Sample order for the appointment of a bankruptcy commissioner under 44 FZ. Contract manager: job description. Features of the job description of a contract manager

Legal advice:

1. In our organization, the total annual volume of purchases does not exceed 100 million rubles, should we create a provision on contract service? Is it enough to create an order to appoint a contract manager, an order to create a single commission and an order to work in a single information service purchases. Or do you need something else? Thank you.

1.1. Do you have a lawyer or a procurement specialist? It is strange that you don’t know such questions.
Read on.
Federal Law "On the contract system in the field of procurement of goods, works, services for the provision of state and municipal needs"dated 05.04.2013 N 44-FZ (latest edition)
Article 38. Contract service. Everything is clearly indicated.
1. Customers whose total annual procurement volume exceeds one hundred million rubles, create contract services (with the creation of a special structural unit optional).
(as amended by Federal law from 04.06.2014 N 140-FZ)

Did the answer help you? Well no

2. In our state institution there is a lawyer's rate (job description of a lawyer, where there is not a word about 44-FZ) for which, we accepted a person performing the functions of a contract manager (there is no order to appoint a contract manager, there is no provision on a contract manager). Tell me, pzhl, how can we legally eliminate violations?

2.1. In this case, issue an order on the admission of this person to the position of a contract manager. Good luck and all the best.

Did the answer help you? Well no

2.2. You need to hire a lawyer at the company Thank you for your appeal to our site good luck and all the best you will have to develop new documents.

Did the answer help you? Well no

2.3. Make changes to the job description and notify your lawyer in writing of the change in his job description at least two months before its entry into force.

Did the answer help you? Well no

2.4. You need to issue an order for the employment of this person as a contract manager, thus correcting your mistake.

Did the answer help you? Well no

3. I am interested in the following: I was appointed in 2015 as a contract manager. Whether an order for the appointment of a contract manager should be issued annually, or if there is no change, the 2015 order may remain.

3.1. It depends on how long you are assigned

Did the answer help you? Well no

4. I have been appointed as a contract manager, which is not my job. I have been working for 2 years without extra. agreement. How can I refuse these functions - in writing or is it enough to have a verbal warning, or just not to sign the order of appointment from 01.01.2016?

4.1. Without your consent, you cannot be assigned additional worknot stipulated by your employment contract.
Since there was no additional agreement, it is possible to verbally warn the employer and not do this work.
If the order does appear, then write on it that you do not agree, put the date and signature.

Did the answer help you? Well no

4.2. The employee performs only the work that is determined by his employment contract. You have the right to refuse any additional load. Very often the employer widens the circle job responsibilities to the employee without his written consent, this contradicts labor law... If it becomes necessary to load in excess of the job description, which must be identified with the duties of the employee in employment contract... The employer issues an order to endow the employee with new duties (to impute the functions of a secretary to the accountant's duties), then, on the basis of the order, an additional agreement to the employment contract is drawn up, then changes are made to the job description and the employee's signature is everywhere that he is familiar with and agrees, if this is not the case, then it is illegal. You feel free to write a statement to the State Labor Inspectorate or a statement of claim to the court. I would like to draw your attention to the fact that in case of refusal from additional work, you cannot be fired.

Did the answer help you? Well no

5. I was forced to sign an order to appoint me as a contract manager. The next day I wrote an application for the removal of me from this position, and my main position is an accountant, and there is no contract manager even in staffing table... The application was not accepted, arguing that there was no free rate and asked in this case to write a letter of resignation. Can they fire me, and how can I get them my application?

5.1. The application can be sent through the secretary. Ask the secretary to date and sign your copy. They will be required to review your application and give a reasoned, written response.
If the secretary refuses to accept the application, then send it by mail valuable letter with a list of attachments.

Did the answer help you? Well no

5.2. Were you forced? What is it like? An order is not a contract! What is written in your employment contract?

All the best.

Did the answer help you? Well no

6. I was forced to sign an order to appoint me as a contract manager. The next day I wrote an application for the removal of me from this position, and my main position is an accountant, and there is no contract manager even in the staffing table.

6.1. what's the question?

Did the answer help you? Well no

6.2. Were you forced? What is it like? An order is not a contract! What is written in your employment contract?
You need an in-person consultation. Appointment or temporary transferwhat in this case? The question is not solved blindly.

All the best.

Did the answer help you? Well no

7. Can I get fired for not signing an order with which I disagree? Is there an article in the Labor Code of the Russian Federation for not signing an order on the appointment of a contract manager? Am I entitled to modify this school year?

7.1. You have the right not to sign an order with which you do not agree, or write in the order (which is better in my opinion) do not agree and sign. There is no article for not signing an order. Work if you are not dismissed at the initiative of the employer has the right

Did the answer help you? Well no

8. I am a computer science teacher in a rural school, I refused to sign the order for appointment as a contract manager. The director, referring to my training in procurement, although I trained in her place, within three days forces me to sign this order. If I don't sign, he threatens to fire me and invites the Head of our district to explain his disobedience. Is it legal?

8.1. Tatyana Gennadievna, the actions of the leadership are illegal and contrary to the Labor Code of the Russian Federation. File a complaint with the labor inspectorate.

Did the answer help you? Well no

9. Or in cases of special need (temporary decree) to regulate the most important social relations.

Valerian King:

Verbel T.I., Minsk:
Alexander Buglak:

It should be noted that in accordance with Article 67 Labor Code Of the Republic of Belarus, a combination is recognized as the performance by the same employer, along with his main job stipulated by the employment contract, additional work in another profession (position) or duties of a temporarily absent employee without being released from his main job during the working day (work shift) established by law. ).

T.V. Migunova, Gomel:
Alexander Buglak:

Irina Slutskaya:

Verbel T.I., Minsk:
Vadim Brata:

This question does not apply to the stated topic of the online conference. For clarification on this issue, we recommend sending a written request.

Vadim Brata:

Victor, Minsk:

Good day!

Thank you.
Ivan Karchevsky:

Lyudmila, Minsk:
Anatoly Sadovnichy:

Alexander Buglak:

Maria, Novopolotsk:
Alexander Buglak:

Anatoly Sadovnichy:

Vadim Brata:

Yavchenko, Vitebsk:
Alexander Buglak:

Elena, Minsk:
Alexander Buglak:

Education department:
Irina Slutskaya:

Tatiana, Gomel:
Vadim Brata:

Angela, Minsk:
Ivan Karchevsky:

Ivan Karchevsky:

Olga, Minsk:
Valerian King:

Tatiana, Slonim:
Vadim Brata:

Valerian King:

Alexandra, Minsk:
Irina Slutskaya:

Irina Slutskaya:

Sergey Ivanovich, Brest:
Alexander Buglak:

Valerian King:

Svetlana L .:
Ivan Karchevsky:

Getsman S.N .:
Alexander Buglak:

Mikhail, Minsk:
Valerian King:

According to article 67 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), employees who perform for the same employer, along with their main job stipulated by the employment contract, additional work in another profession (position) or duties of a temporarily absent employee without exemption from their main work during the duration of the working day (work shift) established by law, an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee.

When combining professions (positions), the employee, along with his main job, due to the labor agreement (contract), performs additional work in another profession (position).

In accordance with Part 1 of Art. 67 of the Labor Code, combining professions (positions), expanding the service area (increasing the volume of work performed) are allowed with the same employer during the working day (shift) established by law.

For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments can be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or performing the duties of a temporarily absent employee within the fund wages in amounts up to the wage rate (salary) of the absent employee, depending on the volume of work performed (clause 2.5 of Appendix 1 to the Resolution of the Ministry of Labor of the Republic of Belarus of January 21, 2000 No. 6 "On measures to improve the conditions of remuneration of employees of organizations financed from the budget and using state subsidies ").

Also, the mentioned decree provides for cases when the specified additional payments are not established.

Varvara, Minsk:
Ivan Karchevsky:

Mikhadyuk Viktor, Minsk:
Anatoly Sadovnichy:

Valentina, Mogilev:
Ivan Karchevsky:

Evgeniy, Minsk:

Anatoly Sadovnichy:

Andy Viktorovich, Minsk:
Ivan Karchevsky:

Petr Petrovich, Grodno:
Anatoly Sadovnichy:

Ivan Karchevsky:

Anatoly Sadovnichy:

Ivan Karchevsky:

Queen Olga, Polotsk:

Anatoly Sadovnichy:

According to Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, due to the employment contract, additional work in another profession (position) or the duties of a temporarily absent employee without being released from their main job during the working day established by law ( work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee.

Valentina Olegovna, Minsk:

Ivan Karchevsky:

Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and is it necessary to agree to combine from the main employer?
Anatoly Sadovnichy:

It is important that for a part-time job, the consent of the employer at the place of the main job is not required, except in cases provided for by legislative acts.

Article 348 of the Labor Code defines some restrictions on part-time work. For example, classes in government organizations on the terms of two leadership positions, except for the positions of foremen and foremen, unless otherwise provided by law.

It is prohibited to work in combination of persons under eighteen years of age, pregnant women, as well as work with harmful conditions labor, if the main job is associated with the same conditions.

In case of part-time jobs in state organizations, joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code).

It is not allowed to admit concurrently to financially responsible positions of persons convicted of mercenary crimes, if the conviction is not removed or canceled in the prescribed manner, as well as to those positions or types of activities that are prohibited by a court verdict for certain categories of citizens.

The legislation of the Republic of Belarus also provides for other restrictions for part-time work, but there are no restrictions on the number of jobs.

In this regard, the employee has the right to work part-time in two or more organizations.
Evgeniy, Minsk:
Is the employee obliged to inform the employer that he is taking another part-time job?
Anatoly Sadovnichy:

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Can an employee be alone commercial organization work part-time as a DIRECTOR in another commercial organization? Thanks for the answer.
Alexander Buglak:

Labor legislation does not contain restrictions on part-time work for a director of another commercial organization, if this employee is no longer a director of another commercial organization, since in accordance with Article 255 of the Labor Code, the head of the organization is prohibited from performing paid work on the condition of full-time part-time, except for teaching, research or other creative activity, and medical practice... At the same time, one should take into account the requirements of Article 345 of the Labor Code that the duration of part-time work cannot exceed half of the normal duration of working time established by Articles 111 - 114 of the Labor Code.
Alexey, Minsk:
In the staffing table, the position of the lawyer does not correspond to the qualifications. The reference book, instead of it, it was necessary to indicate the legal adviser. How can a lawyer be changed to a legal adviser now? 1. rename the title? (although the organization does not have such a right) 2. or through the dismissal of a lawyer and his appointment as a legal adviser?
Irina Slutskaya:

In accordance with Article 32 of the Labor Code, a change in the name of a position refers to a change in the essential working conditions of an employee. The employee must be notified of this change no later than one month in advance. In the notice, the employer must indicate the justified reasons for changing the title of the position (for example, bringing it in accordance with the law). If the employee refuses to work in the changed working conditions, the employment contract with him is terminated under paragraph 5 of Article 35 of the Labor Code. Inconsistency of the title of the position of the EKSD is not a reason for dismissing an employee.
Yuri Anatolyevich, Gomel:
What has great legal force in labor relations: Labor Code of the Republic of Belarus or Decree of the President of the Republic of Belarus of July 26, 1999 No. 29.
Alexander Buglak:

In accordance with Article 2 of the Law of the Republic of Belarus on regulatory legal acts Of the Republic of Belarus The Code of the Republic of Belarus (codified normative legal act) is a law that provides complete systemic regulation of a certain area of \u200b\u200bpublic relations.

