Businesses and if vacant positions. What is considered a vacant position? When and how to offer vacancies

In practice, this seemingly simple condition raises many questions. Can a position that is temporarily vacant be considered vacant for the period of parental leave? Is an internal or external part-time job vacant? Let's figure it out.

When should you offer vacancies?

All the reasons for dismissal, and there are more than fifty of them, you will find in the table that I compiled for novice personnel officers. ... Based on the table, we see that the employer is obliged to offer the employee vacancies if the dismissal occurs on the following grounds:

In view of the continuation of work in connection with a change in the terms of the employment contract determined by the parties (clause 7, part 1, article 77 of the Labor Code of the Russian Federation);

In connection with the refusal of the employee to transfer to another job that he needs in accordance with the medical report (clause 8, part 1, article 77 of the Labor Code of the Russian Federation);

In connection with a violation of the rules for concluding an employment contract established by the Labor Code (clause 11, part 1, article 77 of the Labor Code of the Russian Federation);

Due to the reduction in the number or staff of the organization's employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

Due to the inconsistency of the position held due to insufficient qualifications, confirmed by the results of certification (clause 3, part 1, article 81 of the Labor Code of the Russian Federation);

In connection with the reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate (clause 2, part 1, article 83 of the Labor Code of the Russian Federation);

In connection with disqualification, which excludes the possibility of the employee fulfilling his obligations under an employment contract (clause 8, part 1, article 83 of the Labor Code of the Russian Federation);

In connection with the deprivation of the employee of a special right, which entailed the impossibility of the employee to fulfill his obligations under the employment contract (clause 9, part 1, article 83 of the Labor Code of the Russian Federation);

In connection with the termination of access to state secrets (clause 10, part 1, article 83 of the Labor Code of the Russian Federation);

In connection with the emergence of restrictions on certain types of labor activity established by the Labor Code that exclude the possibility of fulfilling obligations under an employment contract (clause 13, part 1, article 83 of the Labor Code of the Russian Federation).

It is necessary to offer vacancies in writing. The employee, in turn, also expresses his consent or disagreement with the transfer to the proposed positions in writing. There is no legally enshrined or recommended form of this document, therefore Another job offer drawn up in free form, by the type of notification.

What positions are vacant

Investigating judicial practice, one is simply amazed at how often employees dispute the legality of their dismissal, considering that they were not offered all the vacancies that were in the company. But we can say that the courts have developed a clear and consistent position on this issue.

What is a vacancy from a legal point of view? This is a staff unit for which no employee is accepted. That is, not occupied by anyone, an empty position. Positions occupied by part-time employees are not vacant. The positions occupied by female workers on maternity leave, childcare leave, and other temporarily absent employees are also not vacant. The employer is not obliged to offer these positions in the process of dismissal on the above grounds. But you can offer it, it does not contradict the law.

I must say that among lawyers and personnel officers you can still find the opinion that it is necessary to fire them if it becomes necessary to offer vacancies to other employees. The courts do not support this position. Yes, Article 288 of the Labor Code of the Russian Federation grants the employer the right to terminate the contract with the part-time worker in the event of hiring an employee for whom this work will be the main one, but does not oblige to do this at all. The employer has the right to independently make personnel decisions based on the interests of the company. This was explained by the Plenum of the Supreme Court in its Resolution No. 2 of 17.03.2004.

How to prevent a conflict situation

To extinguish conflicts at the stage of their inception, you can make two suggestions another job if you want to help the employee and you have the opportunity. In one Proposal, list the vacant "clean" positions, in the other - not vacant, but temporarily vacant, as well as half the rates occupied by internal part-time workers. In the second case, be sure to stipulate the restrictive conditions: fixed-term contract, part-time rate, etc.

If there are no vacancies, then it is better to issue a notification that there is no other job in the company. This also helps to reduce the conflict of the situation, eliminating rumors and speculation.

Established the obligation of the employer to offer the employee vacant positions in case of redundancy. This position must be free, correspond to the qualifications of the employee, and can also be underpaid or subordinate. In addition, the vacancy must be located in the same location.

