have begun to develop “road maps” reflecting the process of transition to new standards. In accordance with them, a system of effective contracting in education will be introduced.

Legislative aspect

The term "effective contract", however, still does not appear in Russian legislation. It is found in the media and in some departmental recommendations, but as such has not yet been formalized at the level of federal legal acts. Thus, according to some experts, the meaning of such a phenomenon as an effective contract in education is in structuring the employment contract (the content of which, in turn, is regulated by the relevant Code) so that, based on its text, it is clear what the relationship between teacher's salary and quality of teaching.

The essence of the initiative

But if the law does not say what an effective contract in education is, then what are its possible signs, based on the essence of the program initiative discussed above? Experts believe that the distinctive specificity of employment contracts within new system may be characterized by the following symptoms.

• Firstly, each educational institution must have guidelines in terms of target performance indicators at the level of the state task (which is formulated in a form that is correct and understandable for a particular institution) by a higher authority.
• Secondly, the form of an effective contract in education must be drawn up in a properly logical and structured manner. So that every teacher can see what specific criteria there are for his subject of activity and what standards he should adhere to in the educational process. New employment contracts adapted to the program must fully reflect the responsibilities of a school employee, the criteria for evaluating and remunerating his work.
• Third, schools must have the resources needed to enable teachers to produce the quality of work required. That is, if we are talking about an in-depth study of geography, then classrooms must be provided with appropriate maps or have access to electronic resources of appropriate quality. If it is necessary to study literature using the example of rare works, then such books should be available in the school library.

Expectations

What, strictly speaking, does the legislator expect when introducing an effective labor contract in education? According to some experts, the authorities' goals may be associated not only with increasing the efficiency of remuneration, but also with making it particularly attractive, primarily for young professionals. Those who want to see prospects in choosing a particular field of activity.

An effective employment contract, if drafted correctly and, importantly, if its effectiveness has been proven in practice, can play a positive role in attracting the attention of promising specialists.

Main problems

The practical transition to a system of correlation between the quality of education and the remuneration of school staff may be complicated by the lack of standardization in approaches to assessing the work of teachers. The criteria for an effective contract in education are generally quite framework. Wage standards, as many experts believe, even now are sometimes established not entirely objectively. There are precedents when teachers with disparate levels of professional training have the same salary. Or very different with comparable qualifications.

The criteria for an effective contract in education are not the only problematic aspect of introducing innovations. The fact is that not all teachers themselves want change. Even those who, due to biased assessments, may have a salary lower than they could. The point here is that they believe that the teaching profession is not one of those that is subject to some kind of measurement in rational units or other criteria in relation to indicators. A lot, school teachers believe, is given to students outside the main context of lessons - things like attention, education, sharing experience in solving certain problems. An effective contract in education cannot be responsible for this.

Another group of possible problems during the implementation of innovations is the risks associated with excessive bureaucracy. The fact is that when implementing a program to transfer teachers to an effective contract, we are talking about the distribution, first of all, of budget funding. Controlling structures under the Ministry of Education and municipal sectoral structures will likely be willing to monitor the effectiveness of the use of funds from the treasury. This will most likely be accompanied by the need to prepare numerous reporting documents - and this will probably be done by the teachers themselves. Most likely during working hours. And it may well turn out that the teacher may be more motivated to write a beautiful report than to prepare well for the lesson.

Methodological guidelines

We have already said above that standardized (adopted at the level of federal legislation) criteria that should be contained in employment contracts have not yet been developed. There are only recommended methodological guidelines. Let's list some of them.

1. The form of an effective contract in education should be drawn up in such a way that the performance indicators are generally mutually balanced. That is, it is undesirable to focus on any specific criteria when drawing up appropriate criteria. Because the teacher, delving into the work aimed at meeting them, may lose sight of performing other important tasks. Key performance criteria should be developed based on their equal importance.

2. Performance indicators should be specified and not sound abstract. These are not necessarily some numbers - moreover, getting too carried away with quantitative characteristics, as some experts believe, is not always advisable. You should not use the number of “excellent” grades in a quarter as an indicator of effectiveness, for example. The teacher can, if he wishes, put as many of them as he likes. However, the criteria must be formulated in such a way that when a teacher performs such and such work, it is clearly defined as effective. For example, this could be work to ensure that homework assignments in literature are completed in full. The criterion for effectiveness is, as an option, the absence of deuces for unfinished homework in the diaries.

