Job description: design according to GOST (sample). General recommendations for the development of job descriptions Instructions for the design of job descriptions
Details ACCEPTED At the Pedagogical Council of MBDOU "Primorsky Kindergarten» Protocol No. dated « » 20 APPROVED: Head of the Primorsky Kindergarten MDOU Morgul N.N. « » 20 year REGULATIONS on the procedure for developing job descriptions 1. General provisions 1.1. Job description - an organizational and legal document that defines the main functions, duties, rights and responsibilities of an employee of a preschool educational institution in the exercise of his activities in a certain position. 1.2. Job descriptions for employees of preschool educational institutions are developed by the head. Job descriptions should be specific and actually describe jobs. 1.3. Job descriptions are reviewed in a unified manner in accordance with changes in the structure and staffing of the preschool educational institution. 1.4.
Methodological development on the topic: office work in dow
Attention
It contains the stamp of agreement, in its upper line the word AGREED is written without quotes and in capital letters. The positions of the persons with whom the document is being coordinated are indicated below, and a place is left for placing their signatures, transcripts and dates of signing. 7 The inscription “I am familiar with the instructions” is placed. This field should also contain the surname, initials of the employee holding this position, his signature and date of familiarization. The presence of all the details indicated in the table and their correct location will allow the job description to be given legal force after it is put into effect by order of the head of the enterprise. .
The job description template is below. Download template Read also:
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E-education in the Republic of Tatarstan
Name of the organization I APPROVE Head of the organization JOB DESCRIPTION personal transcript name signature signature « » 20 positions date № date number TEXT STRUCTURE 1. General provisions. 2. Job Responsibilities. 3. Rights. 4. Responsibility. 5. Relationships, communications by position.
Name of the position of the head of the structural Personal signature Explanation of the subdivision's signature Visas for coordination with interested officials (if necessary) We are familiar with the instruction: Personal signatures Explanation of signatures Dates In case No. Personal signature Date Example of the job description of the junior educator of preschool educational institution with "Chamomile" garden "Chamomile" JOB DESCRIPTION January 12, 2012 Junior educator 01/12/2012 No. 7 1. General provisions 1.1.
Info
Head of the division Head of the legal service of the Central Bank of the UO 01/12/2012 Acquainted with the instruction: 01/12/2012 In case No. 48 01/12/2012 Bibliographic list 1. GOST R 6.30-2003. Unified documentation systems. System of organizational and administrative documentation.
Documentation requirements. - Input. 2003-07-01. - M. : Publishing house of standards, 2003. 2. Andreeva, V.I. Paperwork practice: organization and management: studies.-pract. allowance / V.I. Andreeva. – M.: KNORUS, 2006. – 272 p. 3. Koshkareva, N.V.Documentation management activities: Guidelines for implementation control works for students of the specialty 080502 "Economics and management at the enterprise (by industry)", 080109 "Accounting, analysis and audit" of all forms of education / N.V. Koshkareva, N.A. Styukhin. - Krasnoyarsk: SibGTU, 2008. - 42 p. 4. Koshkareva, N.V.
Drawing up job descriptions in a preschool institution
In this case, the assistant educator may be relieved of his post in accordance with labor legislation and the law of the Russian Federation "On Education" and dismissal is not a measure of disciplinary responsibility. 6. Relationships and connections by position Assistant educator: 6.1. Reports to the head of the preschool educational institution, the supply manager, and the head nurse.
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Important
Informs the head of the preschool educational institution and the supply manager about the difficulties encountered in the work. - Performs one-time assignments for the head of the preschool educational institution and the supply manager. 6.2. Together with medical worker and under the guidance of an educator, ensures the preservation and strengthening of the health of pupils, carrying out activities that contribute to their psychophysical development, their observance of the daily routine. 6.3. Informs the head of the preschool educational institution about all emergencies in the group related to the life and health of children and employees.
Rules for the design of job descriptions
Section IV "Responsibility" indicates the degree of responsibility of an official for non-compliance with the requirements established by the job description, local legal acts and labor legislation of the Russian Federation. Other items may be included in the section that clarify and specify the responsibility of an official. 2.7. An integral part of the job description is a familiarization sheet, which serves as proof that the employee has read the job description. 3. The procedure for the development, approval, approval and implementation of the job description 3.1.
The job description is developed by the head educational institution. 3.2. The job description must be agreed with the chairman of the primary trade union organization MDOU.3.3. The job description is approved by the head of the educational institution. 3.4.
Arabic numerals are used for numbering, they are put down in the footer, in the center of the page. Numbering through the entire document. Roman numerals are used to number sections and subsections. Paragraphs and subparagraphs of the instructions do not have names and are numbered inside the sections with Arabic numerals.
The instruction text is printed on one side of the sheet only. At the same time, the following text boundaries are set: top and bottom are 2 cm, right - 1.5 cm, left - 3 cm. As a rule, Times New Roman Cyr or Arial font is used for text, 14 or 12 pt, respectively. The design of the job description, as well as any legally significant document, must comply with the requirements of state standards.
How to number job descriptions in MDO
The design of job descriptions must be carried out in strict accordance with general order registration of normative and administrative documents. Compliance with the procedure for issuing job descriptions will ensure the legal significance of this internal regulation. From the article you will learn:
- what are the rules and procedure for issuing job descriptions in 2017;
- what recommendations on the design of job descriptions contain GOSTs;
- how to make an extract from the job description;
- how the details are located on the sample design of job descriptions.
Rules and procedure for issuing job descriptions in 2017 There is no such thing as a “job description” in the legislation, this type of regulatory document is developed at the local level - instructions are valid only within one specific enterprise.
During the absence of the junior educator, his duties are performed by the educator, who is fully responsible for their proper performance. 2. Functions The following functions are assigned to the junior educator: 2.1. Provide the necessary conditions in a group for successful implementation educational - educational program and assistance to the teacher in working with children. 2.2. Responsible for the cleanliness and timely cleaning of the premises assigned to him. 3. Responsibilities In order to perform the functions assigned to him, the junior educator is obliged to: 3.1. Carry out under the guidance of a teacher daily work providing the creation of conditions for the implementation of the educational process and the emotional well-being of children. 3.2. Ensure timely cleaning of all premises assigned to it, strictly follow sanitary rules. 3.3.
The text of this section establishes the rights of the employee to make proposals for improving activities related to the performance of his/her immediate job duties, for the implementation of the functions and technologies in which he participates; be a member of working groups for the preparation and implementation of specific projects and participate in the development of collegial decisions aimed at achieving the main task of the structural units or the entire preschool educational institution. 7. Section of the job description "Responsibility" 7.1. The section "Responsibility" provides for fixing, first of all, responsibility for violation of the current legislation, actions of organizational, administrative and other documents in accordance with the section "General Provisions" of the job description. 7.2.
Question: Is it necessary to number job descriptions Are there any requirements for such numbering?
