An effective doctor's contract is an example. An effective contract: who benefits from it? I. General provisions

December 16 at the Palace of Trade Unions on pl. Labor, 4 hosted a seminar organized by Terkom on effective contracting in healthcare.

Read by F.N. Kadyrov (Deputy Director for Economic Affairs of the Federal State Budgetary Institution "Central Research Institute for Organization and Informatization of Health Care" of the Ministry of Health of the Russian Federation, Doctor of Economics, Professor, Honored Economist of the Russian Federation) regulations and facts related to the transition to an "effective ", its true purpose, nuances for leaders in making this transition, forecasts for the period up to 2018 regarding the implementation of Presidential Decree 597.
After listening to the lecture, there was a strong feeling that it was being read not for employees, but for managers, since all stages of transferring subordinates to a new format of work are listed and provided "on a silver platter", methods of "painless" translation with the help of skillful manipulation of employees and reticence, notification forms and the tactics of the personnel department.
On the other hand, you need to know the enemy by sight. And there are a number of ways for the employee and the team that can not prevent the transition - it will happen sooner or later, but delay it, gain time, in response to new demands from the employer to knock out new rights, prescribe the subtleties in the collective agreement, follow the development additional agreements to labor contracts.
So, the lecture report (with the conclusions of the listener).

What is an "effective contract"?

Effective contract (EC) means:
- in the narrow sense - an employment contract.
- in a broad sense - a set of measures aimed at improving the quality and availability medical care.

An effective contract is primarily aimed at SOLVING THE PERSONNEL ISSUE. The promised increase in wages is only a method of solving it.

At the same time, it was during this period (2013-14) that the trade union committee and employees have the opportunity to demand payments, since the situation in the legislative sphere at the level of institutions is rather blurred. In almost any situation when an employee is deprived of payments, if a check is initiated, the issue will be resolved in favor of the employee. In addition, the employer is required to meet the indicator of the ratio of wages in their institution according to the roadmap.

* What if the employee is deprived of incentive payments?

Contact a trade union!

A representative of a trade union organization, both in the conditions of an "effective contract" and in conditions when the transition to it has not yet taken place, should take part in the work of the commission for calculating incentive payments - it exists in every institution.
It also includes: chief Accountant, Chief economic department, chief medical officer The decision of the commission is made signed by the chief physician.
In the event that this commission decides to deprive the employee of incentive payments for any reason, the consent of the representative of the trade union organization is asked.
In such a situation, he must express his disagreement with the deprivation of the employee of the incentive payment. And if he fails to convince the employer, then the mechanism is as follows:
The chairman of the trade union organization writes a complaint against the employer (chief physician) on the fact of depriving an employee of payments to the following authorities: the President of the Russian Federation, the Presidential Envoy to the region / city, the Ministry of Health of the Russian Federation, the Ministry of Labor, the State Labor Inspectorate, the Prosecutor's Office, the Governor / Mayor, the Health Committee, Terkom , Raizdrav.
The complaint indicates to which authorities the copies of the complaint were sent
The expected result is:
payment of funds in full, since the manager will be summoned to higher authorities (Gorzdrav, Raizdrav), and in order to prevent further proceedings from above, he will be ordered to resolve the issue in a manner favorable to the employee.

What criteria for assessing labor efficiency can be applied to workers?

Criteria, indicators and frequency of assessing the effectiveness of employees are established ONLY by the institution on the basis of methodological recommendations and orders. In other words, the employer can introduce any criteria for assessing labor efficiency for the employee - against the background of this, the responsibility of the trade union collective and employees who are not members of the trade union should increase. It should be emphasized - THE COLLECTIVE - since the chairman of the trade union organization is unlikely to cope with such a volume of work. Any employee, even a non-union worker, has the right to be supported and protected by a trade union organization.

Can an employee be fined under an effective contract?

The Labor Code categorically prohibits the use of disciplinary measures, except for punishments provided for by the Code itself, federal laws, statutes and discipline regulations. An employee cannot be forced to work seven days a week or deprived of vacation. An employee cannot be fined.
When an employee commits a disciplinary offense, the employer (Article 192 of the Labor Code of the Russian Federation) has the right: to make an oral or written remark to the employee, to issue a reprimand, to fire the employee. In addition, the order of application disciplinary action has clearly spelled out in Art. 193 of the Labor Code of the Russian Federation algorithm.
In the context of incentive payments, it may not be the imposition of a fine, but the non-accrual of a bonus, i.e. if employees fail to meet a number of criteria, the bonus will not be credited in part or in full.
The additional agreement must clearly state all incentive payments due to the employee, the conditions for their non-accrual and the criteria by which they are charged, as well as the amounts. The employer in the "amount" column may not give specific numbers or points and refer to the collective agreement and the regulation on remuneration, the regulation on the calculation of incentive payments.
If you were charged a certain amount (say, 1,000 rubles for non-compliance with the dress code), you have the right to go to court, where the employer will have to explain on what basis this amount was withdrawn. Therefore, if such subtleties are not spelled out in local regulations, the court will rule in your favor.

An effective contract as an employment contract.

In the labor code, the concept of an effective contract does not yet exist - the concept of an "employment contract" is used.
In order to improve the quality of medical care, and, accordingly, to tighten demand with medical professionals government recommends K REFINE the employment contract as an effective contract.
So An effective contract is an employment contract that specifies job responsibilities, terms of remuneration, criteria for assessing effectiveness for assigning incentive payments, as well as measures of social support for employees.
If earlier it was enough for an employee to fulfill his job duties without focusing on specific indicators, then when switching to EC, the work will be characterized not only by the performance of the function, but also by a number of specific indicators.
As for the existing employment contracts, your management has no right to terminate them and conclude new ones.
Moreover, according to correct algorithm the transition to EC, the conclusion of additional agreements to labor contracts is one of the final stages.

IMPORTANT! Stages of transfer to an "effective contract" or what an ordinary worker and members of a trade union organization need to know.

1. We do not sign any contracts and additional agreements at once!
According to the law, you must be given a written notice of a change in the terms of the employment contract determined by the parties (transfer to a new wage system and the need to conclude additional agreements to the EXISTING EMPLOYMENT CONTRACT) no later than 2 months before the transfer.
Amendments to the employment contract in this situation are carried out on the basis of Article 74 of the Labor Code of the Russian Federation (for reasons of organizational or technological changes in working conditions).
In no case is it inadmissible to renegotiate an employment contract (termination of an existing one and conclude a new contract) - since this means dismissal with subsequent recruitment. Perhaps this is a tactical move in order to eliminate an unwanted employee - you may simply not be accepted again.
2. So, done general meeting, where you are informed about the need to switch to a new remuneration system - an effective contract with the need to conclude additional agreements.
3. Further, one by one, the employees are summoned to the personnel department, where they are orally notified of the need to sign an additional agreement to the employment contract. The arguments for haste can be different - "it is profitable for you, everything is clearly spelled out", "otherwise you will not receive bonuses," "all the same, everyone will have to sign," etc.
Do not worry - bonuses will be paid to you, because it is not profitable for the employer to reduce the average wage level - his bonus also depends on this. And if they don’t risk not paying, we read the paragraph * What if the employee is deprived of incentive payments?
And there is only one reason - for an early or timely transfer, managers are entitled to a bonus.
There are those who will sign right away. To the joy and relief of personnel officers and bosses.
4. Is the employee obliged to sign the supplementary agreement immediately?
No. Firstly, you are obliged to give a WRITTEN NOTICE OF changes in the terms of the employment contract determined by the parties within TWO MONTHS.
According to the article of the Labor Code of the Russian Federation, you have 2 months to think about it. If you do not show your disagreement in any way, after 2 months you will still be transferred to EC.
If you write on the notification or in the application addressed to the employer "I do not agree", 2 months after the signature of the notification you must be provided with a vacant position corresponding to your qualifications or less paid *
* it is important that working conditions should not worsen the employee's position in comparison with the conditions prescribed in the collective agreement, and the vacancy should be provided in the same locality, for example, an employee of a district hospital in a city should not move to a branch in a village, unless it is provided for by the collective agreement.
If you do not have one or if you refuse in accordance with article 77, part 1 of the Labor Code of the Russian Federation, you can be fired.

