How job descriptions are written. Who should develop job descriptions. Who and why reads job descriptions, or goals, tasks, functions: from general to particular

Not all employers feel they need job descriptions. This is due to the features legislative regulation. Unfortunately, the organization begins to apply such acts regulating the labor functions of employees only when there are problems with personnel or inspection bodies.

We immediately determine that the mandatory presence in the organization job descriptions in 2018, labor legislation is not established. Thus, the employer has the right to independently decide on their development and approval. In doing so, the company should take into account that in relation to the description labor function, the presence of which is prerequisite employment contract, the content of the job descriptions of employees duplicate it.

At the same time, it should be noted that the purpose of job descriptions in 2018 is much broader. They regulate the organizational and legal status in the organization for each position, which is provided for by the current staffing enterprises, as well as qualification requirements for it. In addition, the document establishes the labor duties of the employee, his rights and responsibilities at this workplace. Universality and coverage of many issues make these regulations an important component of work. But not everyone knows how to put them into practice without errors.

The development of job descriptions makes it possible to clearly delineate duties and rights between employees both within one structural unit and within the entire commercial organization. Their use ensures effective interaction within labor collectives, as well as between departments.

Theme of the issue

Also read about when the court will not allow dismissal for absenteeism, how to detain an employee who wants to quit, and how to return the money spent on an apartment.

Step-by-step instructions for developing job descriptions in 2018

Step 1 Analyze the regulatory documents that establish the requirements for the qualification of an employee.

Determine the category of the position using All-Russian classifier, industry qualification reference books or professional standard, if it is approved for specialists in this profession, as well as professional standards, if they are accepted for this position.

Step 2 Extract the necessary information from the documents.

Take the list of qualification requirements for the position from the sections "Qualification requirements", "Tariff and qualification characteristics", professional standard.

Step 3 Prepare the administrative documentation and check the order of its application.

The order in which an employee is appointed to a position and removed from it is determined in accordance with the procedure for filling positions that is established administrative documents or LNA (local regulations) of your enterprise. The documents on the basis of which the activities of the position are regulated, as a rule, include the charter of the enterprise, the internal labor regulations of the organization, the employment contract with each employee, job descriptions of employees, regulations on the unit, other LNA organizations.

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Step 4 Review the job hierarchy in the organization.

Determine subordination by position in accordance with the hierarchy established by the staffing table and the structure of the unit.

Step 5 Determine the substitution order.

Determine the procedure for replacing an employee in case of his absence in accordance with the procedure for appointment and dismissal.

Step 6 Define a list of responsibilities.

Scroll official duties when developing a job description, it is necessary to draw up taking into account the relevant sections of the qualification handbooks, as well as the functionality that is established by the professional standard for a specialist of this qualification. Responsibilities must be adjusted to suit the particular workplace and production conditions.

Step 7 Find out the permissions of the employees.

In the "Rights" section, specify the powers that will be assigned to this position and that are necessary for the effective performance of assigned labor duties.

Step 8 Set the area of responsibility.

Responsibility, fixed by a standard job description, is established in accordance with federal laws and local regulations of the enterprise. For a position that involves the signing of an agreement on liability, indicate specifically what kind of liability will be provided for violation of the provisions of this agreement. In this section of the job description in 2018, it is possible to establish evaluation criteria that will determine the degree to which the employee fulfills his duties and uses his rights.

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This document refers to the internal mandatory acts regulating the activities of the enterprise. Such instructions usually regulate the features of management, reporting, ensuring and coordinating the activities of employees. Therefore, one should not forget about the general job description rules.

Peculiarities

Modern office work requires the preparation of consistent and consistent local acts. They are designed to achieve three goals:

create an organizational and legal basis for employees;
increase the level of responsibility;
increase labor productivity.

Each sample drafting job description has its own nuances. At the same time, the law does not establish any uniform rules.

This legal act should successfully fulfill the following tasks:

rationally distribute duties between employees, taking into account their level of qualification, knowledge, labor productivity and other characteristics;
ensure timely control over the quality of performance of labor duties;
determine the rights of all parties;
give specific criteria for assessing the quality of work.

Job descriptions are usually developed by managers structural divisions firm based on the functions performed by the employee and the internal rules of the company.

Job description requirements

The document in question is a local regulatory legal act, therefore it has its own specifics. It is issued in three copies:

1st - transferred to an employee of the personnel department and attached to the staffing table;
2nd - remains with the head of the structural unit, since it is his responsibility to control the quality of work;
3rd - give to the employee of the organization for whom the job description is intended.

The job description can act as an annex to the employment contract or be published separately. If necessary, the content will be agreed with the trade union.

Here are the main requirements that you need to consider in the process of drafting the text:

unambiguity - information should be presented in such a way that there are no ambiguous interpretations;
information capacity;
persuasiveness - phrases must be convincing and logically justified;
coverage of all major issues related to the activities of the employee.

What to include in a job description

According to generally accepted formats, the document should disclose all issues that relate to the work of an employee. When preparing the content, we recommend that you be guided by the Decree of the Ministry of Labor No. 37. This is a Qualification Directory of Positions containing General characteristics for all of them. The text only needs to be adapted for specific organization.

How to write a job description: stages

Depending on the complexity of the document, it can be drawn up by the heads of departments or directly by the heads of organizations. This procedure may be required:

if a new branch or division is opened;
when administered new position;
when changing job functions.

Based on the rules established by state standards, the following details should be present in the [instruction]:

the name of the enterprise - indicate in full in accordance with the constituent documents;
date of approval;
registration extension number;
a stamp that gives legal significance;
a mark on the presence of an application - put in the presence of such a condition in it, when the job description is an annex to individual administrative documents;
manager's visa - includes the position and name of the department of the enterprise. It is located below the signature.

At the first stage of document execution, a preliminary version of the content is prepared, taking into account.

In the last issue of the "Handbook of Personnel Officer" we discussed the "pros" and "cons" of an employer having job descriptions * This article will be relevant for those who decide to develop and approve job descriptions in their company or check the relevance of already approved ones, make the necessary changes to them or correct past mistakes.

The procedure for compiling a job description is not provided for by regulatory legal acts, and each employer independently decides who develops it, how to draw up this document, what to include in it and how to make changes.

So, the employer can prescribe the procedure for developing, agreeing and approving job descriptions in the Instructions for HR Records Management or even in a separate local regulatory act of the company, for example, in the Regulations on Job Descriptions ( Attachment 1).

Who in the organization is responsible for developing and compiling job descriptions?

In practice, the preparation of job descriptions is carried out by:

or a personnel management department with the participation of specialists from specialized recruitment or consulting agencies (in large companies);
or the personnel department with the involvement of the heads of the relevant structural units (in medium-sized companies);
or heads of structural divisions in relation to their subordinates (medium-sized companies);
or an HR specialist (in small firms).

Sometimes drawing up job descriptions for everything positions personnel are doing. In our opinion, this approach is wrong in principle, since the job description is developed, among other things, in order to distribute responsibilities between employees within a particular structural unit. And the head of such a unit is best able to cope with such a task. The tasks of the personnel officer may include organizing the process of drafting job descriptions, supporting the stages of preparing draft instructions, assisting drafters in drafting instructions, coordinating prepared projects with interested officials, drawing up and submitting the final version for approval to the head.

FORM OF JOB INSTRUCTIONS

In the All-Russian classifier of management documentation (OKUD) OK-011-93, approved. Decree of the State Standard of Russia dated December 30, 1993 No. 299, job description ( application 2) is assigned to the class of the unified system of organizational and administrative documentation (code 02), subclass "Documentation on the organizational and regulatory regulation of the activities of an organization, enterprise" (code 52), its registration number is 051, the control number in OKUD is 9.

A unified form, in accordance with which the job description is being developed, has not been established by regulatory acts. When preparing a job description and making changes to it, the requirements of the State Standard GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork”, put into effect by the resolution of the State Standard of Russia dated 03.03.2003 No. 65-st (Rostrud letter dated 10.31.2007 No. 4412-b).

For example:

regulations are developed for the entire company and its structural divisions, to which job descriptions of the head of the company, his deputies and heads of structural divisions are attached;
job descriptions are developed for ordinary employees and specialists;
for working professions - tariff and qualification characteristics, since the presence of a job description in this case is not provided (decrees of the Ministry of Labor of Russia of July 16, 2003 No. 54, of November 10, 1992 No. 31).

