Today, a job description is an optional document, but employers, as a rule, continue to draw it up. The reason for this is that such a document somewhat simplifies the understanding of the responsibilities of a specific staff unit, and also simplifies the relationship between employer and employee. In conflict situations, the instructions help to prove that one of the parties is right. In the article we will look at how, if necessary, to make changes to the instructions, as well as how to draw up an order to make changes to the job description.
Obligations to notify an employee about changes to the job description
If the job description is in the form of an annex to the employment contract, then changes are made by an additional agreement to this contract. If it has the format of a separate document, then either a special document is prepared with a list of changes, or a new job description is simply issued.
The concept of job description is applied to an internal document of an organizational and administrative nature, which indicates the specific job responsibilities of an employee and the corresponding qualification requirements.
Normative base
The Labor Code of the Russian Federation does not contain direct mention of the mandatory preparation of job descriptions for each vacancy, but, nevertheless, there are links to the mentioned document.
Article 15 of the Labor Code of the Russian Federation states that a worker can be entrusted with the range of responsibilities that are enshrined in the agreement between the employee and management, developed on the basis of local acts.
Also, similar norms are contained in Article 56 of the Labor Code of the Russian Federation, which implies the imputation of certain tasks only within the framework of an agreement drawn up taking into account not only regulations, but also documents approved by the enterprise.
At the same time, the Letter of Rostrud dated October 31, 2007 N 4412-6 states that due to the fact that the procedure for drawing up a job description is not defined by law, the specified document is created according to the rules defined by the company’s local regulations.
In particular, instructions can be issued in two ways:
- as an annex to the main cooperation agreement;
- as a separate document.
Naturally, depending on which path the enterprise took when drawing up the mentioned document, the procedure for making changes will also depend, which can be carried out in the first case, taking into account the norms of Article 72 of the Labor Code of the Russian Federation, and in the second, on the basis of local acts of the company.
Sample notice of change in job description sample
Taking into account the specifics of individual industries, qualification characteristics and requirements inherent to positions and work in the relevant sectors of the economy have been developed. Give one copy to the employee, keep the other for yourself. Local level local regulations of the employer. · Internal labor regulations; · Collective agreement Personnel regulations and others; · Staffing; · Regulations on the structural unit; · Orders on the division of powers between the heads of the organization; · Regulations on job descriptions. In this case, the qualifications of the employee and his state of health must be taken into account. For a sample of the corresponding proposal, see. The position determines the content, scope of duties and powers of the employee replacing it - the employee. And for certain categories of workers, civil and municipal employees, it is one of the significant documents on the basis of which professional official activities are carried out. Let's take a closer look at some of the requirements for the design of job description details. Let us clarify this formulation. If the employee agrees, the deadline for completing additional work determined by the parties is not mandatory. In this matter, an extreme is possible: some personnel workers, showing excessive zeal, update job descriptions annually.
When approving a document by an official, the stamp of approval of the document must consist of the word APPROVED without quotation marks. the title of the position of the person approving the document, his signature, initials, surname and date of approval. When developing a job description, as a rule, the main attention is paid to its content, which is, of course, important. Based on the practice of organizations, it can be argued that draft job descriptions can be developed by the following persons: · a specialist in the personnel management service or the human resources department; · head of the relevant structural unit; · by the employee himself together with his immediate supervisor. The requirements for the required work experience are increased by 2 - 3 years compared to those provided for specialists of the first qualification category. Section 2 - “Must know” contains the basic requirements for the employee in relation to: - special knowledge; — knowledge of legislative acts, regulations, instructions, other guidelines and normative documents; — methods and means that an employee must be able to use when performing job duties. If several employees occupy the same positions and perform the same duties, then it is enough to draw up a single job description for everyone and familiarize each employee with it. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent. Signed by the head of a structural unit or a specialist developer.
Features of document development
Labor legislation does not require employers to have job descriptions for employees. However, these documents are developed at all enterprises. Their presence helps prevent possible controversial issues.
Conflicts, for example, may arise over a specific job that an employee must perform. The reason for such disputes is the ambiguity in the designation of responsibilities. Often such conflicts end in termination of the contract. However, employees in such situations go to court and successfully challenge the employer’s actions. Such consequences can be prevented by competently drawing up a job description.
When developing the document, it is necessary to take into account the information of the Unified Qualification Directory for Positions and Professions. However, the list of functional (job) responsibilities does not have to be fully consistent with it. Each employer draws up instructions for staff taking into account the specifics of the enterprise’s activities.