3. Verifiability of quality indicators. That is, they, as well as the corresponding criteria, must be of such a nature that the school management can clearly identify their reliability. For example, conducting lessons in a friendly atmosphere is not the best indicator of quality, but it is quite acceptable to use methods of psychophysical relaxation at the end of classes 3 times a week.

Among experts, there are two points of view that reflect the attitude in the placement of emphasis when developing the criteria in question. In accordance with the first, the school should approach the determination of quality parameters as locally as possible, taking into account the specifics of the tasks assigned to a particular educational institution. Another point of view suggests that excessive localization will complicate, first of all, interaction with inspection bodies, as a result of which the same risk of bureaucracy can only grow - departments will pay more attention to such educational institutions. Therefore, it may make sense to be guided by the standards set at the level of the founders of state and municipal schools.

Drawing up an effective contract

Let’s try to study the nuances of the practical implementation of such an element as an effective contract in education into the school’s document flow. The sample filling must comply with the criteria of the Labor Code, because employees can be hired for permanent work only if the contracts comply exclusively with the norms of the Labor Code of the Russian Federation. The next nuance that should contain an effective contract in education, the sample of which will be implemented in the school, is the actual criteria. As we said above, there are no strict legislative guidelines provided for here. However, we can take as a basis a series methodological recommendations based on departmental letters from the Ministry of Education.

So, the implementation of an effective contract in education, a sample of which we are now studying, should include quality indicators, as well as criteria by which the compliance of the work of a school employee with the given goals is assessed. From a documentation point of view, the sources of relevant parameters may look like an appendix to an employment contract.

Let’s take the option in which the task is to determine the effectiveness of the work of management specialists, since the relevant ones have now been developed not only in theory, they have been implemented in many Russian schools in practice as part of the first stage of the program. Principals of almost all schools in Russia know what an effective contract in education is simply because they have already signed it. They have real experience in meeting key quality parameters. In turn, if we need to draw up an effective contract in education adapted for the position of a teacher, a sample of such will contain too many theoretical formulations.

Quality criteria

Among the quality indicators outlined in the letters of the Ministry of Education and Science, developed for school leaders, the following can be highlighted.

Firstly, it is the compliance of the activities of an educational institution with relevant legislation. What criteria may be used to evaluate the corresponding indicator? The Ministry highlights the following:

Absence (or decrease in dynamics) of instructions from supervisory authorities;

There are no complaints from any inspection authorities;

State or fully implemented;

Secondly, this is the satisfaction of parents and students themselves with the quality of educational services provided by the school. Criteria:

The percentage of students and parents who gave a positive assessment of the school’s activities at the end of the year or quarter (based on anonymous survey data, for example);

No complaints at meetings.

Thirdly, it may be information openness educational institution. Criteria:

Operation of the school website;

Publication of key accounting, financial and business information;

Informing parents about ongoing activities and the performance of the school in key areas of work.

Fourthly, the attraction of young specialists can be an indicator of quality. The criteria are here:

Percentage of young professionals in the school staff;

Well-developed incentive mechanism efficient work teachers who have just arrived at the educational institution;

Availability of an internal mentoring program.

This is a very conditional example of an effective contract in education in terms of quality indicators and corresponding criteria. It reflects, as we said above, the specifics of the work of the school leadership. But we have received a rough guide mainly in terms of the structure of the relevant agreement.

Document requirements

So, if we are drawing up an effective contract in education, a sample filling of this document will have to meet the following basic requirements.

1. The key provisions of the contract must fully reflect the requirements of the Labor Code. This is the main part of the contract.

2. Quality indicators and criteria must be specified on the basis of which the compliance of a school employee’s work with their own is assessed. job responsibilities. This is a properly executed annex to the employment contract.

Among the most useful sources of law for employees of Russian schools, which can help to study in more detail an effective contract in education (what it is, what it consists of, what it will hold), we can point out letters from the Ministry of Education and Science.