What exactly the job description will be called does not matter in this case. Such a conclusion follows from the letter of Rostrud dated November 24, 2008 No. 6234-T3. Meanwhile, for employees filling certain positions, it is advisable to draw up and approve “job descriptions”, and for the professions of workers, the terms “ work instruction”, “production instructions”, “professional instructions”.

There are no mandatory regulatory requirements for the structure and content of the job description. Typically, a job description includes the following main sections.?

Section 1 "General Provisions".

It contains the official title of the position according to the staff list, the name of the structural unit to which this position belongs according to the organizational structure of the company, the procedure for appointing and dismissing a position, filling a position during the temporary absence of an employee, as well as general legal and methodological documentation, internal local regulations company and its organizational and administrative documents (charter, orders, instructions, etc.) necessary for professional activity official.

Note! On September 1, 2013, the Federal Law of December 29, 2012 No. 273-FZ “On Education in Russian Federation»

Section 2 "Requirements for qualifications, knowledge."

Provides requirements for the level of necessary vocational training(in particular, to education, qualifications) and to the required work experience. When preparing this section, it is advisable to take into account the norms of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”. This section also includes the basic requirements for special knowledge, skills and knowledge, as well as knowledge of regulatory legal acts, methods and means that a specialist must be able to apply in the performance of official duties.

For example, according to paragraph 4 of Art. 7 federal law dated 06.12.2011 No. 402-FZ “On Accounting” from January 1, 2012 the chief accountant or other official who is entrusted with maintaining accounting in open joint-stock companies(except for credit institutions) must meet the following requirements:

have higher professional education;
have work experience related to accounting, preparation of accounting (financial) statements or audit activities for at least three years out of the last five calendar years, and in the absence of a higher vocational education in the specialties of accounting and audit - at least five years out of the last seven calendar years;
not have an unexpunged or outstanding conviction for economic crimes.

These requirements must be provided for in this section of the job description of the chief accountant.

The same section specifies the requirements for special rights (for example, access to state secrets, etc.) that are necessary for work in a position and are enshrined in regulations.

What is the importance of competently compiling the first two sections of the job description?

The correct compilation of sections 1 and 2 depends, for example, on the rationale for refusing to hire an applicant due to his inconsistency with the required business qualities, as well as the rationale for different sizes official salaries for positions with approximately the same set of functions, but different levels qualifications.?

Section 3 "Responsibilities".

Includes a detailed list of job responsibilities of the employee holding this position. The section describes in detail the specific types of work, each operation that makes up the performance of the labor function, as well as the timing of their implementation.

We develop job descriptions for employees of the economic service and accounting. Is it enough to indicate in the job description a specialist in international financial reporting responsibility for the preparation and submission of reporting documents? What operations and types of work can be provided for in the job description of an accountant employed in the VAT area?

We believe that when compiling the job description of an IFRS specialist, it is not enough to indicate only the fact that he forms international financial statements. This also needs to be specified:

1) in what standards such reporting is prepared - IFRS, IFRS, US GAAP, UK GAAP, etc.);

2) using what computer accounting systems this reporting is generated - SAP, 1C, Excel, Hyperion, etc.

In addition, it is also necessary to fix that an IFRS specialist is obliged to participate in the preparation of the final annual set of financial statements of the company and, if necessary, in the formation of management reports.

The job description of an accountant (VAT section) may provide for:

work in the accounting program;
checking the correctness of VAT calculation;
control of VAT deductions;
maintaining separate VAT records and checking the correctness of the distribution of VAT on taxable and non-taxable transactions;
daily filling of the register of received and issued invoices, purchase books and sales books;
preparation of invoices within five calendar days from the date of shipment of goods (performance of works, provision of services) or from the date of receipt of advance payments on account of the forthcoming shipment of goods (works, services);
formation of VAT return indicators by the 10th day of the month following the reporting quarter;
submission of a VAT tax return for approval and signing to the chief accountant before the 15th day of the month following the reporting quarter;
submission of VAT tax returns to the Federal Tax Service Inspectorate before the 20th day of the month following the reporting quarter;
quarterly reconciliation of VAT calculations with the IFTS;
preparation of responses and selection of documents requested by the Federal Tax Service Inspectorate within the framework of cameral and tax audits;
analysis of the total amount of VAT for the tax period and comparison with the approved budget of income and expenses;
selective verification of the sale of preferential goods subject to VAT at a rate of 10%.

When filling out section 3, you should use the Qualification Directory for the positions of managers, specialists and other employees, approved. Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37, as well as the All-Russian classifier of occupations OK 010-93, approved. Decree of the State Standard of Russia dated December 30, 1993 No. 298 (see letter of Rostrud dated April 30, 2008 No. 1028-s).

By the way

Some employers provide in the job descriptions a separate clause establishing the obligation of the employee holding this position (applicant for the position) to be tested on a polygraph (lie detector).

Polygraph - technical means, intended for vowel synchronous registration in the process of questioning a person of the parameters of his physiological processes (including respiration, cardiovascular activity, changes in the electrical properties of the skin, motor activity and other processes) and allowing you to present the results of registration in analog and (or) digital form. The possibility of polygraph testing is not regulated by law, and it can only be carried out with the consent of the employee (applicant for the position). Any coercion is a violation of constitutional human rights.

The Labor Code of the Russian Federation also does not contain norms that allow or prohibit the use of such a device when working with personnel. Therefore, if the employer decides to use this expensive study, then the procedure and conditions for using the polygraph must be provided for in the local regulatory act. This document must include the following provisions:

polygraph testing is carried out regularly to check current work employees (in the process of annual certification, etc.) in order to identify unscrupulous employees, as well as for better selection of applicants for the relevant position;
polygraph testing is carried out exclusively on a voluntary basis with the written consent of the employee (applicant for the position) in each specific case;
refusal of an employee from testing on a polygraph is not a basis for applying disciplinary measures to him (refusal of an applicant from testing cannot serve as a reason for refusing to conclude an employment contract);
polygraph testing should be carried out in compliance with the rights and freedoms of man and citizen established by the Constitution of the Russian Federation, in accordance with the principles of legality, humanity, scientific character and confidentiality. When testing on a polygraph, a polygraph examiner is not entitled to ask questions related to military, state, medical, trade secret, as well as questions about racial, religious, political beliefs and intimate life (Article 19 of the Constitution of the Russian Federation).

The developed draft Federal Law No. 478780-5 "On the use of the polygraph" is currently being sent for revision due to the need to obtain an opinion from the Government of the Russian Federation. If this law is adopted, employers will have more rights to use the polygraph when working with personnel. So, according to Art. 12 of the bill, refusal to interview using a polygraph of persons falling under Art. 9 of the draft law, is the basis for refusing to enter a job (service) or to allow them to perform their labor (official) duties, with the exception of cases specified in article 7 of the draft law.

Until changes are made to the legislation, it is unacceptable to provide in the employee's job description for his obligation to undergo a polygraph test.

Sometimes the following conditions are included in the additional section of the job description “Rights and Responsibilities”:

"for the purpose of using corporate Email strictly for the purpose and suppression of personal correspondence from a corporate address, as well as in order to obtain urgent information from counterparties in the absence of a specialist at the workplace, the head of a specialist has the right to check the corporate e-mail of a specialist using forwarding”;
“In order to control the quality of service for counterparties, prevent the theft of the employer’s property, prevent bad faith in the performance of official duties by a specialist at his workplace, in corridors, smoking rooms, eating rooms, toilets, audiovisual control means (CCTV cameras, wiretapping) are used” .

Reading email. According to par. 6 art. 209 of the Labor Code of the Russian Federation workplace directly or indirectly controlled by the employer. In addition, Art. 23 of the Constitution of the Russian Federation establishes that everyone has the right, in particular, to privacy, the secrecy of correspondence, telephone conversations, postal, telegraphic and other communications. However, reading by an employer of a specialist’s e-mail cannot be qualified as violating the requirements of the Constitution of the Russian Federation, since the computer on which the correspondence is conducted is the property of the employer, and it should be used by the employee only to perform work duties. Therefore, the receipt by the employer of personal information from the work computer of a specialist will not be a violation of the law. Therefore, the condition of the job description on checking by the head of the specialist of his corporate e-mail using forwarding is acceptable.