Notification of changes to job descriptions
We also inform you that, if you do not agree to continue working under the new conditions, the company is obliged to offer you another job that matches your qualifications and health status. If there is none, you may be offered a lower position or a lower paid job, which you could perform taking into account your existing qualifications and health status. This job is offered subject to availability in the company. In the absence of such or if you disagree with the proposed work, the employment contract is subject to termination in accordance with clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.
In accordance with Art. 74 of the Labor Code of the Russian Federation, we hereby notify you that due to changes in technology and work organization of employees of the customer service department caused by the purchase of new telephone and computer equipment, the terms of the employment contract concluded with you dated March 19, 2021 N 45-td are changing regarding the job title. According to these changes, clause 10 of the above employment contract will be stated as follows: “The employee is hired as a Call Center Operator.” All other terms of the employment contract dated March 19, 2021 N 45-td, including those relating to wages (clause 12) and labor function (clause 11), remain unchanged.
Important point
It should be said that the rules for developing instructions or revising them, agreeing on them, or approving an order to put changes into effect are not necessary to bring to the attention of the employee. The fact is that these acts and processes do not affect the labor rights of a citizen and are not included in the list of information to be provided in accordance with paragraph 1 of Article 62 of the Labor Code. The subject of information in necessary situations is solely the content of the instructions.
Notifying an employee about a change in job description
The document must be stored in a specially equipped room or safe. Commercial enterprises are not required to adhere to requirements regarding the installation of special premises for storing documents.
Quite often in the course of work, the need arises to supplement the job description or make changes to it. In this case, the employer is obliged to notify his subordinates about this by preparing a notice of change in job description.
Sample notice of change in job description sample
When changing the name of an organization, it is not necessary to make changes to the local acts in force in it, since when changing the name, there is no change in the employer as a party to the labor relationship*. The new name will appear in local acts as they are issued (adopting new or updating existing documents) within the framework of the employer’s current activities. Such conclusions follow from the totality of the provisions of Articles 2 and 20 of the Labor Code of the Russian Federation. At the same time, in order to update the name in all documentation, it is still recommended to change the name of the organization in local acts by crossing out the old one and introducing a new name or publishing documents in a new edition, that is, with a clarified name.
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Job descriptions (samples). Changes to the job description. The changes do not affect the mandatory terms of the employment contract. The following was written in the notice of transfer. Home page. Articles. Making changes to an employee’s job description, procedure and samples. How to do it correctly if the labor code does not have rules for changing the job description. - notification form - labor code of the Russian Federation - federal legislation. sources correctly make changes to the job description. Order to job description. Order samples (full list of documents). Search for the phrase order throughout the site. Order to amend the job description.pdf.notification. Certificate. Making changes to the job description. The content of an employee's job responsibilities may change. For example, adjustments to an employee’s job description may be required when organizational and (or) technological working conditions change.
Beginning of development of functional characteristics of the position
Some large state corporations, in which there are many divisions and subsidiaries, such as Gazprom or Russian Railways, issue separate regulations on the procedure for developing the job responsibilities of employees. Such documents indicate:
- a list of requirements that must be taken into account during development;
- procedure for approving developed documents;
- the procedure for making changes to the current descriptions of employee functionality;
- deadlines;
- responsible employees.
For example, the order approving Gazprom’s job descriptions and the procedure for their development lists a number of performers responsible for carrying out the manager’s orders.
And such an administrative act must be familiarized with signature to all authorized officials who are indicated in it. Commercial organizations that have branches and separate divisions can use a similar form of document.
Sample notice of change in job description sample
A job description is an organizational and legal document issued in order to regulate the organizational and legal status of an employee, his duties, rights and responsibilities and providing conditions for his effective work.
A trading enterprise (using the simplified tax system) plans to take part in the regional exhibition-fair “School Bazaar”. Should it equip a retail location with a cash register or can trade be carried out without using a cash register (issue receipts to customers upon their request)?
Sample notice of change in job description sample
The need to make changes to a job description most often arises when adjusting the scope of an employee’s job responsibilities. The need to make changes is associated with a change in organizational working conditions, the alpha organization is located in the city. The exercise of the right to conclude an employment contract is directly related to the employee’s right to perform work that corresponds to the labor function defined by the concluded employment contract.
The Labor Code does not contain any mention of job descriptions, although job descriptions are an integral tool for regulating labor relations. When the job description changes.
Arbitrage practice
As a rule, many employees identify a job description with a mutual cooperation agreement and believe that any changes made to the DI must occur in full compliance with Article 72 of the Labor Code of the Russian Federation.