In the activities of any modern company, there may be a need to reduce the number or staff of employees, caused by the needs of the business.

The employer is obliged to fully comply with the downsizing procedure provided for by law in order for the dismissal to be lawful. Unfortunately, in practice it is not always easy to precisely comply with legal requirements, especially when these requirements are not clear enough and lead to discrepancies.

In this article, we will focus on some of the nuances that may not be taken into account in the process of offering vacancies, and also consider controversial issues.

What positions to offer?

The Labor Code prescribes to offer the laid-off employee positions that meet the following criteria * (1):

1) the position must be vacant;
2) the work must correspond to the qualifications of the employee or be lower paid (lower position);
3) for health reasons, the employee can perform the offered work;
4) the work must be in a given locality, if the obligation to offer work in another locality is not provided for by a collective agreement, agreements, or an employment contract.

However, the Labor Code does not provide more detailed explanations regarding the established criteria for the proposed positions, in connection with which employers have to rely on business customs and court practice.

What is a vacant position?

The definition of “vacant position” is not legally established. Therefore, in practice, a vacant position is often understood as a position that exists in the staffing table, but is not replaced by any specific employee.

At the same time, a number of issues remain unclear, including the possibility of categorizing a vacant position, which is filled by a temporarily absent employee (for example, on maternity leave or parental leave). On the one hand, this job is temporarily vacant, since the position is retained by the temporarily absent employee, and therefore is not a full-fledged replacement for the downed one. However, on the other hand, the legislation does not indicate that an employer should not offer temporarily vacant positions when he does not have other vacant positions.

Unfortunately, there is no consensus on this issue in judicial practice. So, the St. Petersburg City Court came to the opinion that the fact that the new job could be temporary cannot serve as a basis for the absence of her proposal to the downsized employee * (2). Because the Labor Code stipulates the employer's obligation to offer the employee any job and it is not specified whether it should be permanent or temporary.

At the same time, the position of the Moscow Regional Court is different: the court indicates that the employer is not obliged to offer temporarily vacant positions, since, within the meaning of the current legislation, they are not vacant * (3). In addition, the judges define the vacant position. In their opinion, a vacant position is a vacant position that is in the staffing table, is not occupied by anyone and is not burdened with the rights of others, that is, an employment contract has not been concluded for it at the moment (including with an employee who is on parental leave for the child, and with a part-time job) * (4).

Appeal ruling of the Moscow Regional Court of December 20, 2012 in case N 33-24613 / 2012
In accordance with paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, an employment contract may be terminated by the employer in cases of reduction in the number or staff of the organization's employees.

Dismissal on the specified grounds is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health ...

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The unabridged position of the leading specialist, which is<...>, for the period of her being on maternity leave, the employer was not obliged to offer it, since, within the meaning of the current legislation, it is not vacant.

It will be fair to note that the above definition also provides clarifications on another question that often arises in practice: is the position occupied by a part-time job vacant? No, it is not, since an employment contract was concluded on it.

But at the same time, it must be borne in mind that a separate employment contract is not concluded when combining. However, the agreement to perform additional work establishes obligations for the employer, which he cannot refuse and, therefore, will not be able to offer this job to the downsized employee. In our opinion, these features should be taken into account in each specific case separately, taking into account other circumstances.

How to take into account the qualifications of an employee?

As we have already said, the employer is obliged to offer the laid-off employee those positions that correspond to his qualifications or are lower-paid and subordinate.

The Labor Code provides a clear definition of an employee's qualifications. It means the level of knowledge, skills, professional skills and work experience of the employee * (5).

The courts indicate that the description of qualification requirements in job descriptions is the basis for determining the suitability of the position. In this regard, in order to have appropriate arguments in case of litigation, the employer needs to make sure that there are clear requirements for qualifications in the job descriptions.

In addition, the courts often believe that the employer has the right to assess the real ability of the dismissed employee to perform work in the available vacant positions, taking into account his education, qualifications, work experience and existing skills * (6). That is, the employer, in the presence of a work book, educational documents and other available information, can judge the qualifications of the employee.