Audiovisual control. Video surveillance should be limited only to the workplace (Article 23 of the Constitution of the Russian Federation, paragraph 6 of Article 209 of the Labor Code of the Russian Federation). This can be provided for in the job description. In other places (corridors, smoking rooms, etc.), video surveillance is allowed only in order to ensure the safety of their employees (Article 212 of the Labor Code of the Russian Federation).

It must also be borne in mind that the use of video recordings as evidence of being late or absent from the workplace is not enough, since it is impossible to apply a disciplinary sanction only on the basis of recording from surveillance cameras. Article 193 of the Labor Code of the Russian Federation obliges to have documentary fixation of disciplinary violations (an act of absence from the workplace, a memorandum, a written explanation of the employee or an act of refusal to give explanations).

Phone tapping is prohibited, since such actions of the employer violate the secrecy of telephone conversations (Article 23 of the Constitution of the Russian Federation). The exception is cases when it is necessary in order to protect the health, life and safety of their employees (part 3 of article 55 of the Constitution of the Russian Federation). Only in this way the rights of workers will not be infringed.

At the same time, companies providing various services have the right to provide in a local regulatory act for the need to record all telephone conversations between operators and customers in order to improve the quality of service for the latter and the normal functioning of the service. This is not prohibited by law. In this case, the entry in the job description of listening and recording all conversations between customers and operators is legal. In addition, the use of audiovisual control tools must be fixed in a local regulatory act and familiarized with it by employees against signature.

The tacit establishment of audio-video surveillance systems may entail bringing the employer to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. If the actions of the employer fall under the signs of a criminal offense under Art. 137 "Violation of privacy" of the Criminal Code of the Russian Federation, the GIT inspector will send the relevant information to law enforcement agencies.

Why is the information specified in section 3 of the job description necessary?

Note! The duties in the job description for all employees occupying the same positions must be the same. If this is not the case, then it is better to rename the positions

Section 3 is required:

to justify the inconsistency of the position due to insufficient qualifications identified by the results of certification, when transferring an employee to another job, as well as when dismissing an employee who did not pass the test;
to transfer the employee's powers for the period of his vacation, illness, business trip to a person temporarily replacing him;
for reasonable application of measures of disciplinary liability to the employee;
to account for certain types of expenses ( cellular, travel expenses public transport, compensation for the use of personal vehicles, etc.) for income tax purposes.

Section 4 "Rights".

Includes a list of the rights of the employee holding this position, and the procedure for exercising these rights.

For example, the right to use company resources to perform work duties, access to certain information, make decisions, obtain data necessary for work; the right to endorse certain types of documents; the right to control the execution of certain documents, the work of subordinates, compliance with labor discipline etc.

Section 5 "Responsibility".

Contains a description of the area of responsibility of the employee holding this position for the results and consequences of his labor activity, for the facts of failure to take timely measures or actions related to the duties of the employee. This section can list the groups of possible violations specific to this type of activity and include measures of criminal, administrative, material and disciplinary liability in accordance with the current legislation.

Management trading company is concerned about the problem of combating kickbacks - amounts tacitly paid to a person who makes a decision or influences a decision in a purchasing organization on the purchase of goods and (or) services by a representative of the supplier company offering these goods or services. Is it possible to somehow influence the situation by fixing the rules on responsibility in the job descriptions of "key" employees, for example, a commercial director?

These actions of officials fall under Art. 204 of the Criminal Code of the Russian Federation and legal language called "commercial bribery".

In this regard, in the job description, for example, a commercial director, it is necessary to provide for the risks of such abuses:

ensuring transparency of pricing and concluded transactions in accordance with the Company's Regulations on the procedure for analyzing agreements (contracts);
inadmissibility of purchases of goods at inflated prices;
the inadmissibility of closed agreements with partners' buyers for the purpose of paying unofficial fees ("kickbacks"), etc. If such facts are revealed, the employee is held liable in accordance with applicable law.

In addition to the main ones, the job description may include additional sections.

Section “Relationships. Relations by position.

Describes with whom and how the employee interacts internally and externally (internally - with the management of the company, with the head of the division, with other divisions; externally - with suppliers, buyers, clients, branches of the Pension Fund of the Russian Federation, the FSS of Russia, bodies of Rosstat, IFTS, GIT, etc.). as well as employee contacts between employees of the same and different departments).

In this section, it is advisable to establish the form, timing and frequency of submission and receipt by the employee of certain documents, including from counterparties, and reports according to the company's workflow schedule. This section is necessary for employees to comply with the workflow schedule.

Section "Rights and obligations of the head of the specialist."

Explains to the employee holding this position the duties and powers of his immediate supervisor.

Section "Results".

He must explain to the employee why this position is needed in the company, that is, what results the employee should achieve by certain actions. It is better to do this, even if the result of the employee's work cannot be expressed in numbers, percentages. The result can be, for example, the uninterrupted operation of a computer network, the absence of conflicts and complaints from customers and visitors, the absence of fines from tax authorities and extra-budgetary funds, etc.

Section "Evaluation of work efficiency (criteria for evaluating performance by position)".

Supplements the "Results" section and establishes criteria for evaluating the effectiveness of an employee's work, the success of his performance of work duties. Not in every case such a description is possible, but its presence helps in the future when material incentives worker. The presence of such a section can guarantee the employee an unbiased attitude towards him from the management and will make the assessment of his work transparent and understandable.

IN various companies different wordings of the main and additional sections of the job description may be used, but the content of these sections remains approximately the same.

ERRORS IN PREPARATION OF JOB INSTRUCTIONS

Job descriptions cannot include provisions that are contrary to current labor legislation. Let's look at the most common mistakes.

Mistake 1. In the job description, employers indicate the obligation of the employee to quit for certain reasons, including own will.

Rostrud in a letter dated November 30, 2009 No. 3520-6-1 “On the inclusion in the job description of a provision on the obligation to dismiss on certain grounds” clarified that the provision on the obligation to dismiss on certain grounds (including voluntarily) is not the subject of a job description , since it does not apply to the labor function of the employee.

Please note: if the employee's job description contains such a provision, then in case of challenging the dismissal in court, it will be easier for him to prove that the application of his own free will was filed under pressure from the employer. Remember that the court, when dismissing an employee of its own free will, is guided by clause 22 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, according to which the termination of an employment contract at the initiative of an employee is permissible only if the filing of a letter of resignation was his voluntary expression of will.

Error 2. The job descriptions provide for a system of penalties, in particular:

for leaving the workplace during working hours for a total of more than 30 minutes (excluding lunch time in accordance with the company's internal labor regulations);
for playing computer games during working hours at the workplace;
for eating, including chips and sweets, at the workplace;
for accessing the Internet for personal purposes;
for the use of players, other sound-reproducing equipment and devices;
for reading any literature that is not related to official duties;
for other activities (knitting, manicure, drawing, watching movies at the workplace, etc.) that are not directly related to the duties performed;
for being late for work or untimely appearance at work after the end of the lunch break;
for smoking directly at workplaces or in unspecified places at unspecified times;
for appearing at work without special or uniform clothes or for non-compliance with the corporate dress code, etc.

For violations of labor discipline, the employer has the right to apply only disciplinary sanctions - a remark, reprimand, dismissal of an employee on appropriate grounds (Articles 192 and 193 of the Labor Code of the Russian Federation). This is an exhaustive list of disciplinary sanctions, and there is no such punishment as a fine. In addition, the Labor Code of the Russian Federation prohibits deductions from wages (Articles 22 and 137 of the Labor Code of the Russian Federation), with the exception of some options for accounting deductions (writs of execution, unworked advance payment, unworked vacation, counting errors, etc.). Therefore, it is unacceptable to include such conditions in the employee's job description. If the labor inspectorate finds that the employer is fining employees, then the company may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (see the decision of the Ninth Arbitration Court of Appeal dated July 24, 2006, July 28, 2006 No. 09AP-7824 / 2006 in case No. A40-25961 / 06-92-189).

Error 3. The job description provides for the obligation of the employee to be in touch 24 hours a day.