According to a number of experts, the standards that are expected to be published by the time the mass transfer of school specialists to work according to the new criteria begin, can be applied not only to secondary educational institutions, but also to other types of educational institutions. Thus, effective contracts may well be introduced in preschool education, despite the fact that the specifics of kindergartens, of course, make the work of their employees quite different from the goals and objectives that teachers face.

Also, as some experts note, efficiency should become the basis for the provision of educational services not only at the level of state and municipal schools, but also in private educational institutions. And also those who, due to their profile, belong to institutions of additional education. For the work of specialists employed in such educational institutions, it may also be necessary to draw up specialized employment contracts. An effective contract for a further education teacher will likely be characterized by different criteria than that for a secondary school employee.

Criticism

We noted above that not all teachers are happy with the legislator’s initiative regarding the transfer of work to an effective basis. What is the reason for such sentiments? We named one of the reasons - the unwillingness of many teachers to divide work into that which is subject to rational assessment, and that which is done outside of specific quantities, however, as expected, for the benefit of the educational process.

Another point of disagreement on this issue is the proportionality of the tasks assigned to teachers and the amount of resources required in terms of labor and time. Many teachers believe that the new standards will be more demanding in terms of labor investment for essentially the same pay. This may discourage young professionals from considering work prospects in this area, who may find a more effective way to realize their talents in terms of compensation.

Another point that does not suit some teachers is that it is not clear how new scheme The teacher's experience will be taken into account. As is known, this quantity is difficult to measure. Moreover, it is not always obvious how exactly a resource in the form of experience can manifest itself, since in many cases it is a tool of local application. Effective contracts, in turn, require constant repetition of techniques that may not be directly related to the level of experience of a particular teacher.

Effective contract with teaching staff (sample 2017)

Transition to a new form 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 agreement has the following objectives:

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

In reality, teachers may face problems:

• unjustified reduction of wages citing failure to fulfill any duties;
• The work of a teacher is regulated in detail, which entails the need to prepare 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 to receive additional payments you will need to engage in other types of activities, etc.

On January 1, 2017, a professional standard comes into force, in accordance with which the compliance of a teaching 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 should have;
• describes the labor functions of a teacher;
• provides the basis for teacher certification;
• 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 of an effective contract with a teacher

An effective contract with a primary school teacher

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

In particular, according to the professional standard, a teacher primary classes must form the educational process taking into account the developmental characteristics of children of primary school age, 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 training programs, etc.

An effective contract with a coach-teacher at a youth sports school

In the field of sports, even before the introduction of the Government Order dated November 26, 2012, of the Program for improving the remuneration system, which provided for the introduction of an effective contract, the Russian Ministry of Sports, by order dated October 24, 2012, approved recommendations containing criteria for assessing the effectiveness of sports organizations and proposing the development of such criteria in relation to coaches.

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

An effective contract with the head of an educational institution

This agreement is given special attention, since the objectives of the Program dated November 26, 2012 are 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. 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.

The form approved by the Government of the Russian Federation in Resolution No. 329 dated April 12, 2013, also applies to heads of educational institutions.

Teaching staff are separate category employees who have specific legal status. The legislator makes special demands on teachers, since educational activities require a high degree of responsibility.

Any institution providing educational and educational services is endowed with the functions of selecting, hiring and employing teaching staff. His competence includes organizing interviews and checking the candidate’s professional suitability.

An educational organization is an employer for a future employee in accordance with Art. 20 Labor Code of the Russian Federation. The issue of employment/interview is directly dealt with by its manager (director, rector, boss).

An employment contract is concluded with a potential teacher in the usual way, which subsequently serves as a guideline for all workers and legal relations. However, not everyone can work as a teacher, as they must have certain professional skills and an impeccable reputation. The applicant must prepare in advance a package of documents proving his ability to occupy the position of teaching staff.

Requirements for a teaching worker

A teaching worker is a person who has entered into an employment agreement with an educational organization. His labor functions include the provision of teaching, educational and organizational services in a special institution. Not every applicant can become a teacher. According to Art. 46 Federal Law “On Education”, the future candidate must:

• have a higher or secondary vocational education (educational qualification);
• meet qualification requirements;
• to be capable;
• not have a criminal record, as well as dangerous diseases that interfere with work functions.