The Decree of the President of the Republic of Belarus is a normative legal act of the Head of State having the force of law, issued in accordance with the Constitution of the Republic of Belarus on the basis of legislative powers delegated to it by the Parliament or in cases of special need (temporary decree) to regulate the most important public relations.

In accordance with Article 10 of the said law:

Laws, decrees, decrees have great legal force in relation to decisions of the chambers of Parliament - the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Plenum The Supreme Court Of the Republic of Belarus, the Plenum of the Supreme Economic Court of the Republic of Belarus, acts Attorney General Of the Republic of Belarus and other regulatory legal acts.

Laws, decrees, decrees, decisions of the chambers of the Parliament - the National Assembly of the Republic of Belarus, decisions of the Council of Ministers of the Republic of Belarus, Plenum of the Supreme Court of the Republic of Belarus, Plenum of the Supreme Economic Court of the Republic of Belarus, acts of the Prosecutor General of the Republic of Belarus have great legal force in relation to the normative legal acts of ministries , other republican bodies government controlled and National Bank Of the Republic of Belarus, local Councils of Deputies, executive and administrative bodies.

Codes are more legally binding than other laws.

It should be noted that the Decree of the President of the Republic of Belarus of July 26, 1999 No. 29 regulates the issues of the contractual form of hiring workers.
Krasnov Viktor Alexandrovich, Soligorsk:
I am a Lead Electronic Engineer. Is the combination of professions considered - a leading electronic engineer and an electronic engineer of the first category; and a leading electronic engineer and head of the APCS bureau of the same service? Or is the Lead Electronics Engineer and Category 1 Electronics Engineer expanding service areas?
Valerian King:

It should be noted that in accordance with Article 67 of the Labor Code of the Republic of Belarus, combining is the performance by the same employer, along with his main job stipulated by the employment contract, additional work in another profession (position) or duties of a temporarily absent employee without exemption from his main job. work during the working day (work shift) established by law.

Thus, it is fundamental to perform work in another profession (position). In accordance with Article 1 of the Labor Code of the Republic of Belarus, a profession is a genus labor activity, which requires certain knowledge and skills acquired through training and practical experience, by position - the official position of an employee, due to the scope of his duties, official rights and the nature of responsibility.
Verbel T.I., Minsk:
Is it possible for the driver of a bus transporting students to combine the position of a worker comprehensive service buildings and premises and others in the amount of up to 100% of the absent worker?
Alexander Buglak:

Considering that the bus driver needs to combine the position of a worker for complex maintenance of buildings and premises while performing his main job, we believe that it should be a question of combining positions.
T.V. Migunova, Gomel:
Is it possible to make an additional payment for completing additional work for an existing vacancy? Example: an MTS engineer quit and I additionally do his job. How to make the correct additional payment for the additional amount of work performed?
Alexander Buglak:

As noted earlier, in accordance with Article 67 of the Labor Code of the Republic of Belarus, an additional payment is made for expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee.

It is also possible to conclude a part-time employment contract. Remuneration for part-time workers is made in proportion to the hours worked. When working part-time workers with time-wages are established standardized tasks, payment is made based on the final results for the amount of work actually performed.
Ermachenok Marina Alexandrovna, Minsk:
Can a young specialist (trainee teacher) work part-time internally for 0.5 grade?
Irina Slutskaya:

Restrictions on part-time work for employees who are young specialists are not established by labor legislation.
Verbel T.I., Minsk:
An employee of the accounting department of the education department has been working since 1986. Secondary special education. Specialty-commodity expert. In March 1990, the first category of accountant was assigned. With the release of the decree of the Ministry of Labor and Social Protection of 24.09.2010 No. 129 "On Amending the Decree of the Ministry of Labor of the Republic of Belarus of 21.01.2000 No. 6" is it legitimate to establish a premium for a category or cancel a category, since there is no higher professional education? The category was similarly assigned to other workers with secondary vocational education in 1990, 1997, 2003, 2006.
Vadim Brata:

This question does not apply to the stated topic of the online conference. For clarification on this issue, we recommend sending a written request.
Verbel T.I., Minsk:
The employee of the centralized accounting department has higher education with a degree in Accounting, Analysis and Audit. Awarded the qualification "Economist". Has been working as an accountant since February 2007. Does the organization have the right to assign II qualification category of an accountant.
Vadim Brata:

This question does not apply to the stated topic of the online conference. For clarification on this issue, we recommend sending a written request.
Ivanov Petr Sergeevich, Vitebsk:
Is it possible to increase the wage rate of an employee accepted for an internal part-time job (an employment contract has been drawn up) in accordance with Presidential Decree No. 29 of July 29, 1999? How should this be reflected in the LUPA?
Vadim Brata:

In accordance with the requirements under clause 2.5 of clause 2 of the Decree of the President of the Republic of Belarus dated July 26, 1999 No. 29, a contract concluded with an employee (including part-time jobs) must contain, as an additional measure to stimulate labor, an increase in the wage rate by no more than 50%. It follows from the question that an employment contract has been concluded with the employee, thus the indicated additional measure of labor incentives can be provided for by the terms of the concluded contract or in the LUPA.
Victor, Minsk:

Good day!

The head of the department is entrusted with the performance of the duties of the director by the superior organization. At the same time, the head of the department was not familiar with the order and did not give his consent and did not receive a warning. Question:

1. Is the assignment of responsibilities legal?

2. What is it: a combination of professions or temporary substitution?

3. How long can a vacancy be held?

Thank you.
Ivan Karchevsky:

The labor legislation does not provide for the combination of vacant positions. In this regard, if the position of the director of a lower organization is vacant, then the assignment of the duties of director to the head of a department of a higher organization, which is another legal entity, is not lawful. As for the combination of professions and temporary substitution, these terms can only be applied to employees of this organization, provided that they perform duties in another profession and (position) in the main work time along with their profession (position) or the duties of a temporarily absent employee with release from duties in their profession (position).
Lyudmila, Minsk:
After the main job, a nurse works within 0.5 of the rate of a nurse. Is this type of work part-time or work in excess of the established working hours?
Anatoly Sadovnichy:

This work as a nurse can be considered as part-time work only if the employer has concluded a separate employment contract for its performance. It should be borne in mind that Article 319 of the Labor Code establishes that the peculiarities of the work of medical workers are established by the Government of the Republic of Belarus. So, according to clause 1 of the Resolution of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533, payment for work on providing medical careperformed by medical workers in excess of the working hours established for them on the basis of the work schedule, is carried out for the actual hours worked: on regular days of the week in a single amount, on public holidays and holidaysestablished and declared non-working by the President of the Republic of Belarus, and on weekends - double. I.e this work is not overtime.
Alexander Korolev, Deputy Chairman of the NPG on Legal Issues and, Soligorsk:
Is it regulated by any regulatory document the percentage of workers paid for combining professions?
Alexander Buglak:

The amount of additional payments for combining professions (positions), expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee are established by the employer by agreement with the employee, and for budgetary organizations and other organizations receiving subsidies, whose employees are equal in remuneration to employees budgetary organizations - by the Government of the Republic of Belarus or its authorized body. So the terms of remuneration of employees of organizations financed from the budget were approved by Savmin's decree of December 31, 1999 No. 2070.
Maria, Novopolotsk:
Good day. Does the organization have the right to pay compensation for unused leave to external part-time workers?
Alexander Buglak:

In accordance with Article 349 of the Labor Code of the Republic of Belarus, other guarantees and compensations provided for by this Code, other legislative acts, collective agreements, agreements, other local regulatory legal acts are provided to part-time workers in full. Restrictions are established only in the payment of severance pay to part-time workers specified in Article 48 of the Labor Code of the Republic of Belarus.
Korneev Alexander Vitalievich, Minsk:
How to properly apply for a part-time job as an electronics engineer, if the department only needs him to repair equipment in the event of a breakdown? In order for him to receive his wages in the report card, it is necessary to put down 4 hours of work daily (or half of the monthly working time fund). In fact, an electronic engineer only works when the employer needs it.
Anatoly Sadovnichy:

In accordance with Article 343 of the Labor Code, part-time work is formalized in a separate employment contract, in which the employer, based on the needs of the organization, has the right to determine the working hours of this employee. The legislation establishes the maximum limit for the working time of a part-time worker (no more than half of the normal working time), but does not prevent the establishment of a shorter standard for the duration of working hours, as well as the choice of a specific working time regime. For example, the employer has the right to establish a summarized accounting of working hours, flexible working hours, etc.
Health care institution City clinical pathologist:

1. How is the additional payment established for the employee for combining professions (positions) without exemption from his main job? From what funds are these payments made and should they be provided for in the budget estimates of the institution?

2. How are bonuses paid to an employee who performs combining work without being released from his main job?
Vadim Brata:

In accordance with Article 67 of the Labor Code, employees who perform for the same employer, along with their main job, due to the labor contract, additional work in another profession (position) or duties of a temporarily absent employee without being released from their main job during the duration of the worker established by law day (work shift), an additional payment is made for combining professions (positions), expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee.

The amount of additional payments for combining is established by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies - by the Government of the Republic of Belarus or a body authorized by it. Bonuses for employees who perform combining work without being released from their main job are not regulated by the Labor Code and, as a rule, are regulated by local regulatory legal acts on wages in force with employers, which may stipulate the procedure and amount of bonuses, and other incentive payments for combining.
Yavchenko, Vitebsk:
Please explain if it is possible to issue an order int. Part-time job, if the work is performed in excess of the established working hours for the same employer for the same function (for example, an electrician for elevators. An employment contract has been concluded with an employee, a contract for the main job.
Alexander Buglak:

By virtue of Article 343 of the Labor Code, the employer must formalize both external and internal part-time employment with a separate employment contract. In accordance with Article 25 of the Labor Code, only after the conclusion of a written employment contract for part-time work should an order for employment be issued.
Elena, Minsk:
Is it obligatory to record the presence of another profession in the work book when combining professions? If - yes, then from what level of work.
Alexander Buglak:

In accordance with the Instruction on the procedure for maintaining work books of employees, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated 03/09/1998? 30 work book entered: information about the employee: surname, name, patronymic, date of birth, education, profession, specialty; information about the job: hiring, transfer to another permanent job, contracting, getting rid of; information about awards and incentives for success in work; information on training, advanced training and retraining; information on the appointment of a pension (clause 11). Making an entry in the work book when combining professions is not provided for by legislative acts.
Education department:
1. An employee of the centralized accounting department has a higher education in accounting, analysis and audit with the qualification of an Economist, has been working as an accountant in the department since February 2007. Question: Does the organization have the right to assign the second qualification category of an accountant? 2. Employee of the accounting department has been working since 1986, secondary specialized education, commodity specialist. In March 1990, the 1st qualification category of an accountant was assigned. With the release of the resolution of the Ministry of Labor and Social Protection of September 24, 2010, No. 129, is it lawful to establish a premium this employee for a category or cancel a previously assigned one, since he does not have a higher professional education? Similarly, the category was assigned to other workers with secondary specialized education in 1990, 1997, 2003, 2006. 3. Is it possible for the driver of the bus transporting students to combine the position of an integrated maintenance worker and other positions in the amount of 100% of the absent worker?
Irina Slutskaya:

The first and second questions are not related to the topic of the online conference.