Suppose that this is really necessary for the employer due to the specifics of his activities or because of the location of branches (contractors) in different parts of Russia and the world with other time zones. But regardless of the reasons for this need, the employee is not required to answer calls around the clock.

By establishing an obligation in the form of round-the-clock communication with the employee in the job description, the employer violates the employee's right to rest (paragraph 5, article 2, paragraph 6, part 1, article 21 of the Labor Code of the Russian Federation). Therefore, the presence of such a duty in the job description is illegal. Accordingly, if the employee does not answer the call during non-working hours, this cannot serve as a basis for his dismissal or otherwise. disciplinary action(Article 192 of the Labor Code of the Russian Federation).

An exception can only be the situation of establishing round-the-clock communication with an employee performing the functions of a consultant with flexible schedule work, but subject to the establishment in the employment contract of working hours not exceeding 40 hours per week (Article 91 of the Labor Code of the Russian Federation). But even in this case, the risks of a labor dispute cannot be completely excluded, since too frequent calls to an employee during the day can be qualified by the GIT inspector as a violation of the employee's right to rest.

Mistake 4. Establishment in job descriptions of deliberately inflated, "outrageous" production standards necessary for assessing labor activity.

In the job description of the operator on the phone in the section "Criteria for evaluating performance" as one of these criteria, "achievement of target 180 outgoing calls per day on the "hot" database of clients and 20 outgoing calls per day on the card index of "asleep" clients" with the corresponding simultaneous registration in computer program all outgoing calls made and the prompt transfer (during the working day) of the information received to the managers of the relevant departments. Similar criteria are used in the call centers of the head office and branches (operator centers, call centers, contact centers, integrated customer service centers) in order to establish the dependence of the amount of payment of the operator on the phone from the set total number of calls, as well as from the number of effective calls . Do such provisions of the job description violate the current legislation?

The establishment of an exorbitant number of phone calls per day, their computer processing and subsequent routing to managers means, firstly, that telephone operators are forced to regularly process, but this is not the only violation.

The work of a telephone operator, which is directly related to active verbal interaction, requires constant auditory control and, in addition to this, the processing of incoming information on a computer. The exorbitant number of calls that the operator can withstand leads to an excess of the sound pressure level at the workplace against the established maximum permissible standards, which is a violation of Art. 11, paragraph 2 of Art. 25, paragraph 2 of Art. 27 of the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological welfare of the population", paragraph 3 of Table 2 "Maximum permissible sound pressure levels, sound levels and equivalent sound levels for the main most typical types of labor activity and jobs" and clause 5.3.1 "SN 2.2.4/2.1.8.562-96. 2.2.4. Physical factors of the production environment. 2.1.8. Physical factors of the environment. Noise at workplaces, in the premises of residential, public buildings and in residential areas. Sanitary standards, approved. Decree of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation dated October 31, 1996 No. 36.

Therefore, we recommend that the employer, when determining the criteria for evaluating activities in the job description of the operator on the phone, set a reasonable number of calls per day (for example, up to 100 calls) that does not violate the requirements of sanitary rules and regulations.

Mistake 5. In the case of training an employee at the expense of the employer (we are talking about expensive training in MBA programs, obtaining an international IAB or DipIFR qualification, an English-language international ACCA or CPA qualification, etc.), employers often include in the job description:

or an unconditional obligation of the employee to fully work out the period established by the employment contract or training agreement, in case of payment for training by the employer;
or the provision that early dismissal of an employee (regardless of the grounds and reasons for dismissal) in case of payment for training by the employer is prohibited.

It is impossible to provide for such conditions either in job descriptions of employees, or in employment contracts or training agreements, since forced labor after training for a specified period is not provided for by law. The employer has the right only to collect tuition fees (see the rulings of the Moscow Regional Court of June 1, 2010 in case No. 33-10642, the Moscow City Court of September 26, 2011 in case No. 33-30833).

Part 4 Art. 57 of the Labor Code of the Russian Federation provides for the possibility of inclusion in an employment contract with an employee additional condition on the obligation to work after training for at least a certain period, if

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JOB INSTRUCTIONS: NUANCES OF DESIGN

In accordance with the All-Russian classifier of management documentation (OKUD OK 011-93), job descriptions are assigned to the group of documents of organizational and regulatory regulation of the enterprise. They are part of a unified system of organizational and administrative documentation, i.e. a set of documents that fixes the issues of management, interaction, support and regulation of the activities of individual officials or categories of officials.

Modern office work defines the job description as a written organizational and regulatory document that clearly regulates the issues of management, interaction, reporting, ensuring and regulating the activities of a particular official of the enterprise and establishing the procedure for the use by these persons in their activities of both the provisions of the relevant legislative acts and the internal regulations of the enterprise (orders, instructions, etc.).

Properly developed, coordinated job descriptions provide:

Rational division of labor between employees of the enterprise;

Uniform "loading" of workers;

Optimal distribution of work (tasks, instructions) between employees, taking into account the qualifications of the latter and depending on their complexity;

Possibility of timely and effective control of employees;

Understanding by employees of their responsibility for specific duties.

In addition, the presence of a job description significantly accelerates the training of newly hired employees, as well as employees of the enterprise transferred to new positions.

very important hallmark job description is its close relationship with documents related to other groups of documentation - in particular, with an employment contract, as well as with documents for the execution of disciplinary sanctions. An employment contract may itself contain the main provisions of the job description, and many managers are content with just this document. However, if in the employment contract, when describing the duties of the employee, there is a reference to the fact that he can be entrusted not only with the duties expressly specified in the contract, but also with others referred to his competence by the job description and other local regulations, in this case, the presence of an official instructions in the enterprise documentation system are a must. In case of labor disputes (both resolved within the enterprise and in judicial order) when determining the degree of guilt in committing a disciplinary offense, among other things, as a rule, it is taken into account how fully and accurately the employee complied with the relevant provisions of the job description.

The job description, being a local normative act of the enterprise, implies the existence of specific requirements for the content, structure, presentation style and design. The most important requirements for the content of the job description are clarity, information capacity and persuasiveness. At the same time, the clarity of the content is achieved by its extremely precise formulation of both individual sentences and the entire text as a whole. The information capacity of the content is ensured by including sentences in the text that combine the minimum number of vocabulary units with the maximum semantic load. As for the persuasiveness of the content, the fulfillment of this requirement in relation to the job description depends primarily on how consistently its semantic components are located in the text and how logically the construction of the entire text of the document looks.

As a basis for preparing the content of the draft job description, it is recommended to use the relevant provisions of the Qualification Handbook of Employee Positions, adapting them to the specific operating conditions of the enterprise and the relevant structural unit.

There are also generally accepted formats for job descriptions. IN general case The job description should cover the following issues related to the employee’s activities as concisely, unambiguously and clearly as possible:

The name of the position and its place in the organizational structure of the enterprise;

Tasks assigned to the employee;

The status of the employee, the procedure for his appointment to the position and dismissal from the position;

Basic qualification requirements for an employee;

Basic requirements for an employee in relation to special knowledge, provisions of legislative and other regulatory legal acts, etc.;

Labor functions assigned to the employee;

Types of work or operations performed by the employee within the framework of the functions assigned to him;

Basic requirements for labor protection, the observance of which is mandatory for the employee;

The powers of the employee, their brief description;

The relationship of the employee with other officials of the enterprise;

Measures of responsibility, the application of which is provided for in relation to the employee in connection with the failure to perform or improper performance of his labor functions;

The procedure for making changes and additions to the job description.

Preparation of job descriptions

The composition of the details of the job description in accordance with the requirements of Sec. 2 GOST includes:

Name of the document type;

date of the document;

Registration number of the document;

Place of compilation or publication of the document;

Document approval stamp;

Title to the text;

Document text;

A mark on the presence of the application;

Signature;

Document approval stamp;

Visa document approval;

A mark on the certification of a copy of the document;

A note about the performer;

Identifier electronic copy document.

The name of the organization - the author (developer) of the document must be indicated in full, in strict accordance with the name fixed in its constituent documents. Let us clarify that the names of organizations that are under the jurisdiction of the constituent entities of the Russian Federation, which, along with the state language of the Russian Federation (Russian), have their own state language, must be indicated in both languages.