These are simple qualification standards that have their own characteristics. The teacher must have a higher or secondary education, since otherwise the contract with him will not be concluded due to violation of labor legislation (Part 1 of Article 84 of the Labor Code of the Russian Federation).

The concept of educational qualification presupposes the presence of any diploma, but in pedagogy the specialty and direction in which the applicant studied is important, so the employer will study this issue especially carefully.

According to the order of the Ministry of Labor of Russia dated October 18, 2013 No. 544n, a diploma in the specialty “Education and Pedagogy” is required for preschool, primary, general and secondary education. Based on the provisions of the All-Russian Classifier of Specialties, “Education and Pedagogy” is represented in the long list as item six and includes the following areas:

• teacher education;
• vocational training (teacher of chemistry, biology, Russian language, etc.);
• psychological and pedagogical education;
• special (defectological education).

It is also permissible for the legislator to have a diploma in the specialty required to teach the subject, as well as a document confirming professional retraining/advanced training.

The third option is the presence of any diploma and/or document indicating additional vocational education(professional retraining), which is mandatory for management employees.

A teaching worker must also meet the qualification requirements of Order of the Ministry of Health and Social Development No. 761n in the section of the qualification directory of positions in the field of education.

Who can't be a teacher?

An applicant cannot engage in educational activities in accordance with Article 331 of the Labor Code of the Russian Federation if he:

• has an outstanding or unexpunged criminal record;
• accused, suspect in a criminal case;
• suspended from teaching activities by the court;
• recognized in judicial procedure incompetent;
• has a history of illness that prevents the performance of work functions.

The list of diseases and ailments that do not allow teaching to be carried out is indicated in a special list approved by state executive authorities. Government Decree No. 377 states that persons with serious mental disorders cannot engage in teaching. In addition, contagious infectious pathologies such as tuberculosis, syphilis, and typhoid fever also fall under strict restrictions.

For these purposes, applicants undergo mandatory medical examinations before applying for a job in accordance with Article 48 of the Federal Law “On Education” and Clause 18 of Order of the Ministry of Health and Social Development No. 302n. Such measures have been taken to protect public health, since the teacher works with an impressive number of people.

Concealing facts that do not allow you to work as a teaching employee leads to termination of the employment contract; therefore, it is in the interests of the applicant to provide reliable documents.

Employment documents

In order to fully obtain a job, the applicant must provide certain documentation to confirm his status. According to Article 65 of the Labor Code of the Russian Federation, the employee is required to provide the following information:

• passport;
• SNILS;
• work book;
• diploma of secondary or higher professional education;
• military ID;
• certificate of no criminal record or administrative responsibility for the use of psychotropic and narcotic drugs without a doctor's prescription.

• Full name of the employer and the hired employee;
• passport details of the parties;
• INN, SNILS of the employee;
• Full name and all information about the employer’s representative;
• date and place of drawing up the contract;
• full name of the organization indicating its tax details where the employee is hired;
• structural unit, branch where the applicant is employed;
• position according to All-Russian classifier, approved by Decree of the State Standard of the Russian Federation No. 367, qualification directory of positions in the field of education;
• job duties and functions listed in extremely detailed numbered lists;
• terms of the employment contract;
• conditions and procedure for payment for work according to the tariff rate, salary;
• the procedure for bonuses, additional payments, allowances;
• work schedule, duration of rest;
• guarantees;
• conditions and nature of work;
• additional nuances.

After the parties sign the completed agreement, it is considered concluded. The agreement officially comes into force, and the employer and employee are bound to each other by universal obligations. Additional agreements to the contract are drawn up as the terms of the contract change.

The grounds for termination of the contract are the same as for workers in other fields, provided for by the labor code. A copy of the agreement must be carefully stored and not damaged.

Part-time

The legislator does not prohibit teaching staff from working part-time. The procedure for such work is regulated by the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of the Russian Federation No. 41, and the Federal Law “On Education”.

Identical in legal nature to ordinary labor agreement except for a few nuances. The contract must indicate the fact that it was concluded on a part-time basis. In other cases, the parties must write down all the information listed in Art. 57 of the Labor Code of the Russian Federation, including working hours, the procedure for remuneration and rest.

