Елена Самтынова
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Правительственным законопроектом о внесении изменений в Трудовой кодекс планируется ввести новые положения об особенностях заключения и расторжения трудовых договоров с руководителями государственных и муниципальных вузов и научных организаций (их филиалов). В частности, поправками предлагается1 предусмотреть:
заключение трудовых договоров на замещение должностей руководителей вузов и научных организаций на срок до пяти лет;установление предельного возраста 70 лет для нахождения в должностях руководителей вузов и научных организаций, их заместителей, а также руководителей филиалов, независимо от срока действия трудового договора. После достижения 70 лет данные лица с их согласия могут быть переведены на иные должности, соответствующие их квалификации. Продление срока пребывания руководителей в должности после обозначенного возрастного предела возможно в случаях, предусмотренных федеральными законами (например, ч. 5 ст. 2 Федерального закона от 10 ноября 2009 г. № 259-ФЗ «О Московском государственном университете имени М.В.Ломоносова и Санкт-Петербургском государственном университете»);невозможность замещения одними и теми же лицами должностей руководителя вуза или научной организации более трех сроков, если иное не предусмотрено федеральными законами.
При этом относительно сроков трудовых договоров, заключенных с заместителями руководителей, руководителями филиалов вузов и научных организаций, оговорено, что они не должны превышать сроки полномочий руководителей указанных организаций.
Тем самым, действующий сегодня порядок (ч. 12-15 ст. 332 и ст. 336.2 Трудового кодекса РФ), не предъявляющий требования к сроку, на который подлежит заключению трудовой договор с руководителями вузов и научных организаций, но устанавливающий предельный срок нахождения в должностях указанного звена (65 лет), может быть изменен. Существующая же норма о возможности продления учредителем по представлению ученого совета университета, общего собрания (конференции) работников научной организации срока нахождения в должности ректора университета или руководителя научной организации по достижении ими 70 лет (ч. 13 ст. 332, ч. 2 ст. 336.2 Трудового кодекса РФ), по мнению авторов законопроекта, создает неопределенность в управлении университетом или научной организацией.
Ввести в действие новые требования закона, в случае его принятия, планируется с 1 июля текущего года. Как следует из переходных положений, первым из трех возможных сроков замещения должностей руководителей вуза и научной организации будет являться срок нахождения в должности, на который они назначены или избраны, на день вступления указанных изменений в законную силу. Если же трудовые договоры были заключены на неопределенный срок, то со дня вступления в силу закона такие трудовые договоры будут считаться заключенными на пять лет.
В пояснительной записке к законопроекту отмечается, что введение особых правил связано со спецификой работы в указанных должностях. Соответствующие ограничения направлены на противодействие коррупции, а также на рост мотивации лиц, назначенных на эти должности.
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1 С текстом законопроекта № 898369-7 «О внесении изменений в Трудовой кодекс Российской Федерации в части установления предельного возраста для замещения должностей руководителей, заместителей руководителей государственных и муниципальных образовательных организаций высшего образования и научных организаций и руководителей их филиалов» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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