Why then wait 2 months?

In a situation where the employer first of all requires the employee to sign an additional agreement, without providing for changes in the collective agreement, the provision on incentive payments, we can talk about a violation of the algorithm for transferring to EC.
The first stage of the transition is to work out a collective agreement with the trade union committee, provisions on incentive payments (since incentive payments will most likely be spelled out in the additional agreement with reference to the collective agreement and the internal provision on incentive payments).
Only then can you make changes to the employment contract with the employee.
Speaking of the collective agreement, its standard form is laid out in our documents, but in each institution the trade union committee can defend private details, since we are talking specifically about an agreement, a contract - and this implies negotiations, concessions and agreements with BOTH PARTIES. The employer will not miss the opportunity to expand and deepen the range of your job responsibilities - so do not miss the opportunity to get new rights and additional payments.
In addition, while you work under a valid employment contract and the provision on the calculation of incentives, bonuses should be paid to you on an equal basis with other employees. For threats from a personnel officer ("since you have not signed an additional agreement, you are not entitled to a bonus") immediately ask for a written justification for such a statement.

Are employees who do not perform medical services in the list of employees who are subject to the Decree of the President of the Russian Federation? Should their salaries be increased?

According to regulatory documents, a statistician, an accountant, a personnel officer of a healthcare facility is not included in the list of groups of workers who should be paid higher wages, however, this is not prohibited - in the case when the categories of workers indicated in the roadmap have reached the target level. This question decided by the employer.
The same applies to employees of children's institutions - increasing their salaries is the right of the institution.
It is also desirable to reflect these points in the collective agreement.

At what pace will wages rise?
According to the roadmap, the maximum salary increase is planned for 2017.
However, until 2015, the pace will be low. First of all, this is due to the calculation of tariffs in accordance with 354 ФЗ dated 30.11.11 "On the amount and procedure for calculating the rate of the insurance premium."

Why hasn't my wage per stake increased?

The employee thinks like this:
- if, according to Presidential Decree No. 597 and the “road map”, the salary of a doctor in 2013 should be 129.7% of the average for the region (for doctors in St. Petersburg, the average salary should be about 47 thousand), then working for one and a half- I will earn two bets one and a half to two times more - 60-90 thousand.
However, this does not happen. Why?

The assessment of the level of wages is currently carried out for one individual.

How is the average wage calculated?
Based on the order of Rosstat No. 574 of 10/30/12, the average wage of employees is calculated by dividing the wage fund by the number of INDIVIDUALS according to these categories of workers (for example, managers, doctors, nurses, nurses are considered separately). Thus, given the high percentage of internal overlapping in medical institutions, according to monitoring carried out in accordance with Order 574, the average salary turns out to be higher than the average salary per rate.
And, accordingly, basically, the target indicators are considered achieved - there is no need to pay extra workers! And the numbers are met, and the bets are covered, and chief physician receives incentive payments for achieving the set indicators. Only the employee is at a loss.
Not all employees will be able to receive the amounts indicated on the roadmap. Salary will depend on qualifications, quantitative and quality indicators work. PART OF EMPLOYEES WILL NOT RECEIVE A SALARY IN THE SIZES SPECIFIED IN THE DECREE OF THE PRESIDENT. Thus, STIMULATION is achieved.

What to do in such a situation?
It is clear that from 2013-2014, especially in connection with the transition to an effective contract, incentive payments to the employer will depend on the achievement of targets for the average salary in the institution.
In such a situation, he will be forced to "tighten" the wages of his employees.
Now let's think about what is more profitable - to work, like a normal person, on a bet, to go home on time or to external combination and get a base salary of 17 thousand plus incentives up to 47 thousand or work at two rates in one institution, earn a salary of 34 thousand and receive incentives in the amount of 13 thousand?
Therefore, many workers see a way out in “ italian strikes»- work strictly in accordance with the Labor Code, with the fulfillment of official duties, admission standards for no more than a rate, in compliance with the admission regulations.

For russian healthcare 2014 was marked by a number of important changes. From January 1, medical and preventive institutions began to switch to a new system of remuneration for workers - an effective contract. Like most other reforms, this innovation still raises questions and concerns among many organizations. However, in practice it has already been proven that everything is not as scary as it seems at first glance.

First steps towards effective medicine

For Russian healthcare, 2014 was marked by a number of important changes. Treatment and prophylactic institutions from January 1 began to switch to a new wage system workers - effective contract... Like most other reforms, this innovation still raises questions and concerns for many medical organizations... However, in practice it has already been proven that everything is not as scary as it seems at first glance. Let's look at an example of how to compose according to the new rules employment contract in a medical institution, install duties of doctors, define criteria for assessing the effectiveness of personnel, assign incentive payments and reflect changes in the system automation of personnel records.

An employment contract in a new way

In his budget message dated June 28, 2012, the President of the Russian Federation formulated the basic task in the healthcare sector for the coming years: to improve the quality of state and municipal services in health care. To achieve this goal, it was decided to move from the estimated funding of institutions to the introduction of a new payment system - an effective contract. This is an employment contract, which specifies the duties of a health worker, conditions of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of the state (municipal) services provided, and also establishes social support measures.

Officials are confident that the transition to a new system of remuneration will allow attracting qualified specialists to state and municipal medical organizations and eliminating the outflow of personnel to private medical organizations. According to the head of the Russian Ministry of Health, Veronika Skvortsova, in Russia the shortage of nurses is 270 thousand people, and about 40 thousand doctors.

Since the beginning of 2014, some health care institutions have already switched to a new system of remuneration. Of course, this cannot be done in one day: you have to prepare the relevant documentation, as well as make a number of changes to the programs for automating personnel records.

Ural pioneers: an effective contract in practice

Yekaterinburg City Children's Hospital No. 5 was one of the first to master effective contracts. Now doctors of the MBU Children's City Hospital No. 5 (there are more than 100 of them) have been transferred to a new system of remuneration. The health care facility also enters into an effective contract with all newly hired doctors. The transition was not easy. The direct participants in the event - the head physician, heads of the hospital's structural divisions - invested a lot of effort and faced a number of difficulties.

First of all, they drew up a draft notification of health workers about upcoming changes and attached an additional agreement to the employment contract to the new document. Thus, in accordance with Article 72 of the Labor Code of the Russian Federation, all hospital employees were aware of the innovations two months before the amendments entered into force. In order not to reinvent the wheel, the employment contract (effective contract) can be found in the ezine section "Accounting in budgetary institutions"... If required, the institution has the right to slightly change the content of the document. For example, the management of MBU DGB No. 5 made minor changes to the section “ Job responsibilities"And in the item" Remuneration ". For each doctor, they specified and specified:

• job responsibilities;
• indicators and criteria for assessing the effectiveness of activities;
• the size and conditions of incentive payments, determined taking into account the recommended indicators.