Working hours for teaching staff labor activity part-time work should not exceed 4 hours a day (Article 284 of the Labor Code of the Russian Federation) and half the working time per month for the main job.

Wages are calculated according to the time worked, that is, proportionally or based on the volume of functions performed. All these points must be reflected in the contract, so it should be read carefully before signing.

It is important to remember that part-time work, according to Resolution of the Ministry of Labor No. 41, is not:

• scientific and literary activities within the walls of educational institutions;
• work of no more than 300 hours per year on an hourly basis (additional classes, lessons);
• labor activity in the same organization of an educational institution of preschool, primary, secondary and general education;
• management of laboratories, offices, departments within the walls of an educational organization;
• organization of excursions, events, as well as industrial practice students.

Conclude additional agreement in this case it does not make sense, since in essence this is an ordinary combination, for which you can separately demand payment.

With an additional education teacher

An additional education teacher is an employee who teaches in subjects not included in the compulsory educational program. These include:

• educational psychologists;
• social educators;
• teachers of elective subjects, for example, speech therapists;
• teachers of additional paid education.

In the first three cases, an employment contract with a continuing education teacher is no different from any other agreement drawn up under the Labor Code of the Russian Federation. The contract can be open-ended or fixed-term, depending on the profession, which determines the specificity of such a contract.

As for the paid additional education teacher (tutor), it is important to understand who the employee is: a full-time or freelance employee of the institution. In the first case, the management simply enters into an additional agreement to the main contract or new agreement on an urgent basis. In the second case – a fixed-term employment contract or a civil agreement. The urgency of the employment relationship is caused by the fact that the training course, provided as a paid service, objectively has an end.

With the school teacher

An employment contract with a primary and secondary school teacher does not have any specific legal requirements. It must contain all the data that is only specified in Art. 57 Labor Code of the Russian Federation. The contract must fix and agree upon the conditions that the parties deem necessary, including place of work, terms of work, position, salary, tariff rate, vacation, etc. In some situations, the agreement is concluded on an urgent basis, but this is possible in the following cases:

• replacing another employee at work;
• performing seasonal or temporary work;
• carrying out additional paid activities;
• work abroad;
• the employee has reached retirement age, as well as the fact of limited health fitness;
• part-time work.

In all other situations educational organization is obliged to enter into an open-ended employment contract and not to arbitrarily establish time limits for work activities. In case of injustice, the applicant can apply to any available judicial and extrajudicial authorities.

Working hours, schedule, vacation

Conditions regarding time, work schedule, and vacation are necessarily fixed in the employment contract, and are also negotiated individually with the employer.

Teachers have a shortened working week, based on the provisions of Art. 333 Labor Code of the Russian Federation. This means that their work schedule should not exceed 36 hours per week.

Order No. 1601 of the Ministry of Education and Science states that a teacher’s work schedule is fixed according to the working week or the salary rate for standard hours. First of all, it depends on the position of the teaching staff, which has its own workload.
The teacher’s working hours can be any according to Art. 100 Labor Code of the Russian Federation. The most accurate working time data is indicated in the employment contract, internal labor regulations, local documents and collective agreements.

Leave for teachers is granted for general principles according to Art. 21 Labor Code of the Russian Federation. Unlike other workers, they are entitled to a rest period of much more than 28 calendar days, that is, 56 and 42 days.

Basically, teachers rest for 56 days, but employees of preschool/additional education and teaching and methodological work are traditionally on vacation for 42 days. Going on vacation is possible only after completing the curriculum for the current year, as well as writing a corresponding application. In addition, teachers have the right to:

• additional unpaid leave;
• decree;
• maternity leave.

In conclusion, it must be said that the profession of a teacher provides for a huge emotional return; therefore, the legislator provides special conditions for such employees. The legal aspects of their activities depend on the position held and the availability of educational qualifications. An employment contract, in turn, is a legal guarantee of the status and work activities of teachers; therefore, careful reading of the agreement guarantees their social security.

EMPLOYMENT CONTRACT with a teacher of additional education (including senior) educational institution

1.2. The work under this agreement is the main/part-time work for the Employee.

1.3. The Employee’s place of work is an educational institution located at: ____________________________.

1.4. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to heavy work or work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.5. The employee reports directly to __________________________.