Directly above the full name of the organization-author (developer) is indicated the abbreviated or, in the absence of such, the full name of the higher organization (governing body (authority)) (if any). The abbreviated name of the organization-author (developer) is indicated in cases where it is enshrined in its constituent documents.

The name of a separate structural unit of the organization - a branch, a territorial office, a representative office, etc. - is indicated if it is the author (developer) of the document.

The name of the type of document must correspond to the types of documents provided for by OKUD (class 0200000 - "Organizational and administrative documentation"). The job description code as an element of organizational and administrative documentation is 0253051.

The name of the type of document is located one or two lines below the last line of the "Name of organization" variable. To display the name of the type of document, a font in bold and (or) capital style can be used: JOB INSTRUCTIONS (JOB INSTRUCTIONS).

The date of the document is a requisite in which the time of approval, signing, etc. of the document is recorded. In the case we are considering, this is the date of approval of the job description (see below for the approval of the document and the corresponding details). The date of the document is indicated immediately after its approval by an official with the appropriate authority. The date of the document is located one or two lines below the requisite "Name of the type of document", taking into account the type of form on which the job description is issued.

The registration number of the document is the number assigned to it in accordance with the rules for registering documents in the organization. Let us clarify that the registration number of the job description, in addition to the serial number assigned to the document as part of the functional subgroup (the subgroup of instructions as part of the organizational and regulatory documentation group), may also include other conventional digital designations, such as: case index (in which it is supposed to store the control a copy of the job description) according to the nomenclature of affairs of the organization, the symbolic letter designation of the name of the type of document, information about the executor of the document, etc. The registration number of the document is supplemented symbol number "N" and is indicated on the same line with the requisite "Date of the document" (to the right of the last one) immediately after the approval of the draft job description - with receipt for registration, taking into account the type of form on which the job description is issued.

The place where the document was drawn up is indicated if it is not possible to determine it by the "Name of the organization" variable - for example, if the name of the organization does not contain the relevant information. On the contrary, from the name "Non-state educational institution"Tver Center for Children's Creativity" it follows that the place of preparation of the job description is the city of Tver, and, therefore, in this case there is no need to use this requisite when processing the document.

The place of compilation or publication of the job description is indicated in accordance with the accepted system of administrative-territorial division, while for legal entities the place where the document was drawn up, as a rule, is the place of its location, determined by the place state registration(according to the so-called legal address) organizations. Names settlements, indicated as the place of preparation of the job description, if necessary, can be supplemented by generally accepted abbreviations.

The approval stamp of a document is a requisite that gives a normative or legal character to its content. In general, the job description approval stamp includes: the word I APPROVE (in capital letters, without quotation marks), the title of the position of the person authorized to approve the job description, the signature and decoding of the signature (initials, surname, and also the date of approval, drawn up in accordance with the above rules, but more often in a verbal-numerical way). With regard to job descriptions, the use of such an approach is justified if it is necessary to simultaneously put into effect more than one job description. In addition, the orders of higher organizations (management bodies (authorities)) may approve the job descriptions of the first persons (heads) of organizations holding a subordinate position in relation to these organizations (bodies).

The document approval stamp is located in the upper right corner of the front side of the first (title) page of the job description.

The title to the text should briefly and accurately reflect the content and functional purpose of the document. The title to the text of the job description must be consistent with the title of the document and is usually formulated in the genitive case (for example, "accountant's job description").

The heading to the text is located one or two lines below the requisite "Place of the document". When placing the details, the type of form on which the document was executed is taken into account.

The text of the job description contains the main semantic content of the document. In accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation, the text of the job description may be drawn up in the state language of the Russian Federation or in the state languages of the constituent entities of the Russian Federation.

As noted earlier, for a job description, the most typical presentation of its main semantic content is in the form of a coherent text, which is grammatically and logically consistent information about the powers, relationships and responsibilities of the corresponding official (category of employees). When including tables in the text of the job description, you should:

Provide columns and rows of the table with headings expressed by nouns in the nominative case;

Match the subheadings of columns and rows in the table with headings.

The main elements of the structure of the text of the job description - sections - must have names and numbering made in Roman numerals. To display the titles of the sections, the font in capital style can be used: GENERAL PROVISIONS. Dots are not used at the end of headings.

Paragraphs and subparagraphs do not have names and are numbered in the corresponding sections with Arabic numerals.

If the job description is developed on the basis of (in pursuance of) documents (for example, organizational and administrative) of other organizations (management bodies (authorities)) or previously issued documents (for example, a standard job description), then this should be mentioned in the text.

The text of the job description is located one or two lines below the last line of the "Title to text" props, justified. When the text of the job description is located on two or more pages, the latter, with the exception of the title (first), are numbered. The pages of the document are numbered in ascending order in Arabic numerals. Page numbers are indicated in the middle of the top margin. Dots after the numbers indicating page numbers are not put.

The mark on the presence of an application is used when drawing up a job description in the following two cases:

1. The job description, which performs the function of the main document, has an application (applications). If the application (applications) to the document is mentioned in the text of the job description, then the mark of the presence of the application is made one or two lines below the last line of the "Text" attribute, for example, as follows: "Application: 3 sheets. in 1 copy. ".

If the job description has an appendix that is not mentioned in the text, then a note of its presence is drawn up as follows: "Appendix: a schedule for bypassing and inspecting a protected facility for 1 sheet in 1 copy."

A note about the presence of an application, which, in turn, has an application, is drawn up as follows: "Application: a schedule for bypassing and inspecting a protected object and an application to it, only 2 sheets."

We also note that the applications in the document must be signed by the executors (developers) of the applications or their immediate superiors (heads of the structural units in which certain applications were developed). The signature (signatures) under the application is drawn up in accordance with the rules provided for the registration of the "Signature" requisite (see below).

2. The job description is an annex to another document, for example, an organizational and administrative (order), in accordance with which it is approved and (or) put into effect. In this case, the corresponding mark is located in the upper right corner of the title page of the job description.

The mark includes the word "Application", separated from it by a space, the sign "N", supplemented through a space with an Arabic numeral indicating the serial number of the application, the name of the type of document to which the job description is attached, its date and registration number.

To display the mark, as provided by GOST, a font in capital style can be used: APPENDIX. It is allowed to center this word, as well as the name of the document, its date and registration number relative to the longest line of the attribute within the zone of its location.

Signature - the details of the document, which is a duly executed handwritten signature of an authorized official. The elements of this requisite, in addition to the handwritten signature (personal signature), are: the name of the position of the person who signed the document (full if the document is not issued on a letterhead, and abbreviated on a document drawn up on the corresponding form), as well as a transcript of the signature, including initials and surname the person who signed the document.

The signature is located one or two lines below the last line of the attribute "Mark of the presence of the application."

Document approval stamp - a requisite expressing the consent of an organization that is not the author of the document with the contents of the latter. This requisite is used only in cases where the draft job description, for one reason or another, is subject to external agreement with interested parties, including in order to assess the validity of the content of the project, its compliance with legislation, regulations and management decisions previously adopted by the relevant organizations (management bodies (authorities)).

The approval stamp of the document includes the word AGREED (without quotes, in capital letters), the name of the position of the person with whom the agreement is being made, including the name of the organization whose interests this person is authorized to represent, his signature, and the date of approval. If the interested parties have objections to the content of the draft job description, the approval stamp of the document is not signed until this issue is settled between the organization-author (developer) and the organization with which the agreement is being made.

The document approval stamp is located one or two lines below the last line of the "Signature" attribute. In some cases (for example, if it is necessary to simultaneously coordinate a significant number of documents of the same type, combined into one documentation package), it is allowed to draw up details on a separate sheet - the so-called approval sheet.

In such a case, on the draft document, immediately before the requisite "Signature" (in a free space), the following is indicated: "Agreement sheet is attached." The completed approval sheet is signed and dated by an authorized official of the organization - the author (developer) of the document, after which it is attached to the draft document and, together with the latter, is submitted for signature.

The approval visa of the document includes the title of the position of the person with whom the approval is made, including the name of the structural unit, its signature, and the date of approval. If the interested parties have objections (comments, suggestions, etc.) on the content of the draft job description (in general or its individual provisions), an appropriate note is made about this.