Efficiency evaluation criteria: instructions for use

Determination of the criteria for assessing the effectiveness of the activities of medical workers caused the most difficulties. To resolve this issue, a commission was created in the hospital, which included the heads of structural divisions. For example, in determining the criteria for assessing the activities of hospital workers, the deputy chief physician for medical work took part in the work of the commission, and if it was about the employees of the polyclinic, then the deputy chief physician for outpatient and polyclinic service. Or the managers worked together to develop criteria for evaluating performance and submitted them to the HR department for review. As a result, for each specialty, from five to seven criteria for assessing the effectiveness of doctors' activities were determined.

The basic principle in the development of indicators of the effectiveness of the work of medical personnel to determine the size of incentive payments is that the procedure and conditions for their establishment are clear to the employer and employee. In particular, for the department of laboratory diagnostics, it was determined that the fulfillment of planned volumes while maintaining the availability of medical care within the framework of the state guarantees program up to 100 percent is 0 points (no incentive payments), from 101 to 103 percent - 1 point (2000 rubles), more 103 percent - 2 points (4000 rubles). Or another example - conducting preventive examinations of minors, including a general analysis of blood, urine, sugar: less than 95 percent - 0, more than 95 percent - 1 point, more than 100 percent - 2 points, and so on. Thus, when the plan is overfulfilled, health workers, in addition to the guaranteed payment (salary and allowances for position, length of service, category, harmfulness), receive from 20 to 28 thousand rubles. incentive payments. The exact amount depends on the specialization of the doctor and the degree of implementation of the planned volume of work.

Two commissions were involved in the calculation of points in the MBU Children's City Hospital No. 5. The first includes the heads of departments. They review the performance of health workers and assign points to each performance criterion. Then the doctors sign the protocol, confirm that they agree with the amount of the incentive payment or with its absence. This document is submitted to the second-level commission, where the chief physician, chief economist, chief accountant and the head of the personnel department approve it and submit it for payment.

Incentive payments: every digit in its place

It turned out to be not easy to master the avalanche of new data right away: criteria for assessing performance, points, percentages. It was necessary to conduct individual explanatory work with health workers, to explain what the guaranteed amount consists of, and what incentive payments are made of. Separately, it was necessary to clarify that the employee will receive the guaranteed amount in any case, and incentive payments - only if the plan is overfulfilled.

The introduction of an effective contract in a medical institution will be calmer if individual information work is carried out with each of the employees. Even at the stage of creating a notification to employees, the personnel department prepared for clarity two tables in which they described in detail the criteria for evaluating activities, that is how much money and what exactly the doctor receives. When preparing annexes to contracts for an effective contract, the recommendations of the Ministry of Health of Russia were strictly followed: all data were included in one table. But the employees already understood where and what figure was taken.

The first two months after the introduction of an effective contract in the MBU Children's City Hospital No. 5 was an adaptation period: for failure to fulfill the plan, medical workers were not fined, allowing them to get used to the new system. But already in May 2014, penalties began to operate.

Efficient contract and HR automation

The activities of personnel officers of medical institutions are now automated. Therefore, for the transition to an effective contract, it is necessary to prepare not only the documentation and personnel of medical institutions, but also programs for automating personnel records. In MBU Children's hospital № 5 they use the system "Kontur-Personnel Medicine". Effective contracts require customization of the program, so the medical institution turned to an accompanying specialist from the developer company. The hospital's personnel officers indicate their job responsibilities in the "Staffing" section. For example, they create the position of "pediatrician" and all responsibilities are brought there so that they are automatically pulled into the contract.

You can configure the program on your own by following step by step recommendations developers. They are quite versatile, we list them below.

Step 1... It is necessary to set up incentive payments based on the results of work. The program has a special directory containing a list of these payments. For each you need to put down the conditions of receipt. For example, for payment for the absence of substantiated complaints, the conditions may be as follows:

• lack of substantiated complaints - 1 point;
• 1 or more substantiated complaints - 0 points.

If the directory lacks any payments, you can add them. In this case, the setting will be helped by an accompanying specialist (developer employee).

Step 2... It is necessary to indicate in the staffing table information about what types of incentive payments are due to each staffing unit. To do this, in a special requisite in the staffing unit card, you need to select from the reference book (the setting of which is described in step 1) the types of due payments. Opposite each such payment, you must indicate the value of one point in rubles and the frequency of payments.

Step 3... It is advisable to indicate the reasons for the cancellation of payments and the list of job duties in special details in the staffing card. Then you don't have to manually type this information in the form of an effective contract later.

The transition of a hospital to an effective contract requires even more care and responsibility from personnel officers than the previous mode of work, especially during the hiring of a person. The HR specialist needs to clearly know which criteria correspond to the position being introduced and where to get them.

It is necessary to scrupulously enter the employee's job responsibilities and introduce appropriate performance criteria into the program. Even if all the criteria for evaluating activities are introduced in the personnel accounting program (in the section "Remuneration"), you still need to choose the appropriate one. After all, if you enter the wrong criterion, there may be negative consequences. Suppose an employee has already read the contract and signed it, and then it turns out that he was fined for something that is not in the contract. Experience shows that it is very useful if every employee of the HR department always has a list of criteria with points and amounts at hand on the desktop. Then, when filling out the documents, you can quickly check everything.

Also see:
- Effective contract
- Tax incentives for budgetary institutions
- Systems of remuneration of budgetary institutions 2014
- The system of remuneration of public sector employees 2014
- Increase in wages

To read the latest materials of the journal "Accounting in budgetary institutions", log in as a subscriber, or subscribe to the magazine.

The transition to an effective contract raised many questions from the heads of budgetary institutions. Let's consider the most relevant ones.

The preconditions for the transition to an effective contract are contained in the Decree of the President of the Russian Federation No. 597, which provides for a gradual improvement of the system of remuneration of workers in the budgetary sector of the economy. It is indicated that the increase in payment should be due to the achievement of specific indicators of the quality and quantity of services provided.

Mandatory transition on an effective contract is laid down in the Program for improving wages, developed in accordance with the Decree of the President of the Russian Federation No. 597.

For each social sphere activities exist their basic documentsdesigned to improve the efficiency and quality of service delivery in the transition to an effective contract system. For instance, for education These are the Action Plan ("road map") "Changes in the social sectors aimed at increasing the efficiency of education and science", the State Program of the Russian Federation "Development of Education" for 2013 - 2020.

What is an effective contract?

The Wage Improvement Program defines an effective contract. it with an employee in which specified him job duties, terms of payment, indicators and criteria for assessing performance to assign incentive payments depending on on the results of work and the quality of the provided state (municipal) services, as well as measures of social support.

So, an effective contract means labor relations between employer and employees based on:

• the institution has a state (municipal) task and performance targets approved by the founder;
• the system for assessing the effectiveness of employees of institutions (a set of indicators and criteria that allow us to assess the amount of labor expended and its quality), approved by the employer in the prescribed manner;
• a remuneration system that takes into account differences in the complexity of the work performed, as well as the quantity and quality of labor expended, approved by the employer in the prescribed manner;
• the system of labor standards for employees of the institution approved by the employer;
• detailed concretization, taking into account the industry specifics in labor contracts, the duties of employees, indicators and criteria for assessing labor, conditions of remuneration.

Methodological framework for developing an effective contract

When developing the provisions of an effective contract, the head of a state (municipal) institution should first of all be guided by Order of the Ministry of Labor of the Russian Federation No. 167, which approved the relevant recommendations for formalizing labor relations with an employee. For some areas of activity, there is still own methodological basis introducing an effective contract. At the federal level, recommendations have been approved for the development of performance indicators for:

For other areas of activity, for example, for physical culture and sports organizations, there are no similar recommendations yet. However, the activities of physical culture and sports organizations can be considered as the provision of social services in accordance with clause 1 of the Order of the Ministry of Sports of the Russian Federation No. 121, and when developing performance indicators, be guided by Order of the Ministry of Labor of the Russian Federation No. 287. When switching to an effective contract system, this document can also be used by other institutions that provide social services in their field.