When combining professions (positions), the employee, along with his main job, due to the labor agreement (contract), performs additional work in another profession (position).

According to Article 32 of the Labor Code, essential working conditions are the systems and amounts of remuneration, guarantees, working hours, category, name of profession, positions, establishment or cancellation of part-time work, combination of professions and other conditions established in accordance with the Labor Code.

A change in essential working conditions is possible only in connection with reasonable production, organizational or economic reasons that have arisen directly from the employer.

To establish or cancel the combination of professions (positions), the employer must notify the employee about the change in essential working conditions in writing not later than one month.

If the employee refuses to continue working with changed essential working conditions, the labor agreement (contract) is terminated under paragraph 5 of Art. 35 of the Labor Code.

However, the establishment of overlapping is also permissible by agreement of the parties to the employment contract (contract), i.e. with the consent of the employee.

The fulfillment of the duties of a temporarily absent employee without release from his work occurs when an employee who is absent due to vacation, illness and in other cases when he retains a place of work is replaced.

Labor Code (temporary translation due to production needs).

For workers, specialists and employees of organizations financed from the budget and using state subsidies, additional payments may be established for combining professions (positions), expanding the service area (increasing the volume of work performed) or fulfilling the duties of a temporarily absent employee within the wage fund in amounts up to the tariff the rate (salary) of an absent employee, depending on the amount of work performed (clause 2.5 of Appendix 1 to the Resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 "On measures to improve the conditions of remuneration of employees of organizations financed from the budget and using state subsidies") ...

Also, the mentioned decree provides for cases when the specified additional payments are not established.

Additional payments for work in the winter on the street are not provided for by law. This issue can be resolved independently in local regulatory legal acts on remuneration issues, as well as by introducing the relevant norms into collective agreements in force in organizations.
Angela, Minsk:
Does an employee with irregular working hours have the right to work part-time?
Ivan Karchevsky:

In accordance with the resolution of the Council of Ministers of the Republic of Belarus dated December 10, 2007 No. 1695, it is forbidden to establish the regime of irregular working hours for persons working part-time.
Oksana Kaminskaya, Guest residence: Brest:
Work for 1 rate of the state medical forensic expert in the department of general examinations and internal part-time work for 0.5 rates of the state medical forensic expert in the department of medical forensics. According to the results of certification in the department of general examinations and in the department of medical forensics, additional leave for work with harmful working conditions is 14 days. How long will the additional part-time leave in this example be and how long if the part-time job was done at 0.25 rate?
Ivan Karchevsky:

Consultation on working conditions is provided on condition that the work is completed during a full working day. The performance of work 0.5 and 0.25 percent of the working time does not provide for the establishment of compensation. THOSE. in your case, additional leave for work with harmful working conditions for the occupied positions is not allowed.
Olga, Minsk:
Do I need to conclude a separate health care contract for work in excess of the established working hours?
Valerian King:

It is necessary to conclude a separate employment contract only if there is a part-time job (Article 343 of the Labor Code). It should be borne in mind that Article 319 of the Labor Code establishes that the peculiarities of the work of medical workers are established by the Government of the Republic of Belarus. So, in accordance with paragraph 1 of the Resolution of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533, payment for work on the provision of medical care performed by medical workers in excess of the working hours established for them on the basis of the work schedule is carried out for the hours actually worked: on ordinary days of the week in single the amount, on public holidays and holidays, established and declared by the President of the Republic of Belarus as non-working, and on weekends - in double amount.
Tatiana, Slonim:
For the period when the chief mechanic is on labor leave, can his duties be performed by the head of the section (foreman) of the same structural unit, as well as for the period of the dispatcher's labor leave road transport can we entrust the performance of duties to the head of the section. And how, at the same time, pay for the combined positions.
Vadim Brata:

From the wording of the question, it is seen that we are talking about combining these positions by employees without releasing them from their main job. Labor legislation allows what type of overlapping of positions, under the conditions of proper registration of permission for such overlapping by the order of the employer, if the employees who combine the position are not substitutes for temporarily absent employees by position or according to their own job descriptions they are entrusted with such a combination. In this case, for combining positions in accordance with Article 67 of the Labor Code, additional payments are provided for combining, the amount of additional payments is set by the employer by agreement with the employee, and for organizations financed from the budget and using state subsidies - by the Government of the Republic of Belarus or an authorized body.
Makhortov Alexey Igorevich, Minsk:
The bankruptcy manager hired me under a contract. Every month I was signed by Acts of work. They promised to pay for labor after the sale of a specific object. He worked under the supervision of the Economic Court of Minsk. So I worked for 10 months. On November 4, 2010, this facility was arrested by the UDFR in the Minsk region as part of a criminal case. The object went under the UDFR. I was left without a 10 month salary, as was the bankruptcy manager. Here is the social protection of the population of the Republic of Belarus. I was completely unprotected and at the same time robbed by the servants of the Law!
Valerian King:

In accordance with Article 6 of the Labor Code of the Republic of Belarus, relations regarding the implementation of obligations arising on the basis of contracts provided for by civil law (work contracts) are not subject to the code. Disputes arising from such relations are subject to consideration in court at the place of registration of the customer, while citizens performing work under construction contracts are exempted from paying court costs when collecting the amounts due under the contract.
Alexandra, Minsk:
The main place of work is a cultural institution-assistant director, irregular working hours, education allows teaching activities, can I work at the school full-time part-time?
Irina Slutskaya:

According to Article 343 of the Labor Code of the Republic of Belarus, part-time employment is the performance by an employee in his free time from his main job of another permanently paid job for the same or another employer on the terms of a contract. The length of the working time established by the employer for part-time workers cannot exceed half of the normal working time established by Articles 111-114 of the Labor Code of the Republic of Belarus.

Elena Volchek, Minsk:
Is the employer obliged (at the request of the employee) to provide social leave to care for a child until he reaches the age of 3 years, if the employee is a full-time student of a higher educational institution and works within 0.5 of the rate in his free time, sick leave paid for maternity.
Irina Slutskaya:

The employer is obliged to provide a working woman, regardless of length of service and part-time work, leave to care for a child at the age of 3 years with the payment of a monthly state allowance for this period, the amount and conditions of payment of which are established by law.
Sergey Ivanovich, Brest:
He worked at the main job and part-time 4 hours a day in the second organization. I quit my main job. I presented a work record book to the second organization Please tell me, in the second organization I continue to be considered a part-time job or not?
Alexander Buglak:

Answer: In accordance with Article 343 of the Labor Code of the Republic of Belarus, the employment contract must necessarily indicate that work is part-time. For full-time employment (0.5, 0.25), a new employment contract must be concluded.
Matusevich Igor Alexandrovich, [email protected]:
My son Igor graduated from the BSU College of Law - a lawyer. Graduated from the law faculty of BSU - lawyer He has two law degrees. For six months he walks to offices and interviews. There is only one answer - no EXPERIENCE. Now he is digging trenches, hammering concrete. He is 22 years old. He is a reserve officer. And in front of him, only what we all have behind. In our state, inexperienced and certified lawyers are not needed!
Valerian King:

The right to recruitment belongs to the employer. When hiring an employer, the employer has the right to proceed from his needs for employees of a certain specialty or qualification, including making requirements for work experience in this specialty for candidates for a position. Thus, the employer, if the candidate does not have sufficient work experience in his opinion, the right to refuse an employee who does not belong to the category of workers defined in Article 16 of the Labor Code, with whom it is prohibited to unjustifiably refuse to conclude an employment contract. At the same time, an employee who has received a refusal to hire and considers it unjustified or discriminatory has the right to challenge it in court.
Svetlana L .:
The employer refuses to grant leave to a part-time employee at the same time as leave at the main place of work. What to do in this case? Is a part-time job eligible for family leave?
Ivan Karchevsky:

In accordance with Article 347 of the Labor Code, labor leave for part-time workers is provided simultaneously with labor leave for their main job. Accordingly, the refusal of a part-time employee to provide labor leave simultaneously with labor leave for the main job is a violation of labor legislation, for which the employer can be brought to administrative responsibility.

Svetlana L .:
As you know, a person can only work part-time part-time. However, the possibility of removing this limitation has been discussed recently. Are there any plans to make certain changes here.
Ivan Karchevsky:

The limitation of part-time work, established by Article 345 of the Labor Code, is aimed at protecting the interests of the employee, as well as ensuring his right to rest. The draft amendments to the TC do not provide for the abolition of this restriction.
Getsman S.N .:
1. Is it possible to work part-time for an employee in the same profession as at the main place of work (for the same employer, in the same structural unit): for example, a car (bus) driver to work as a car driver (truck loader), or a cleaner premises as a part-time cleaner? 2. Is it possible for an employee to work part-time for more than 0.5 of the rate for one employer, if at the main place of work for another employer he works for less than a rate? And is there a limit on total rates if an employee works for two or more employers (and can he work for more than two employers, for example, at a rate of one and 0.25 for two more)? Should an employer, when hiring an external part-time worker, require information on how many rates he works at his main place of work (and part-time with other employers)? 3. Is it possible for an employee hired for the period of absence (or vacancy) of the main employee (working for a rate) concurrently to set an additional payment for the expansion of the service area (increase in the volume of work) at 0.5 rates? 4. How to interpret Article 345 of the Labor Code of the Republic of Belarus about half of the normal working time for a part-time worker if he works at his main place of work, for example, at 0.75 rates as a room cleaner instead of a whole rate, and would like to work for another employer as a part-time cleaner ... Can it be issued for 0.75 stakes or only for no more than 0.5 stakes? 5. Can the Chief Accountant of a branch of a commercial organization with a state ownership of more than 50% carry out the work of a part-time accountant in the "parent" organization.
Alexander Buglak:

The answers to the questions set out in your appeal were given during an online conference on the topic: "On the procedure for organizing part-time work and combining professions."
Mikhail, Minsk:
1. How is the additional payment established for the employee for combining professions (positions) without exemption from his main job? From what funds are these payments made and should they be provided for in the budget estimates of the institution? 2. How are bonuses paid to an employee who performs combining work without being released from his main job?
Valerian King:

When combining professions (positions), the employee, along with his main job, due to the labor agreement (contract), performs additional work in another profession (position).

In accordance with article 63 of the Labor Code, the forms, systems and amounts of remuneration of employees, including additional payments of a stimulating and compensatory nature, are established by the employer on the basis of a collective agreement, agreement and labor contract.

Also, the mentioned decree provides for cases when the specified additional payments are not established.

