Standardization of labor for a contract manager. Contract manager is a sought-after profession of the 21st century. What does the position of contract manager sound like according to etc.

Contract manager since January 1, 2017has the right to carry out labor activities if they meet new educational requirements. At the same time, it is necessary to understand when the introduction of his position is required, and when the law does not oblige to hire such an employee.

Contract service and manager according to laws No. 44-FZ, No. 223-FZ

In the sphere of providing state and municipal needs through procurement necessary for the activities of public bodies or other structures, there are more mandatory rules than in trade relations between citizens and organizations. So, in accordance with Art. 38 of the Law “On the Contract System...” dated 04/05/2013 No. 44-FZ, state and municipal bodies or government agencies carrying out procurement, acting as customers, are obliged to create a special service or transfer to an official the functions of creating a plan and procurement schedule , drawing up and publishing notices and invitations, making purchases, etc.

There are 2 possible solutions to this issue:

1. If there is a large amount of funds allocated to meet the needs of public bodies, a contract service is created. As the basis for its activities, the customer is based on the standard regulations, approved. by order of the Ministry of Economic Development dated October 29, 2013 No. 631, develops its own regulations or regulations on the activities of the structural unit.
2. If the amount of costs for the year does not reach 100 million rubles, and the specified service has not been created and is not planned, the customer can transfer its powers and functions to an official - a contract manager.

At the same time, as the Ministry of Economic Development explained in paragraph 2 of the appendix to the letter “On sending responses...” dated September 30, 2014 No. D28i-1889, the number of managers is not limited. The customer is not prohibited from appointing 2, 3 or more persons as contract managers without combining them into a single service, however, each of such employees must meet the established requirements for appointment.

IMPORTANT!CAccording to the provisions of the law “On the procurement of goods...” dated July 18, 2011 No. 223-FZ, for large acquisitions by individual organizations, for example, autonomous institutions, state corporations, etc., neither a service nor a manager is required, although there is a ban on their activities in this case the law also does not contain.

Don't know your rights?

How to name the position in the context of the qualification directory - contract manager or procurement specialist?

When introducing the position of manager, difficulties may arise with its correct name. Thus, in accordance with the response of the Ministry of Economic Development (clause 2 of the appendix to letter No. D28i-1889), the functions of a contract manager are assigned to the employee in the manner prescribed by the Labor Code. The assignment of additional functions to an employee that constitute the work of a contract manager can be qualified as a change in the current provisions of the employment contract (Article 72 of the Labor Code). It is usually formalized by an additional agreement, while the worker’s position is called as before.

The issue of introducing a separate manager position is more complicated. Since the customer is public authorities or state-owned enterprises, then under Art. 144 of the Labor Code for remuneration, the provisions of unified tariff and qualification reference books for work or managerial positions, and professional standards are taken into account. As of the end of 2017, the manager’s professional standard is still in the process of development (this was also indicated by the Ministry of Economic Development in paragraph 4 of the appendix to letter No. D28i-1889). At the same time, by order of the Ministry of Labor dated September 10, 2015 No. 625n, the standard of a specialist in the field of procurement for public needs was approved, and by order of the same department dated September 10, 2015 No. 626n, an expert in this field was approved.

Both standards specify that a worker performing procurement or consulting functions may be referred to as:

• procurement specialist/consultant;
• contract workers;
• contract manager.

Accordingly, when introducing a separate position, the choice of name remains at the discretion of the customer. Registration for work is carried out by concluding a new employment contract with the employee.

What are the requirements for a manager in 2017-2018?

Any person cannot be appointed as a contract manager. The transfer of functions to an employee will be legal only if he (all of the following conditions must be met simultaneously):

1. Included in the number of employees of the customer organization (letter of the Ministry of Economic Development “On persons who may be ..." dated January 31, 2014 No. OG-D28-834).
2. Received additional professional or higher education in the field of procurement. This requirement has been applied since 2017 in accordance with Art. 38 and 112 of Law No. 44-FZ, previously professional or additional professional education was sufficient.
3. Does not allow a conflict of interest, i.e. does not have a close relationship with the supplier, beneficiary or other counterparty (clause 3 of the review of judicial practice, approved by the Presidium of the Armed Forces of the Russian Federation on September 28, 2016).