However, unfortunately, the employer does not always have such information in full. An employee, for example, could not provide information about additional education, which was not directly related to the job being cut, but could serve as proof of the employee's qualifications for entering the vacant position. In this regard, the employer, in order to minimize possible risks, should offer the employee the widest possible list of vacant positions so that the employee can choose a position corresponding to his education and experience, independently assessing his qualifications. At the same time, the offer of all vacant positions, including those that do not correspond to the qualifications of the employee, is not misleading the employee. This is the conclusion of the Moscow City Court * (7).

Also, employers should remember about the need to offer the employee all vacant positions, including a lower position or lower-paid job, to which, in the employer's opinion, the employee will obviously not agree. Judicial practice confirms that since this obligation is enshrined in law, its violation due to the conviction that the employee will refuse the proposed position may lead to the recognition of the dismissal as unlawful * (8).
Where to offer positions?

The employer must offer suitable vacancies available in the area. The obligation to offer suitable positions in other localities arises only when it is enshrined in a collective agreement, agreements or an employment contract.

The Supreme Court of the Russian Federation in its ruling gave a clear definition of the concept of "other locality". So, another locality is an area outside the administrative-territorial boundaries of the corresponding settlement * (9).

In this case, it does not matter whether we are talking about vacancies in another branch or structural divisions, since the only criterion is the need to offer all vacancies in a given area.

When and how to offer vacancies?

Since the legislation does not clearly establish when and how to offer vacancies, the employer should offer them during the entire time from the moment of notification of the reduction and up to dismissal. For the purposes of documentary confirmation, the employee should be notified of vacancies in writing against his signature, indicating the date of notification.

Thus, since the offer of vacancies to downsized employees is one of the elements of the dismissal process, the dismissal may be considered unlawful if the procedure for offering vacancies is not fully followed. And this may entail not only the recovery of the employee, but also the payment of average earnings for the period of forced absence from work and compensation for moral damage.

E. Ukhova,
EY Partner, Head of Management Services Group
performance efficiency and staff motivation in the CIS

L. Sapronova,
EY Manager, Tax and Legal Services,
a group of comprehensive solutions for employers and employees

* (1) Art. 81 of the Labor Code of the Russian Federation
* (2) cassation ruling of the St. Petersburg City Court dated 03.15.2012 N 33-3894 / 2012
* (3) the appeal ruling of the Moscow Regional Court of 20.12.2012 N 33-24613 / 2012
* (4) the appellate ruling of the Moscow City Court dated 09.28.2012 N 11-2984 / 2012
* (5) Art. 195.1 of the Labor Code of the Russian Federation
* (6) cassation ruling of the Moscow City Court of 19.07.2013 N 4g / 2-6454 / 13
* (7) ruling of the Moscow City Court of September 27, 2013 N 4g / 5-9578 / 13
* (8) the appellate ruling of the Moscow City Court of 06.08.2013 N 11-25018 / 13
* (9) post. Plenum of the RF Armed Forces of March 17, 2004 N 2

The employer transfer the employee to a non-vacant position, and after the expiration of the temporary transfer, you dismiss him due to the layoff, since his position has been reduced and you cannot provide him with the previous job.
The employer terminates the TD in connection with the layoff, and then formalizes the employee under a fixed-term employment contract to perform the work of an employee who is on parental leave.

The part-time job is not vacant

However, the agreement to perform additional work establishes obligations for the employer, which he cannot refuse and, therefore, will not be able to offer this job to the downsized employee. In our opinion, these features should be taken into account in each specific case separately, taking into account other circumstances. How to take into account the qualifications of an employee when reducing staff? As we have already said, the employer is obliged to offer the laid-off employee those positions that correspond to his qualifications or are lower-paid and subordinate.
The Labor Code provides a clear definition of an employee's qualifications. It means the level of knowledge, skills, professional skills and work experience of an employee (Art. 195.1 of the Labor Code of the Russian Federation).