Combining professions (positions), expanding the service area (increasing the volume of work performed), as well as fulfilling the duties of a temporarily absent employee is formalized by an order (order) of the employer indicating the combined profession (position) or absent employee, the amount of additional functions or work and the amount of additional payment.
Varvara, Minsk:
The employee has been working at the enterprise part-time at 0.5 rates on the terms of an employment contract (not a contract) since 2004, which states that the employee is paid a bonus for work experience in accordance with the Regulations. The Regulations on the procedure for calculating and paying personal allowances for work experience (Appendix to the Collective Agreement) establish a gradation of allowances depending on the time worked at the enterprise. It is understood that these types of allowances apply to basic employees. But the Regulation does not say that it applies only to key employees. There is only a phrase about the method of calculating the allowance: “Personal allowance for work experience is calculated based on official salary... The basis for calculating and calculating the personal allowance is the salary, taking into account the increase under the contract for the reporting month. " In the staffing table, there is no premium for part-time seniority. Is the seniority bonus a type of guarantee and / or compensation for workers? Is the company obliged to pay a seniority bonus for part-time employees on an equal basis with the main employees? Is the decision of the enterprise to establish an allowance for the length of service only for the main employees legitimate, and not for part-time employees working under an employment contract? Is it not contrary to Article 349 of the Labor Code to establish in the above-mentioned Regulation clarification that this Regulation does not apply to part-time workers?
Ivan Karchevsky:

The seniority premium refers to incentive payments. The procedure for these payments, in accordance with Article 63 of the Labor Code, is established by the employer in collective agreement, other local regulatory legal acts. That is, the employer has the right to determine the categories of workers to whom these payments are made.
Varvara, Minsk:
The company has two staff units: a human resources specialist and a legal adviser. The HR specialist will soon go on social leave (maternity and childcare). The performance of the duties of a human resources specialist is proposed to the legal adviser. How to arrange the alignment correctly? Is it enough to issue an order to assign the duties of a HR specialist to a legal adviser? Is it required to conclude an additional agreement to the contract with a legal adviser and what conditions should be specified there?
Ivan Karchevsky:

In accordance with Article 32 of the Labor Code, the combination of professions (positions) refers to a change in the essential working conditions of employees. The procedure for this change is defined in Article 32 of the Labor Code. An order is issued on the establishment of a combination, with which the employee gets acquainted with signature.
Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and is it necessary to agree to combine from the main employer?
Anatoly Sadovnichy:

In accordance with Article 343 of the Labor Code of the Republic of Belarus (hereinafter referred to as the TC), part-time employment is the performance by an employee in his free time from his main job of another permanently paid job at the same or at another employer under the terms of an employment contract. The employment contract must indicate that the job is part-time.

It is important that for a part-time job, the consent of the employer at the place of the main job is not required, except in cases provided for by legislative acts.

Article 348 of the Labor Code defines some restrictions on part-time work. For example, it is not allowed to work in state organizations on the basis of combining two leadership positions, except for the positions of foremen and foremen, unless otherwise provided by law.

It is forbidden to work part-time for persons under eighteen years of age, pregnant women, as well as in work with harmful working conditions, if the main work is associated with the same conditions.

In case of part-time jobs in state organizations, joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code).

The legislation of the Republic of Belarus also provides for other restrictions for part-time work, but there are no restrictions on the number of jobs.

In this regard, the employee has the right to work part-time in two or more organizations.
Valentina, Mogilev:
As you know, a person can only work part-time part-time. However, the possibility of removing this limitation has been discussed recently. Are there any plans to make certain changes here?
Ivan Karchevsky:

To date, no changes to this issue no.
Evgeniy, Minsk:
Is the employee obliged to inform the employer that he is taking another part-time job?

Anatoly Sadovnichy:

For a part-time job, the consent of the employer at the place of the main job is not required. The legislation of the Republic of Belarus does not provide for the obligation of an employee to notify the employer at the place of his main job that he is getting another job in combination.
Andy Viktorovich, Minsk:
Question. The company has two staff units: HR specialist and legal adviser. The HR specialist will soon go on social leave (maternity and childcare). The performance of the duties of a human resources specialist is proposed to the legal adviser. How to arrange the alignment correctly? Is it enough to issue an order to assign the duties of a HR specialist to a legal adviser? Is the conclusion of an additional agreement to the contract with a legal advisor required and what conditions should be stipulated there?
Ivan Karchevsky:

According to Art. 32 of the Labor Code of the Republic of Belarus In connection with justified production, organizational or economic reasons, the employer has the right, in the manner prescribed by this article, to change the essential working conditions of the employee while continuing to work in the same specialty, qualification or position specified in the employment contract. The imposition of a combination of professions is recognized as essential working conditions. The employer must notify the legal adviser about this no later than one month before the change of these conditions.

In the order on imposing the duties of the HR inspector on the legal adviser while the HR inspector is on parental leave until the child reaches the age of 3 years, a specific term for the performance of the duties of a legal adviser and the amount of additional payments for combining (performance of the duties of a temporarily absent employee ) in accordance with Art. 67 of the Labor Code of the Republic of Belarus of a personnel inspector.

Additional agreement in this case, in our opinion, it is not necessary to a contract with a legal adviser and what conditions should be stipulated there.
Petr Petrovich, Grodno:
1.Can an employee perform part-time work under two employment contracts in different structural divisions of one organization? 2. Is it obligatory to record the presence of another profession in the work book when combining professions? If - yes, from what level of work?
Anatoly Sadovnichy:

An employee can perform part-time work under two employment contracts in different structural divisions of one organization in his free time from the main job.

According to Art. 345 of the Labor Code of the Republic of Belarus, the duration of the working time established by the employer for part-time workers cannot exceed half of the normal working time established by law.

In accordance with the Instruction on the procedure for maintaining work books of employees, approved by the Resolution of the Ministry of Labor of the Republic of Belarus dated 09.03.1998 N 30, the following are entered in the work book: information about the employee: surname, name, patronymic, date of birth, education, profession, specialty; job management: hiring, transfer to another permanent job, contract conclusion, dismissal; information about awards and incentives for success in work; information on training, advanced training and retraining; information on the appointment of a pension (clause 11)

Recording of information about part-time work in the workbook is made by the employer at the request of the employee at the place of his main job on the basis of a document confirming the part-time work (a copy of the order of the employer for whom the employee works part-time) (clause 6).

Making an entry in the work book when combining professions is not provided for by legislative acts.
Ivan Sergeevich, Minsk region:
The employer refuses to grant leave to a part-time employee at the same time as leave at the main place of work. What to do in this case? Does a part-time worker have the right to leave for family reasons?
Ivan Karchevsky:

In accordance with Art. 168 of the Labor Code of the Republic of Belarus for part-time workers - labor leave is provided simultaneously with labor leave for the main job; for this, the part-time worker must provide a certificate (copy of the order) from the main place of work, on granting him labor leave. The employer is obliged to issue a part-time labor leave. According to article 190 of the Labor Code of the Republic of Belarus, short-term leave without pay for family and household reasons is granted by agreement between the employee and the employer.
Duvalova Yu.V., Mogilev region:
Please explain in what order (with the preparation of what documents) the continuation of labor relations with a part-time employee, hired temporarily for the period of absence of the main employee, after the dismissal of the main employee, if the main employee never went to work and was fired for absenteeism is formalized?
Anatoly Sadovnichy:

In accordance with Art. 55, the Labor Code of the Republic of Belarus, clause 15, to draw up changes in the conditions and termination of an employment contract with an employee by order (decree).
Shishko Vasily Sergeevich, Brest:
How is the additional payment made for combining the position of a freight forwarder with a car driver? Is it charged as a percentage of the wage rate of the freight forwarder or car driver? Is it possible to charge a surcharge at the discretion of the employer within the freight forwarder's salary?
Ivan Karchevsky:

In this case, the surcharge will be calculated based on the freight forwarder's salary.
Queen Olga, Polotsk:

How is it advisable to arrange a substitution for a period of temporary absence (vacation, temporary disability, business trip) of managers top level organizations (director, deputy director, chief Engineer, chief Accountant)? Is it possible to use the term "I.O." (acting)?

The procedure for organizing remuneration for combining professions (positions) and fulfilling the duties of temporarily absent workers is determined by Article 67 of the Labor Code. Is the following condition for establishing additional payments for combining professions fixed in any regulatory legal act - the presence of a unit in the combined profession in the staffing table of the organization.
Anatoly Sadovnichy:

The labor legislation does not contain any peculiarities of registration of a substitution for the period of absence of the organization's leaders (director, deputy director, chief accountant, chief engineer) in comparison with other employees. Consequently, the substitution is formalized by an order (decree) of the employer on the basis of a written application from the employee.

Thus, an additional payment for work when combining professions is made if there is a staff unit in the staffing table of the organization.
Valentina Olegovna, Minsk:

According to Article 347 of the Labor Code, part-time labor leave is provided simultaneously with labor leave for the main job.

If the employee has not worked at a part-time job for six months, then the labor leave is provided in advance.

If the duration of the leave of the employee at part-time work is less than the duration of the leave at the main place of work, the employer, at the request of the employee, provides him with social leave of the corresponding length without pay.

The part of a part-time employee's leave in excess of the leave for the main job, by agreement between the employee and the employer, can be replaced with monetary compensation.

Does this apply to external part-time work and what to do in a situation when the personnel department does not have information about the period of granting leave to the employee at the main place of work? If the employee refuses to go on vacation (because he works part-time 2 times a week for two hours), can he be paid compensation?
Ivan Karchevsky:

Article 347 of the Labor Code regulates the provision of labor leave to employees who work both internally and externally. If the employee refuses to provide the personnel department with information on granting labor leave at the main place of work, the employer must send a request for the time of granting labor leave at the employee's main place of work.

According to Article 173 of the Labor Code, if the labor leave is granted in compliance with the established procedure, but the employee refuses to use the vacation within a specified period of time without legal grounds, the employer has the right to refuse the employee to postpone the vacation and not pay monetary compensation for unused vacation, except for the cases provided for by part one of Article 179 of the Labor Code.

Compensation for a part-time worker is paid only if the length of leave at part-time work exceeds the length of leave at the main place of work, except for the cases provided for in the article, except for leaves provided in advance, to pregnant women, employees recognized as disabled, employees under eighteen years of age and employees for work in areas of radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant, as well as additional vacations for work with harmful and (or) dangerous working conditions and for the special nature of the work.
Mikhadyuk Viktor, Minsk:
Is it possible to combine three professions in different organizations, and is it necessary to agree to combine from the main employer?
Anatoly Sadovnichy:

It is important that for a part-time job, the consent of the employer at the place of the main job is not required, except in cases provided for by legislative acts.

It is forbidden to work part-time for persons under eighteen years of age, pregnant women, as well as in work with harmful working conditions, if the main work is associated with the same conditions.

In case of part-time jobs in state organizations, joint work of relatives associated with direct subordination and control is prohibited (Article 27 of the Labor Code).

The legislation of the Republic of Belarus also provides for other restrictions for part-time work, but there are no restrictions on the number of jobs.

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1. Who is a contract manager?

Contract manager — executiveresponsible for the implementation of a purchase or multiple purchases, including the execution of each contract.

The contract manager is appointed in the event that the total annual volume of purchases (abbreviated as SGOZ) of the Customer does not exceed 100 million rubles and the Customer does not have a contract service (part 2 of article 38 44-FZ).