Meanwhile, as judicial practice shows, workers are not always right.
Thus, in the Determination of the Vladimir Regional Court dated January 19, 2012 in case No. 33-108/2012 it is stated that by making changes to the instructions by clarifying previously assigned duties without the employee’s consent, the company’s management did not violate his rights, since the employee’s job function and responsibilities did not have changed.
And at the same time, there is also the opposite practice, which indicates a lack of understanding of the norms of the Labor Code of the Russian Federation by the company’s management.
Thus, in the Appeal Determination of the Kursk OS No. 33-1497/2015 dated June 16, 2015 in case No. 33-1497/2015, the employer’s decision to impose additional duties on the employee was canceled due to the fact that they did not correspond to the direct labor function of the employee , nor the ETKS requirements for a specific position.
That is, it cannot be said that the number of positive court decisions prevails over negative ones due to the fact that judges proceed only from the norms of the law, and not from the direct interests of the parties in a given situation.
That is why, before making changes to the job description, it is advisable to study the above recommendations in detail.
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Job Descriptions
Sample order to change a job description
- grounds for making changes to the DI (for example, in connection with making adjustments to the staffing table when assigning additional responsibilities to an employee or, conversely, excluding certain functions from his competence, etc.);
- list of adjustments made to the DI.
- signing additional agreements to the employment contract, if the DI is an annex to it;
- approval of a new edition of the DI or execution of a document containing a register of adjustments to the amended DI, if it is a separate document.
What to do if an employee refuses?
The requirement for the need for consent on the part of the employee is due to the fact that if his job functions change, then not only the instructions themselves, but also the employment contract must be adjusted. This process requires the consent of a specialist.
If the instruction is a separate internal act of the enterprise, then making adjustments will not lead to a change in the employment contract. In this case, the employer can change the text of the document without the employee’s consent.
Basic information about what rules should be used to make changes to the instructions is contained in Art. 62 TK. If the employer, for various reasons, changes the information in this document without the consent of the employee, which leads to a significant change in the labor functions of the specialist, then the citizen can file a complaint with the labor inspectorate or court. Therefore, every employer must take a responsible approach to its responsibilities.
Causes
Sample notice of change in job description
So, two months before the previous changes, the employer sends the employees who will be affected by them a corresponding notice in writing. Infanta Open Joint Stock Company represented by its director, acting on the basis of the charter, hereinafter referred to as the employer, on the one hand, and the name, hereinafter referred to as the employee, on the other hand, have entered into this agreement as follows: 1. Based on this notice (other document) , issued by the employer, appropriate changes are made to the texts of the employment contract, job description, and other local regulations (staffing table, regulations on structural divisions, etc.). There are only general recommendations when dismissing an employee, his personnel number, as a rule, cannot be assigned to another employee for one or two years (letter of the State Labor Committee of the USSR, Ministry of Finance of the USSR, Central Administration of the USSR dated 27.
Due to the need to clarify the requirements for candidates for certain staff positions at OJSC 1. Glebova was given a notice that changes would be made to her job description. An order to change the job description - the reader can use the standard of this document. Is it possible to enter changes into the job description. Limited Liability Company Nevada Plus (LLC Nevada Plus) order July 6 2. Labor legislation defines the terms of the employment contract between the parties and divides them into indispensable (necessary), i.e. Changes can be made to the employment contract only with the mutual consent of its parties (Article
How and where is the order stored?
According to the Legislation of the Russian Federation, all orders must be stored in the archives of the enterprise. Documents that are not part of the employee’s personal file, such as an order, must be kept for seventy-five years. If the organization has been liquidated, then all data must be transferred to the city archive or legal successor.