1.6. In order to verify the compliance of the Employee’s qualifications with the position held and his attitude to the work entrusted to the Employee, a probationary period of _____ (__________) months is established from the date of commencement of work specified in clause 2.1 of this agreement (if a probationary period is established).

2. DURATION OF THE AGREEMENT

2.1. The employee must begin performing his job duties from "__"___________ ____.

2.2. This agreement is concluded for an indefinite period.

Option. This agreement is concluded for a period of ___________________________ in connection with ________________________________________________________________. (indicate the reasons for concluding a fixed-term contract)

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. The employee is set a wage rate (official salary) in the amount of _____ (__________) rubles.

3.2. The following financial incentive measures are provided for the Employee:

3.2.1. Additional payments ________________________________________________.

3.2.2. Allowances _______________________________________________.

3.2.3. Awards _________________________________________________.

3.2.4. Others ___________________________________________________.

3.3. The employee's salary is paid in cash cash at the Employer’s cash desk (option: by non-cash transfer to the Employee’s bank account) within the time limits established by the Internal Labor Regulations.

3.4. Deductions may be made from the Employee's salary in cases provided for by law. Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The length of working time (standard hours of teaching work per wage rate) for the Employee is established on the basis of a reduced working time of no more than 36 hours per week.

4.2. The employee has a five-day (six-day) working week with two (one) days off - _________________________.

4.3. During the working day, the Employee is given a break for rest and food of _________________ duration, which is not included in working hours.

4.4. The amount of educational workload (teaching work) of the Employee is set at _____ hours according to curriculum (curriculum). The teaching load (teaching work), the volume of which is more or less than the standard hours for the wage rate, can only be established with written consent Employee.

4.5. The employee is granted an annual basic extended paid leave of _____ calendar days.

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

4.6. An employee, no less than every 10 years of continuous teaching work, has the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of the educational institution.

4.7. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay for the duration established labor legislation of the Russian Federation and the Internal Labor Regulations of an educational institution.

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

1) carry out additional education of students and pupils in accordance with their educational program, develop their various creative activities;

2) complete the composition of students, pupils of a circle, section, studio, club and other children's association and take measures to preserve the contingent of students and pupils during the period of study;

3) provide a pedagogically sound choice of forms, means and methods of work (training) based on psychophysiological and pedagogical expediency, using modern educational technologies, including information and digital educational resources;

4) conduct training sessions based on achievements in the field of methodological, pedagogical and psychological sciences, developmental psychology and school hygiene, as well as modern information technologies;

5) ensure compliance with the rights and freedoms of students and pupils;

6) participate in the development and implementation of educational programs;

7) draw up lesson plans and programs and ensure their implementation;

8) identify the creative abilities of students, pupils, promote their development, the formation of sustainable professional interests and inclinations;

9) organize different types activities of students, pupils, focusing on their personalities, to develop the motivation of their cognitive interests and abilities;

10) organize independent activities of students and pupils, including research, include problem-based learning in the educational process, connect learning with practice, discuss current events of our time with students and pupils;

11) ensure and analyze the achievements of students and pupils;

12) evaluate the effectiveness of training, taking into account the mastery of skills, the development of experience in creative activity, cognitive interest using computer technologies, incl. text editors and spreadsheets in their activities;

13) provide special support to gifted and talented students, pupils, as well as students and pupils with developmental disabilities;

14) organize the participation of students and pupils in public events;

15) participate in the work of pedagogical, methodological councils, associations, 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 or persons replacing them, as well as teaching staff within their competence;

16) ensure the protection of the life and health of students and pupils during the educational process;

17) ensure compliance with labor protection and fire safety rules during classes;

18) when performing the duties of a senior teacher of additional education, along with fulfilling the duties provided for by the position of a teacher of additional education, coordinate the activities of teachers of additional education and other teaching staff in designing the developmental educational environment of the educational institution;

19) provide methodological assistance to teachers of additional education, contribute to the generalization of their best teaching experience and advanced training, and the development of their creative initiatives.