Answer: In our opinion, the job description should be numbered. The legislation does not contain rules governing the rules for numbering, drafting, content, adoption, amendment and cancellation of job descriptions, so the employer determines them independently.
Rationale: The job description is an internal organizational and administrative document containing a specific list of the employee's job responsibilities, taking into account the specifics of the organization of production, labor and management, as well as his rights and responsibilities.
The Labor Code of the Russian Federation does not contain a mention of a job description.
At the same time, the job description is an important document, the content of which specifies the labor function of the employee, the range of duties, the limits of responsibility, and the qualification requirements for the position.
The job description can be an annex to the employment contract, and also be approved as an independent document (Rostrud Letter of 08/09/2007 N 3042-6-0).
Job descriptions developed by the employer must contain a specific list of job responsibilities of employees, taking into account the specifics of the organization of production, labor and management, their rights and responsibilities.
Since there are no norms at the legislative level regulating the rules for the preparation, content, adoption, amendment and cancellation of job descriptions, the employer independently determines their content and numbering.
For example, job descriptions can be numbered in such a way that the job description number will consist of the serial number of the job description in the current year and the date the employee was hired for new position.
So, if an employee was hired in a new position on July 11, 2018, the number of his job description will be as follows: N 1/07/11/2018 (1 - the serial number of the job description in the current year; 07/11/2018 - the date of employment).
We also draw your attention to the fact that from 07/01/2018 GOST R 7.0.97-2016 "National Standard Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for paperwork", put into effect by the Order of Rosstandart dated 08.12.2016 N 2004-st "On approval of the national standard of the Russian Federation" (hereinafter referred to as GOST).
In GOST, as the details of the document, the registration number is indicated - a digital or alphanumeric identifier of the document, consisting of the serial number of the document, which, at the discretion of the organization, can be supplemented with digital or alphabetic codes (indices) in accordance with the classifiers used (case index according to the nomenclature of cases , correspondent code, official code, etc.) (clauses 4, 5.11 GOST).
Therefore, we believe that the job description should be numbered.
In addition, in accordance with GOST, if the document is located on several pages, each of them must be numbered. Page numbers are placed in the middle of the top margin of the document at a distance of at least 10 mm from the top edge of the sheet (clause 3.2 of GOST).
Registration of job descriptions should be carried out in strict accordance with the general procedure for the preparation of regulatory and administrative documents. Compliance with the procedure for issuing job descriptions will ensure the legal significance of this internal regulation.
From the article you will learn:
Rules and procedure for issuing job descriptions in 2017
There is no such thing as " job description”, this type of regulatory document is developed at the local level - instructions are valid only within one specific enterprise. But in OKUD - the all-Russian classifier of management documentation, they are mentioned among documents belonging to the class of organizational and administrative ones. This class is intended for organizational and regulatory regulation of the enterprise. Thus, the job description is one of the most important regulatory documents that regulate and regulate labor function assigned to a specific position.
The execution of a job description, although not a mandatory requirement established at the level of law, as practice shows, is necessary for both the employer and the employee. Both can refer to the job description as a regulatory document in case of conflict situations and labor disputes.
It can serve as a basis for justifying wage costs if tax office will require to justify the values \u200b\u200bthat are indicated in the staffing table.
The development and execution of job descriptions in 2017 at the enterprise can be regulated in accordance with the requirements that the employer has the right to establish independently. Such regulations can be approved in the form of instructions or methodological recommendations.
Rules for issuing job descriptions in 2017
As a rule, the proper instructions contain the following sections:
- General provisions;
- Job responsibilities;
- Rights by position;
- A responsibility.
When drawing up a job description, it should be noted that its text should not be too large. If the document is located on several pages, each of them must be numbered. Arabic numerals are used for numbering, they are put down in the footer, in the center of the page. Continuous numbering throughout the document. Roman numerals are used to number sections and subsections. Paragraphs and subparagraphs of the instructions do not have names and are numbered inside the sections with Arabic numerals.
The instruction text is printed on one side of the sheet only. In this case, the following text boundaries are set: top and bottom are equal 2 cm, right - 1.5 cm, left - 3 cm. As a rule, the font used for text is Times New Roman Cyr or Arial, 14 or 12 pt, respectively.
The design of the job description, as well as any legally significant document, must comply with the requirements of state standards. At the same time, since the job description is an internal regulatory and administrative document, it is allowed, for example, to affix approval visas at the bottom reverse side on the last sheet. The instruction can also be endorsed sheet by sheet.
The only condition is to establish all acceptable options for the design of this document by internal regulations - guidelines or compilation instructions.
The procedure for issuing job descriptions
Typically, the development and drafting job descriptions in 2017, the head of the enterprise initiates by issuing an appropriate order, which appoints the officials responsible for this.
The draft document must be coordinated with the regulatory control department and the legal service. The normative control will check whether the document is correctly executed, whether it meets the requirements of the standards, and lawyers will evaluate its content for compliance with the provisions of the current labor legislation. If necessary, the document may be agreed with the trade union committee of the enterprise's employees or other representative body of employees.
In some cases, the procedure for issuing job descriptions in an organization may provide for coordination with the management of other structural units that have such a position in the staffing table, or with the leadership of the parent organization in charge of the enterprise.
After agreement, the job description is approved by the head of the enterprise or another official appointed by his order. Then the document must be laced, numbered, certified by the seal of the enterprise. The originals of job descriptions are stored, as a rule, in the personnel department. Their storage is regulated by an internal regulatory act that establishes the procedure for conducting office work in the organization.
For familiarization, the employee with whom the employment contract is concluded is issued a certified copy of the document. The same copies are kept by the heads of departments, who issue them to employees if they need to clarify their labor function.
Job descriptions come into effect from the moment of approval, unless otherwise specified in their text. The document does not lose legal force until the new job description is put into effect. After the employee has put a signature certifying the fact that he has read the instruction, its requirements become mandatory for him.
GOST recommendations for the design of job descriptions
Since at the state level the design of job descriptions is not regulated by any regulations, their development should be guided by the general requirements established by the following GOSTs:
- GOST R 7.0.8-2013 “System of standards for information, librarianship and publishing. Office work and archiving. Terms and definitions” (approved by order of the Federal Agency for Technical Regulation and Metrology dated October 17, 2013 N 1185-st).
- GOST 2.105-95 " one system design documentation. General requirements for text documents”, containing development order requirements and semantic content, including documents that have a regulatory and administrative purpose;
- GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for the execution of documents ”, it contains a list of mandatory details.
Note: GOST R 6.30-2003 will be valid until June 30, 2018, instead of it GOST R 7.0.97-2016 will be put into effect.
One more document can be mentioned, which, although not a standard, will help formulate the requirements and semantic content of a particular job description. This is the Unified Qualification Handbook, which contains a list of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of the Russian Federation of July 21, 1998 No. 37.