The approval visa for the document is located one or two lines below the last line of the "Varition approval" requisite, and in its absence - below the last line of the "Signature" requisite.

In large organizations with extensive organizational structures, draft documents of the organization, as a rule, are sent for internal approval to officials of the financial, economic and other services, the lawyer of the organization, as well as the deputy head of the organization, who is in charge of the issue (direction) of activities affected by the content of the project document. Comments (proposals) to the draft document can be submitted by interested parties on separate sheets attached to the draft document and previously signed and dated by the relevant officials of the organization.

Due to the fact that the job description is an internal organizational and regulatory document of the organization, the original (first copy) of which is used exclusively in the organization, in accordance with GOST R 6.30-2003, approval visas are allowed at the bottom of the reverse side of the last sheet of the original document. In addition, at the discretion of the organization, sheet-by-sheet approval of the document is allowed.

A mark on the certification of a copy of the document is issued only on copies of job descriptions. The requisite includes the certification inscription "True", the name of the position of the person who certified the copy, his signature, and the date of certification. The use of a seal impression to certify copies of documents is allowed at the discretion of the organization. The note about the executor includes the initials and surname of the executor of the document, as well as a telephone number by which he can be contacted if necessary. The note about the performer is located on the front or back of the last sheet of the document in the lower left corner.

The identifier of the electronic copy of the document includes the name of the file on the machine medium, as well as the date and other search data set in the organization. The ID of the electronic copy of the document is located in the lower left corner of each page of the document, for example:

Sekretar:\\E:\General Documents\Job Descriptions\\Sales Manager. rtf.

General procedure for preparing job descriptions

Depending on the complexity and size of the organization, the development of job descriptions is usually carried out by the heads of personnel services or direct supervisors, in whose subordination is the described position. Typically, the task of preparing job descriptions arises in the following situations:

When creating a new organization, branch or division;

When a new position is introduced in an organization, for example, in connection with the entry into force of changes to the organization's staffing table;

When changing the labor function previously entrusted to one of the employees of the organization or other essential terms of the employment contract, for example, in connection with the expansion of the employee's powers in the process of developing the organization or as a result of the redistribution of the powers of one employee among several.

The technology for preparing job descriptions, based on GOST R6.30-2003, is described in most detail, for example, in the reference book by Yu. M. Mikhailov "How to correctly and quickly develop job descriptions." A brief summary of this technology can be given in the form of the following sequence of actions:

Preparation of a preliminary version of the text of the job description based on the requirements of the immediate supervisor and the Qualification Handbook of employee positions;

Coordination of the draft job description with the heads of departments, interaction with which will be entrusted to the employee, and with the immediate supervisor of the employee;

Making changes and issuing the final version of the job description;

Approval of the job description by the head of the enterprise or his sole executive body and registration of an approved job description;

Transfer of the job description to employees, interaction with whom is provided for the position that is the subject of this instruction;

Familiarization directly with the employee starting work in the position described.

In cases where the job description is developed or changed in relation to an employee already holding this position, these changes must be agreed with him. If he disagrees with these changes, it is necessary to be guided by the provisions of the Labor Code on the procedure for making significant changes to the employment contract with the employee.

Organization of work with job descriptions

For the proper performance of the assigned duties, the employees of the enterprise in accordance with Art. 68 of the Labor Code of the Russian Federation, the employer must be familiarized with the job description, since it is the current local regulatory act related to the employee's labor function.

Familiarization of the employee with the content of the job description can be organized by the employer or his authorized representative (head personnel service, immediate supervisor, etc.) both individually and in the course of professional training together with other employees. The fact that the employee has familiarized himself with the contents of the job description must be documented by the employee's signature directly on the job description stored in the employee's file, or, if the job description is intended to regulate the daily activities of an entire category of employees, on the familiarization sheet.

Important in working with job descriptions is the fact that they are not developed for a single review and subsequent storage (although this is the most common attitude to job descriptions). The developed job descriptions are a real management tool, and, like any management tool, they should:

Really used in the work of the organization, that is, the activities of employees with a certain frequency should be monitored for the performance of their labor functions assigned to them by the job description;

Constantly improve and refine along with changes in business processes, organizational structure, external environment etc.;

They should be available to the heads of departments and employees so that, for example, a newly hired employee is familiarized not only with the job duties and his rights directly in his position, but also with the duties and rights arising in relation to his position from other employees of the enterprise.

One of the forms of control over employees' knowledge of their duties and compliance with the position held is personnel certification.

Certification is a test of knowledge, skills, theoretical and practical, and competencies of an employee’s skills for compliance qualification requirements set out in his job description. Certification also includes a detailed review of the results of the worker's work. The result of the certification should be an objective assessment of the employee's business qualities that does not depend in any way on the opinion of the authorities.

Since the certification procedure itself causes a lot of conflicts in almost any work collective, special provisions on the certification procedure have been approved in a number of industries. They concern civil servants, university professors and researchers, employees financial institutions, law enforcement agencies and some other categories. Attestation provisions are also the norm for medium and large organizations. In most cases, if there is a collective agreement and (or) trade union organization the provision on attestation is subject to agreement with the labor collective or the representative of the trade union.

There is no single legislative act regulating the certification procedure. At enterprises subordinate to state bodies, the attestation provisions apply to the entire industry and are put into effect by orders of ministers and leaders state committees. IN commercial organizations regulations on attestation are developed in personnel services. It is worth noting that pregnant women, young professionals, employees who have not had time to work in this organization for one year are not subject to certification.

The certification procedure is considered to be observed if the employee is warned in advance about the upcoming test and about the criteria for assessing his competencies. Certification is carried out by the certification commission, voting must take place in the absence of the employee. In accordance with the requirements h. 3 Article. 82 of the Labor Code of the Russian Federation during certification, which may serve as the basis for the dismissal of employees in accordance with paragraphs. "b" p. 3 h. 1 art. 81 of the Labor Code of the Russian Federation, a representative of the relevant elected trade union body (if any) is included in the attestation commission without fail.

Certification should be regular, carried out periodically, and not episodically due to the fact that the employer decided to dismiss the employee due to inconsistency with the position held. But even if the employee receives a negative conclusion from the certification commission and is fired under paragraphs. "b" p. 3 h. 1 art. 81 of the Labor Code of the Russian Federation, this does not mean at all that he will not be able to achieve reinstatement at work. Often, employees dispute everything from beginning to end - the procedure for the formation and work of the certification commission, compliance with the rules for conducting certification, the job description and its objectivity, and finally, the very decision of the commission. In this case, employees refer to a biased attitude, arguing that the real reason for not passing the certification is a conflict with the employer.

Job description of the chief accountant

__________________________

[Name of company]

JOB DESCRIPTION

APPROVE

[Position name] [Organization name]

_______________ (___ [FULL NAME.] ______)

Chief Accountant

1. GENERAL PROVISIONS

1.1. This job description defines functional responsibilities, rights and responsibilities of the chief accountant [name of organization in the genitive case] (hereinafter referred to as the Company).

1.2. The chief accountant is appointed to the position and dismissed from the position in accordance with the procedure established by the current labor legislation by order of the head of the Company.

1.3. The Chief Accountant reports directly to [name of position of immediate supervisor in the dative case] of the Company.

1.4. The chief accountant belongs to the category of managers and is subordinate to: an accountant, an accountant-cashier.

1.5. A person who has a higher professional (economic or engineering and economic) education and experience in accounting and financial work is appointed to the position of chief accountant, including leadership positions, not less than 3 years.

1.6. In his activities, the chief accountant is guided by:

The legislation of the Russian Federation, including financial, tax and economic legislation, regulatory and methodological documents on the organization of accounting and reporting, economic financial activities organizations; provisions and instructions for the organization of accounting, rules for its maintenance;

Local normative documents regulating the work of the Company;

Business plan of the Company;

Labor regulations (staff regulations);

Orders and instructions of the General Director of the Company;

This job description.

