Enterprises and if vacancies. 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, for the period of parental leave, be considered vacant? Is the position occupied by an internal or external part-time job vacant? Let's figure it out.

When should you post a job?

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

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 of part 1 of article 77 of the Labor Code of the Russian Federation);

In connection with the refusal of the employee to transfer to another job, which 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 the violation of the rules established by the Labor Code for concluding an employment contract (clause 11, part 1, article 77 of the Labor Code of the Russian Federation);

In connection with a reduction in the number or staff of employees of the organization (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);

In connection with 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 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 for the employee to fulfill his obligations under an 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 established by the Labor Code, excluding the possibility of fulfilling obligations under an employment contract, on engaging in certain types of labor activity(clause 13, part 1, article 83 of the Labor Code of the Russian Federation).

Job offers must be made in writing. The employee, in turn, also expresses his consent or disagreement in writing with the transfer to the proposed positions. There is no legally fixed or recommended form of this document, therefore Other job offer drawn up in free form, according to the type of notification.

What positions are vacant

When examining judicial practice, one simply marvels at how often employees dispute the legality of their dismissal, believing that they were not offered all the vacancies that were in the company. On the other hand, it can be said that the courts have developed a clear and consistent position on this issue.

What is a vacancy in terms of the law? This is a staff unit for which no employee is accepted. That is, not occupied by anyone, an empty position. The positions held by part-timers are not vacant. Positions occupied by female workers on maternity leave, child care, 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 is not against the law.

I must say that among lawyers and personnel officers, one can still find the opinion that it is imperative to fire 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 gives the employer the right to terminate the contract with a part-time job in the event of hiring an employee for whom this work will be the main one, but does not at all oblige to do so. The employer has the right to independently make personnel decisions based on the interests of the company. This was explained by the Plenum Supreme Court in its Decree No. 2 of March 17, 2004

How to prevent conflict

To extinguish conflicts at the stage of their inception, we can draw up two Offers another job if you want to help the employee and you have the opportunity to do so. In one Proposal, list the vacant "clean" positions, in the other - not vacant, but temporarily free, as well as halves of the rates occupied internal part-timers. In the second case, be sure to specify restrictive conditions: fixed-term contract, incomplete rate, etc.

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

Established the obligation of the employer to offer the employee vacant positions in case of staff reduction. This position must be free, correspond to the qualifications of the employee, and may also be lower paid or lower. In addition, the vacancy must be located in the same locality.

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

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

In this article, we will focus on some of the nuances that may not be taken into account in the process of offering vacancies, as well as 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 proposed work;
4) the job must be in the given locality, if the obligation to offer work in another locality is not provided for collective agreement agreements, employment contracts.

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

What is a vacancy?

The definition of "vacant position" is not established by law. Therefore, in practice, a vacant position is often understood as a position that exists in the staff list, but is not replaced by any specific employee.

At the same time, a number of issues remain unclear, including the possibility of classifying as a vacancy a position that is filled by a temporarily absent employee (for example, on maternity leave or parental leave). On the one hand, this job is temporarily free, since the position is retained by the temporarily absent employee, and therefore is not a full-fledged replacement for the reduced one. However, on the other hand, the legislation does not state that an employer should not offer temporarily vacant positions when he has no other vacant positions.

Unfortunately, there is no consensus on this issue and judicial practice. Thus, the St. Petersburg City Court came to the conclusion that the fact that new job could be temporary, cannot serve as a basis for the absence of its offer to the reduced employee * (2). Because the Labor Code provides for the obligation of the employer to offer the employee any job and does not indicate whether it should be permanent or temporary.

At the same time, the position of the Moscow Regional Court is different: the court points out that the employer is not obliged to offer temporarily vacant positions, since, according to the meaning current legislation they are not vacant*(3). In addition, the judges determine the vacancy. In their opinion, a vacant position is a vacant position that is on the staff list, not occupied by anyone and not burdened with the rights of other persons, that is, an employment contract has not been concluded for it at the moment (including with an employee who is on parental leave for a child, and with a part-time worker) * (4).

Appeal ruling of the Moscow Regional Court dated 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 a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health .

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

It is 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 has been concluded under it.