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How to make an extract from a job description
An extract from the job description may be required, for example, in the case when it will be necessary to provide information at the request of a judicial authority considering a labor dispute between an employee and an enterprise.
Statements, including from job descriptions in 2017, are drawn up in accordance with the requirements of the Decree of the Presidium of the USSR Armed Forces of 08/04/1983 No. 9779. They must be printed on the letterhead of the enterprise, which already contains such details as its name and reference information about the organization. The extract must be certified by the signature of the head or an authorized official and the seal.
In the text part of the extract, you must indicate the name of the document, for example: "Extract from the job description" indicating the name of the specific position. In addition, it is necessary to indicate the date of issue of the extract and mention that the original of the requested document is kept at the enterprise.
As a rule, the execution of extracts from job descriptions is regulated by the local regulatory act of the employer - methodological instructions or instructions for office work.
Job description templates
Below is a sample layout job description and shows the location of the details of this document for the general case.
The text content of the sample fields is presented in the table.
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Field number props |
Text content of the attribute field |
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Designed to indicate the full name of the enterprise - the developer of the instruction |
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Location of the stamp of approval. When filling it out, the word APPROVE is written without quotes in capital letters. The head of the organization, as a rule, reserves the responsibility for approving such documents or appoints a responsible person to whom such a right is transferred. The same field should indicate the position of the person who approved the document, as well as his signature, transcript and date of approval |
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The text content of the instruction is placed. |
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The signature of the head is placed structural unit for which the job description has been developed. This field should also indicate the full name of his position, his signature with a transcript and the date the document was signed. |
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It contains the stamp of agreement, in its upper line the word AGREED is written without quotes and in capital letters. The positions of the persons with whom the document is being coordinated are indicated below, and a place is left for placing their signatures, transcripts and dates of signing. |
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The inscription "I have read the instructions" is placed. This field should also contain the surname, initials of the employee holding this position, his signature and the date of familiarization |
The presence of all the details indicated in the table and their correct location will make it possible to give the job description legal force after it is put into effect by order of the head of the enterprise.
The job description template is below.
The job description is one of the local regulations adopted by the employer. According to article 8 of the Labor Code of the Russian Federation, employers, with the exception of employers - individuals who are not individual entrepreneurs may adopt local regulations containing the norms labor law, within its competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.
Therefore, almost all employers, with the exception of employers - individuals who are not individual entrepreneurs, can introduce job descriptions to regulate labor relations, as well as independently establish the procedure for their development, coordination and approval.
At the same time, the norms of local regulations should not worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements.
We offer one of the approaches to the development of job descriptions. Therefore, in practice, specific employers can develop job descriptions taking into account the proposed recommendations.
Job descriptions can be developed both at the design stage of an organization, business, and in an already functioning business with established labor relations. The first requires a method of careful modeling of the labor processes of performers. The second is a deep analysis of existing labor relations with a particular employer. In any case, the procedure for developing job descriptions implies a generally accepted algorithm of actions.
The process of developing job descriptions can be represented as successive stages:
1. Preparatory stage;
2. Development of a draft job description;
3. Approval of the draft job description;
4. Approval of the job description.
The direct development of job descriptions in each case should be preceded by a certain preparatory work. At the first stage of the development of job descriptions, it is necessary to study in detail all the legal documents regulating the procedure for the activities of officials and the rules for the development and storage of organizational and legal documents. And also, the employer, within the framework of local rule-making, must determine the procedure for developing, agreeing and approving job descriptions, for which it is necessary to approve the Regulations on the job description. Further on this in more detail.
The development of job descriptions is preceded by the study of all legal documents regulating the procedure for the activities of officials and rules for the development and storage of these organizational and legal documents.
We list the main regulatory legal acts, taking into account which the job description should be developed:
1. Federal level:
the Constitution of the Russian Federation;
· Labor Code of the Russian Federation;
· «Unified system of documentation. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003" (approved by the Decree of the State Standard of the Russian Federation dated March 3, 2003 No. 65-st "On the adoption and implementation of the state standard of the Russian Federation");
Standard instructions for office work in federal executive bodies (approved by Order of the Ministry of Culture of the Russian Federation dated November 8, 2005 No. 536 “On standard instruction on paperwork in federal executive bodies”);
· "List of standard management documents generated in the activities of organizations, with an indication of their storage periods" (approved by the Federal Archives on October 6, 2000);
“All-Russian classifier of occupations of workers, positions of employees and tariff categories OK-016-94 (OKPDTR)", adopted and put into effect by the Decree of the State Standard of the Russian Federation of December 26, 1994 No. 367);
· "All-Russian classifier of occupations OK 010-93" (approved by the Decree of the State Standard of the Russian Federation of December 30, 1993 No. 298);
· "Qualification directory of positions of managers, specialists and other employees" (approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37);
· Decree of the Ministry of Labor of the Russian Federation dated February 9, 2004 No. 9 “On Approval of the Procedure for Applying the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees”;
· Issues of the Unified Tariff and Qualification Handbook of Works and Professions of Workers (ETKS) for various sectors of the economy, approved by the Ministry of Labor of the Russian Federation;
· Decree of the Government of the Russian Federation of October 31, 2002 No. 787 “On the procedure for approving the Unified Tariff and Qualification Guide for Works and Professions of Workers, the Unified Qualification Guide for the Positions of Managers, Specialists and Employees”;
· Qualification requirements for employees and nomenclature of specialties approved by the Ministry of Health and Social Development of the Russian Federation in the area within the competence of the Ministry.
2. Regulatory legal acts of the subjects of the Russian Federation.
3. Regulatory legal acts of bodies local government(for example, the Decision of the Omsk City Council dated April 23, 1997 No. 324 “On approval of the Regulations on the procedure for appointing and dismissing the heads of municipal unitary enterprises and institutions from it” indicates the obligation of the heads of municipal unitary enterprises and institutions to approve the job description for the employee, with by which he entered into an employment contract).
4. Local level (local regulations of the employer):
· Internal labor regulations;
· Collective agreement (Regulations on personnel and others);
· staffing;
· Regulations on the structural unit;
· Orders on the delimitation of powers between the leaders of the organization;
· Position on job description.
I would like to note that the basis for developing the content of job descriptions is the qualification characteristics (requirements) for the positions of employees and for the professions of workers, which are approved by the Ministry of Labor of the Russian Federation. These documents list the main elements that should be in the instructions: the name of the position, specialty, profession of the employee , requirements for the level of his knowledge, an approximate list of duties.
Qualification characteristics are contained in the following legal documents:
1. "Qualification directory of positions of managers, specialists and other employees", approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37 "On approval of the qualification directory of positions of managers, specialists and other employees" (hereinafter Decree No. 37). Qualification characteristics are designed to regulate the content of the functions performed by employees, contribute to "ensuring the optimal technology of labor activity, rational division of labor, high organization, discipline and order at each workplace, as well as improving the personnel management system." As a regulatory framework, the qualification characteristics of the positions of employees are intended for use in enterprises, institutions and organizations of various forms of ownership, organizational and legal forms and sectors of the economy, regardless of their departmental subordination. This directory contains characteristics of typical positions common to all sectors of the economy. Taking into account the specifics of individual industries, qualification characteristics and requirements inherent in positions and jobs in the relevant sectors of the economy have been developed. These qualification characteristics and requirements are approved by the federal executive authorities and can be used in the certification of employees.