One Customer can have several contract managers at the same time, responsible for separate sectors of procurement. So, for example, one contract manager can be engaged in the purchase of construction and repair work, the second is the purchase of food, the third is the purchase of equipment, etc. This position is reflected in paragraph 2 of the letter of the Ministry of Economic Development of Russia dated September 30, 2014 No. D28i-1889.

You can buy a book of a contract manager.

2. Contract service or contract manager?

Customers whose total annual purchases are \u003e 100 million rubles , create contract services (while the creation of a special structural unit is optional). In the event that the total annual volume of purchases of the Customer <= 100 млн. рублей and the Customer does not have a contract service, the Customer appoints a contract manager. Those. at SGOZ <= 100 млн. рублей Customer MUST appoint a contract manager or RIGHT create a contract service.

3. Duties of the contract manager under 44-FZ

According to Part 4 of Article 38 44-FZ, the duties of a contract manager include:

development, preparation of changes to be made to the procurement plan, placement in the procurement plan and changes made to it;

development, preparation of changes for making to the schedule, placement in the unified information system of the schedule and changes made to it;

preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, executors) by closed methods;

procurement, including the conclusion of contracts;

participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and preparation of materials for the performance of claim work;

organizing, if necessary, at the procurement planning stage, consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs;

other powers provided for by 44-FZ.

A detailed list of the functions and powers of the contract service (contract manager) is contained in Section II of the model provision (regulation) approved.

An important point! According to Part 3 of Article 38 44-FZ, the contract service operates in accordance with a provision (regulation) developed and approved on the basis of a standard provision (regulation) approved by the federal executive body for regulating the contractual system in the field of procurement. Article 38 44-FZ does not provide obligations of the Customer to develop and approve regulations for the contract manager.

4. Contract manager position requirements

According to Part 6 of Article 38 44-FZ, the contract manager must have a higher education or additional professional education in the field of procurement.

According to part 23 of article 112 44-FZ, until January 1, 2017, a contract manager can be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performing work, providing services for state and municipal needs (i.e. training according to 94-FZ).

5. Contract manager under 44-FZ: job description

The Customer has 3 possible options for the appointment of a contract manager:

Option number 1 - Hire a new employee for the position of a contract manager with the conclusion of an employment contract. Or you can hire an employee for a different position, but with similar responsibilities and authorities;

Option number 2 - Transfer a full-time employee to the position of a contract manager (or a similar position) with the conclusion of an agreement to change the terms of the employment contract;

Option number 3 - Agree with a full-time employee the possibility of combining positions according to the rules of article 60.2 of the Labor Code of the Russian Federation (in accordance with article 151 of the Labor Code of the Russian Federation, an additional payment is made to the employee, and appropriate changes are made to his job description).

The sequence of actions of the Customer when appointing a CU should be as follows:

introduction of a new position into the organization's staffing table;

development of the job description of the KU ( Note: As a rule, the job description consists of several sections - general provisions, job duties, rights and responsibilities);

issuance of an order for the appointment of a procurement officer (i.e. contract manager).

Also, part 2 of article 12 44-FZ established that the officials of the Customers are personally responsible for compliance with the requirements established by the legislation of the Russian Federation on the contractual system in the field of procurement.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ).

7. Contract manager: training and professional standard

According to part 1 of article 9 of 44-FZ, the contractual system in the field of procurement provides for the implementation of the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

Customers, specialized organizations should take measures to maintain and improve the qualifications and professional education of officials involved in the procurement sector, including through advanced training or professional retraining in the field of procurement in accordance with the legislation of the Russian Federation (part 2 of article 9 44 -FZ).

As I said earlier, before January 1, 2017, a contract manager can be a person who has professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs (part 23 of article 112 44-FZ).

In addition, a connection has been established between these standards with the EKS (Unified qualification reference book of positions of managers, specialists and other employees) and OKPDTR (All-Russian classifier of workers' professions, employee positions and wage categories).

The professional standard "Procurement Specialist" (qualification level 5 to 8) was developed for a group of positions:

Procurement Specialist;
Leading Specialist;
Contract service worker;
Contract manager;
Procurement Consultant;
Deputy Head of Division;
Department manager;
Head of the contract service;
Counselor;
Leader.

The professional standard "Procurement Expert" (qualification level 6 to 8) was developed for a group of positions:

Procurement Consultant;
Senior Procurement Specialist;
Procurement Expert;
Deputy head / director (department, department, organization);
Head / director (department, department, organization);
Contract manager;
Head of the contract service.

In line with professional standards specialist in the field of procurement must have:

Secondary vocational education;
Additional professional education - professional development programs and professional retraining programs in the field of procurement;

A expert should have:

Higher education - specialty, master's degree;
Additional vocational education - training programs / or professional retraining programs in the field of procurement.

For the second group of positions (ie “Procurement Expert”), it is mandatory not only to have the appropriate education, but also to have work experience - at least 5 years in the field of procurement, including in leadership positions at least 3 years .

8. Search for a vacancy of a contract manager

I am often asked - "Where can I find a vacancy for a contract manager?" In fact, finding a contract manager job is easy. To get started, I recommend that you look at the most popular online job search sites:

www.hh.ru (HeadHunter);
www.superjob.ru (SuperJob);
www.rabota.ru (Rabota);
www.job.ru (Job);
www.avito.ru (Avito).

In addition, you can go to the sites of administrations or sites of state (municipal) Customers, where sometimes there are advertisements for the search for procurement specialists.

Sometimes such ads are posted on or in thematic groups and communities in social networks.

Go through all these resources, I am sure that you will be able to find a suitable vacancy for yourself.

This concludes my article. I hope that the above material was useful to you. I wish you good luck and see you in the next issues.

P.S .: Like and share links to the article with your friends and colleagues on social networks.

The drafting of the order for the appointment of a contract manager mainly takes place at the unitary enterprises of the public sector. The peculiarity of these organizations is that they have the right to conduct commercial activities, but at the same time do not have their own property, and in order to carry out various kinds of purchases, they need to have a contract service or, in the absence of such, a contract manager. This norm is established in Federal Law 44-FZ.

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Tasks of the contract manager

The main function of the contract manager is to carry out purchases for the needs of the enterprise in a full cycle, from the selection of a supplier of goods or a contractor to the analysis of the event.

Thus, in essence, his responsibilities include elements of strategic management, making the most important decisions, and calculating the consequences.
In fact, all responsibility for procurement, including the use of funds, rests with this employee.

That is why, in order to reduce the burden on the contract manager, the management of some enterprises authorizes him to act in conjunction with the company's lawyer, who provides legal support for transactions carried out within the framework of procurement activities.
This allows you to reduce all kinds of risks, minimize fines and other sanctions from the regulatory authorities.

A competent contract manager can bring an enterprise to a qualitatively higher level of development, to a large extent contribute to an increase in labor productivity and competitiveness of the organization.

The procedure for appointing a contract manager

The procedure for appointing a contract manager begins with a study of the law.
The head of the organization then determines whether it is necessary to create an entire contract department or whether one person as a contract manager will be enough.

If the second option is adopted, a corresponding order is created at the enterprise for the appointment of a particular employee as a contract manager, a job description is developed, which prescribes the functions, rights, powers and working conditions of this specialist.
Thus, the responsibilities of a whole structural unit are assigned to him. It is clear that such a scenario is possible only in cases of a relatively small amount of procurement work.

The law even spelled out a specific figure - today the total amount of purchases should not exceed one hundred million rublesotherwise, it is necessary to form a contract service, which should include several employees.

Whom to appoint

A contract manager can be any employee of an enterprise who has the necessary knowledge of organizing procurement (higher or special additional education in this area), as well as at least minimal skills in such work.

In some cases, outsiders are appointed as contract managers, but large organizations still try to keep such a specialist on the staff.

Contract managers are obliged to improve their qualifications and undergo professional internships at regular intervals.

Who writes the order

An employee of the organization who has the skills to write administrative documentation can directly draw up an order for the appointment of a contract manager: a legal adviser, a secretary, a specialist in the HR department, etc. However, after drawing up the order, in any case, must be presented to the director for approval.

This document will not enter into legal force without the signature of the head.

Basis for order

Any order issued at the enterprise must have some kind of basis. Here, Federal Law 44-FZ acts as such, which establishes the norms for the appointment, education, activity, and other parameters of the contract manager. It is this law that must be referred to in the order.

How to draw up an order

Today this document does not have a standard template that is mandatory for use, so representatives of enterprises can write it in any form or according to a template established within the institution.

However, at the same time, there is a number of information that must be indicated in the order so that in the future it would be impossible to challenge its legality:

number, place and date of preparation of the document,
name of company,
basis for creating an order,
information about the person appointed to the position of contract manager,
indicate the need to draw up a job description,
approve the person responsible for the execution of the order: this can be either the head of the company himself or one of the subordinates (usually the head of the personnel department or deputy director).

How to issue an order

There is only one important condition: the document must be certified with the signature of the head of the company. Also, the persons responsible for its performance and the contract manager himself must leave their autographs in it.

There is no need to stamp the order with a seal, since since 2016 legal entities have been exempted from the need to use stamp products in their work.

After the release of the order

This document is the basis for making the appropriate entries in the employee's personal file and his work book, which is within the competence of a specialist in the personnel department, as well as for calculating wages in the established amount, which is the function of an accountant.

How and how much to store a document

During the entire validity period, the order must be kept together with other administrative documents of the enterprise in a separate folder in a place with limited access. After the document is no longer relevant, it must be transferred to the archive of the organization, where it must be kept for the period indicated in the company's internal local acts or established by law (but not less than three years), then it can be disposed of.

31.03.2018

To appoint a contract manager, it is necessary to issue an order, its form is not defined by law 44-fz, therefore it can be drawn up in free form.

There may be several such persons, you can appoint a person responsible for carrying out one, several or all purchases. The total number of such persons is determined by the customer himself, depending on his needs, this is stated in Article 38 of Law 44-FZ.

A contract manager is a person who controls the execution of contracts, monitors the purchase of goods, and ensures their acceptance. It is convenient to appoint this person according to the types of purchased values \u200b\u200b(services, works). In doing so, it is recommended to select a suitable employee who has a sufficient level of knowledge to perform his duties in the assigned role in the best possible way.

As a manager, the customer should select an official who meets the specific requirements for the level of education set out in the legislation.

Since 01.01.2017, the requirements for the level of education of contract managers have changed due to the next edition of 44-FZ.

Requirements
Until 01.01.2017	After 01.01.2017

How to issue an order (according to law 44-fz)

One order can appoint one or several managers, each should be assigned responsibilities, define the scope of their responsibilities, and coordinate the process of their interaction.

The legislation does not establish a standard order form, it is recommended to draw up an arbitrary written form, drawn up on paper and certified by the signature of the head of the customer. It is recommended to include the following data in the order:

general standard details - information about the customer's company, the name of the document, its number, place and date of issue;
title;
the reason for issuing the order is to ensure the provisions of Part 2 of Article 38 of Federal Law 44-FZ;
Name and position of the person who is appointed by the contract manager to carry out the procurement (procurement) during the period (time period);
the moment the order enters into force;
validity period of the order;
the signature of the manager and the contract manager (the first approves the document, the second gets acquainted with it).