Let's summarize. To purchase goods, receive services or perform work in order to meet the needs of the state or municipality, on the basis of Law No. 44-FZ, a special service is created or its powers are transferred to one or more employees. Transfer in this case is possible only in relation to those workers who meet the established criteria, that is, they have the required level of education, work for the customer and act exclusively in his interests.

Answer to the question:

According to the Resolution of the Administration of Dudinka, Taimyrsky Dolgano-Nenets Municipal District of the Krasnoyarsk Territory dated May 18, 2012 N 29 (as amended on June 29, 2016) “On approval of the Model Regulations on the remuneration of employees of municipal budgetary and government institutions subordinate to the Committee of Culture, Youth Policy and Sports Administration of the City of Dudinka" (together with the "List of positions, professions of employees of institutions classified as core personnel by type of economic activity"), the minimum salaries (official salaries), wage rates for general industry positions of managers, specialists and employees are established on the basis of the classification of occupied their positions to the qualification levels of the PKG, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n “On approval of professional qualification groups of industry-wide positions of managers, specialists and employees”:

first level"

1 qualification level 2597 rubles;

2 qualification level 2739 rubles;

positions assigned to the PCG "General industry positions of employees

second level"

1 qualification level 2882 rubles;

2 qualification level 3167 rubles;

3 qualification level 3480 rubles;

4 qualification level 4392 rubles;

5 qualification level 4961 rubles;

positions assigned to the PCG "General industry positions of employees

third level"

1 qualification level 3167 rubles;

2 qualification level 3480 rubles;

3 qualification level 3820 rubles;

4 qualification level 4592 rubles;

5 qualification level 5361 rubles;

positions assigned to the PCG "General industry positions of employees

fourth level"

1 qualification level 5762 rubles;

2 qualification level 6675 rubles;

3 qualification level 7188 rubles.

Important information about Probation period for contract workers you will find in the material here.

The list of positions of managers, specialists and employees classified as professional qualification groups of industry-wide positions of managers, specialists and employees is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 29, 2008 N 247n “On approval of professional qualification groups of industry-wide positions of managers, specialists and employees."

According to the professional standard, the position of a contract manager falls into the “specialists” category.

The qualification levels for the positions of specialists and employees are presented, but the position in question does not exist (there is only a purchasing agent, but this is a position of employees, not specialists). We believe that this is a gap in the legislation.

Details in the materials of the Personnel System:

1. Directory:List of lists of professional qualification groups

Lists of positions (professions)	Document that approves the list
Industry-wide positions of managers, specialists and employees
General industry occupations of workers
Positions (professions) of employees of institutions of the penal system
Positions of employees performing work on fisheries and conservation of aquatic biological resources
Positions of employees of cultural and educational institutions of the Russian Ministry of Defense
Positions of heads of structural divisions and employees of archival institutions of the Russian Ministry of Defense
Positions of heads of structural divisions and specialists of editorial offices of newspapers and magazines of the Russian Ministry of Defense
Positions (professions) of employees of television, radio broadcasting and film distribution of the Russian Ministry of Defense
Positions of employees of the studio of military artists named after M.B. Grekov and the Military Art Studio of Writers of the Russian Ministry of Defense
Positions of managers, specialists and employees of institutions and military units of the Russian Ministry of Defense
Forestry Officer Positions
Air transport positions
Inland water transport staff positions
Maritime Transport Officer Positions
Positions of specialists and heads of structural units of the auxiliary fleet, hydrographic service, search and rescue operations department of the Russian Navy
Positions (professions) of command and enlisted personnel of the crews of support vessels of the Russian Navy
Educational Officer Positions
Positions of employees of higher and additional professional education
Positions of physical education and sports employees
Positions of employees performing search and rescue work for aircraft crews and passengers
Positions of paramilitary and sentry guards
Positions of employees of state natural reserves and national parks
Positions of geology and subsoil exploration employees
Research and development positions
Positions of hydrometeorological service employees
Agricultural Officer Positions
Positions of employees of the state material reserve
Positions of employees carrying out assay supervision
Positions of employees carrying out production activities of the Gokhran of Russia
Positions of departmental security officers of the Ministry of Finance of Russia
Print Media Job Titles
Positions of television (radio) employees
Health and social services positions
Positions of medical and pharmaceutical workers
Positions of employees of culture, art and cinematography
Professions of workers in culture, art and cinematography
Positions of employees of state archives, document storage centers, archives of municipalities, departments, organizations, laboratories for ensuring the safety of archival documents
Positions of civilian personnel of state maritime inspections, groups of patrol vessels (boats) and crew members of patrol vessels (boats) exercising state control in the field of protection of marine biological resources
Positions of employees carrying out activities in the field of civil defense, protection of the population and territories from natural and man-made emergencies, ensuring fire safety and safety of people on water bodies