5.1.2. Comply with the internal labor regulations of the educational institution and other local regulations of the Employer.

5.1.3. Maintain labor discipline.

5.1.4. Comply with labor protection and occupational safety requirements.

5.1.5. Treat the property of the Employer and other employees with care.

5.1.6. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

5.1.7. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management.

5.1.8. Do not disclose information that constitutes a trade secret of the Employer.

5.2. The employee has the right to:

5.2.1. Participation in the management of an educational institution.

5.2.2. Protection of your professional honor and dignity.

5.2.3. Freedom to choose and use teaching and educational methods, teaching aids and materials, textbooks in accordance with the educational program approved by the educational institution, methods for assessing the knowledge of students and pupils. Selection of textbooks and teaching aids used in the educational process in those that have state accreditation and implement educational programs of general education educational institutions, is carried out in accordance with the list of textbooks and teaching aids determined by the educational institution.

5.2.4. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this agreement.

6.1.2. Provide the Employee with work stipulated by this agreement.

6.1.3. Provide the Employee with premises, equipment, training and methodological literature and other means necessary for the performance of his labor duties.

6.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the Employee’s everyday needs related to the performance of his job duties.

6.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious, effective work.

6.2.2. Require the Employee to perform labor duties specified in job description, careful treatment of the property of the Employer and other employees, compliance with internal labor regulations.

6.2.3. Involve the Employee in disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTY AND COMPENSATION

8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts The employer and this agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The Employee is obliged to compensate the Employer for any direct damage caused to him actual damage. Lost income (lost profits) cannot be recovered from the Employee.

9.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused illegal actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. Additional grounds for termination of this agreement with the Employee:

10.2.1. Repeated gross violation of the charter of an educational institution within one year.

10.2.2. The use, including one-time use, of educational methods associated with physical and (or) mental violence against the personality of the student or pupil.

10.2.3. Reaching the age limit for filling the corresponding position in accordance with Article 332 of the Labor Code of the Russian Federation.

10.2.4. Failure to be elected by competition to the position of scientific and pedagogical worker (or expiration of the period for election by competition).

10.3. In all cases, the day of dismissal of the Employee is the last day of his work.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and are not subject to disclosure.

11.2. The terms of this employment 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.

11.3. 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.

11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation.

11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

12. DETAILS OF THE PARTIES

Now many public sector enterprises are transferring their employees to the so-called effective contract, a sample of which is presented below. The bottom line is that under this agreement, the payment of bonuses and the social package of a public sector employee directly depend on the quality of his work. An approximate version of such a document is enshrined in law.

What to follow

Since 2012, the Program for the gradual improvement of the remuneration system in state and municipal institutions, approved by the Government of Russia, has been in effect (Order No. 2190-r dated November 26, 2012). An example of an effective contract with employees is given in Appendix No. 3 to this Program.

Example of a contract

The following is a complete example of an effective contract in 2019. Since it is of an approximate nature, then, of course, the leadership of the state or municipal institution may complement or shorten it. However, we advise you to do this very carefully or not to go far from this form.

Sample form of an employment contract with an employee of a state (municipal) institution

___________________________ “__” ___________ 20__

(city, locality)

(name of the institution in accordance with the charter)

represented by ___________________________________________________________________,

(position, full name)

acting on the basis of ________________________________________________

(charter, power of attorney)

Hereinafter referred to as

the employer, on the one hand, and ________________________________________,

hereinafter referred to as the employee, on the other hand (hereinafter referred to as the parties)

have entered into this employment contract as follows:

I. General provisions

1. Under this employment contract, the employer provides

employee work on ______________________________________________________________

(name of position, profession or

__________________________________________________________________________,

specialties indicating qualifications)

and the employee undertakes to personally perform the following work in accordance with

terms of this employment contract:

___________________________________________________________________________

(specify specific types work that the employee must perform according to

employment contract)

2. An employee is hired:

__________________________________________________________________________.

(full name of the branch, representative office, other separate

structural unit of the employer, if the employee is hired for

work in a specific branch, representative office or other separate

structural unit of the employer indicating its location)

3. The employee works in a structural unit

employer ______________________________________________________________.

(name of non-separate department, department, site,

laboratories, workshops, etc.)