For example:
· "Qualification characteristics and categories of wages for positions of managers, specialists and employees according to the industry tariff scale" (approved by the instruction of the Ministry of Railways of the Russian Federation of October 18, 1996 No. A-914u);
· « Catering. Service personnel requirements. GOST 30524-97 / GOST R 50935-96 "(approved by the Decree of the State Standard of the Russian Federation of August 21, 1996 No. 524);
· « Retail. Service personnel requirements. GOST R 51305-99" (approved by the Decree of the State Standard of the Russian Federation No. 244-st of August 11, 1999);
Typical qualification characteristics (requirements) for public positions of the federal public service and positions of employees not classified as government positions and providing technical support for the activities of military prosecutors equated to prosecutors of constituent entities of the Russian Federation, cities and regions (approved by Order of the Prosecutor General of the Russian Federation dated February 21, 2001 No. 52 “On approval of standard qualification characteristics (requirements) for positions of civilian personnel of military prosecutor's offices equated to the prosecutor's offices of the constituent entities of the Russian Federation, cities and regions”);
Tariff - qualification characteristics (requirements) for the positions of managers, specialists and technical performers, replaced by civilian personnel of military units, institutions, military - educational institutions, enterprises and organizations of the Ministry of Defense of the Russian Federation that are on budget and budget financing (approved by Order of the Minister of Defense of the Russian Federation of April 19, 1996 No. 150 "On tariff and qualification characteristics (requirements) for the positions of managers, specialists and technical performers, replaced by civilian personnel of military units, institutions, military - educational institutions, enterprises and organizations of the Ministry of Defense of the Russian Federation, which are on the estimated - budgetary financing").
In addition, in accordance with paragraph 5.2.2 of the Regulations on the Ministry of Health and Social Development of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 30, 2004 No. 321 "On approval of the Regulations on the Ministry of Health and Social Development of the Russian Federation", the Ministry of Health and Social Development of the Russian Federation may independently adopt qualification requirements for employees and a range of specialties in the field falling within the competence of the Ministry.
Thus, the Ministry of Health and Social Development of the Russian Federation adopted:
Qualification requirements for a specialist with an average medical education in the specialty "Forensic medical examination" (approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated July 21, 2006 No. 546 "On approval of qualification requirements for a specialist with a secondary medical education in the specialty" forensic medical examination ");
· Qualification characteristics of the position “Producer of television and films” (approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated May 31, 2006 No. 434 “On approval of the qualification characteristics of the position “producer of television and films”);
· Qualification characteristics of the post "Organizer of the work of operators of the automated process of aluminum production" (approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated June 23, 2006 No. 491 "On approval of the qualification characteristics of the position" organizer of the work of operators of the automated process of aluminum production");
Tariff and qualification characteristics of workers' professions nuclear power plants(approved by the Order of the Ministry of Health and Social Development of the Russian Federation dated October 3, 2005 No. 614 "On approval of the tariff and qualification characteristics of the professions of workers at nuclear power plants").
Qualification characteristics for each position, in accordance with paragraph 5 of the "Qualification Handbook for the Positions of Managers, Specialists and Other Employees", approved by Resolution No. 37 of August 21, 1998, consist of three sections.
Section 1 - "Job Responsibilities" contains the main functions that can be entrusted in whole or in part to the employee holding this position, taking into account the technological homogeneity and interconnectedness of work, allowing for optimal specialization of employees.
Section 2 - "Must know" contains the basic requirements for the employee in relation to:
Special knowledge;
Knowledge of legislative acts, regulations, instructions, other governing and regulatory documents;
Methods and means that the employee must be able to apply in the performance of official duties.
Section 3 - "Qualification Requirements" defines:
Level vocational training an employee necessary to perform the prescribed job duties (The levels of required professional training are given in accordance with the Law of the Russian Federation "On Education");
Work experience requirements.
According to paragraph 4 of Decree No. 37, the qualification characteristics present the most characteristic work for a particular position, therefore, when developing specific job descriptions, it is allowed to clarify the list of works that are characteristic of the corresponding position in specific organizational and technical conditions. It is also allowed to clarify the requirements for the necessary special training of workers. If necessary, the duties included in the description of a particular position can be distributed among several performers.
2. Issues of the Unified Tariff and Qualification Directory of Works and Professions of Workers (ETKS) for various sectors of the economy, approved by the Ministry of Labor of the Russian Federation (for example, Decree of the Ministry of Labor of the Russian Federation dated March 5, 2004 No. 48, section " General Professions production of food products"; Decree of the Ministry of Labor of the Russian Federation of July 3, 2002 No. 47 “On approval of the Unified Tariff and Qualification Reference Book of Works and Professions of Workers, Issue 46, Section “ Clothing industry"). They contain tariff and qualification characteristics that are used in the tariffing of works and assignment qualification categories workers in organizations regardless of their form of ownership and organizational and legal forms. The tariff-qualification characteristic of each profession has two sections:
· The section "Characteristics of work" contains a description of the work that the worker must be able to perform.
· The section "Must know" contains the basic requirements for the worker in relation to special knowledge, as well as knowledge of regulations, instructions and other guidance materials, methods and means that the worker must apply.
At the same time, the qualification characteristics (requirements) for the positions of employees and for the professions of workers, approved by the Ministry of Labor of the Russian Federation, contain only typical job duties for the position, specialty, profession, the clarification of which takes place within the framework of a specific employment contract, and (or) job description.
However, the following problem may be hidden here: in practice, there is often an overestimation of the qualification requirements for a candidate for a position, which can be qualified in court as discrimination. For example, in an organization, the position of an ordinary cashier is required to have higher education and five years of experience. A candidate for this vacancy may apply to the court for an unlawful refusal to hire. Therefore, it is more expedient to write qualification requirements after all to use the current standards.
Without establishing the obligation to start a job description, the legislator did not give clear instructions on how to draw it up correctly. This local act is adopted directly by the employer within its competence. On the one hand, this expands the scope of the employer's freedom, but on the other hand, there are still some restrictions.
So, one of the terms of the employment contract determined by the parties is the labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). The names of positions, professions and specialties are established by the employer independently.
However, Article 57 of the Labor Code of the Russian Federation establishes: “If, in accordance with federal laws Since the performance of work in certain positions, professions, specialties is associated with the provision of compensations and benefits or the presence of restrictions, then the names of these positions, professions or specialties and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation. Federation". And according to article 143 of the Labor Code of the Russian Federation, “calculation of work and assignment of tariff categories to employees are carried out taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees.”