In the future, all ministries and departments in order to implement a new personnel policy based on an effective contract with employees in subordinate budgetary institutions should:

• develop and implement exemplary forms of employment contracts with an employee;
• clarify and establish sectoral labor standards based on existing professional standards;
• prepare, test and implement sample programs additional vocational education (coursework) for heads of budgetary institutions on the development and implementation of effective personnel policy based on an effective contract.

Normative legal acts and methodological basis for the transition to an effective contract system

Name	Document provisions
Decree of the President of the Russian Federation No. 597	The increase in the average salary of public sector employees is associated with the efficiency and quality of services
Pay improvement program	Approved the Model form of an employment contract (effective contract) with an employee of a state institution (Appendix 3).
An action plan ("road map") for changes in social sectors aimed at improving the efficiency of the relevant social sphere of activity (education, science, culture, healthcare, etc.), approved by the relevant decree of the government of the Russian Federation (for example, Order of the Government of the Russian Federation No. 722 -R)	The activities, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract
An action plan ("road map") for changes in social sectors aimed at increasing the efficiency of the relevant social sphere of activity, developed at the regional or municipal level (for example, Order of the Government of St. Petersburg dated 04.23.2013 No. 32-rp).	The activities, indicators and results to improve the efficiency and quality of services in the relevant area are reflected, correlated with the stages of transition to an effective contract in a particular region or municipality
Methodological recommendations for the development by state authorities of the constituent entities of the Russian Federation and local self-government bodies performance indicators subordinate state (municipal) institutions, their heads and employees by type of institution and main categories of employees, approved by order of the relevant ministry (for example, Order of the Ministry of Health of the Russian Federation No. 421)
Criteria for assessing the effectiveness of employees a certain social sphere, developed on regional level*	Guidelines for the development of criteria for institutions of the constituent entities of the Russian Federation and municipalities
	Guide to Developing Criteria for Evaluating Leadership Performance budgetary organizations subjects of the Russian Federation and municipalities

* For example, Criteria for assessing the performance of employees of municipal cultural institutions, approved by the Administration rural settlement Of the Annovsky village council of the Belebeevsky district of the Republic of Bashkortostan by Resolution No. 69 of 23.12.2013.

** For example, the Order of the Education Committee of the Government of St. Petersburg dated 20.08.2013 No. 1862-r.

How to conclude an effective contract?

If the employee is already is in an employment relationship with the employer, then you should conclude with him supplementary agreement on changing the terms of the employment contract determined by the parties.

With faces employed, an employment contract is signed in the format effective contract.

Types of effective contracts

How to develop an employment contract - an effective contract?

When drawing up a regular labor contract, the employee's job duties can be indicated in it, or they can be established by another document (job description). In an effective contract, job responsibilities should preferably be reflected directly in the text.

Sample form of an employment contract - an effective contract with an employee of a state (municipal) institution is given in Appendix 3 to the Program for improving wages. This is a template that should be "customized" for each specific institution.

How to make an existing employment contract an effective contract?

The procedure for changing labor contracts is established by Art. 74 of the Labor Code of the Russian Federation: if, when the organizational or technological conditions of work change, the conditions of the employment contract cannot be preserved, then it is allowed changing the terms of the contract on the initiative of the employer, that is, unilaterally (except for a change in the employee's labor function). In the Order of the Ministry of Labor of the Russian Federation No. 167n, it is recommended to be guided by this article when introducing an effective contract.

With the introduction of an effective contract, a key change in the terms of the employment contract will be adjustment of wage conditions... Article 74 of the Labor Code of the Russian Federation does not regulate this change, however it does not establish an exhaustive list what falls under the concept of "changing working conditions". This means that when the conditions of remuneration change can be guided its provisions.

Another change concerns the clarification of the employee's responsibilities (for example, achieving performance indicators).

When changing the contract unilaterally, the employer must indicate the reasons and justify them as inevitable. In this case, the employer can refer to the Program for Improving Pay and other regulationsassociated with the introduction of an effective contract system. The wage improvement program establishes indicators and criteria for assessing the performance of employees of state (municipal) institutions - this is the reasons changes to the employment contract. The introduction of indicators and criteria necessitates a change in the conditions of remuneration and clarification of job duties in labor contracts.

What conditions of the employment contract are subject to change

When developing the provisions of an effective contract, it is necessary to specify job responsibilities and working conditions, and prescribe social support measures.

* Article 21 of the Labor Code of the Russian Federation.

** Relevant clause of the employment contract.

*** Relevant clause of an effective contract.

**** Installed staffing table and is reflected in the employment contract (effective contract); is paid for the performance of basic job duties and remains unchanged.

***** Set by the Regulations on Remuneration and reflected in the employment contract (effective contract), paid for work in working conditions that deviate from normal, and in other cases.

****** Set by the wages regulation, annex to the effective contract, paid for the achievement of performance indicators.

What to include in an effective contract?

When developing an employment contract and an additional agreement, one should be guided by Art. 57 of the Labor Code of the Russian Federation, which regulates the content of the employment contract. If the conditions specified in this article are not in the previously concluded employment contract, then it is recommended to include them in the supplementary agreement.

If the employment contract previously concluded with the employee does not contain the mandatory conditions specified in Art. 57 of the Labor Code of the Russian Federation, then these conditions are included in the additional agreement.

In relation to each employee, his labor function, indicators and criteria for assessing the effectiveness of activities must be clarified and concretized, the amount of remuneration, as well as the amount of incentives for achieving collective labor results, must be established.

When registering an employment relationship with an employee of an institution, the norms provided by local regulations, collective agreements and agreements.

In particular, the documents (supplementary agreement or employment contract) must contain:

• labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific species assigned to the employee of the institution of work). If, according to the Labor Code of the Russian Federation, other federal laws, the provision of compensation and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books , approved in the manner prescribed by the Government of the Russian Federation, or the provisions of professional standards;
• in the case where was concluded , the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
• terms of payment (including the size of the wage rate or salary of the employee, additional payments, allowances and incentive payments). It is recommended to specify the conditions for making payments: of a compensatory nature (name of payment, size, factors determining its receipt); stimulating nature (name of payment, conditions of receipt, indicators and criteria for assessing the effectiveness of activities, frequency, size);
• working hours and rest time (if for this employee institutions, it differs from the working hours of the rest general rulesacting in the institution);
• compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace;
• conditions governing where necessary nature of work (mobile, traveling, on the road, other nature of work);
• working conditions at work;
• mandatory condition social insurance employee in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or an additional agreement may contain additional conditions that specify the rights and obligations of the parties to the employment contract. However, these conditions should not worsen the employee's position in comparison with the conditions established by the legislation of the Russian Federation and other regulatory legal acts, collective bargaining agreement, agreements, local regulations, in particular, conditions for specifying the place of work (indicating structural unit and its location), about the trial.