Nine Answers to Job Vacancy Questions

Labor Code of the Russian Federation)? (Information portal of Rostrud "Online Inspection.RF", April 2016)) In case of exclusion from the staffing table of the position (profession) for which the employee is assigned to combine, the employer is not obliged to provide such employee with guarantees provided for cases of downsizing or staff reduction. It is enough to comply with the procedure for canceling an order to perform additional work (part four of Article 60.2 of the Labor Code of the Russian Federation). The answer was prepared by: Expert of the Legal Consulting Service GARANTKoshechkina Natalya Response quality control: Reviewer of the Legal Consulting Service GARANTVoronova Elena May 31, 2016

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. * (1) See Solution Encyclopedia.

Career

If an employee has to do a new job for him for a certain time, then it is better to issue an internal combination or combination of professions (positions). In case of internal part-time work, the employee performs additional work in his free time from the main job (Article 60.1 and Part 1 of Article 282 of the Labor Code of the Russian Federation). For this, the employer enters into a separate employment contract with the employee (Art.

60.1 Labor Code of the Russian Federation). When combining professions, the employee is engaged in additional work during his normal working day. In this case, additional work is paid and is possible only with the written consent of the employee. Such rules are established in part 1 of article 60.2 of the Labor Code of the Russian Federation.

Is it possible to combine positions that are not vacant?

My own lawyer

Before laying off an employee, according to the law, the employer undertakes to offer him another job that will suit him. One of the criteria for any job is a vacant position. Lack of a clear definition There are a lot of cases when difficulties arise in the field of correct interpretation of the law in the sense that it is very important here to correctly understand what is actually a vacant position. To do this, the legislation clearly describes the signs of vacancies in Moscow, the capitals of the republics, regional and regional centers, throughout the country: 1. This is a job that fully corresponds to the qualifications of the downsized worker. 2. This position is not lower paid or inferior in official position.
3. The employee for health reasons has the opportunity to perform this work. 4. The job is suitable for the employee's location.

Vacancies in the reduction of staff

The Labor Code of the Russian Federation also established that when carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another existing job (vacant position). Neither the Labor Code of the Russian Federation, nor other federal laws and regulations contain a definition of a vacant position. Many experts believe that a vacancy is a position for which not a single employment contract has been concluded (see, for example, M.
Vasilyeva, E. Karsetskaya, I. Mikhailov, A. Shershnev "Labor contract" // "Economic and legal bulletin", N 7, July 2005; answer to the question: “The branch manager for two months acted as the resigned branch manager.
St. Petersburg City Court of 15.10.2013 N 33-16070 / 2013, determination of the Krasnoyarsk Regional Court of 27.06.2011 N 33-5658 / 2011, determination of the Tula Regional Court of 02.02.2012 N 33-309, determination of the Lipetsk Regional Court of 31.08 .2011 N 33-2506 / 2011) In accordance with the first part of Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for an additional payment. professions (positions) can also be carried out by combining professions (positions) * (1). At the same time, combining professions (positions) and other types of additional work listed in Art.

Also, employers should remember about the need to offer the employee all vacant positions, including a lower position or lower-paid job, to which, in the employer's opinion, the employee will obviously not agree. Judicial practice confirms that since this obligation is enshrined in law, its violation due to the conviction that the employee will refuse the proposed position may lead to the dismissal being declared unlawful (appeal ruling of the Moscow City Court dated 06.08.2013 No. 11-25018 / 13 ). Where to offer vacancies? The employer must offer suitable vacancies available in the area.

The obligation to offer suitable positions in other localities arises only when it is enshrined in a collective agreement, agreements or an employment contract.

Is the part-time position vacant

If any new positions become vacant, it should also be offered to the dismissed employee. The main thing in this case is that the employer can confirm that at the time of the employee's dismissal, his transfer to another position was impossible, since the employee refused all the vacancies offered to him. If the employer has repeatedly offered the employee other vacancies, then he can transfer him to another position without waiting until the warning period expires. The employer is obliged to say that the vacant positions are those that are now free, and to offer them, otherwise the transfer may be recognized by the court as compulsory, which means that the employer will commit illegal actions.
An employer has the right, but is not obliged to terminate an employment contract with a part-time employee in the event of hiring a main employee (Article 288 of the Labor Code of the Russian Federation). In addition, work on it is carried out on the basis of a concluded labor contract (Article 60.1 of the Labor Code of the Russian Federation). At the same time, some courts indicate that if there is a 0.5 rate for any staff unit occupied by a part-time job, the remaining 0.5 free rate is considered vacant (ruling of the St. Petersburg City Court dated April 13, 2011 No. 33-4388 / 2011).