This rule is established for an employment contract, but it can equally be applied to other personnel documents - a job description, a staffing table, a work book.
For example, the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22 approved the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and. Therefore, the employer must employment contracts all employees (and, accordingly, in job descriptions) who perform the relevant labor functions, the names of professions and positions are determined in accordance with the qualification reference books.
In general, when developing job descriptions to ensure social, pension and other guarantees provided Russian legislation employees, the employer must be guided by the qualification guides approved by the Government of the Russian Federation. If there are no such professions and positions in the relevant directories, then the names of professions and positions, as well as qualification requirements for them and a list of direct work, types of activity, the employer must indicate in accordance with the regulatory legal act that provides benefits or imposes restrictions.
So, based on the Ruling of the Supreme Court of the Russian Federation dated January 16, 2004 No. 48-G03-13, it can be seen that the court, when resolving a dispute over the right to receive social support 1563 dated August 23, 2000 (hereinafter Decree No. 1563), was guided primarily by the provisions of job descriptions, including job descriptions describing direct activities carried out by employees, and not by oral arguments of the plaintiffs. Therefore, when developing job descriptions, including a list of job responsibilities of employees, an employer must proceed from the above imperative norms of the Labor Code of the Russian Federation and take into account possible negative consequences for their employees in case of their violation.
Note.
Decree No. 1563 approved the List of activities carried out in organizations and military units that are part of the nuclear weapons complex of the Russian Federation, participation in which entitles you to receive the following social support: additional monthly life-long financial support is established upon retirement in accordance with the Federal Law dated December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation" or on an early pension in accordance with the Law of the Russian Federation dated April 19, 1991 No. 1032-1 "On employment in the Russian Federation" and subject to the termination of employment activities in organizations of the federal executive body implementing the state policy in the field of development, production and elimination of nuclear charges and nuclear weapons that are part of the nuclear weapons complex of the Russian Federation, specified in paragraphs 2, 3, 4 to the categories of citizens directly involved in the type x activities provided for by the List (paragraph 2 of Decree No. 1563).
In most cases, the names of positions, specialties and professions in the employment contracts of employees (and, accordingly, in job descriptions) are indicated at the discretion of the employer (based on local regulations, and not qualification directories), so the employer must independently approve the qualification requirements for these positions, specialties or professions or reflect them in the text of the employment contract or job description.
Thus, for most employers, unified qualification reference books are advisory in nature (except for those positions where benefits or restrictions are provided in accordance with Article 57 of the Labor Code of the Russian Federation), since in a rapidly changing market they simply cannot take into account all the variety of positions and professions (for example, secretary at the reception, top manager, sales manager). The employer in the job description can independently determine the name of the position, specialty, profession or the specific type of work assigned to the employee, fix various job responsibilities, with the exception of cases when he is obliged to be guided by unified qualification reference books (Article 57 of the Labor Code of the Russian Federation).
When developing job descriptions, we recommend introducing an appropriate provision that will detail the procedure for developing, agreeing, approving, putting into effect and storing an employee's job description, as well as indicating the persons (structural unit) directly responsible for this development.
The position on the job description is an optional document, but it is better not to neglect it local act. It allows you to streamline the work with the instructions, make them unified and clear, indicate the procedure for giving them legal force. The position on the job description comes into force after its approval by the head, and from that moment on, all job descriptions must comply with his requirements.
Here is a sample of the Regulations on the job description.
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REGULATIONS ON JOB INSTRUCTIONS OOO "__________________________ » Name of company 1. General Provisions. 2. Requirements for the content of the job description. 3. The procedure for the development, approval, approval and implementation of the job description. 4. Final provisions. 1. General Provisions 1.1. The job description is the main organizational and legal document that defines the tasks, basic rights, duties and responsibilities of an official (employee) in the exercise of his labor activity in accordance with his position. 1.2. Job descriptions are developed to achieve the following goals: 1. rational division of labor; 2. increasing the efficiency of managerial work; 3. creation of an organizational and legal basis for the labor activity of employees; 4. regulation of the relationship between the employee and the employer; 5. ensuring objectivity and validity in the course of appraisal of an employee, his encouragement and imposition of a disciplinary sanction on him; 6. organization of optimal education, training and advanced training of personnel; 7. strengthening labor discipline in the organization; 8. drawing up labor contracts; 9. resolution of labor disputes. 1.3. The job description is developed based on the tasks and functions assigned to a particular employee, in accordance with the staff list, the Internal Labor Regulations, in compliance with the Constitution of the Russian Federation, the Labor Code of the Russian Federation and other regulatory legal acts. 1.4. The basis for the development of job descriptions are the qualification characteristics (requirements) for the positions of employees and for the professions of workers, which are approved by the Ministry of Labor of the Russian Federation. 1.5. A job description is drawn up for each position organization and is announced to the employee against receipt at the conclusion of an employment contract, as well as when moving to another position and during the temporary performance of duties in the position. |
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2. Requirements for the content of the job description 2.1. The job description indicates the name of the organization, the specific position, details of approval and approval. 2.2. The job description consists of sections: I. General provisions. II. Job responsibilities. III. Rights. IV. A responsibility. 2.3. In section I "General provisions" indicate: 1) job title; 2) requirements for the education and length of service of an official who fills this position (qualification requirements); 3) direct subordination (to whom this official is directly subordinate); 4) the procedure for appointment and dismissal from office; 5) the presence and composition of subordinates; 6) the procedure for replacement (who replaces this official during his absence; who replaces this official); 7) the possibility of combining positions and functions; 8) the regulatory framework of his activities (fundamental regulatory and organizational and legal documents, on the basis of which an official carries out official (labor) activities and exercises his powers). The section may include other requirements and provisions specifying and clarifying the status of an official and the conditions of his activity. 2.4. Section II "Rights" contains a list of rights that an official has within his competence in the performance of his official duties. The section reflects the relationship of an official with other structural divisions of the organization and officials based on the duties and powers assigned to him. In addition, the section specifies the rights of an official, taking into account the specifics of the duties performed. 2.5. Section III "Responsibilities" contains a list of the main functions of an official. In addition, this section indicates the duties of an official assigned to him in accordance with the practice established in this structural unit for the distribution of other duties performed by this unit by decision of the head of the organization. 2.6. Section IV "Responsibility" indicates the degree of responsibility of an official for non-compliance with the requirements established by the job description, local legal acts and labor legislation of the Russian Federation. The section may include other items that clarify and specify the responsibility of an official. 2.7. An integral part of the job description is the familiarization sheet, which is maintained in the organization and serves as proof that the employee has read the job description. |
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3. The procedure for the development, approval, approval and implementation of the job description 3.1. The job description is developed by a specialist in the personnel management service, or by the head of the structural unit, or by a person authorized by the head of the structural unit. Signed by the head of the structural unit or a specialist developer. 3.2. The job description must be drawn up in accordance with the Standard form of the job description (Appendix No. 1 to this Regulation) with the obligatory observance of the details specified in it. 3.3. The job description must be agreed with the legal department (legal adviser) of the organization. 3.4 The job description is approved by the head of the organization. 3.5. The job description comes into force from the moment it is approved by the head of the organization and is valid until it is replaced by a new job description developed and approved in accordance with the Regulations. 3.6. The requirements of the job description are mandatory for an employee working in this position, from the moment he reads the instructions against signature and until he is transferred to another position or dismissed from the organization, which is recorded in the appropriate column of the familiarization sheet. 3.7. Amendments and additions to the current job description are made by issuing an order from the head or approving the text of the job description as a whole, taking into account the changes and additions made. 4. Final provisions 4.1. The agreed and approved job description is numbered, laced, certified by the seal of the personnel department and stored in the personnel department or the relevant unit in accordance with the established procedure. The shelf life of the job description after replacing with a new one is 3 years. These Regulations come into force from the moment of approval by its head of _______________ LLC. |
Application No. 1
to the Regulations on the job description
OOO "_________________"