Steps to follow when introducing an effective contract

A certain sequence of actions during the transition to an effective contract system will allow the employer to reduce the cost of time and effort, as well as to comply with the norms labor legislation... Actions should be as follows:

1. Create in the institution commission on the organization of work related to the introduction of an effective contract.
2. Explore basic and advanced performance indicators activities developed and approved by the founder, indicators of the quality and efficiency of activities introduced by the founder in the municipal assignment for the provision of services of a certain type by the organization.
3. Acquainted with assessment mechanism, a system for monitoring the achievements of basic and additional indicators for each organization, approved by the founder.
4. Conduct explanatory work in the work collective on the introduction of an effective contract.
5. Create on the official website section "Evaluation of the effectiveness of the institution" for the submission of regulatory and administrative documents on the transition to the system of effective contracts.
6. Analyze existing employment contracts workers for their compliance with Art. 57 of the Labor Code of the Russian Federation and the Order of the Ministry of Labor of the Russian Federation No. 167n.
7. To develop indicators the efficiency of employees.
8. Taking into account the developed indicators make changes in the regulation on remuneration, regulation on incentive payments.
9. Adopt local regulationsrelated to the remuneration of the employee, taking into account the opinion of the trade union committee of the primary trade union organization.
10. To concretize labor function and conditions of remuneration of the employee.
11. To develop individual employment contracts (additional agreements) with employees, taking into account the approved form of a model employment contract, using indicators and approved criteria for the effectiveness of the institution's employees.
12. Approve modified job descriptions.
13. Notify employees on changing certain conditions of the employment contract.
14. To conclude with additional agreement employees.

Read about the issues of transition to an effective contract in the article by S. P. Frolov "We are moving to an effective contract", No. 3, 2014.

Decree of the President of the Russian Federation of 07.05.2012 No. 597 "On measures for the implementation of state social policy."

The program for the phased improvement of the remuneration system in state (municipal) institutions for 2012 - 2018, approved by By order of the Government of the Russian Federation of November 26, 2012 No. 2190-r.

Approved by the Order of the Government of the Russian Federation dated April 30, 2014 No. 722-r.

Approved by the Decree of the Government of the Russian Federation of April 15, 2014 No. 295.

Order of the Ministry of Labor of the Russian Federation of 04/26/2013 No. 167 "On approval of recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract."

Order of the Ministry of Health of the Russian Federation of June 28, 2013 No. 421 "On Approval of Methodological Recommendations for the Development of Performance Indicators of Subordinate government agencies, their managers and employees by type of institution and main categories of employees. "

Letter of the Ministry of Education and Science of the Russian Federation No. AP-1073/02 of 20.06.2013 "On the development of performance indicators" their leaders and certain categories of workers ", approved by the Ministry of Education and Science of the Russian Federation on June 18, 2013).

Order of the Ministry of Culture of the Russian Federation of June 28, 2013 No. 920 "On Approval of Methodological Recommendations for the Development by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies of Performance Indicators for Subordinate Cultural Institutions, Their Heads and Employees by Types of Institutions and Main Categories of Employees"

Order of the Ministry of Labor of the Russian Federation of 01.07.2013 No. 287 "On Methodological Recommendations for the Development of Performance Indicators of the Subordinate State (Municipal) Institutions by State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies social service population, their leaders and employees by type of institution and main categories of workers. "

Order of the Ministry of Sports of the Russian Federation of 19.03.2013 No. 121 "On methodological recommendations for the organization of an independent system for assessing the quality of work of organizations providing social services in the field of physical culture and sports ".

For example, when concluding an employment contract with an employee who is a foreign citizen or stateless person (Article 327.2 of the Labor Code of the Russian Federation), with athletes, with coaches (348.2 of the Labor Code of the Russian Federation), civil servants (Clause 3 of Article 24 of the Federal Law of 27.07.2004 No. 79-FZ "On state civil service RF ").

In connection with the numerous appeals of workers and employers, the Moscow Regional Committee of the Trade Union of Healthcare Workers of the Russian Federation, taking into account the specifics legal regulation of labor relations with workers of medical organizations, "Recommendations for the registration of labor relations with workers of medical organizations when introducing an effective contract" were developed with the application of sample forms of additional agreements and a sample form of an employment contract.

We propose to take part in the discussion of the topic of introducing an effective contract in medical organizations of the Moscow region.

According to the order of the Government of the Russian Federation of November 26, 2012 N 2190-r "On approval of the Program for the gradual improvement of the remuneration system in state (municipal) institutions for 2012 - 2018", an effective contract is understood as an employment contract with an employee, which specifies his job duties, terms of remuneration, indicators and criteria for assessing the effectiveness of activities for the appointment of incentive payments depending on the results of work and the quality of the state (municipal) services provided, as well as measures of social support.

By order of the Government, the task was set to clarify and concretize the labor function of an employee, indicators and criteria for assessing the effectiveness of his activities, to establish the amount of remuneration, as well as the amount of incentives for achieving collective results of work. The conditions for receiving remuneration should be clear to the employer and the employee and should not be misinterpreted. In addition, the order contains an approximate form of an employment contract with an employee of a state (municipal) institution.

The introduction of an effective contract is understood by some employers as the need to conclude new employment contracts with employees (renegotiation of employment contracts), which is not provided for by labor legislation. In addition, employers have difficulties in determining the terms of an employment contract on compensatory and incentive payments.

We draw the attention of employers that the procedure for concluding, changing and terminating employment contracts is established Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). The renewal of the labor contract of the Labor Code of the Russian Federation is not provided.

Recommendations for formalizing labor relations with an employee of a state (municipal) institution when introducing an effective contract were approved by order of the Ministry of Labor and Social Protection of the Russian Federation of 04/26/2013 No. 167n.

We believe that the use of the approximate form of the employment contract, approved. by order of the Government of November 26, 2012 N 2190-r, requires mandatory clarification, taking into account legal features regulation of labor relations with employees of medical organizations.

In order to exclude the possibility of violation of labor legislation when introducing an effective contract, the Moscow Regional Committee of the Trade Union of Healthcare Workers of the Russian Federation has developed these recommendations with the attachment of sample forms of additional agreements and a sample form of an employment contract.

When developing the proposed forms, the norms of labor legislation, recommendations, approved. by order of the Ministry of Labor and Social Protection of the Russian Federation dated April 26, 2013 No. 167n.

The content of the employment contract is determined by Art. 57 of the Labor Code of the Russian Federation.

An employment contract must contain mandatory information and mandatory conditions, and may also contain additional conditions:

1. Art. 57 of the Labor Code of the Russian Federation established that if, in accordance with federal laws, the performance of work in a specified position, profession and specialty is associated with the provision of compensations and benefits to employees or the establishment of restrictions, then the name of this position, profession or specialty and qualification requirements for them should be indicated in the employment contract in accordance with qualification reference books.

In this regard, determining a prerequisite - about the labor function of medical workers, the name of the position, the employer must be guided by the order of the Ministry of Health and Social Development of the Russian Federation of 23.07.2010. 541н "On approval of the Unified qualification reference book of positions of managers, specialists and employees, section Qualification characteristics of positions of workers in the health sector" (hereinafter CEN).

The qualification characteristics contained in the CEN apply as regulatory documents, and also serve as the basis for the development of job descriptions containing a specific list of job duties, taking into account the characteristics of the work of workers in medical organizations.

By the clarification of Rostrud dated 31.10.2007. N 4412-6 job description gives an important place in defining the labor function of the employee, his job duties, limits of responsibility, as well as qualification requirementspresented to the position held.

In medical organizations, job descriptions are usually developed and approved for all staffing positions. Employees must be familiarized with job descriptions against signature.

If the job description complies with the TSA and the employee is familiarized with it against signature, then there is no need to clarify the labor function provided for by the introduction of an effective contract.

The practice of defining the labor function in the job description, and not in the employment contract, which has developed in medical organizations in the Moscow Region, is not a violation of labor legislation.

2. Obligatory condition of the employment contract on remuneration by virtue Art. 57 of the Labor Code of the Russian Federation should contain the size of the official salary (tariff rate), additional payments, allowances and incentive payments.