But at the same time, it must be borne in mind that when combining, a separate employment contract is not concluded. However, an agreement to perform additional work establishes obligations for the employer, from which he cannot refuse and, by virtue of which, he will not be able to offer this work downsizing employee. In our opinion, these features should be taken into account in each particular 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 reduced employee those positions that correspond to his qualifications or are lower paid and lower.

The Labor Code gives a clear definition of the qualifications of an employee. It is understood as the level of knowledge, skills, professional skills and work experience of the employee * (5).

The courts point out 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 the appropriate arguments in the event of litigation, the employer needs to make sure that the job descriptions have clear qualification requirements.

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

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

Also, employers should be aware of the need to offer the employee all vacant positions, including a lower position or a lower-paid job, for which, in the opinion of the employer, the employee will 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 to him in the given area. The obligation to offer suitable positions in other areas arises only if it is fixed by a collective agreement, agreements or an employment contract.

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

It does not matter whether it is vacancies in another branch or structural subdivisions, since the only criterion is the need to offer all vacancies in the 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 notice of the reduction and up to dismissal. For the purposes of documentary confirmation, the employee should be notified in writing against the signature of vacancies indicating the date of notification.

Thus, since the offer of vacancies to redundant employees is one of the elements of the dismissal process, if the procedure for offering vacancies is not fully followed, the dismissal may be considered unlawful. And this may entail not only the restoration of the employee, but also the payment of average earnings for the period of forced absenteeism and compensation for non-pecuniary damage.

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

L. Sapronova,
EY Manager, Tax and Legal Services,
a group of integrated 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 March 15, 2012 N 33-3894/2012
*(3) Appellate ruling of the Moscow Regional Court dated December 20, 2012 N 33-24613/2012
*(4) Appellate ruling of the Moscow City Court dated September 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 dated July 19, 2013 N 4g/2-6454/13
*(7) ruling of the Moscow City Court dated September 27, 2013 N 4g/5-9578/13
*(8) appeal ruling of the Moscow City Court of 08/06/2013 N 11-25018/13
*(9) post. Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2

The employer transfers the employee to a non-vacant position, and after the expiration of the temporary transfer period, dismiss him due to the reduction, since his position has been reduced and previous job you can't give it to him.
The employer terminates the TD in connection with the reduction, and then you register an employee under a fixed-term employment contract to perform the work of an employee who is on parental leave.

The position of a part-time worker is not vacant

However, the agreement for the performance of additional work establishes obligations for the employer, from which he cannot refuse and, by virtue of which, he will not be able to offer this work to the reduced employee. In our opinion, these features should be taken into account in each particular 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 reduced employee those positions that correspond to his qualifications or are lower paid and lower.
The Labor Code gives a clear definition of the qualifications of an employee. It is understood as the level of knowledge, skills, professional skills and work experience of an employee (Article 195.1 of the Labor Code of the Russian Federation).

Nine answers to questions about job offers

TK RF)? ( Informational portal Rostrud "Onlineinspektsiya.RF", April 2016)). In case of exclusion from staffing position (profession) for which the employee is assigned to combine, the employer is not obliged to provide such an employee with the guarantees provided for in cases of reduction in the number or staff. It is enough to follow the procedure for canceling the 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 GARANT Koshechkina Natalia Quality control of the answer: Reviewer of the Legal Consulting Service GARANT Voronova 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 Encyclopedia of Solutions.

Career

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

60.1 TC RF). When combining professions, the employee is engaged in additional work during his normal working day. At the same time, 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 for positions that are not vacant?

My own lawyer

Before laying off an employee, by 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 many cases where there are difficulties in the field of correct interpretation of the law in the sense that it is very important to correctly understand what a vacant position actually is. For this, the legislation clearly describes the signs of a vacancy 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 employee being laid off. 2. This position is not lower paid or lower in position.
3. The employee, for health reasons, has the opportunity to perform this work. 4. The job suits the employee by location.