dated "___" ___________ 2006
STANDARD FORM
JOB INSTRUCTIONS
I. General provisions.
III. Job responsibilities.
IV. A responsibility.
This Instruction was developed by _________________________________________________
Position, name of the structural unit
signature, full name
AGREED
Head of the legal department
OOO "______________________"
___________ /______________________/
signature, full name
Familiar with instructions
___________/__________________/
signature, full name
As we noted earlier, there is no standard for writing job descriptions. However, there are general approaches and rules that are useful when developing them.
Based on the practice of organizations, it can be argued that draft job descriptions can be developed by the following persons:
specialist of the personnel management service or (human resources department);
the head of the relevant structural unit;
The employee himself together with the immediate supervisor.
To impose on a specific employee or group of employees the obligation to develop job descriptions - the employer decides on his own.
I would like to note that the heads of structural divisions should take the leading place in the discussion of the draft job description, in its verification. Since they are the ones who recruit staff, evaluate the performance of employees. It is they who use this document as the main management tool in working with their subordinates. Therefore, if they actively participate in the creation of instructions, then real problem areas will be revealed, and it will become clear how to eliminate them.
The choice of who exactly will develop job descriptions depends on the general methodology for developing job descriptions and capabilities specific organization(employer).
An analysis of the literature on this issue allows us to identify three of the most common methodological approach to the development of the job description:
1. Analysis and adjustment of existing personnel documents;
2. Drawing up job descriptions based on the results of a survey (questionnaire) of employees at the workplace;
3. Drawing up job descriptions by a method coming from the description of business processes.
The first approach is based on the use of a method that involves the collection of documents (both internal and external), and on the basis of them, an analysis of the overall structure of the organization of labor for a particular employer and a description of existing subsystems and their functions - from the functions of structural divisions to the functions of direct executors. AT broad sense this approach involves diagnosing the existing management structure in order to transform it in accordance with the tasks of current activities and strategic goals. As a result, it is necessary to correct the existing set of personnel documents, bring the provisions on structural divisions in line with them, and develop a package of job descriptions. At the same time, both the “brainstorming” method and the classic way of using existing industry standard and exemplary job descriptions approved by various departments and tariff and qualification guides for employee positions and workers’ professions approved by the Ministry of Labor of the Russian Federation can be used.
The second approach involves a survey of leading specialists and ordinary employees and provides a lot of useful information for analyzing the distribution of functional responsibilities that a particular employer has and finding ways to improve staff performance. In addition, information obtained through employee interviews can fill in the absence or inaccuracy of information in existing personnel documents, and thus complement the first approach.
To develop job descriptions, questionnaires should be designed so that it is possible to conduct a survey at two levels:
survey of management and leading specialists responsible for functional areas or individual blocks of work (“what functions, in their opinion, are performed by departments”);
Interviewing ordinary employees of these units (“what they are actually doing”).
In addition, questionnaires can be designed in such a way as to assess the opinion of employees not only about the actual, but also the desired distribution of functional responsibilities:
survey of employees about the actual distribution of functional responsibilities (“what functions are actually performed”);
The opinion of employees about the desired distribution of functional responsibilities (“what functions, in their opinion, should be performed”).
The third approach, coming from the description of business processes, successfully solves the problem of rational distribution of functional responsibilities and the creation of an appropriate package of job descriptions.
A business process is a flow of work passing from one specialist to another or from one department to another, it is a production and commercial chain. As a rule, there is no standard set of business processes. Each employer has its own list, which is determined by the specifics of labor and management.
The analysis of the described business processes gives the most complete and complete picture of the organization's activities, understanding the role of each employee in the overall process, allows you to determine the comparative value of individual employee functions for the implementation of common goals.
If the entire organization of labor at a particular employer is described using business processes, the development of job descriptions based on them is greatly simplified. The description of business processes reveals the "horizontal" links between departments and employees and ensures that no work is overlooked, all functions are distributed among the performers correctly. All business operations implemented by employees identified as a result of this approach can be successfully used in documenting the labor functions, rights and obligations of employees in job descriptions.
However, this method is less common than others, since only a few employers can afford to have a complete description of the entire economic activity as a system of processes, and even fewer employers can talk about business process management. As a rule, a business model is developed that includes only the “key” business processes that most strongly affect competitiveness.
Thus, the three considered methodological approaches to the development of job descriptions, ultimately, represent three models for describing the organization of labor: “according to documents” (“view from above”), “view from below” using a survey of employees and “from processes”. It can be assumed that with a combination of these approaches, the greatest effect will be achieved when developing a draft job description. Each of them, with varying degrees of accuracy, helps to determine what each structural unit does or should do (from a department to a particular employee). In any case, with their help, you can build a hierarchy of all personnel documents, which are based on job descriptions.
After the draft job descriptions are developed, it is necessary to perform two more legally significant actions: to coordinate them and approve them.
However, before that, the job description must be signed. Who signs and approves the text of the job description? Note that these are different things. Common Mistake consists in the following: it is unlawful for the same person, within the framework of one document, to perform two different legal actions. By general rule: the job description is signed by its developer, and the manager approves.
The job description, as a rule, is agreed with the legal department or legal adviser, as well as with the relevant structural units or official, on whose activities the implementation of the provisions of the job description depends.
The lawyer will check job descriptions for compliance with legislation and labor protection requirements, and also clarify whether their provisions are consistent with local regulations and employee employment contracts. Then he will put his visa on the job description. It is not worth neglecting the legal examination of the content of these documents, since even for one or another speech construction, a lawyer can determine the prospects for a possible labor dispute (the legal aspect of drafting job descriptions was discussed in more detail in section 1.2 of this book).