Thus, the size of the official salary must be indicated directly in the employment contract. As for the additional payments, allowances and incentive payments due to the employee, they can be directly indicated in the employment contract or a reference can be made to the corresponding local regulatory act, which provides the grounds and conditions for their payment. In any case, by virtue of Art. 22 of the Labor Code of the Russian Federation, the employee must be familiarized with the content of these local regulations, as well as with all local regulations directly related to his work activity.

The introduction of an effective contract involves informing the employee about the conditions of remuneration, indicators and criteria for assessing the effectiveness of activities for the purpose of incentive payments, depending on the results of work. The conditions for receiving remuneration must be clear to the employee and avoid double interpretation. By virtue of Art. 135 of the Labor Code of the Russian Federation, wages to an employee, including additional payments and incentive payments, are established by an employment contract in accordance with the local regulations in force with the employer that establish the remuneration system.

In the exemplary forms of additional agreements and an employment contract proposed by the IOC PRZ RF, the remuneration system currently in force in the Moscow region is applied, approved. Regulations on the remuneration of employees of state healthcare institutions of the Moscow Region (Resolution of the Government of the Moscow Region of 07.07.2007, No. 483/23).

3. By virtue of Art. 57 of the Labor Code of the Russian Federation, a prerequisite for an employment contract is a condition on compensation for hard work and work with harmful and (or) dangerous working conditionsif the employee is hired in appropriate conditions, indicating the characteristics of the working conditions. The absence of this obligatory condition in the labor contract by the state control bodies and the trade union is assessed as a violation of labor legislation.

In this regard, the condition of the approximate form of the employment contract - clause 15 "The employee is subject to benefits, guarantees and compensations established by the legislation of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, the collective agreement and local regulations" requires mandatory clarification - instructions provided specific employee guarantees and compensations.

The exemplary forms of additional agreements and labor contracts proposed by the IOC PRZ RF take into account guarantees and compensation for employees of medical organizations, established by the current legislation of the Russian Federation.

4. To the additional terms of the employment contract, Art. 57 of the Labor Code of the Russian Federation refers to the clarification in relation to the working conditions of the employee of the rights and obligations of the employee and the employer.

In addition, by agreement of the parties, the labor contract may include the rights and obligations of the employee and the employer established by labor legislation and other regulations containing labor law norms, as well as the rights and obligations of the parties arising from the terms of the collective agreement, agreements.

Failure to include any of these rights and (or) obligations in the employment contract is not a violation of labor legislation.

5. An additional condition of the employment contract - measures of social support should be entered into the employment contract, if they are provided for by the collective agreement, agreements.

Thus, the analysis of the normative acts establishing the introduction of an effective contract (order of the Government of the Russian Federation of November 26, 2012 N 2190-r, order of the Ministry of Labor and Social Protection of the Russian Federation of April 26, 2013, No. 167n) allows us to conclude that if a labor the agreement with the employee meets all the requirements of labor legislation, then the introduction of an effective contract should be limited to the conclusion of an additional agreement with him, specifying the conditions for remuneration (Sample form of the Additional agreement developed by the IOC PRZ RF-Appendix 1).

By analogy, if any of the terms of the employment contract do not meet the requirements of the law, then they should also be included in the Supplementary Agreement.

If necessary, it is possible to conclude an Additional Agreement on new edition terms of the employment contract. The approximate form of such an Additional Agreement, developed by the IOC PRZ RF in Appendix 2.

When concluding labor contracts with newly hired employees, we propose to use an approximate form of an employment contract, also developed taking into account the peculiarities of the legal regulation of labor of employees of medical organizations and taking into account the order of the Government of the Russian Federation of November 26, 2012 N 2190-r (Appendix 3).

An effective contract in health care is a special form of an employment contract with a health worker, which details and similarly sets out such provisions as his job function, conditions for earning earnings and calculating payments that stimulate effective activity.

The procedure for drawing up a new form of an employment contract has its own characteristics, which are set out in legislative acts.

From the article you will learn:

Moving to an effective contract in healthcare

Legislatively, the transition to an effective contract is enshrined in the decree of the Government of the Russian Federation No. 2190-r of November 26, 2012. The deadline for the planned events is 2018.

With regard to the healthcare sector, from the meaning of the document it follows that changes in the budgetary sphere are taking place to motivate medical personnel in their activities, as well as to increase the attractiveness the medical profession for young professionals.

In the new forms of labor contracts, the medical institution must clarify and detail the content, criteria for evaluating the performance of its work, the size and conditions of incentive and incentive payments.

The legislator clarifies that the conditions that relate to the amount of remuneration must be set out in a form accessible to the employee, not to allow unambiguous wording.

Note that in the Labor Code of the Russian Federation, the concept of "effective contract" is not enshrined. This means that the "employment contract" is used as the main wording.

Therefore, all legal relationships that, in one way or another, are associated with the conclusion or change of an effective contract occur according to the same rules as before. The employer should be guided by them in the sphere of new rules.

In the order of the Ministry of Labor of the Russian Federation No. 167n of 04/26/2013, recommendatory provisions on the registration of employees of budgetary institutions with the conclusion of an effective contract under new conditions are fixed.

Consider the general provisions for concluding a contract with working and only employees who are hiring, then we turn to special cases.

An effective healthcare contract with a new healthcare provider

Since in terms of concluding an employment contract in the Labor Code of the Russian Federation, new norms have not been introduced, the medical institution must conclude with its employees according to the previous rules.

However, in the conditions of transition to an effective contract, it is necessary to take into account the provisions that are provided for in the main acts:

• existing in a medical facility;
• the current system for calculating the earnings of medical workers, the procedure for establishing allowances and various payments for them, the size of official salaries, etc.;
• working conditions based on the results of the conducted SOUT;
• working hours of employees and their rest from their immediate duties;
• the staffing table of the medical institution, which sets out its structure and the number of positions and rates by profession;
• specific working conditions for certain categories of workers, if any - for example, traveling work, mobile, etc.

Since an effective contract involves working with criteria and indicators of the performance of health workers, the employer should consider guidelines on this issue, which are set out in the following documents:

1. order of the Ministry of Health of the Russian Federation No. 421 of June 28, 2013 (criteria and performance indicators for employees of subordinate medical institutions, managers and main categories of workers);
2. order of the Ministry of Labor of the Russian Federation No. 287 dated 01.07.2013 (criteria and performance indicators for employees of institutions in the sphere of social services to the population).

Each medical facility must develop and approve model contract (labor contract) according to new rules, which is supplemented and specified for each new employee.

Changing conditions when switching to an effective contract

Once again, we note the conditions that must be detailed in an effective contract, as the form of an employment contract:

• labor function of the employee;
• the amount of the official salary;
• conditions for the provision and amounts of compensation payments;
• conditions for the provision and amounts of incentive payments.

In other words, this is still the same employment contract, but in which it is described in more detail what exactly the employee does in his position, what volumes of his work are provided for and how he is calculated for a quality work performed.

The program, approved by the Government Decree No. 2190-r of November 26, 2012, contains and approximate form effective contract, which is the basis for budgetary organizations, including in the health sector.

Let's take a look at a few practical questions that hospital managers have.

1. Is it necessary to terminate the previous employment contract with an employee who already works in a medical facility?

• You cannot terminate the current employment contract with an employee, since only some of its provisions have changed. They are drawn up in the form of an additional agreement, which will be integral part previous document.

2. Is it necessary to conclude an effective contract with a part-time employee, for example, a paramedic who works at 1.75 rate?