1.7. The chief accountant must know:

Accounting legislation;

Fundamentals of civil law;

Financial, tax and economic legislation;

Regulatory and methodological documents on the organization of accounting and reporting, economic and financial activities of the organization;

Regulations and instructions for the organization of accounting, rules for its maintenance;

Profile, specialization and structure of the organization, strategy and prospects for its development;

Tax, statistical and management accounting;

The procedure for registration of accounting operations and organization of document flow for accounting areas, write-offs from accounting accounts of shortages, receivables and other losses, acceptance, posting, storage and spending Money, inventory and other valuables, conducting audits;

Forms and procedure for financial settlements;

Terms of taxation of legal entities and individuals;

Rules for conducting inventories of cash, inventory items, settlements with debtors and creditors, conducting inspections and documentary audits;

The procedure and terms for compiling balance sheets and reporting; modern reference and information systems in the field of accounting and financial management;

Methods for analyzing the financial and economic activities of the organization;

Storage rules accounting documents and information protection;

Advanced domestic and foreign experience organization of accounting;

Economics, organization of production, labor and management;

labor legislation; labor protection rules;

List of enterprise services;

Rules and procedure for working on a computer, with MS Office programs, with specialized accounting programs and legal systems;

Internal labor regulations.

1.8. During the absence of the chief accountant (vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner. This person acquires the appropriate rights and is responsible for the proper performance of the duties assigned to him.

2. FUNCTIONAL RESPONSIBILITIES

The chief accountant is obliged to perform the following labor functions:

2.1. Perform work on setting up and maintaining accounting records of the organization in order to obtain complete and reliable information about its financial and economic activities and financial position by interested internal and external users.

2.2. To form, in accordance with the legislation on accounting, an accounting policy based on the specifics of business conditions, structure, size, industry affiliation and other features of the organization's activities, which allows timely receipt of information for planning, analysis, control, evaluation financial position and performance of the organization.

2.3. Organize the preparation and approve the working chart of accounts of accounting, containing synthetic and analytical accounts, forms of primary accounting documents used for registration of business transactions, forms of internal financial statements.

2.4. Ensure the procedure for conducting an inventory and valuation of property and liabilities, documentary evidence of their availability, compilation and valuation.

2.5. Provide systematic internal control for the correctness of registration of business transactions, compliance with the order of document circulation, technology for processing accounting information and its protection from unauthorized access.

2.6. lead the formation information system accounting and reporting in accordance with the requirements of accounting, tax, statistical and management accounting ensure that the necessary accounting information is provided to internal and external users.

2.7. Organize work on maintaining accounting registers based on the use of modern information technologies, progressive forms and methods of accounting and control, execution of cost estimates, accounting of property, liabilities, fixed assets, inventories, cash, financial, settlement and credit operations, production and distribution costs, sales of products, performance of works (services), financial results activities of the Society.

2.8. Ensure timely and accurate reflection of business transactions, movement of assets, formation of income and expenses, fulfillment of obligations on the accounting accounts.

2.9. Ensure control over compliance with the procedure for issuing primary accounting documents.

2.10. Organize information support for management accounting, accounting for production costs, compiling cost estimates for products (works, services), accounting for responsibility centers and activity segments, and formation of internal management reporting.

2.11. Ensure the timely transfer of taxes and fees to the federal, regional and local budgets, insurance premiums to state extra-budgetary social funds, payments to credit institutions, funds for financing capital investments, repayment of loan debts.

2.12. Ensure control over the spending of the wage fund, the organization and correctness of calculations for the remuneration of employees, inventory, accounting procedures, reporting, as well as documentary audits in the organization's divisions.

2.13. Conduct the financial analysis and formation of tax policy based on accounting and reporting data.

2.14. Prepare proposals aimed at improving the financial performance of the organization, eliminating losses and unproductive costs.

2.15. Ensure compliance with financial and cash discipline, cost estimates, the legality of write-offs from accounting accounts of shortages, receivables and other losses.

2.16. Control the execution of documents on shortages, illegal spending of funds and inventory items, control the transfer, if necessary, of these materials to the investigative and judicial authorities.

2.17. Ensure the preparation of a report on the execution of cash budgets and cost estimates, the preparation of the necessary accounting and statistical reporting, submitting them in the prescribed manner to the relevant authorities.

2.18. Ensure the safety of accounting documents and their delivery in the prescribed manner to the archive.

2.19. Supervise accounting staff, organize work to improve their qualifications.

2.20. Work with the bank, carry out cash and non-cash payments.

2.21. Coordinate work on social and medical insurance.

2.22. Comply with internal labor regulations.

2.23. Observe labor discipline and ensure compliance with labor discipline by employees of subordinate services.

2.24. Comply with the requirements for labor protection and ensuring labor safety and ensure compliance with such requirements by employees of subordinate services.

2.25. Comply with the requirements for fire safety and ensure compliance with such requirements by employees of subordinate services.

2.26. Take care of the property of the employer and other employees.

2.27. Immediately inform the employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer; organize the evacuation of employees of subordinate services in the event of such situations.

In case of official necessity, the chief accountant may be involved in the performance of his duties overtime in the manner prescribed by the provisions of the federal labor legislation.

The chief accountant has the right:

3.1. Get acquainted with the draft decisions of the General Director of the Company concerning its activities.

3.2. Submit for consideration by the General Director of the Company proposals for improving the activities of subordinate units and interaction with related units.

3.3. To interact with the heads of all structural divisions of the Company.

3.4. Request personally or on behalf of the General Director from the heads of departments and specialists of the enterprise information and documents necessary for the performance of his duties.

3.5. Sign and endorse documents within their competence.

3.6. Submit for consideration by the General Director of the Company representations on the appointment, transfer and dismissal of employees of subordinate units; proposals for their promotion or for the imposition of penalties on them.

3.7. Enjoy other rights established by the Labor Code of the Russian Federation and other legislative acts of the Russian Federation.

4. RESPONSIBILITY AND PERFORMANCE EVALUATION

4.1 The Chief Accountant bears administrative, disciplinary and material (and in some cases provided for by the legislation of the Russian Federation, and criminal) responsibility for:

4.1.1. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.

4.1.2. Failure to perform or improper performance of their labor functions and assigned tasks.

4.1.3. Unlawful use of the granted official powers, as well as their use for personal purposes.

4.1.4. Inaccurate information about the status of the work entrusted to him.

4.1.5. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.6. Failure to comply with labor discipline.

4.1.7. Offenses committed in the course of carrying out their activities within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.

4.1.8. infliction material damage and (or) losses to the enterprise or third parties related to the action or inaction during the performance of official duties.

4.2. Evaluation of the work of the chief accountant is carried out:

4.2.1. Direct supervisor - regularly in the course of the daily implementation by the employee of his labor functions.

4.2.2. Certification Commission enterprises - periodically, but at least once every two years based on the documented results of work for the evaluation period.

4.3. The main criteria for evaluating the work of the chief accountant are the quality, completeness and timeliness of his performance of the tasks provided for by this instruction.

5. RIGHT OF SIGNATURE

5.1. To ensure his activities, the chief accountant is given the right to sign organizational and administrative documents on issues that are part of his functional duties.

Familiarized with the instructions _________ (____________) "___" _______ 20__

(signature)

P. Govorov

Journal Expert

Signed for print

HR records management

Keywords:

1 -1

Anastasia Morgunova, Director of the Department of Tax Consulting, Internet Accounting "My Business"

Labor legislation does not oblige all employers to develop job descriptions. However, in practice, many organizations and entrepreneurs have already appreciated the benefits of such instructions. This document becomes especially relevant in the event of a labor dispute. If it is necessary to prove that the employee did not fulfill his labor duties, it is necessary to provide the court with a clear list of them. With this role, the job description copes as well as possible.

The job description performs the following tasks:

Establishment of qualification requirements for a certain position, work performed (education, work experience, availability of special training, etc.);

Definition of the employee's job responsibilities (scope of duties, scope of work, areas for which the employee is responsible, etc.);

Establish limits on employee liability.

When is a job description required?

For certain categories employees, in accordance with the law, the employer is obliged to draw up job descriptions. For example, this applies to:

Medical workers (clause 1, part 2, article 73 of Federal Law No. 323-FZ of November 21, 2011);

Private security guards (Part 2, Clause 1, Part 3, Article 12.1 of the Law of the Russian Federation No. 2487-1 of March 11, 1992, Order of the Ministry of Internal Affairs of Russia No. 960 of August 22, 2011);

Employees involved in the processes of production, storage, transportation, sale and disposal of milk and its products (clause 2, article 23 of Federal Law No. 88-FZ of June 12, 2008);

Workers pharmacy organizations, leading retail medicines (clause 9.8 of OST 91500.05.0007-2003).