When combining a position without concluding an employment contract, it is also not vacant, since work is performed on it and salaries are paid (determination of the IC in civil cases of the Kostroma Regional Court of 13.02.2012 No. 33-36).

This question seems simple only at first glance. And in practice, it arises quite often in cases where, prior to the dismissal of an employee, the employer is legally obliged to offer him another job. In such situations, personnel officers have doubts about whether to offer rates that are reserved for a permanent employee, but at the moment he is not performing his functions. Most often, we are talking about the so-called "maternity" rates - the employee is on parental leave.

Let's agree on terms

Transfer is a permanent or temporary change in the labor function of an employee and (or) the structural unit where he works, if information about this structural unit was specified in the employment contract.

First of all, let's remember in which cases the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) obliges the employer to offer the employee a transfer to another place of work before dismissal:

- When carrying out measures to reduce the number or staff of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

In connection with termination of the employee's access to state secretsif the work performed requires such an admission (clause 10, part 1 of article 83 of the Labor Code of the Russian Federation);

- When reinstating an employee who previously performed this work, by decision of the state labor inspectorate or the court (clause 2 of part 1 of article 83 of the Labor Code of the Russian Federation)

- In case of disqualification or other administrative punishmentthat excludes the possibility of the employee fulfilling his obligations under the labor contract (clause 8, part 1, article 83 of the Labor Code of the Russian Federation);

Upon expiration, suspension of validity for more than two months, or deprivation of an employee of a special rightif this entails the inability of the employee to fulfill his obligations under the employment contract (clause 9, part 1 of article 83 of the Labor Code of the Russian Federation);

In the event of the occurrence established by the Labor Code of the Russian Federation, other federal law and excluding the possibility of the employee's performance of obligations under the employment contract restrictions on certain types of work (Clause 13, Part 1, Article 83 of the Labor Code of the Russian Federation);

When the employee has a medical certificate, in accordance with which he needs a transfer to another job (clause 8, part 1, article 77 of the Labor Code of the Russian Federation).

In all these cases, the Labor Code of the Russian Federation says that dismissal on an appropriate basis is allowed if it is impossible to transfer an employee with his written consent to another job available to the employer. At the same time, the law specifies that the employer must offer both a vacant position or work corresponding to the employee's qualifications, and a vacant lower position or lower-paid work that an employee can perform, taking into account his state of health. The employer is obliged to offer all the vacancies that meet the specified requirements that he has in the area.

Note!

The law says that the employer should offer vacancies in the situations under consideration, taking into account the qualifications of the employee, as well as vacancies requiring lower qualifications.

The employer is not obliged to offer higher vacancies. But he can do this if he considers the qualifications of the employee sufficient to perform such duties. But in this case, it must be remembered that a probationary period cannot be assigned during the transfer. So, alas, there will be no opportunity in practice to check whether an employee will cope with a new appointment.

Some consider vacant only those positions that are completely free, that is, they are not reserved for another employee. Others argue that those who are laid off should be offered as vacancies those positions that are retained by other employees by virtue of the law.

It seems more logical that only those positions are vacant, which are not occupied by employees registered in the prescribed manner.

A vacant position by definition (Latin vacans - vacant) cannot be occupied, therefore the employee is accepted for it on a general basis. Places occupied by part-time workers, as well as those retained for employees who are actually absent from work, are not vacant. This is the position that most courts adhere to.