• Any employment contract is concluded with all employees of a medical institution, and the form of an effective contract is no exception.
• If a paramedic is hired part-time, above the basic rate, then two contracts are concluded with him - one for the basic rate (1.0), and the second for 0.75 of the internal part-time rate.
• Similarly, in a situation where a health worker has already been hired part-time and is undergoing the procedure for implementing an effective contract. Two additional agreements will be concluded with him - in the main place and in combination.
• The same rules apply for external part-timers.
• These requirements are fully justified, since the reform of the budgetary sphere presupposes the specification of the labor functions of workers and the indicators of their effective performance. This means that changes in any case must be reflected in all employment contracts in force in the medical institution.

3. Is it necessary to draw up an effective contract in health care with specialist consultants (for example, doctors), if previously they were not concluded labor contracts, but civil law contracts?

A healthcare provider refuses to switch to an effective contract

An effective contract in healthcare and its essence is not always clear to the employee, and he may refuse the new form of the employment contract.

It should be understood that such a refusal always entails certain legal consequences.

If the health worker does not want to sign an additional agreement to the concluded labor contract, in which the conditions of his remuneration and labor function are set out specifically, then the head of the medical institution must offer him another job.

The proposed job may not suit the health worker, or the employer may not have vacancies at the moment - in this case, the employment relationship with the employee ends.

We recommend that you initially explain to the employee in detail that the new form of the employment contract is amended, and it will always specify the employee's working conditions and his remuneration for this work.

In the decree of the Plenum of the RF Armed Forces No. 2 of March 17, 2004, it was said that when an employer notifies an employee of a change labor agreementthen it is his responsibility to indicate that the changes are due to new technological or organizational work conditions.

The Government Decree No. 2190-r states that the introduction of a new system of rationing and remuneration of employees in a medical institution can be indicated as new organizational conditions.

In accordance with Art. 77 of the Labor Code of the Russian Federation, one of the grounds for terminating an employment contract is the employee's refusal to continue his activities in an employment contract.

We summarize the order of actions in case of refusal of a health worker to issue an effective contract:

• The medical institution warns its employees in advance that the terms of their employment contracts will change two months before them;
• If the health worker does not agree to continue working in the new conditions, then in writing the employer must offer him another existing position that corresponds to the level of knowledge and qualifications of the employee. In another area, vacancies can also be offered, but only if this is provided for by the edition of the employment contract, or local act medical institutions;
• If there is no suitable job or the health worker refuses it, then the labor relationship with him ends. The HR department in the order to dismiss such a health worker should note the absence of a suitable position, or that the worker refused the proposed options.

How to draw up an additional agreement with an employee

All those sections and clauses of the supplementary agreement that contain the amended terms of the employment contract should begin with the words: "Section ... of this employment contract should be reworded: ...".

The introductory section of the agreement with the healthcare professional to the employment contract consists of the following information:

• details of the document, the date of its preparation and registration number;
• the date of the conclusion of the agreement to the employment contract;
• full details of the medical worker with whom the agreement is concluded (name, position);
• employer name and legal basis for action official, on whose behalf the agreement is concluded (for example, on the basis of a power of attorney or charter).

Below is an example of the introduction of an introductory section of an additional agreement with a health worker.

Supplementary agreement

to the employment contract No. ___ dated ____

"__" ___________ 20__

___________________________________________________________________________,

(name of the institution in accordance with the charter)

represented by _____________________________________________________________________,

(position, full name)

acting on the basis ___________________________________________________

(charter, power of attorney)

__________________________________________________, hereinafter referred to as

employer, on the one hand, and ________________________________________,

(Full name.)

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

have entered into this supplementary agreement as follows:

Download additional agreement with an employee, sample / form \u003e\u003e

Description of the labor function of a health worker

When concluding an effective contract with a specific health worker, it is necessary to indicate in its text:

1. The name of his position (for specialists, employees and managers).
2. Working specialty or profession (for working personnel).
3. What work is specifically assigned to an employee.

It must be remembered that if work in a specific profession or position is associated with the employee receiving any preferences and benefits (preferential professions), its name must correspond to the professional standard and qualification reference book.

The correct job titles are given for medical workers in, which was approved by order of the Ministry of Health of the Russian Federation No. 1183n of 12/20/2012.

To find correct name positions or professions of non-medical personnel, one should consult the following sources:

• single qualification handbook (Order of the Ministry of Health and Social Development No. 541n of 23.07.2010);
• positions of managers and specialists (Resolution of the Ministry of Labor of the Russian Federation No. 37 of 08.21.1998);
• tariff and qualification reference books of job positions;
• all-Russian classifierapproved by Rosstandart (for example, Rosstandart order No. 2020-st dated 12.12.2014, Gosstandart decree No. 367 dated 26.12.1994);

For some positions, you must additionally indicate:

• specialty - for a specialist doctor, in the direction in which he is trained and directly performs these duties (for example, an endocrinologist);
• section title medical activity - for deputy chief physicians (for example, deputy chief physician for medical affairs);
• the full name of the medical position by profile - for the head of the department of a medical institution (for example, the head of the surgical department is a surgeon);
• job title with specialty - for an admission doctor (for example, an admission doctor is a general practitioner).

For the names of the positions of medical workers, in accordance with the decree of the State Standard of the Russian Federation No. 367 dated December 26, 1994, the words “senior”, “district”, “leading”, “district”, “chief” can be used in addition.

For example, head midwife, district pediatrician, head nurse, head nurse, etc.

Let's consider a practical situation:

It is necessary to correctly indicate the position of the head of the CDL, who does not have a medical education.

The correct title of the position of the head of the CDL is "head of the clinical diagnostic laboratory - laboratory assistant." A specialist who worked as a laboratory doctor until 01.10.1999 can be appointed to such a position.

As follows from the nomenclature of health workers, approved by order of the Ministry of Health of the Russian Federation No. 1183n dated 20.12.2012, the name of the position of the head of the department of a medical institution must be assigned the name of a medical position according to the profile of activity.

The only position that a specialist without medical education can take is as a laboratory doctor. In this case, the document contains a disclaimer that only a specialist who was admitted to this position before 10/01/1999 can work as a laboratory assistant. If the relevant specialist was hired later, then he cannot take the position of the head of the CDL or a laboratory doctor.

Specification of the labor function in an effective contract

Effective contract in healthcareallows you to reveal in detail labor duties employee during his working hours.

It is not necessary to indicate how many positions the employee holds, for example, 0.25 of the rate. The total number of hours of work per week must be specified.

Also, in an effective contract that specifies the working conditions of a health worker, an indication can be made that the employee combines several positions or professions.

For example, in conditions of a shortage of personnel, many nurses also perform the functions of a nurse. This time is not worked out in excess of the norm, since the employee performs this work during his main working day in addition to the main duties stipulated by the employment contract.

The employee is involved in the combination by agreement with the employer, the volume, content, etc. are discussed.

The employee's consent is reflected in writing. So, you can conclude an additional agreement with the employee or take written consent from him, after which the corresponding order of the chief physician is issued.

The job description should be supplemented with specific duties to be performed.

An indication can be made that the health worker's labor standards are set by the official health facility's labor rationing system.

Job descriptions can be taken from job descriptions, which are based on qualification characteristicsapproved by the order of the Ministry of Health and Social Development No. 541n dated 23.07.2010.

If a professional standard has been developed for a specific position, the necessary formulations can be taken from this document.

Below is an example of a description of the work function of a pediatrician.