Vacancies in case of staff reduction

The Labor Code of the Russian Federation also established that when taking measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position). Neither the Labor Code of the Russian Federation, nor other federal laws and regulatory legal acts contain a definition of a vacant position. Many experts believe that a vacant position is one for which no 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 manager of the branch acted as the resigned head of the branch for two months.
St. Petersburg City Court dated 10/15/2013 N 33-16070/2013, determination of the Krasnoyarsk Regional Court dated 06/27/2011 N 33-5658/2011, determination of the Tula Regional Court dated 02.02.2012 N 33-309, determination of the Lipetsk Regional Court dated 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 the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment. Additional work assigned to the employee for another professions (positions) can also be carried out by combining professions (positions) * (1). In this case, the combination of professions (positions) and other types of additional work listed in Art.

Also, employers should be aware of the need to offer the employee all vacant positions, including a lower position or a lower-paid job, for which, in the opinion of the employer, the employee will not agree. Judicial practice confirms that since this obligation is enshrined in law, its violation due to the belief that the employee will refuse the proposed position may lead to the recognition of the dismissal as unlawful (appellate ruling of the Moscow City Court dated 06.08.2013 No. ). Where to offer vacancies? The employer must offer suitable vacancies available to him in the given area.

The obligation to offer suitable positions in other areas arises only if it is fixed by a collective agreement, agreements or an employment contract.

Is the position held part-time vacant

If any new positions become vacant, they must also be offered to the employee being laid off. 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 for the warning period to expire. The employer is obliged to say that the vacant positions are those that are now vacant, and to offer them, otherwise the transfer may be recognized as forced by the court, which means that actions of an illegal nature may be committed on the part of the employer.
The employer has the right, but is not obliged to terminate the employment contract with a part-time worker in case of hiring the 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 employment contract (Article 60.1 of the Labor Code of the Russian Federation). At the same time, some courts point out that if there is a part-time job for 0.5 positions in any position, the remaining 0.5 free positions are considered vacant (determination of the St. Petersburg City Court dated April 13, 2011 No. 2011).

When combining a position without concluding an employment contract, it is also not vacant, since work is performed and wages are paid for it (determination of the IC in civil cases of the Kostroma Regional Court of February 13, 2012 No. 33-36).

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

Let's agree on terms

Translation is a permanent or temporary change labor function 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 an employee's access to state secrets if the work performed requires such a permit (clause 10, part 1, article 83 of the Labor Code of the Russian Federation);

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

- In case of disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract (clause 8, part 1, article 83 of the Labor Code of the Russian Federation);

Upon expiration, suspension for more than two months, or depriving an employee of a special right if this entails the impossibility for the employee to fulfill the obligations under the employment contract (clause 9, part 1, 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 fulfilling obligations under an employment contract restrictions on engaging in certain types of work(clause 13, part 1, article 83 of the Labor Code of the Russian Federation);

At the employee has a medical certificate, according to which he needs to be transferred 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 the appropriate grounds is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. At the same time, the law indicates that the employer must offer both a vacant position or a job corresponding to the qualifications of an employee, and a vacant lower position or a lower-paid job 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 given area.

Note!

The law says that in the situations under consideration, the employer must offer vacancies, taking into account the qualifications of the employee, as well as vacancies that require 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 during the transfer it is impossible to assign probation. So, alas, there will be no opportunity in practice to check whether the employee will cope with the new assignment.

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 reduced should be offered as vacant positions that are retained by other employees due to the requirements of the law.

It seems more logical that only such positions are vacant that are not occupied by duly registered employees.

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

When appealing the dismissal, the employee indicated that he was not 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 reduction in staff, the employer is not obliged to offer employees temporarily vacant positions (see the appeal ruling of the Moscow Regional Court dated November 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 determining jobs to which a transfer can be offered upon reduction. Separate judgments indicate that the employer should have offered the employee to be made redundant a transfer to a "temporarily vacant" position. However, this approach is contrary to labor legislation and the essence of labor relations.

After all, upon dismissal, for example, on a reduction, 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 loses these guarantees. Moreover, a difficult situation arises for the personnel officer. Temporary transfer(and here we can only talk about him) implies the preservation of the former place of work and the possibility of returning to it. But in this case, it's just not possible. 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 from Rostrud on this issue, but there are documents that indirectly confirm the position "a vacancy is a free position."

So, in the order of the Ministry of Health and Social Development of Russia dated July 3, 2006 No. 513"About approval administrative regulations Federal Service on labor and employment on the provision of public services to assist citizens in finding suitable job, and employers in the selection of the necessary workers " the concept of "vacant positions" is used in the meaning of "vacant jobs" for which employees can be accepted.