The main thing in drawing up an order for approval of instructions:
1.observe the time frame so that the order issued is either on the eve of the instruction itself or on the same day
2.issue it on the organization’s letterhead, indicating the details
3. must be endorsed by the director, and the signatures of all responsible persons are also required
4.monitor its implementation and conclusion of the job description with each employee
Employees need to:
1. Carefully study your job descriptions, and if you disagree with any point, notify the employer about this, in order to avoid omissions in the future
- sign the instructions after all the circumstances have been clarified
for free
To prevent job descriptions from becoming useless papers, they must be dynamic, promptly reflecting structural, organizational, production and other changes occurring in the organization of work and labor management at a particular employer. Therefore, special attention should be paid to their timely updating. This approach makes job descriptions relevant documents, the content of which corresponds to the conditions, tasks and needs of management. How often should the text of a job description be changed? In this matter, an extreme is possible: some personnel workers, showing excessive zeal, update job descriptions annually. This is not always justified. Changes to job descriptions are necessary, for example, in the following cases:
- when official powers and responsibilities change;
- when transferred to another position (job) with the same employer;
- when an employee is assigned, along with his main job responsibilities, additional work in another or the same profession (position);
- during the reorganization of a legal entity;
- when the staffing table changes (staff reduction, introduction of a new staff unit);
- when changing the name of the organization (or making other changes to the constituent documents) or structural unit;
- when changing the surname (or initials) of the employee, if the instruction was individual (personal), etc. In some cases, individual (personal) job descriptions are used, which are written for a specific employee and contain his surname and initials in the title of the text. It is advisable to do this only as an exception. If the instructions are written for a specific person, and not for a position, then when a new employee arrives, he will not be able to sign on it; this will require making appropriate changes to it or approving a new job description.
The procedure for making changes to job descriptions may vary depending on when they are made: before the employee is hired for the corresponding position or after. In the first case, the procedure for making changes is simplified - no additional registration of the employee’s consent is required. You can create a new job description and approve it, or make changes to the job description by the appropriate order of the manager. And another situation is when management wanted to make changes to the job description of an employee already working in this position. At the same time, the procedure for making changes to job descriptions differs greatly from the nature of the changes made, namely, whether they relate to the terms of the employment contract determined by the parties or not. Labor legislation divides the terms of an employment contract determined by the parties into mandatory (necessary), i.e., conditions without which the employment contract cannot be considered concluded, and additional (optional), the presence of which is determined solely at the discretion of the parties. According to Part 2 of Article 57 of the Labor Code of the Russian Federation, the following conditions are mandatory for inclusion in an employment contract: - place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area - place of work with indicating a separate structural unit and its location; — labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work assigned to the employee). If, in accordance with federal laws, the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation; - the date of commencement of work, and in the case where a fixed-term employment contract is concluded - also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the current Labor Code of the Russian Federation or other federal law; — conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments); — working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer); — compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions in the workplace; - conditions that determine, in necessary cases, the nature of the work (mobile, traveling, on the road, other nature of work); — a condition on compulsory social insurance of the employee in accordance with this Code and other federal laws; — other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
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The employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations. The additional conditions in Part 3 of Article 57 of the Labor Code of the Russian Federation include the following conditions:
- on clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
- about the test;
- on non-disclosure of secrets protected by law (state, official, commercial and other);
- on the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;
- on the types and conditions of additional employee insurance;
- on improving the social and living conditions of the employee and his family members;
- on clarification, in relation to the working conditions of a given employee, of the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
This list is not exhaustive and can be supplemented by agreement of the parties.
Can it be stated differently?
- by issuing an administrative act, that is, an order;
- by affixing the stamp “I approve” with the signature of the head of the organization.
That is, it is not necessary to issue an order for the approval of the DI if the instructions have already been approved by the specified stamp.
However, in some industries, special provisions have been developed that not only contain the procedure for issuing instructions and the procedure for making changes, but also determine the mandatory issuance of an order.
If the company does not belong to government agencies, management has the right to determine the procedure for approving instructions independently, that is:
- if the organization’s staff is small, a stamp will be enough;
- if we are talking about a large institution with many structural divisions, it is more advisable to issue a general order to approve the DI, rather than to endorse each one.
Notifying an employee about changes to the job description
For some reason, everyone always forgets that an employment contract is, first of all, a contract, i.e., at the same time, refusal will not have any negative consequences for it. Along with a diverse collection of their own models, designers are happy to make custom models.
The amount of the additional payment is established by agreement of the parties to the employment contract, taking into account the content or volume of the additional payment. In this case, the employee who temporarily replaces an absent employee is made, in accordance with Art. You can familiarize yourself with both the notification form itself and the prototype here. Let’s take a closer look at all the options for how to make changes to the job description. Accounting policy of an organization (enterprise) for 2021 download the standard. How to write a good notice to an employee about a change in job description. In fact, in each issue of the magazine we offer you one sample of a job description and then post them on the website in the section summary of job descriptions. In practice, a job description can be drawn up as an annex to the employment contract or as a separate document.