If there is a seal, it should be signed by the head.

Download sample

Sample order for the appointment of a contract manager -

Useful video

See the video for the appointment features:

The order for the appointment of a contract manager is a document that confirms that a specific employee has been appointed to this position. Note that it can be occupied by any employee of the organization who has the necessary knowledge in the field of bidding (higher or special additional education in this area).

There are several types of such a document:

local act on the determination of the person responsible for one trading procedure (in this case, it is necessary to indicate the specific purchase in question);
order of appointment for all procedures.

Let's figure out if an order for a contract manager is required. An employee can be appointed to this position in any way that is provided for by labor legislation. If it is a question of combining positions, then a local act is issued on the imposition of appropriate duties on him (and there is no need to create a separate local act on the appointment of a manager).

If the employee who is responsible for holding tenders is not documented, then the head of the organization will bear it.

As follows from the provisions of 44-FZ, this local act is drawn up in any form in writing. In this case, you must specify the following information:

surname, name, patronymic and position of the employee who is involved in the performance of duties;
an indication of the purchase, for the implementation of which he is responsible (if we are talking about the implementation of all tenders, then it is necessary to refer to this fact);
terms of implementation of certain actions (for example, development of procurement documentation or placement of a notice of the ongoing procedure in the EIS).

Such local acts of the organization are drawn up by an authorized person (for example, a personnel officer or assistant manager), and this document is approved by the head of the organization.

It should be borne in mind that, from the point of view of labor legislation, the labor function of an employee when appointed to the position in question is expanding, so the employer needs to amend the job description and employment contract (which, we note, cannot be done without the employee's consent).

If the customer plans to involve several employees in the procurement, then the appointment order must indicate for which tenders each of them is responsible (for example, for the procurement of software, computer equipment and components, or tenders related to food and medicines and drugs).

municipal budgetary educational institution "Pavlovsk secondary school"

On the appointment of a person responsible for procurement (contract manager)

In order to organize the activities of MBOU "Pavlovskaya Secondary School" in the implementation of purchases for their own needs, in accordance with Article 38 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state municipal needs" I ORDER: 1.

Appoint Elena Sergeevna Gerasimova, a computer science teacher, in charge of procurement (contract manager), including the execution of each contract, at the Pavlovskaya Secondary School 2. To assign the computer science teacher ES Gerasimova, responsible for procurement (contract manager), the following functions and powers: 2.

1 Development of a procurement plan, preparation of changes to be made to the procurement plan, placement in the unified procurement information system and making changes to it. 2.2 Development of a schedule, implementation of preparation of changes for making to the schedule, placement in a single information system of the schedule plan and changes made to it. 2.

3 Preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways. 2.4 Ensuring the implementation of procurement, including the conclusion of contracts. 2.

5 Participation in consideration of cases on appeal of the results of identification of suppliers (contractors, performers) and preparation of materials for the performance of claim work. 2.6 Organization, if necessary, at the procurement planning stage, of consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of a specific environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet municipal needs. 2.

7 Exercise of other powers stipulated by the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs." 3. To assign to the teacher of informatics Gerasimova ES, who is responsible for the procurement (contract manager), personal responsibility within the scope of his powers. 4. I reserve control over the execution of this order.

"Asking for advice is the greatest trust one person can give to another."

In the event that the customer does not have a contract service and if the total volume of purchases per year does not exceed 100 million rubles, the customer appoints an official responsible for the implementation of the purchase or several purchases, including the execution of each contract - the contract manager.

The contract manager must have a higher education or additional professional education in the field of procurement (before 01.01.2017, a contract manager may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performance of work, provision of services for state and municipal needs.)

An appointment document is necessary to streamline and systematize all procurement activities of the customer. There are two types of it.

The first is for a separate purchase or a separate area of \u200b\u200borders. For example, responsible for the purchase of a car with an initial contract price of 1 million rubles, or for the purchase of all medical consumables in the 1st half of 2018. One customer can have several contract managers at the same time, each of whom is responsible for a separate procurement sector.

The second - for all orders of the organization. That is, when one specialist controls all procurement activities and is responsible for it.

The expediency of such a division is determined by the customer. In this case, it is necessary to be guided by the specifics of the organization's activities, as well as the frequency of the procurement procedures. In any of the two cases, it must be remembered that the document must be drawn up well in advance of the planned date of the order, taking into account the time it will take for its planning, as well as the preparation of the notice and the rest of the documentation.

To appoint a contract manager, it is necessary to issue an order, its form is not defined by law 44-fz, therefore it can be drawn up in free form.

As a manager, the customer should select an official who meets the specific requirements for the level of education set out in the legislation.

Since 01.01.2017, the requirements for the level of education of contract managers have changed due to the next edition of 44-FZ.

Requirements
	After 01.01.2017

The basis for creating a contract service and hiring a manager for the head of the organization is FZ-44.

Several scenarios are assumed:

The head of the institution accepts a new employee for the position of a contract manager, with whom an appropriate employment contract is concluded. It is possible to hire a person to another position, but the actual responsibilities of the employee will be to organize and maintain procurement.
The head of the institution appoints a person from the existing staff to the position of the contract manager. At the same time, the employment contract is reissued with the introduction of new job duties.
The head of the institution appoints a contract manager from his own state, but concurrently. In this case, changes are made to the employment contract, and an additional payment is made for the performance of new duties. In this case, the employee performs the previous functions on the existing conditions.

After the employee is accepted for a new position, an appropriate order is issued on the appointment and introduction of the person into the course of the matter.

After taking office as a contract manager, the employee has corresponding responsibilities based on FZ-44, as well as according to the Labor Code of the Russian Federation, Article 232, in case of non-compliance with which certain penalties are provided.

Article 232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract

In addition, there is also administrative responsibility, since the job description of the contract manager provides for material responsibility to the head and the entire municipal organization.

Features of the job description of a contract manager

What should a contract manager do? The list of its functions is given in the law. These include the following:

Formation, modification and publication planning documents.
Preparation of notices and procurement documentation, as well as invitations to closed procedures.
Participation in the procedure, including the conclusion of a contract.
Consulting suppliers and contractors.
Participation in disputes related to procurement, supplier identification.

Requirements for employees who are responsible for public procurement are contained in the order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n. The specialist must have knowledge and experience in the field of procurement. He must know not only law 44-FZ, but also be familiar with civil, budgetary and other codes and laws. The specialist must be able to draw up documents and evaluate applications, know the intricacies of procurement planning and work with electronic platforms.

The job description of the contract manager is an internal document of the customer, which defines the requirements for him, his duties and rights. It shows what exactly is included in the manager's area of \u200b\u200bresponsibility and what powers are given to him.

The instruction is divided into several sections - their contents are presented in the following table. And at the end of the article is a sample job description of a contract manager.

Section	Content
General Provisions	The procedure for appointment and dismissal, general information about the position and requirements for the employee who is hired for it
Functions	General specialist functions
Duties	Actions taken by the manager
The rights	The scope of a specialist's rights
A responsibility	Measures to be applied in case of violations
Final provisions	References to professional standards, the procedure for making changes to the job description

Sample Job Description, page 1

Sample Job Description, page 2

Sample Job Description, page 3

Sample job description, ending

1. To appoint the chief consultant of the legal department K.A. Penkov, responsible for procurement (contract manager), including the execution of each contract, in the construction department of the Krasnodar Territory (hereinafter also referred to as the Department).

(as amended by the Order of the Department of Construction of the Krasnodar Territory of 28.03.2018 N 54)

2.1. Development of a procurement plan, implementation of preparation of changes for making a procurement plan, placement in a unified information system of the procurement plan and changes made to it.

2.2. Development of a schedule, implementation of preparation of changes for making a schedule, placement in a single information system of the schedule and changes made to it.

2.3. Preparation and placement in a unified information system of notices of procurement, procurement documentation and draft contracts, preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) in closed ways.

2.4. Ensuring the implementation of procurement, including the conclusion of government contracts.

2.5. Participation in the consideration of cases on appealing the results of determining suppliers (contractors, performers) and preparation of materials for the performance of claim work.

2.6. Organization, if necessary, at the procurement planning stage, of consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the respective markets for goods, works, services, determine the best technologies and other solutions to meet state needs.

2.7. Exercise of other powers stipulated by the Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", including in terms of rationing in the field of procurement and participation in departmental control.

3. To assign to the chief consultant of the legal department K.A. Penkov personal responsibility within the limits of the exercised powers.

4. To approve the regulation on the contract manager of the department in accordance with the annex to this order.

5. To recognize as invalid the order of the Department of Construction of the Krasnodar Territory of 15.02.2016 N 49 "On contract service of the Department of Construction of the Krasnodar Territory".

Appendix N 1 to the Regulations on contract service

In the event of cases that are not regulated by this distribution of functions and official powers, the decision to endow a particular person of the contract service with a certain function or authority is made by the head of the contract service.

1. Develops a procurement plan.

2. Organizes, if necessary, consultations with suppliers (contractors, performers) and participates in such consultations in order to determine the state of the competitive environment in the respective markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs (with the involvement of responsible on request).

3. Prepares changes for the procurement plan.

4. Organizes the approval of the procurement plan.

5. Places in the unified information system in the field of procurement (hereinafter referred to as the unified information system) the procurement plan and the changes made to it.

6. Develops a schedule.

7. Carries out justification of purchases.

8. Prepares changes for making to the schedule.

9. Organizes the approval of the schedule.

10. Places in a single information system the schedule and the changes made to it.

11. Carries out the justification of the initial (maximum) price of the contract, and also clarifies, within the framework of the justification of the initial (maximum) price, the price of the contract concluded with a single supplier (contractor, performer).

12. Organizes public discussion of purchases.

13. Prepares an application for procurement in accordance with the Procedure of work approved by the Department for Regulation of the Contract System in the Procurement of the Voronezh Region (order dated 04.03.2014 N 67 o / n).

14. When carrying out the procedure for identifying suppliers at the received requests of the procurement participants for the provision of clarifications of the provisions of the procurement documentation in relation to the procurement object, technical tasks (specifications), justifications for the initial (maximum) contract price (lot price), contract execution conditions, prepares and sends the authorized body responding to the request of the procurement participant within the prescribed period in accordance with the order of work of the authorized body and customers.

15. Ensures procurement from small businesses, socially oriented non-profit organizations, establishes a requirement to involve subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract.

16. Ensures that institutions and enterprises of the penitentiary system, organizations of disabled persons are provided with advantages in relation to the contract price they offer.

17. Compiles a report on the volume of purchases from small businesses, socially oriented non-profit organizations.

1. Organizes the conclusion of a contract based on the results of the supplier identification procedure.

2. Places information about concluded contracts in a unified information system in the manner prescribed by the legislation of the Russian Federation.

3. Organizes the conclusion of an agreement (contract) with a single supplier (contractor, performer) in the cases provided for by the Law.

4. Organizes the approval of the use of closed methods for identifying suppliers (contractors, performers) in the manner prescribed by the federal executive body for regulating the contract system in the field of procurement, in accordance with part 3 of Article 84 of the Law on the contract system.