The final step in creating job descriptions is their approval. The employer or the head of the organization (or a person authorized by the head to perform these actions) puts his signature and date on the stamp: “I approve”. The job description comes into force from the moment of its approval and is valid until it is replaced by a new job description. The approval of the job description of the head of the organization is carried out by the management body of the organization (owner). The head of the structural unit approves the job description if this is within the scope of his powers established by the job description and (or) the employment contract.
Moreover, the job descriptions are approved by the head of the organization (employer) alone. Labor legislation does not provide for taking into account the opinion of the representative body of workers in the creation and approval of instructions, which distinguishes this document from other local acts.
Accounting for the dates of approval of job descriptions, as well as changes to them, is an important point in the application of job descriptions. The paperwork procedure adopted by a particular employer should provide for a journal (“Journal of registration of job descriptions and changes to them” or “Registration book ...”), which would record such information as the name of the instruction, the date of approval, the introduction of changes into it, the nature of the changes . The presence of such a journal, at first glance, may seem redundant. But since job descriptions are documents regulating the activities of a particular employee, various legally controversial situations may arise. This is where this information can be invaluable.
They store approved and agreed job descriptions in accordance with the established procedure for office work adopted by a particular employer, as a rule, one copy in the personnel department, others in the structural unit and with the employee himself.
According to the “List of typical management documents generated in the activities of organizations, indicating the periods of storage”, approved by the head of the Federal Archival Service of Russia on October 6, 2000, the instructions on the rights and obligations of officials (job descriptions) must be stored within the following periods:
a) typical (exemplary)
At the place of development and approval are stored permanently;
In other organizations, they are stored for 3 years (after replacement with new ones).
b) individual (personal) are stored for 75 years as part of personal files.
The structure and content of the job description is currently not regulated in detail by regulatory legal acts, which allows you to create it taking into account the specifics of the organization of labor for a particular employer.
GOST R 6.30-2003, approved by the Decree of the State Standard of the Russian Federation of March 3, 2003 No. 65-st, imposes the following requirements on the language of the job description: “The text of the document is drawn up in the state language of the Russian Federation or in the state languages of the constituent entities of the Russian Federation in accordance with the Federation and subjects of the Russian Federation”.
Order of the Ministry of Culture of the Russian Federation dated November 8, 2005 No. 536 “On the standard instruction for office work in federal executive bodies” prescribes the text of the job description to be stated in the third person singular or plural. In the text, use the words: “should”, “should”, “necessary”, “prohibited”, “not allowed”.
In the same place in paragraph 2.7.2.3. it is stated that “the ascertaining part of the job description is the section “General Provisions”, which indicates the grounds for development, the main purpose of the normative act and its scope, responsibility for violating the established rules and technologies.”
The main text of the instruction can be divided into chapters, paragraphs and subparagraphs. Chapters must have titles. Chapters are numbered with Roman numerals. The paragraphs and subparagraphs are numbered in Arabic numerals.
As a general rule, the main part of the job description must have the following sections:
I. general provisions;
II. official duties;
III. rights;
IV. a responsibility.
These are the main sections of the job description, the minimum without which this document does not exist.
Such a conclusion can be drawn on the basis of an analysis of existing industry-specific and standard and exemplary job descriptions approved by various departments (for example, “Sample job description of a trolleybus driver”, approved by Order of the Ministry of Transport of Russia dated October 8, 2003 No. AK-25-r; “Sample job description of the head department documentation support customs authority”, approved by the Order of the Federal Customs Service of the Russian Federation dated October 18, 2004 No. 160).
If necessary, additional sections can be added to the document, for example:
· Criteria for evaluating the quality of work;
· Certification procedure;
Working hours (if the employee has a special or individual work schedule or is given the right to independently organize and plan his working day);
· Relationships. Relationships by position;
· The order of approval and change of the job description.
Consider the content of the main sections of the job description in more detail.
Section I "General Provisions" should contain the following items:
1) Job title.
The exact title of the position must be indicated in accordance with the staff list and indicating the category of employee.
In order to ensure social, pension and other guarantees for employees in the cases specified in Article 57 of the Labor Code of the Russian Federation, there is a direct obligation of the employer to indicate the names of positions in accordance with qualification directories, which in turn contain the names of positions in accordance with the All-Russian Classifier of Occupations of Workers, Positions of Employees and tariff categories OK-016-94 (OKPDTR)”.
As the “Qualification Handbook of the Positions of Managers, Specialists and Other Employees” indicates, labor law has adopted a classification of employees into three categories: managers, specialists and other employees ( technical performers). Assignment to one or another category is carried out depending on the nature of the predominantly performed work that constitutes the content of the worker's work (organizational and administrative, analytical and constructive, information and technical).
The titles of the positions of managers can be as follows:
· director; CEO (Chairman);
· supervisor;
· Chief;
· manager;
manager;
· manager
They can also be derived from the names of specialists:
the chief physician;
· Chief Accountant;
· Chief Engineer.
The titles of positions corresponding to the category "Specialists" can be as follows:
· administrator;
· programmer;
inspector;
· accountant;
legal adviser.
This group includes persons with special knowledge, skills, work experience, who have received a specialty in higher or secondary education, confirmed by the assignment of qualifications to a person.
The group "Other employees" (technical performers) is formed by employees who perform regulated and methodically elaborated, periodically recurring work related to the activities of the relevant structural unit, under the control of the immediate supervisor. As a rule, the requirements for their qualifications are reduced to the initial professional education or average (full) general education and special knowledge according to the established program without presenting requirements for work experience.
The titles of positions corresponding to the category "Other employees" can be as follows:
laboratory assistant;
· secretary;
· freight forwarder;
clerk.
With regard to job titles, it should also be added that employers can designate the names of managers and specialists as derivatives of the main position. For example:
· Deputy Head;
· Leader;
· Older;
Job responsibilities of derivative positions, requirements for their knowledge and qualifications are determined on the basis of the characteristics of the corresponding basic positions contained in the Qualification Handbook.
Finally, the issue of the distribution of duties of deputy heads of enterprises, institutions and organizations is decided on the basis of internal organizational and administrative documents.
Vice (from the Latin Vice) - instead of, like. As a rule, the use of job titles with a vice-particle is typical for large corporations (holding vice president) and government bodies (vice mayor, vice prime minister). The vice particle has the task of designating the “second” person in the organization, who is the immediate deputy, assistant manager for all (individual) controls and can temporarily occupy the head’s place during his absence or illness.
Paragraph 7 of the Qualification Handbook in the case of the titles "leading" and "senior" provides for the following:
“The use of the official title “senior” is possible provided that the employee, along with the fulfillment of the duties stipulated by the position held, manages the executors subordinate to him. The position of "senior" may be established as an exception and in the absence of performers in the direct subordination of the employee, if he is assigned the functions of managing an independent area of work. For positions of specialists for which qualification categories are provided, the official title "senior" is not applied. In these cases, the functions of managing subordinate performers are assigned to specialist I qualification category.