The provisions of the order of the Ministry of Health and Social Development of Russia dated August 6, 2007 No. 526 regarding the assignment of positions of medical specialists to qualification groups are clarified.

Prohibited documents in the personnel department
Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.

If you pay vacation pay a day late, the company will be fined 50,000 rubles. Reduce the notice period for layoffs by at least a day - the court will reinstate the employee at work. We have studied judicial practice and prepared safe recommendations for you.

What salary can be set for a contract manager at a school in the staffing table, based on what calculation?

Answer

This issue is not regulated at the federal level. Calculation of the salary of a contract manager at a school is within the competence of the employer.

Rationale

<…>Standard costs for the provision of state (municipal) services are approved in the manner established by the state authority of the constituent entity of the Russian Federation, in compliance with the general requirements determined by the Ministry of Education and Science of Russia.<…>

It is possible that the institution is subject to the Decree of the Government of the Chelyabinsk Region dated September 11, 2008 “On the introduction of new systems of remuneration for employees of regional budgetary, autonomous and state institutions and public authorities of the Chelyabinsk region, whose remuneration is currently carried out on the basis of the Unified Tariff Schedule for remuneration of employees of regional government institutions,” we recommend checking with the founder. At the same time, this legal act does not provide for the position of a contract manager at a school.

Please note that the salary of a contract manager at a school should not be lower than the minimum wage ().

Federal Law of the Russian Federation dated 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" requires state and municipal customers with an annual procurement volume of more than 100 million rubles to organize a special contract service .

Without a contract service, procurement cannot be carried out. Customers with smaller volumes of purchases can organize a contract service of several people or limit themselves to appointing one contract manager .

The chief manager of budgetary funds may recommend to subordinate budgetary institutions the form of organization of contract service.

Let's consider options for organizing a contract service for the customer.

Contract service as a structural unit

A structural unit is a dedicated management body in an approved organizational structure with independent tasks, functions and responsibility for the implementation of the tasks and functions assigned to it. The number of units is determined by the staffing table.

To create a unit you will have to work on the following documents:

• It is necessary to make changes to the organizational structure, personnel and staffing of the institution, and issue an order with approximately the following content: Create a contract service department in the institution as of January 1, 2017. Establish the number of staff of the department for 2017 - 5 job units, including: head of the contract service department - 1 person, ...
• Approve contract service regulations (about the contract service department) in accordance with the standard .
• Develop job descriptions
• Hire the necessary specialists (conclude employment contracts).

The structural unit may not be indicated in employee employment contracts. The Labor Code does not oblige the employment contract to specify the place of work down to the structural unit. This information can be enshrined in the employment contract as an additional condition at the request of the parties (Part 3 of Article 57 of the Labor Code of the Russian Federation). The condition for employment in a particular department must be reflected in the hiring order issued on the basis of the employment contract and indicated in the employee’s work book.