5. Ensures that the necessary documents are sent to conclude a contract with a single supplier (contractor, performer) based on the results of failed supplier identification procedures in the cases established by the Law on the Contract System to the relevant authorities specified in paragraph 25 of Part 1 of Article 93 of the Law on the Contract System.

6. Substantiates in a documented report the impossibility or inexpediency of using other methods of determining the supplier (contractor, executor).

7. Provides the procedure for inclusion in the register of unscrupulous suppliers (contractors, performers) of information about procurement participants who evaded the conclusion of contracts, as well as information about the supplier (contractor, performer) with whom the contract was terminated by a court decision or in connection with the unilateral refusal of the customer from the execution of the contract.

8. Interacts with the supplier (contractor, performer) when changing, terminating the contract, applies measures of responsibility, including sending to the supplier (contractor, performer) a demand for payment of penalties (fines, penalties) in case of delay in the supplier's (contractor's, performer's) obligations (including the warranty obligation) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, takes other actions in case of violation by the supplier (contractor, performer) of the terms of the contract.

9. Participates in the consideration of cases on appealing the results of determining suppliers (contractors, executors).

10. takes part in the approval of requirements for certain types of goods, works, services purchased by the Customer (including the marginal prices of goods, works, services) and (or) standard costs to ensure the functions of the Customer.

11. Participates in the consideration of cases on appeal against actions (inaction) of the Customer, including appeal against the results of identifying suppliers (contractors, performers), and prepares materials for the implementation of claims work.

Arbitrage practice

Here is an interesting example from judicial practice, which will answer the question: can a state institution purchase the services of a contract manager without taking him to the state?

The customer purchased services in the area of \u200b\u200b4 public procurement and supply of the Federal State Institution "Administration of the Northern Sea Route". Simply put, the procurement of the services of a contract manager was carried out. As stated in the terms of reference, the customer empowers the contractor's specialist with the powers of a contract manager by issuing an appropriate order.

The participant sent a complaint to the Moscow OFAS. The antimonopoly body refused to satisfy it, not finding in the actions of the customer violations of the requirements of the Law on the contractual system in the field of procurement. The participant went to court.

The court recalled that only an employee of the customer can be a contract manager and an employee of the contract service. This is confirmed by the legal position of the Ministry of Economic Development and Trade in a letter dated 10.11.2016 No. D28i-2996, as well as the Ministry of Finance in a letter dated 07.11.2017 No. 24-01-09 / 73185. As follows from the terms of reference for the provision of services, the contractor assigns at least one specialist to the customer.

At the same time, neither 44-FZ nor the Budget Code allow the possibility of taking actions for the targeted use of funds by someone other than the customer. Thus, contrary to the conclusions of the antimonopoly authority, only an employee of the customer can be a contract manager. Inclusion in the tender documents of provisions that do not meet the requirements of the articles of the Law on the Contract System is in itself an action that restricts competition.

It is curious that the first two courts, to which the participant applied, supported the OFAS and dismissed the claims. However, the appeal did not agree with them. The courts literally understood part 1 of Article 40 of Law No. 44-FZ, which implies the need for the customer to select a specialized organization by holding a tender or auction.

As a result, by the Decree of the Arbitration Court of the Moscow District of 25.05.2018 in case No. А40-142271 / 2017, the decisions of the lower courts were canceled. The decision of the Office of the Federal Antimonopoly Service for the city of Moscow was declared invalid.

Application. REGULATION ON THE CONTRACT MANAGER OF THE CONSTRUCTION DEPARTMENT OF THE KRASNODAR REGION

1. To approve standard documents for the creation of a contractual service of a customer by approving a permanent staff of employees in accordance with Appendix No. 1.

2. To approve the Model Regulation (regulation) on contract service by creating a separate structural unit in accordance with Appendix No. 2.

3. To approve the standard documents on the contract manager in accordance with Appendix No. 3.

5. I reserve control over the execution of this order.

Acting Head of Department V.Ya. Ryzhikh

Appendix N 1

to order

regulatory department

procurement contract system

Voronezh region

from 11.04.2014 N 73 o / n

____________ ___________

Voronezh

1. Create a contract service in order to ensure the planning and implementation of purchases of goods, works, services for state needs from the "date" of the year.

2. To appoint the head of the contract service "title of position and full name"

3. To approve the provision (regulation) on the contract service "customer name" (Appendix No. 1).

4. To approve the permanent composition of the contract service without the formation of a separate structural unit (Appendix No. 2).

5. To amend the labor contracts of employees who have become part of the contract service by concluding additional agreements to labor contracts in connection with the change (expansion) of their labor function, before the "date" of the year.

Responsible person: full name

6. Notify the employees who are part of the contract service about the introduction of appropriate changes in their job responsibilities.

7. I reserve the control over the execution of this order on and / or ________________________.

Head Full name

Appendix No. 1 to the order "name of the customer" dated _____________ N _____

APPROVED

Leader

"Customer name"

________________________

signature

"___" __________ 20__

customer name

I. General provisions

1.1. This Regulation on the contract service (hereinafter referred to as the Regulation) establishes the rules for organizing the activities of the contract service "name of the customer" (hereinafter referred to as the Customer) when planning and carrying out purchases of goods, works, services to meet state needs.

Everything that is not provided for by the terms of this Regulation is determined by the norms of the legislation of the Russian Federation, acts of the authorized body of the Voronezh region to determine suppliers (contractors, performers) (hereinafter referred to as the authorized body), local regulations of the Customer. In the event of a change in the legislation of the Russian Federation, the adoption by the authorized body of acts canceling or changing the norms regulated by this Regulation, or changes in the local regulations of the Customer, this Regulation is valid in the part that does not contradict them.

1.2. The contract service is created in order to ensure the planning and implementation by the Customer of purchases of goods, works, services for state needs (hereinafter referred to as procurement).

1.3. The contract service in its activities is guided by the Constitution of the Russian Federation, civil legislation, budgetary legislation of the Russian Federation, Federal Law of April 5, 2013 N 44-FZ "On the contract system in the procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law on the contract system), other regulatory legal acts, this Regulation.

1.4. The contract service is created without the formation of a separate division, headed by one of the Deputy Heads of the Customer.

The structure and size of the contract service is determined and approved by the head of the Customer.

economic department;

accounting;

legal department;

information department.

The distribution of functions and official powers of persons who are part of the contract service is determined by this Regulation (Appendix No. 1 to this Regulation).

The interaction of the contract service with other structural divisions of the Customer is determined by these Regulations (Appendix No. 2 to these Regulations).

Appointment and dismissal of an employee of the contract service is allowed only by decision of the head of the Customer or the person performing his duties.

1.5. Officials of the contract service must have a higher education or additional professional education in the field of procurement (before January 1, 2017, an official of the contract service may be a person who has a professional education or additional professional education in the field of placing orders for the supply of goods, performing work, providing services for state and municipal needs).

1.6. The officials of the contract service cannot be individuals who are personally interested in the results of the determination of suppliers (contractors, performers). If an official of the contract service arises circumstances that may lead to a personal interest in the results of determining suppliers (contractors, performers), such a person is obliged to inform the head of the Customer about this in writing in order to exclude him from the contract service.

1.7. In the event that the persons specified in clause 1.6 of these Regulations are identified as part of the contract service, the head of the Customer immediately releases these officials from their duties and assigns them to another official who meets the requirements of the Law on the Contract System and these Regulations.

professionalism - attracting qualified specialists with theoretical and practical knowledge and skills in the field of procurement in order to carry out their activities on a professional basis;

openness and transparency - free and free access to information about the actions performed by the contract service aimed at meeting state needs, including the methods of procurement and their results;

efficiency and effectiveness - the conclusion of state contracts on conditions that ensure the most effective achievement of the specified results of meeting state and municipal needs.

procurement planning (effective from 01.01.2015);

organization at the procurement planning stage of consultations with suppliers (contractors, performers) and participation in such consultations in order to determine the state of the competitive environment in the relevant markets for goods, works, services, determine the best technologies and other solutions to meet state and municipal needs (comes into force from 01/01/2015);

justification for purchases (comes into force on 01.01.2015);

justification of the initial (maximum) contract price;

mandatory public discussion of procurement;

organizational and technical support of the procurement commissions;

involvement of experts, expert organizations;

preparation and placement in a unified information system in the field of procurement (hereinafter referred to as a unified information system) notifications on the implementation of the procurement, procurement documentation, draft contracts;

preparation and sending of invitations to participate in the determination of suppliers (contractors, performers) by closed methods;

consideration of bank guarantees and organization of the payment of monetary amounts under a bank guarantee;

organization of the conclusion of the contract;

organization of acceptance of the delivered goods, the work performed (its results), the services rendered, as well as individual stages of the delivery of goods, the performance of work, the provision of services (hereinafter referred to as a separate stage of the execution of the contract), provided for by the contract, including the examination of the delivered goods, results of work performed, services rendered, as well as individual stages of contract execution, ensuring the creation of an acceptance committee;

organization of payment for the delivered goods, work performed (its results), services rendered, individual stages of contract execution;

interaction with the supplier (contractor, performer) in case of changes, termination of the contract;

organization of inclusion in the register of unscrupulous suppliers (contractors, performers) of information about the supplier (contractor, performer);

sending to the supplier (contractor, performer) a claim for payment of penalties (fines, penalties);

participation in the consideration of cases on appeal of actions (inaction) of the Customer and preparation of materials for the performance of claim work.

a) develops a procurement plan, prepares changes to be made to the procurement plan, places the procurement plan and the changes made to it in the unified information system;

b) publishes procurement plans on the Customer's websites in the information and telecommunications network Internet (if any), and also publishes in any print media in accordance with part 10 of article 17 of the Law on the contract system;

c) ensures the preparation of a procurement justification when forming a procurement plan;

d) develops a schedule, prepares changes to be made to the schedule, places the schedule and the changes made to it in a single information system;

e) organizes the approval of the procurement plan, schedule;

f) determines and substantiates the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer) when forming a procurement schedule;

Contract manager under 44-FZ: job description, responsibility, duties

According to part 5 of article 38 44-FZ, the contract manager is responsible within the scope of his powers. In the job description of the CU, the job duties and responsibility for their failure must be prescribed without fail.

The contract manager is liable under labor law (Article 232 of the Labor Code of the Russian Federation) for non-fulfillment or improper fulfillment of the official duties provided for by the job description and causing material damage to the employer.

Also, the CU bears administrative, criminal and civil liability for offenses committed in the course of carrying out its activities. Contract managers who have committed administrative offenses provided for by Articles 7.29-7.32 of the Administrative Code of the Russian Federation, Part 7, Part 7.1 of Article 19.5 of the Administrative Code of the Russian Federation, Article 19.7.2 of the Administrative Code of the Russian Federation, bear administrative responsibility as officials.

For more information on the responsibility of officials and legal entities for violation of 44-FZ, as well as the amount of fines for these violations, please click here.

Persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts on the contractual system in the field of procurement bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation (part 1 of article 107 44-FZ).

Federal legislation contains many provisions that regulate the work in such a position. The main law is 44-FZ.

Basically, in accordance with it, the work of the contract manager is going on.