The same approach can be seen in the following the answer of the representative of Rostrud:

“Question: an employee went on vacation with subsequent dismissal. Is it possible to take a permanent employee in his place from the first day of vacation? Is from this day workplace vacant?

Answer: the organization can accept a new employee in place of the one who went on vacation with subsequent dismissal only at the end of the vacation former employee, but you can conclude a fixed-term employment contract for the duration of the 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, a place (position) was retained for him. In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are provided annual leave with the preservation of the place of work (position) and average earnings.

Thus, the position of an employee who, in accordance with the established procedure, has exercised 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 one has not yet been fired, but it is possible to conclude a fixed-term employment contract for the duration of the vacation.

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

Fedorova E.E.,

labor law expert, lecturer .

Is it possible to leave vacant positions in the staff list?

– Yes, you can.

How often do staffing changes need to be made?

- Anytime you need it.

Is it possible to indicate positions in the staffing table for foreign language?

- No you can not.

The staffing table is a convenient tool for the employer. In accordance with this document, hiring and transfers are made, salaries and positions are changed, and staff is reduced. When should staffing be adjusted? How to do it right? Should employees be made aware of the changes to this document?

We draw up a staffing table

The staff list lists units, job titles, the number of staff units for them, sizes official salaries and possible bonuses. You can not specify the period of validity of the staffing table and apply it throughout the entire activity of the company until changes and additions are made to it.

When developing the staffing table, you can use the unified form No. T-3approved by Decree of the State Statistics Committee of Russia No. 1 or approve another form in the organization that will contain all 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 specifies not specific workers, and the number of positions in the organization and salaries for them. In order to fix exactly which of the employees holds which positions, as well as to mark vacancies, periods of prolonged absence from work and temporary replacement, they make up the staffing. To do this, it is convenient to use the staffing form No. T-3, including the columns “Surname and initials”, “Information about the employee” in it.

How to indicate positions in the staffing table

The staff list 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 inconsistency in their interpretation, since there is no established list of abbreviations. Do not set different salaries for the same positions in the staffing table. Enter the differences in the names and official duties by them.

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 specifics of the work of many organizations is associated with the seasonal involvement of employees. In the event that urgent contracts are concluded with additional employees employment contracts, this can be reflected in the staffing table. To do this, issue an order by which increase the number of units for the relevant 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 reflect this information in the "Note" column.

Personnel changes to be reflected in the staffing table

How to make changes to the staffing table

By 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:
- an order to amend the current staffing table. At the same time, the planned changes are listed in the text of the order itself;
- an order to approve the new staffing table.

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

The order to amend is drawn up 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

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

Fixing the error

	How to
The employer has set several positions in a foreign language in the staff list: a web developer, an IT specialist, a PR manager.	Personnel records management must be conducted in Russian (part 1 of article 3 federal law dated June 1, 2005 No. 53-FZ, clause 6 of the Rules approved by Resolution No. 225).
What happens if…
If the employer, on the basis of the staffing table, contributes to work books employees of the job titles in a foreign language, he can be held administratively liable for violation of the norms labor law in the form of a fine of up to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Remember the main thing Experts who took part in the preparation of the material note Galina Dugina - lawyer, candidate of pedagogical sciences, expert of the magazine "Kadrovoe delo" The employer himself decides for what period to draw up a staffing table. As a rule, it is issued for one year, and then a new one is approved. The staffing can be indefinite - to operate throughout the entire activity of the company. Ekaterina Arakcheeva - Director of the State Budgetary Institution of the Moscow City Legal Center "Protection" (Moscow) Due to the need to rename structural divisions or positions, changes in salaries, reduction in 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 order of the head. Nadezhda Senatorova - Head of the Department of Legal and HR Support of CJSC KIA Systems (Moscow) The dates of approval and implementation of the new staffing table may not coincide. For example, when conducting large personnel changes. In this situation, the personnel department may be given a time period to complete all the necessary paperwork for the rotation of personnel. Documents must be prepared by the date the new staffing table comes into effect. Editorial staff of the magazine "Personnel business"

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