Contract service without the formation of a special structural unit

In this case, it will not be the provision on contract service that will be approved, but regulations - the work procedure for procurement specialists, their powers and responsibilities, the procedure for approving documents, i.e. algorithm of work and interaction of all those involved in procurement activities. The regulations are a description of the entire procurement process, division of functions, sequence of actions, coordination (who contacts whom and for what reason), approval and deadlines for each stage. Job descriptions are prescribed based on the regulations.

You can enter into the staffing table several positions without creating a special structural unit.

Procurement specialists may also perform other functions and be in different departments– accounting, legal service, departments for which procurement is carried out – or report directly to the head of the institution.

Position of contract manager

There will be a similar workflow (in this order):

• Introducing a new position, creating a new staffing table or making changes to an existing one
• Job description (introduced by order of the manager)
• Employment contract.

If the institution already has employees experienced in procurement, the functions of a contract manager can be offered to them. An employee may be assigned to perform work as a contract manager:

• By combining positions when an employee, along with his main work stipulated by the employment contract, performs additional work in another profession (position). Article 151 of the Labor Code establishes that the amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract.

• By transferring to a new position. In this option, you need to prepare a proposal for transfer to the position of contract manager, then issue a transfer order. Taking into account that the employee’s job function and the terms of the employment contract are changing, the additional agreement should provide for a new version of the employment contract.

Staffing and professional standards

The staffing table is a document reflecting the structure and staff of the institution. It contains information about all structural divisions, salaries, personal allowances, the total number and payroll of the institution. Establishing the structure of an institution, staffing table, and distribution of job responsibilities fall within the competence of the institution itself (for example, for educational institutions this is established by paragraph 9 of part 2 of Article 32 of the Law of the Russian Federation “On Education”). On the one hand, the head of a budgetary institution formally has independence in choosing an organizational structure and drawing up a staffing table, on the other hand, this choice is limited by the amount of funds allocated from the budget (payroll fund), number of rates in a typical staffing table(departmental staffing standards).

On July 1, 2016, the provisions of Article 195.3 of the Labor Code of the Russian Federation on the procedure for the application of professional standards by employers came into force. 2 professional standards in the field of procurement have been approved: "Procurement Specialist" And "Procurement Expert". A connection has been established between these standards and the Unified Qualification Directory of Positions of Managers, Specialists and Other Employees) and OKPDTR (All-Russian Classifier of Worker Occupations, Employee Positions and Tariff Classes).

The qualification characteristics contained in professional standards are mandatory for use if the relevant qualification requirements are legally established. In the part not related to qualifications, professional standards are advisory in nature and can be used to develop job descriptions, conduct certification and establish a remuneration system.
The professional standard “Procurement Specialist” (qualification level from 5 to 8) was developed for a group of positions:

• Procurement Specialist
• Leading Specialist
• Contract worker
• Contract manager
• Purchasing Consultant
• Deputy Head of Division
• Head of department
• Advisor
• Supervisor

Professional standard “Expert in procurement” (qualification level from 6 to 8) – for a group of positions:

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

Are these really necessary? job titles include in the staffing table? The Labor Code gives the answer: yes. If there are restrictions on certain positions, then the names of these positions and qualification requirements for them must correspond to the names and requirements specified in qualification reference books and professional standards (Article 57). Restrictions include, among other things, qualification restrictions.
Qualification restrictions are established by Federal Law No. 44-FZ (Article 38 Part 6): contract service employees and contract managers must have higher education or additional professional education in the field of procurement.
In accordance with professional standards, a procurement specialist must have:

• Secondary vocational education
• Additional professional education - advanced training programs and professional retraining programs in the field of procurement;

And the expert:

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

For this second group of positions, it is mandatory not only to have proper education, but also work experience - at least five years in the procurement field, including at least three years in management positions.

After issuing an order to introduce a new position, draw up a job description in which you outline all the employee’s responsibilities in accordance with 44-FZ. As a result, you will be able to hire a new employee for a position or transfer an employee who is already working in your organization from another position to it.

Irina Kozlova