The 44-FZ contract manager is an authorized person who is responsible for the execution of purchases, including the execution of the contract.

This position appears when the total annual purchases of the customer are not more than 100 million rubles, and there is also no contract service.

The provisions of Part 4 of Article 38 44-FZ describe what a contract manager must do, whose duties are as follows:

Develop a procurement plan, prepare changes to be made to this plan, place the plan in a unified information system, and make changes to the plan.
Develop a schedule, prepare changes for it, make a schedule in the EIS, make changes to the schedule.
Prepare and place in the EIS notifications on the execution of purchases, procurement documents, prepare and send invitations to participate in the selection of suppliers in a closed way.
Make purchases and conclude contracts.
Participate in the consideration of cases concerning the appeal of the results of the selection of suppliers and prepare material for the performance of the claim-claim work.
Organize consultations with suppliers, if required by the case, take part in such consultations to identify the competitive environment, identify the best technologies, and resolve issues related to ensuring public needs. This work should be carried out at the procurement planning stage.
Perform other duties that are provided for by 44-FZ.

Requirements

Federal law does not contain specific requirements for an employee applying for the position of "contract manager" to improve their qualifications. But nevertheless, according to Article 39 44-FZ, only those persons who have undergone professional training or have certain skills can enter the commission of the customer.

Federal law defines the requirements for those employees who want to become contract managers. Firstly, the employee must have a higher education, and secondly, a document confirming the availability of additional education in the procurement area.

There is also such a thing as professional standards according to 44-FZ. The law made a decision not to use the concept of "advanced training" in everyday life. There is professional training and retraining.

Why not professional development? The first concept is aimed at updating existing skills and increasing professionalism within the framework of existing education.

The second concept is aimed at obtaining a new qualification, that is, the employee will be retrained.

The law established deadlines until January 1, 2017 so that all employees in the position of a contract manager undergo retraining and meet the stated requirements.

A contract manager under 44-FZ is an employee who has the following documents:

certificate of advanced training: for those employees who received training at seminars with a time of 72-100 hours;
certificate of professional development: for those who studied for more than 100 hours;
retraining diploma: for those who have studied for over 1000 hours.

Professional standards

Based on part 1 of article 9 44-FZ, employers must ensure their activities and the activities of a contract manager on a professional basis. Therefore, the customer is obliged to give the position of "contract manager" only to those employees who have the necessary skills and knowledge related to the procurement area.

In addition, such a specialist has the right, while working, to improve the level of professional training, knowledge of procurement activities, skills corresponding to the position held, as well as the level of qualifications in the field of public procurement.

An employee who decides to undergo retraining must undergo contract manager training. Training can take place both internally and in absentia. Distance learning courses are very popular now. This form of training assumes continuous learning from the work itself. These courses consist of theoretical and practical parts.

The contract manager can be a new employee, an employee who was transferred to this position by order, or an employee who combines this position with the main one.

The legislation does not contain any notes on what exactly the position of the contract manager should contain and what it should generally be. Therefore, the manager can independently choose a document that will regulate the work of the contract manager, where the duties and rights of the employee are prescribed.

You can specify the job obligations in the employment contract or in the annex to it, but in this case they must be drawn up in accordance with the professional standards of the contract manager.

Sometimes this option is not entirely convenient for implementation, so the management of the organization may draw up a document not specifically for the employee, but for the position as a whole. There is no specific sample of what the job description of a contract manager should look like. Therefore, each organization where there is a similar position can create its own unified form.

There is one nuance that must be taken into account and the employee who intends to take the specified position must be notified about it.

The instruction of the contract manager under 44-FZ must contain information that the employee is responsible before the law and may be fined or administratively punished for failure to fulfill his duties or for abuse of his powers.

A responsibility

Taking into account the provision of part 5 of article 38 44-FZ, the responsibility of the contract manager is within the scope of the duties that he performs. The instructions must clearly describe the duties of the employee in this position and the responsibility he bears for failure to fulfill these duties.

The employee is liable in accordance with the Labor Code of the Russian Federation for non-fulfillment or neglect of his official duties provided for in the instructions, as well as for causing material harm to the employer.

It is legally established that contract managers can be individually responsible for complying with the requirements set out in the procurement contract system law. Persons who violate the requirements of the law and regulations can be punished, up to criminal.

Penalties

As mentioned above, a contract manager under 44-FZ, whose job description assumes responsibility, must be attentive to his work. Penalties for non-performance or abuse of one's duties include:

Administrative penalty. The amount of fines is determined by the Code of Administrative Offenses of the Russian Federation.
Disciplinary action.
Criminal penalty.

Appointment

When appointing a contract manager, the customer must adhere to the following algorithm:

a new position is introduced into the current staffing table of the organization;
the job description of the contract manager is drawn up;
an order is issued to appoint a contract manager in this organization.

Currently, a lot of programs are being created that are aimed at helping in making managerial decisions. Automation in public procurement is becoming more and more popular.

Dedicated programs monitor, schedule, notify vendors, and do much more. But machines will not replace human labor soon. Even though the program does most of the work, the employee must double-check all the information. But, nevertheless, automation significantly reduces work time and labor costs.

According to the more than once mentioned 44-FZ, the defining moment in the creation of a contract service is the total annual volume of public procurement in accordance with the schedule.

7. Contract manager: training and professional standard

According to part 1 of article 9 of 44-FZ, the contractual system in the field of procurement provides for the implementation of the activities of the Customer, a specialized organization and a control body in the field of procurement on a professional basis with the involvement of qualified specialists with theoretical knowledge and skills in the field of procurement.

As I said earlier, before January 1, 2017, a contract manager can be a person who has a vocational education or additional vocational education in the field of placing orders for the supply of goods, performing work, providing services for state and municipal needs (part 23 of article 112 44-FZ).

Order of the Ministry of Education and Science of Russia No. 499 of July 1, 2013 "On Approval of the Procedure for Organizing and Implementing Educational Activities for Additional Professional Programs" established that the minimum allowable period for mastering advanced training programs cannot be less than 16 hours, and the period for mastering professional retraining programs - less 250 hours.

Professional training of contract managers is carried out in a specialized educational institution (higher and secondary specialized). Training can take place both full-time and part-time. Refresher courses can also be taken there. As a rule, such programs include both theoretical and practical classes.

At present, distance learning courses are becoming very popular. In modern conditions, when an employee has no opportunity to break away from work, distance courses are the most optimal solution. A person will be required to have free time, a computer and Internet access.

Since July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for employers to apply professional standards have been in effect. By order of the Ministry of Labor of Russia dated September 10, 2015 No. 625n, the professional standard “Procurement Specialist” was approved. And by order of the Ministry of Labor of Russia dated September 10, 2015 No. 626n, the professional standard “Expert in the field of procurement” was approved.

Procurement Specialist;
Leading Specialist;
Contract service worker;
Contract manager;
Procurement Consultant;
Deputy Head of Division;
Department manager;
Head of the contract service;
Counselor;
Leader.

Procurement Consultant;
Senior Procurement Specialist;
Procurement Expert;
Deputy head / director (department, department, organization);
Head / director (department, department, organization);
Contract manager;
Head of the contract service.

Professional standards require a procurement professional to have:

Secondary vocational education;
Additional professional education - professional development programs and professional retraining programs in the field of procurement;

And an expert must have:

Higher education - specialty, master's degree;
Additional vocational education - training programs / or professional retraining programs in the field of procurement.

For the second group of positions (ie “Expert in the field of procurement”), it is mandatory not only to have the appropriate education, but also to have at least 5 years of work experience in the field of procurement, including at least 3 managerial positions years.

Basic concepts

In the course of its activities, the special service carries out a full cycle of public procurement, starting from its planning, conducting procurement procedures and ending with the acceptance of goods, work or services, payment under the contract, and, if necessary, carrying out claims work with the counterparty.

A contract manager under 44-FZ is an official of the customer who is responsible for the implementation of one or more public procurements, including the execution of each contract.

IMPORTANT! From January 1, 2017, the contract manager must have a higher education or additional professional education in the field of procurement. Previously, professional or additional professional education was sufficient. Thus, the legislator has tightened the requirements for the professional level of the employee responsible for procurement in the organization.

The decision on the choice between these two options is made by the customer based on the data on the total annual volume of purchases (hereinafter referred to as the AGOZ). If it does not exceed one hundred million rubles, then the customer appoints a contract manager. If it exceeds, then a special service is created in the organization on the basis of a standard regulation approved by order of the Ministry of Economic Development of October 29, 2013 No. 631.

Job responsibilities should be stated in the instructions. For convenience, the customer has the right to develop and approve a regulation on such a position and specify the functions and powers in more detail.

IMPORTANT! Only a full-time employee of the organization should be a contract manager (letter of the Ministry of Economic Development dated November 10, 2016 No. D28i-2996).

Tasks of the contract manager

Thus, in essence, his responsibilities include elements of strategic management, making the most important decisions, calculating the consequences. In fact, all responsibility for procurement, including the use of funds, rests with this employee.

That is why, in order to reduce the burden on the contract manager, the management of some enterprises authorizes him to act in conjunction with the company's lawyer, who provides legal support for transactions carried out within the framework of procurement activities. ...

How to issue an order (according to law 44-fz)

One order can appoint one or several managers, each should be assigned responsibilities, define the scope of their responsibilities, and coordinate the process of their interaction.

general standard details - information about the customer's company, the name of the document, its number, place and date of issue;
title;
the reason for issuing the order is to ensure the provisions of Part 2 of Article 38 of Federal Law 44-FZ;
Name and position of the person who is appointed by the contract manager to carry out the procurement (procurement) during the period (time period);
the moment the order enters into force;
validity period of the order;
the signature of the manager and the contract manager (the first approves the document, the second gets acquainted with it).

If there is a seal, it should be signed by the head.

Sample order for the appointment of a contract manager -

Sample order for the appointment of a bankruptcy commissioner under 44 FZ. Contract manager: job description. Features of the job description of a contract manager

1. Who is a contract manager?

2. Contract service or contract manager?

3. Duties of the contract manager under 44-FZ

4. Contract manager position requirements

5. Contract manager under 44-FZ: job description

The sequence of actions of the Customer when appointing a CU should be as follows:

7. Contract manager: training and professional standard

The professional standard "Procurement Specialist" (qualification level 5 to 8) was developed for a group of positions:

The professional standard "Procurement Expert" (qualification level 6 to 8) was developed for a group of positions:

8. Search for a vacancy of a contract manager

Tasks of the contract manager

The procedure for appointing a contract manager

Whom to appoint

Who writes the order

Basis for order

How to draw up an order

How to issue an order

After the release of the order

How and how much to store a document

How to issue an order (according to law 44-fz)

Download sample

Useful video

Features of the job description of a contract manager

Arbitrage practice

Application. REGULATION ON THE CONTRACT MANAGER OF THE CONSTRUCTION DEPARTMENT OF THE KRASNODAR REGION

I. General provisions

Contract manager under 44-FZ: job description, responsibility, duties

Requirements

Professional standards

A responsibility

Penalties

Appointment

7. Contract manager: training and professional standard

Basic concepts

Tasks of the contract manager

How to issue an order (according to law 44-fz)

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