When appealing the dismissal, the employee indicated that he had not been offered a vacant position in the same organization in accordance with the law. However, in court, this position was not recognized as vacant, since it was replaced by an employee who was on parental leave. The court concluded that in the event of a staff reduction, the employer is not obliged to offer employees temporarily vacant positions (see the appeal ruling of the Moscow Regional Court of 11/30/2015 in case No. 33-29465 / 2015).

At the same time, in judicial practice, there is a different interpretation of this concept and a different approach to the definition of jobs to which a transfer can be offered in case of redundancy. Some court decisions indicate that the employer should have offered the employee to be laid off a transfer to a “temporarily vacant” position. However, this approach is contrary to labor law and the essence of labor relations.

Indeed, upon dismissal, for example, on layoff, in case of refusal to transfer or lack of vacancies in the organization, the employee receives significant severance pay and guarantees for the period of employment... And if he agrees with the transfer to a temporarily vacant position, he is deprived of these guarantees. Moreover, a difficult situation arises for the personnel officer. Temporary transfer (and here we can only talk about it) presupposes the preservation of the previous place of work and the opportunity to return to it. And just this is impossible in this case. And the question will arise with the dismissal of the temporarily transferred, when the main employee decides to return to work.

There is no official explanation of Rostrud on this issue, but there are documents that indirectly confirm the position “a vacancy is a vacant position”.

So, in the order of the Ministry of Health and Social Development of Russia dated 03.07.2006 No. 513 "On approval of the Administrative Regulations of the Federal Service for Labor and Employment for the provision of state services to assist citizens in finding suitable work, and employers in the selection of the necessary workers" the term "vacant positions" is used to mean "vacant jobs"to which employees can be accepted.

The same approach can be traced in the following response from the representative of Rostrud:

“Question: an employee went on vacation with subsequent dismissal. Can a permanent employee be hired to replace him from the first day of vacation? Is the job vacant from that day on?

Answer: the organization can accept a new employee in place of the one who went on vacation with subsequent dismissal only upon completion of the vacation of the former employee, but it is possible to conclude a fixed-term employment contract for the period of vacation.

Justification: in accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place (position) was retained. In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are provided with annual leaves with preservation of their place of work (position) and average earnings.

Thus, the position of an employee who has exercised in accordance with the established procedure his right to leave with subsequent dismissal will become vacant only after the date of dismissal indicated in the relevant order and work book. The organization cannot accept a permanent employee for this position, since the former has not yet been dismissed, but it is possible to conclude a fixed-term employment contract for the period of vacation. "

Based on the foregoing, I believe that it would be correct in appropriate situations to offer for translation only really vacant places. If an employee insists on being transferred to a “temporarily vacant” position instead of being fired, explain to him all the risks of such a transfer. And besides that, in case of litigation, inquire what position on this issue is adhered to by the court, in whose jurisdiction your organization is located.

Fedorova E.E.,

labor law expert, teacher.

Is it possible to keep vacant positions in the staffing table?

- Yes, you can.

How often do you need to make changes to the staffing table?

- At any time when there is a need for it.

Is it possible to indicate the position in the staffing table in a foreign language?

- No you can not.

The staffing table is a convenient tool for an employer. In accordance with this document, recruitment and transfers are carried out, salaries and positions are changed, staff is reduced. When do you need to adjust the staffing table? How to do it correctly? Do I need to inform employees about the changes in this document?

We draw up the staffing table

The staffing table lists divisions, job titles, the number of staff positions for them, the size of official salaries and possible allowances. It is possible not to indicate the period of validity of the staffing table and apply it throughout the entire activity of the company before making changes and additions to it.

When developing the staffing table, you can use the unified form No. T-3, approved by the Decree of the State Statistics Committee of Russia No. 1, or approve in the organization another form that will contain all the necessary information for keeping records of personnel (Article 9 of Law No. 402-FZ). A special procedure is provided for public sector organizations - for them the forms of primary accounting documentation are established in accordance with budget legislation.

The staffing table is an impersonal document. It does not indicate specific employees, but the number of positions in the organization and salaries for them. To record which of the employees occupies which positions, as well as to mark vacancies, periods of long absence from work and temporary replacement, make up the staffing table. To do this, it is convenient to use the form of the staffing table number T-3, including in it the columns "Surname and initials", "Information about the employee."