4. Working for an employer is for an employee: ______________________

(main, part-time)

5. This employment contract is concluded on: _________________________

__________________________________________________________________________.

(indefinite period, definite period (specify duration), for

time of completion of certain work, indicating the reason (reason)

concluding a fixed-term employment contract in accordance with Article 59

Labor Code of the Russian Federation)

6. This employment contract comes into force on “__” __________ 20__.

7. Start date “__” ____________ 20__

8. The employee is given a probationary period of ________

months (weeks, days) in order to verify the employee’s compliance with the assigned

Read also Probationary period for hiring in 2019

II. Rights and responsibilities of an employee

9. The employee has the right to:

a) providing him with work stipulated by this employment contract;

b) ensuring safety and working conditions that comply with state standards regulatory requirements labor protection;

c) timely and full payment of wages, the amount and conditions for receipt of which are determined by this employment contract, taking into account the qualifications of the employee, the complexity of the work, the quantity and quality of the work performed;

d) other rights provided for by the labor legislation of the Russian Federation and this employment contract.

10. The employee is obliged:

a) conscientiously fulfill his labor duties assigned to him by paragraph 1 of this employment contract;

b) comply with the internal labor regulations in force at the employer, labor protection and occupational safety requirements;

c) observe labor discipline;

d) take care of the employer’s property, including the property of third parties located at the employer, if the employer is responsible for the safety of this property, and other employees;

e) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property, including the property of third parties owned by the employer, if the employer is responsible for the safety of this property, and the property of other employees.

III. Rights and obligations of the employer

11. The employer has the right:

a) demand from the employee the conscientious performance of duties under this employment contract;

b) adopt local regulations, including internal labor regulations, requirements for labor protection and occupational safety;

c) bring the employee to disciplinary and financial liability in the manner established Labor Code Russian Federation, other federal laws;

d) reward the employee for conscientious, effective work;

e) other rights provided for by the labor legislation of the Russian Federation and this employment contract.

12. The employer is obliged:

a) provide the employee with the work stipulated by this employment contract;

b) ensure the safety and working conditions of the employee that comply with state regulatory requirements for labor protection;

c) provide the employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

d) pay the full amount of wages due to the employee on time;

e) process and ensure the protection of the employee’s personal data in accordance with the legislation of the Russian Federation;

f) familiarize the employee, against signature, with the adopted local regulations directly related to his work activity;

g) perform other duties provided for by labor legislation and other regulations legal acts, containing norms labor law, collective agreement, agreements, local regulations and this employment contract.

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IV. Remuneration

13. For the performance of labor duties provided for by this employment contract, the employee is paid a salary in the amount of:

a) official salary, wage rate ___________ rubles per month;

b) the employee receives compensation payments:

c) the employee receives incentive payments:

14. 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 hours 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. The following features of the work mode are established for the employee (specify) ________________________________________________________________.

19. The employee is granted annual basic paid leave of ____________ calendar days.

20. The employee is granted additional annual paid leave of ______________ in connection with __________________________

__________________________________________________________________________.

(indicate the basis for establishing additional leave)

21. Annual paid leave (main, additional) is provided in accordance with the vacation schedule.

VI. Social insurance and measures social support employee, provided for by law, industry agreement, collective agreement, this employment contract

22. The employee is subject to compulsory social insurance in accordance with the legislation of the Russian Federation.

23. The employee has the right to additional insurance under the conditions and in the manner established by _____________________________________________

__________________________________________________________________________.

(type of insurance, name of local regulation)

24. The employee is provided with the following social support measures provided for by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, industry agreement, collective agreement, this employment contract (specify):

__________________________________________________________________________.

VII. Other terms of the employment contract

25. The employee undertakes not to disclose secrets protected by law (state, commercial, official and other secrets) that become known to the employee in connection with the performance of his job duties.

The employee must be familiarized with the list of information that constitutes a secret protected by law upon signature.

26. Other terms of the employment contract ___________________________________.

VIII. Responsibility of the parties to the employment contract

27. The employer and employee are responsible for failure to fulfill or improper fulfillment of their assumed duties and obligations established by the legislation of the Russian Federation, local regulations and this employment contract.