Sample notice of change in job description sample
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Sample notice of change in job description sample
Title: sample notice of change in job description Author: photon456 Pages: 584 Format: txt Size: 40.3 MB Quality: excellent Language: Russian Year of publication: 2021
16 Oct 2021 sample order to amend the job description;. a completed form for notifying the employee two months in advance about In a creative interview, Russian journalists actively use interruptions to dynamize the interlocutor’s speech and get an answer to the question as quickly as possible. March 22, 2021 Notify her of a change in job description 2 months in advance and that’s it? If anyone has a form for such a notification, I would be grateful. At the same time, it seems completely fair to us to consider the optative meaning of a statement as basic, deep in relation to its general pragmatics.
Sample notice of change in job description sample
Changes by the parties to the terms of the employment contract are allowed only by agreement of the parties, drawn up in writing (Article 72 of the Labor Code of the Russian Federation). That is, a change in the name of a position is carried out only by agreement of the parties to the employment contract. The personnel officer of a government institution must prepare a justification indicating the reasons why the title of the position is changing; in other words, the terms of the employment contract previously agreed upon by the employer and employee cannot be maintained.
If a change in position or profession is expected, there is a transfer - a permanent or temporary change in the labor function of the employee and or the structural unit in which the employee works, if the structural unit was specified in the employment contract. while continuing to work for the same employer, as well as transferring to work in another area together with the employer. It is important that you monitor judicial practice on the issues presented, because a personnel officer busy with current affairs cannot carry out such searches on his own, and even without the help of a lawyer, the motives that guide the court in making a decision are sometimes not clear. Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks' earnings. Thanks to the author of these books and magazines! And I highly recommend it to everyone who has not yet purchased the HR Package, it is an affordable and very professional program. Labor function The concept of labor function is disclosed in Art. As a novice lawyer, these books help me a lot in my work; I like that situations from practice are given, everything is presented in accessible language. It is very difficult to learn on your own, because there is no literature yet, and the labor inspectorate is already carrying out checks on compliance with the legislation of the Russian Federation.
Specifics of the notification
According to the provisions of Articles 56 and 57 of the Labor Code, the subject of the contract is:
- Description of the employee's function.
- Conditions for an employee to carry out work activities.
Due to the fact that the content of the instructions is not regulated by law, it may contain information related to the subject of the contract. Changes in the terms of the contract, in turn, are made:
- By agreement of the parties to legal relations. This is a general rule enshrined in Article 72 of the Labor Code. That is why changes to the instructions that are part of the contract are formalized by an additional agreement.
- At the initiative of the employer. In this case, the adjustment is determined by organizational and technological changes at the enterprise. Moreover, the employee’s labor function remains the same. In this situation, the employee is notified of them 2 months before the changes take effect.
Notification of changes to job descriptions
You can independently or with the help of the system administrator of your organization; we have a need to make changes to job descriptions. For example, when introducing new technologies due to wear and tear of old equipment and, accordingly, modernizing the equipment, a report or memorandum is required from senior management on the advisability of introducing a new operating mode in connection with accelerating the production process. After this, place the field for signature and last name with initials.
Or maybe this is just another PR campaign (who is interested in Kirkorov?). Approve the new edition of the job description (changes to the job description) by order of the head of the organization and familiarize it with the employee against signature. The employer is obliged to offer the employee both a vacant position or work that corresponds to the employee’s qualifications, and a vacant lower position or lower-paid work that the employee can perform taking into account his state of health. In this case, there is no need to make changes to the employment contract, since the labor contract already contains the name of the specialty that involves performing this type of work.
In what cases is an order needed?
Typically, the form of the order is approved at the very beginning of the activities of the organization or institution. But sometimes such an order has to be formed already in the process of carrying out the activity. This is necessary in case:
- creation of new staff units in the structure of an institution or organization;
- changes in legislative acts regulating the labor function of employees;
- changes in technological approaches and requirements.
Also, an order to introduce new job duties or adjust old ones may come from higher organizations or ministries. Businesses may change the functions associated with a particular position at will at any time. The main thing is that appropriate changes are made to employees’ employment contracts.
Sample notice of change in job description sample
. Change of job description. Sample notification of changes in conditions. Ru 2021, N 10, termination of an employment contract due to the health of the employee. filling out the employee’s notification of changes. The salary for each position is specified in the regular salary. Hilakforte instructions for use for children under 3 years of age price. Sample notification of changes to the job description sample. The need to make changes to job descriptions. In this case, the employer is obliged to notify his subordinates about this by preparing a notice of change in job description
Sample notification of job change. Order to change job description. In this article we suggest downloading a sample notification of changes in wage conditions. Sample Notification of Changes in the Employee's Job Description. It is necessary to correctly draw up a notification to the employee about changes in the job description.