If the obligation to draw up job descriptions is provided for by regulatory documents, in the absence of instructions, the employer may be held liable for violation of labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For other employees, the legislation does not provide for the obligation to draw up a job description. But it is advisable to draw up and approve it, especially if the employment contract with the employee does not disclose his labor function, but only indicates the name of the position, profession, specialty (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation, Rostrud letter No. 6234-TZ dated November 24, 2008). It is possible to draw up job descriptions for all positions provided for by the staffing table, including vacant ones. For specialist positions (for example, accountant, engineer, lawyer), job descriptions must be drawn up and approved. And for the professions of workers (for example, driver, electric and gas welder, loader) - instructions for the profession ( manufacturing instructions). However, it is not forbidden to call instructions for the profession also official.

Sample instructions for various positions and professions can be found at www.moedelo.org. Based on them, it is easy to develop own instructions, adding, if necessary, the specifics of the work of a particular organization or industry.

Commentary: - By general rule the absence of job descriptions in the organization is not regarded as a violation of labor legislation and does not entail liability. However, some employer decisions without job descriptions may be considered illegal. For example, refusing to hire job seekers due to their non-compliance with qualification requirements in the absence of these requirements themselves, which, as a rule, are contained in the job description. This is confirmed, for example, by the letter of Rostrud No. 3042-6-0 dated August 9, 2007. When resolving labor disputes about the dismissal of an employee due to an unsatisfactory test result, courts, as a rule, require the submission of a job description, as well as evidence of familiarization of the employee with it when employment. If the employee was not familiar with the scope of his duties, it is not possible to prove that he did not pass probation(See, for example, Appellate ruling of the Moscow City Court No. 11-11709 of June 26, 2012).

What is a job description useful for?

With a job description, an employer can:

Justify the refusal to hire due to the non-compliance of the applicant (applicant for the position) with the established qualification requirements for a specific position, work performed;

Objectively assess the activities of the employee during the probationary period;

Distribute labor functions among employees;

Assess the conscientiousness and completeness of the employee's performance of the labor function;

To substantiate the inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

Justify the legality of applying a disciplinary sanction to an employee for failure to perform or improper performance of the labor duties assigned to him (including dismissal) (Rostrud letters No. 3042-6-0 dated August 9, 2007, No. 6234-TZ dated November 24, 2008 No. 1028-s dated April 30, 2008).

What sections does the job description consist of?

General provisions.

This section includes:

1) the procedure for appointment to office and dismissal from office. It is determined in accordance with regulatory legal acts, internal labor regulations, regulations on the structural unit (if such a regulation is developed and approved by the employer), other local regulations of the employer (for example, it may be provided that an employee is appointed to a position and dismissed by order of the head organization on the recommendation of a certain official);

2) requirements for the qualification of an employee. The level of professional training of the employee necessary to fulfill the prescribed labor duties (education, advanced training), requirements for work experience, work experience in any field of activity are indicated;

3) requirements for the employee's knowledge ("should know"). The main requirements for the employee in relation to special knowledge, as well as knowledge of legislative and regulatory legal acts, regulations, instructions and other guidance materials, methods and means that the employee must apply in the performance of work duties are indicated;

4) a list of documents that the employee should be guided by in the performance of labor duties. Typically, this list includes:

Legislation of the Russian Federation;

Local regulations of the employer directly related to labor activity an employee (including the Internal Labor Regulations);

Regulations on the structural unit that includes the position (see, for example, the Regulations on the personnel service (HR department));

Orders and orders of the head of the organization;

Orders of the head of the structural unit;

Direct job description;

How to develop and approve a job description?

1. First you need to draft the instructions, taking into account the requirements current legislation. The job description can be an appendix to the employment contract or be approved as an independent document.

The unified form of the instruction is not approved, therefore the organization develops it independently. When preparing a job description, the provisions of GOST R 6.30-2003 should be taken into account. Requirements for the content and design are clearly established only for the job description of a private security guard at the security facility (Order of the Ministry of Internal Affairs of Russia No. 960 dated August 22, 2011). In other cases, as a basis for the preparation of job descriptions, you can use:

Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia No. 37 of August 21, 1998;

Unified Tariff and Qualification Directory of Works and Professions of Workers (issues for relevant industries). For example, to compile instructions for industry-wide professions of workers, you can use Issue 1, approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions No. 31 / 3-30 dated January 31, 1985 (Rostrud letters No. 4412-6 dated October 31, 2007, No. 3042- 6-0 of August 9, 2007, No. 6234-TZ of November 24, 2008).

In addition, when developing job descriptions, the legislation requires employers to take into account the requirements of professional standards (clause "a", clause 25 of the Rules approved by Decree of the Government of the Russian Federation No. 23 of January 22, 2013). However, the standards themselves have not yet been approved, the work on their creation is coordinated by the Russian Ministry of Labor (Article 195.1 of the Labor Code of the Russian Federation).

2. If collective agreement(agreement) of the organization provides for the adoption of local regulations in agreement with the representative body of employees, for example, with the trade union, the draft job description should be sent to the representative body for consideration and its opinion taken into account. If such a body has not been created, the employer develops and adopts local regulations (including job descriptions) independently. The absence of a representative body makes it impossible to comply with the requirements of the legislation in this part (part 3 of article 8, part 1 of article 372 of the Labor Code of the Russian Federation, paragraph 3 of the letter of Rostrud No. 2742-6-1 of December 8, 2008).

3. Then you need to sign and endorse the job description. In accordance with clause 3.22 of GOST R 6.30-2003, an organizational and administrative document (including a job description) must contain the "Signature" attribute, which is located at the bottom of the document, after its text. The job description, as a rule, is signed by its compiler (for example, a personnel specialist, head of a structural unit).

Depending on the procedure for accepting job descriptions established by the employer, before approval by the head of the organization (other authorized person), the instruction can be endorsed by some interested employees (for example, the head of the personnel service (HR department, personnel department), the head of the legal department (lawyer) of the organization ). The approval visa is located on the back of the last page of the job description. It must include the signature and position of the employee approving the document, the transcript of the signature (initials, surname) and the date of signing (clause 3.24 GOST R 6.30-2003).

4. After signing, you need to approve the job description and put it into effect from a certain date. The job description is approved by the head of the organization or a person authorized by him. As a rule, an order is issued for this. But if the instruction is approved without any specifics (according to the time of its validity, the procedure for revision, distribution, etc.), you can not issue a separate order, but place an approval stamp on the job description itself. The stamp must consist of the word I APPROVE (without quotes), the name of the position of the employee approving the document (for example, CEO, director of personnel management), his signature, initials, last name and date of approval (clause 3.16 GOST R 6.30-2003, part 2 article 5, part 1 article 8 of the Labor Code of the Russian Federation).

5. At the end of the procedure, it is necessary to familiarize the employee accepted (accepted) for a certain position (profession) with the instructions for this position (profession). Information on familiarization with the job description and the signature of the employee confirming familiarization can be put:

In the familiarization sheet with the job description (such a sheet is hemmed or glued to the instruction itself);

In the Journal of familiarization with job descriptions or in the Journal of familiarization with local acts of the organization (samples of these documents are available on the website www.moedelo.org);

On a copy of the job description, which will be kept by the employer (similar to an employment contract);

On a copy of the employment contract, which will be kept by the employer (for example, the following inscription can be issued on it: "I have read the job description before signing the employment contract").

If the employee does not want to read the job description, it is advisable to issue a refusal in writing, for example, in the form of an act. This document will protect the employer from possible claims from the inspection departments (for example, the labor inspectorate). It will serve as confirmation that the employer has fulfilled its obligation to familiarize the employee with local acts, and will relieve the organization of responsibility if the employee who refused to familiarize himself with the local act subsequently claims that he was not acquainted with him (paragraph 10 of part 2 article 22, part 1 article 67, part 3 article 68 of the Labor Code of the Russian Federation).

It is advisable to prepare two copies of the job description and give one to the employee in his hands (paragraph 7 of the letter of Rostrud No. 4412-6 dated October 31, 2007). It is advisable to provide a copy to the employee against signature.

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