How to indicate positions in the staffing table

The staffing table reflects all positions available in the organization, including vacant ones.

If the work is not associated with harmful or difficult working conditions, the employer can independently formulate the title of the position (Article 57 of the Labor Code of the Russian Federation). At the same time, the law does not prohibit the use of the generally accepted abbreviations "PC operator", "Head of the web development department". However, it is better to indicate the full titles of positions in order to avoid the risk of confusion in their interpretation, since there is no established list of abbreviated titles. Do not set different salaries in the staffing table for the same positions. Enter name differences and job responsibilities.

Attention!

Branches are not employers, therefore, it is impossible to draw up a separate staffing table for them (clause 3 of article 55 of the Civil Code of the Russian Federation)

The specificity of the work of many organizations is associated with the seasonal attraction of workers. In the event that fixed-term employment contracts are concluded with additional employees, this can be reflected in the staffing table. To do this, issue an order by which to increase the number of units for the corresponding positions, noting the period for which they are introduced (Articles 15, 16, 57 of the Labor Code of the Russian Federation). To take into account the term, the staffing table can be supplemented with the "Work period" column or this information can be reflected in the "Note" column.

Personnel changes that need to be reflected in the staffing table

How to make changes to the staffing table

By the decision of the employer, the structure of the organization, the composition and number of employees, salaries by position, etc. may change. These events affect the staffing of the organization. Changes are made in one of the following ways:
- order to amend the current staffing table. In this case, the planned changes are listed in the text of the order itself;
- an order approving a new staffing table.

Employers choose the option to update the document themselves. If the adjustments are small, and personnel records are kept in an automated system, it is more convenient to make changes by order, when the organization is planning large-scale personnel changes - to approve a new schedule.

The order to make changes is made in any form. It indicates the reasons for the adjustments and their essence, the date of entry into force, which may not coincide with the date of issue of the order.

Example

The General Director of Aristotle LLC Maria V. in connection with the increase in the number of services provided and the optimization of the staffing table, made the decision:
- to introduce the position of "forwarding driver" into the staffing table;
- to rename the “department for compliance with labor protection standards” into “department for labor protection”, and the position of “head of the department for compliance with labor protection standards” into “head of the department for labor protection”. After that, on April 24, 2013, an order was issued to amend the staffing table from May 6, 2013.

Correcting the error

	How right
The employer has established several positions in the staffing table in a foreign language: web developer, IT specialist, PR manager.	Personnel record keeping must be conducted in Russian (part 1 of article 3 of the Federal Law of June 1, 2005 No. 53-FZ, paragraph 6 of the Rules approved by Resolution No. 225).
What happens if…
If the employer, on the basis of the staffing table, enters the names of positions in a foreign language in the work books of employees, he may be brought to administrative responsibility for violation of labor law in the form of a fine of up to 50,000 rubles (Article 5.27 of the Administrative Code of the Russian Federation). Remember the main thing The experts who took part in the preparation of the material are noted Galina Dugina - lawyer, candidate of pedagogical sciences, expert of the journal "Personnel business" The employer decides for what period to draw up the staffing table. As a rule, it is issued for one year, and then a new one is approved. The staffing table can be unlimited - to act throughout the entire activity of the company. Ekaterina Arakcheeva - Director of the State Budgetary Institution of the Moscow City Legal Center "Zashchita" (Moscow) Due to the need to rename structural divisions or positions, change salaries, reduce the number or staff of employees, changes are made to the current staffing table or a new one is adopted in a form convenient for the employer. The changes made and the new staffing table are approved by the order of the head. Nadezhda Senatorova - Head of the Department of Legal and Human Resources Support, CJSC KIA Sistemy (Moscow) The dates of approval and implementation of the new staffing table may not coincide. For example, when carrying out major personnel changes. In this situation, the personnel department may be given a time period to complete all the necessary papers for the rotation of personnel. The documents must be prepared by the date of the introduction of the new staffing table. Editorial office of the journal "Personnel business"

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