The duties of the employee are to provide medical assistance to the child population. Including:

• Examination of the patient in order to establish his diagnosis;
• Appointment of medical and diagnostic measures for the child population, control over their safety and effectiveness;
• Development and implementation of individual rehabilitation programs;
• Sanitary and educational work with children and their parents, formation healthy way life of the population;
• Preventive activities of the state of health of children in different age groups, as well as analysis of its effectiveness;
• Monitoring the activities of subordinate middle and junior medical personnel.

Undesirable in additional agreement make a record that the employee must perform a certain amount of work (for example, about carrying out a certain number of tests, studies, appointments, medical examinations).

Also, one cannot say that a health worker provides assistance only to certain groups of the population, for example, only for paid medical services.

An indication of the specific type of work assigned to the employee An indication of the specific duties assigned to the employee must be made in the event that the health worker will not perform all the duties provided for the position of a doctor, but, for example, part of them. The duties of specialists are formed on the basis of the qualification characteristics approved by the order of the Ministry of Health and Social Development No. 541n of 23.07.2010. If the doctor will perform only part of the functions provided for a specific position, for example, will conduct an appointment-consultation, conduct only case study - EKG, they must be listed in an effective contract. Also, the specific type of assigned work is indicated when concluding a fixed-term employment contract. For example, if an employee is hired to carry out preventive vaccinations for specific indications, for example, during a flu epidemic.

An employment contract or an effective contract in health care must necessarily contain the name of the structural unit in which the health worker will carry out his activities.

When specifying a structural unit, it is important to check the staffing table of the medical institution and the list of departments of medical institutions, which are approved by the Government of the Russian Federation No. 781 of October 29, 2002.

The employer's mistakes will lead to negative consequences for the employee - if the wording is inaccurate, the employee may lose his right to receive preferential early pension.

Official salaries in an effective contract

When the official salary is reflected in the text of an effective contract, it is necessary to indicate its amount in accordance with the regulatory acts of the constituent entity of the Russian Federation, which determine the salaries for the PKG.

PKGs are reflected in the following regulations:

• Order of the Ministry of Health and Social Development of the Russian Federation No. 526 dated 06.08.2007 (for pharmaceutical and medical workers);
• Order of the Ministry of Health and Social Development of the Russian Federation No. 247n of May 29, 2008 (industry-wide titles of positions of specialists, managers and employees); Order of the Ministry of Health and Social Development of the Russian Federation No. 248n of 05/29/2008 (working specialties and professions).

In which PCG is the position of the head (chief physician) of a medical institution? Professional qualification groups in accordance with Art. 144 of the Labor Code of the Russian Federation are dedicated groups of specialist positions and workers' professions. They do not include the positions of heads of medical institutions, including the head physician. In addition, the doctor's PKD is not provided for by orders of the Ministry of Health and Social Development No. 526 and No. 247n. Remuneration for the work of heads of medical institutions is established in the manner prescribed by the decree of the Government of the Russian Federation No. 583 dated 05.08.2008, in regional acts, in documents municipalities and in the constituent documentation of the medical institution.

In regional medical institutions, it is possible to establish the official salaries of employees not according to the PKG, if such a procedure is directly regulated by a regional act.

Federal facilities may also use non-PCG salaries, but this is not recommended.

Let us consider two practical situations that are associated with the establishment of official salaries for health workers.

1. Can an employee be set a salary below the minimum wage.

• A medical institution can set salaries that are lower than the minimum wage, but the size of the entire earnings of a medical worker for a month cannot be lower than the minimum wage established for the region or country.
• It is necessary to take into account the fact that the salary of health workers consists, in addition to salary, of other payments - stimulating and compensatory. Therefore, a salary that is lower in size cannot be regarded as a violation.
• Nevertheless, it is important to remember that often other payments may depend on the fulfillment of certain conditions by the employee in his activities, therefore it is important to take this into account when determining the size of the salary.
• IN last years medical institutions and other public sector organizations strive to increase their employees exactly the guaranteed part of their wages, i.e. to raise their salaries in the first place.

2. Is it possible for a health worker to establish a reduced basic salary for the probationary period?

• This approach does not comply with legal requirements.
• When hiring an employee for a trial period, this condition should be spelled out in his effective contract. It also specifies the terms of payment for his labor, including the specific amount of the official salary.
• In accordance with the requirements of Art. 22 and 56 of the Labor Code of the Russian Federation, a medical institution, as an employer, must pay its employees wages in full, equally assess the equal work of their employees, including in monetary terms.
• This is due to the fact that probation in accordance with Art. 70 of the Labor Code of the Russian Federation is initially established in order to check whether the health worker corresponds to the work entrusted to him.
• Official salaries are always set in monetary terms, in Russian rubles.

3. Is it necessary to reflect the amount of the employee's official salary, taking into account personal income tax, in an effective contract?

• An employment contract and an effective contract in health care presupposes that the employee's salary will be set in it taking into account income tax individuals. As you know, personal income tax must tax all employee income, completely his salary.
• In this case, the medical institution acts as a tax agent for the employee, transferring the withheld amounts to the appropriate budget.
• Also, in a medical institution, it is permissible to use, in addition to official salaries, daily or hourly fixed wages, when a health worker performs a certain hard work at a certain unit of time.
• The size of this rate does not include social payments, incentives and compensatory payments.

Effective healthcare contract and employee compensation

In order to reflect the compensation payments due to an employee in an effective contract, it is recommended to reflect them in the form of the following table:

• in an effective contract, it is worth mentioning only those payments that form the salary of a health worker;
• it is not worth mentioning compensation associated with overtime for an employee who has exceeded the monthly work norm;
• you can indicate fixed amounts of payments in rubles, or reflect them as a percentage of the amount of the salary (for example, payment for continuous work experience in healthcare - 30% of the official salary);
• if the amount of this or that payment and the conditions for its calculation are determined exactly by the legislator, you can use the following wording in the contract - “other compensation payments are made to the employee in the amount determined by the legislation of the Russian Federation”.

Order of the Ministry of Health and Social Development of the Russian Federation No. 822 of December 29, 2007 established lists of compensation payments for employees of budgetary and state organizations.

The Labor Code of the Russian Federation establishes the following types of such payments:

1. for work at night;
2. for work in working conditions deviating from normal (harmful production factors);
3. for work in conditions of irregular working hours;
4. for work in special climatic conditions (Far North);
5. for work on weekends and holidays.

Incentive payments for health workers in an effective contract

An effective contract in health care, among other things, is designed to stimulate effective labor activity employees. In this regard, it provides detailed criteria and performance indicators for the employee to receive these payments.

Reflect the conditions and amounts of these payments in a special table, which will include the following information:

• the name of the payment due to the employee;
• the condition of its accrual;
• criteria for evaluating employee performance;
• the goal of achieving this or that criterion (its indicator);
• timing of payments and their frequency;
• amounts or amounts of payments in relation to the official salary.

All payments listed in an effective contract must be consistent with payments and their values \u200b\u200bapproved by the health facility's pay system.

It is not recommended to establish payments that are not related to the performance of the employee and medical facilities, as well as immeasurable and specifically indefinite payments and their conditions, for example, incentive payments for intensive work.

And payments, an effective contract in health care may provide for the following wording: “on the basis of local acts medical institution the employee can be set one-time incentive payments, which are provided for by the current remuneration system. "

A condition of an incentive payment is a specific requirement that a health worker must fulfill in the course of implementing his professional responsibilities for its calculation.

For example, such a requirement could be the absence of comments from management or disciplinary action.

In the order of the Ministry of Health of the Russian Federation No. 421 of June 28, 2013, it is said about the use of the scoring principle for calculating incentive payments. However, this provision is advisory in nature.

The frequency of specific payments can be different - once a month, once a year, once a quarter, based on the results of work.