The job responsibilities of the “leaders” are established on the basis of the characteristics of the respective positions of specialists. In addition, they are entrusted with the functions of a manager and responsible executor of work in one of the areas of activity of an enterprise, institution, organization or their structural subdivisions, or duties of coordination and methodological guidance groups of performers created in departments (bureaus), taking into account the rational division of labor in specific organizational and technical conditions. The requirements for the required work experience are increased by 2-3 years compared to those provided for specialists of the first qualification category. Job responsibilities, requirements for knowledge and qualifications of deputy heads of structural divisions are determined on the basis of the characteristics of the respective positions of heads.
In connection with the formation and development of market economic relations in our country, the Qualification Guide has been supplemented with new qualification characteristics for the positions of employees, for example, auditor, auctioneer, broker, dealer, manager, appraiser, marketing specialist and others.
The characteristics of the position of a manager - a professional manager - require special attention. Managers can exercise qualified management:
activities of the entire organization (top management),
its structural subdivisions (middle link) or
· ensure the implementation of certain activities in the field of business (grassroots link).
The criterion for delimiting the level of management is the scale, limit of authority, responsibility, and the degree of detail of the functions performed.
Top and middle-level managers can be considered all managers - directors of enterprises, institutions and organizations and other line managers - heads of workshops and other structural divisions, as well as functional departments.
Managers of the relevant profile perform the following main functions: marketing, personnel management, logistics, advertising and information services, etc.
If necessary, based on the basic job description manager given in the Qualification Handbook, qualification characteristics or job descriptions for managers of other specific titles can be developed, provided that the functional orientation and content of their activities correspond to the manager's position.
2) Qualifications.
First of all, the requirements for education and work experience are indicated. In necessary cases, the availability of certificates, certificates confirming the presence of any special skills is stipulated.
This item is being developed on the basis of the provisions of the section "requirements for qualifications by pay categories" of the Qualification Handbook for the positions of managers, specialists and other employees . However, persons who do not have the special training or work experience set out in the qualification requirements, but who have sufficient practical experience and performing their official duties with high quality and in full, on the recommendation of the attestation commission, as an exception, can be appointed to the relevant positions in the same way as persons with special training and work experience (paragraph 10 of the Decree of the Ministry of Labor and Social Development RF dated August 21, 1998 No. 37).
Note.
The job description may include other requirements in accordance with federal laws, for example, the citizenship of the Russian Federation for civil servants. At the same time, restrictions and advantages related to gender, race, nationality, language, social and official status, age, place of residence, political opinions and other social characteristics of the individual that are not related to the labor qualities of the employee, which are qualified as discrimination in the sphere of work, are unacceptable. (Articles 3, 64 of the Labor Code of the Russian Federation).
3) Direct reporting.
It is indicated to whom the employee is directly subordinated.
Sometimes there is a special section “Relationships. Communications by position”, which lists the circle of officials with whom the employee enters into official relations and exchanges information, indicates the terms for obtaining and providing information, determines the procedure for signing, agreeing and approving documents.
4) Presence and composition of subordinates(for leaders).
This item can be included in the "Job Responsibilities" section.
5) Procedure for appointment and dismissal.
6) Substitution orderby position.
It is indicated who replaces this official during his absence; and also who replaces this official. A scheme of interchangeability or redistribution of duties can be fixed, including the procedure for receiving and transferring money by financially responsible persons.
7) Fundamental regulatory and organizational and legal documents,by which the employee should be guided in his activities.
Usually, the list of standards indicates the current legislation, documents of the management bodies of the organization (enterprise), current regulatory and technological documents, internal labor regulations, regulations on the structural unit and a specific approved job description, whose oral and written orders the employee performs (in addition to the orders of the immediate supervisor or in his absence).
This item is developed on the basis of the “must know” section of the Qualification Directory for the positions of managers, specialists and other employees.
The section may include other requirements and provisions specifying and clarifying the status of an official and the conditions of his activity. For example, is the employee a member of any collegial body ex officio (for managers it is especially important to secure their membership in attestation, qualification, budget, personnel and the like commissions, and for ordinary employees - the possibility of their inclusion in the commissions for acceptance - transfer cases, inventory, write-off of property, etc.).
Section II "Job Responsibilities" contains a list of specific tasks, works, operations assigned to the employee. Sometimes there is another section "Functions", which lists the main areas of activity of the employee, taking into account the tasks and functions of the structural unit.
The form of employee participation in the management process is indicated: manages, approves, provides, coordinates, controls, represents, supervises, executes, and so on. This section of the job description is developed on the basis of the section "Job Responsibilities" of the Qualification Directory for the positions of managers, specialists and other employees.
For ease of presentation of job responsibilities, the text of this section can be divided into two groups:
· The worker does the following:…
· The employee participates in ... or (performs jointly): ...
If necessary, the section on official, functional duties can be supplemented with universal wording of the general labor duties of any employee, enshrined in part 2 of article 21 of the Labor Code of the Russian Federation.
This is the main section of the job description, all other sections follow from the duties of the employee.
Section III "Rights" contains a list of rights that an employee has within his competence to fulfill the tasks assigned to him official functions and responsibilities.
The "Rights" section may contain the following items:
· the right of the employee to independent decision-making(listing issues that he has the right to decide on his own);
· the right to receive information, including confidential information, which is necessary for the employee to fulfill his duties;
· control rights(listing issues and actions, the execution of which the employee has the right to control, performing his functional responsibilities or on behalf of the manager)
· the right to issue orders, instructions and control their execution(right to demand performance certain actions from subordinates)
· the right to approve, approve, sign and approve documents of specific types.
In this section, you can also fix the right of the employee to make proposals for improving activities related to the performance of his immediate job duties, for improving the implementation of the functions and technologies in which he participates, and so on.
If necessary, universal rights common to all employees, enshrined in Part 1 of Article 21 of the Labor Code of the Russian Federation, can be included in the text of the section.
Section IV "Responsibility" indicate the degree of responsibility of the employee for non-compliance with the requirements established by the job description, local legal acts and labor legislation of the Russian Federation.
The section may include other items that clarify and concretize the responsibility of the employee for both non-fulfillment and improper execution specific job responsibilities. In the job description, you can list the groups of possible offenses characteristic of a particular type of activity.
For example, liability is established for violation of the requirements of organizational, legal and regulatory documents established in the "General Provisions" section of the job description and which the employee should be guided by in his activities. So, the chief accountant should be guided by the Law of the Russian Federation "On Accounting", the Tax Code of the Russian Federation and other documents, which provide for liability for specific offenses and failure to fulfill their duties by the chief accountant.
In necessary cases, the text of the job description specifies the provisions on the liability of the employee by position.
When compiling the text of this section, it must also be remembered that the number of formulated paragraphs in it should not exceed the number of paragraphs in the previous section “Rights”, and an approximately equal ratio of the volumes of rights and responsibilities granted is considered optimal.
When developing a job description, as a rule, the main attention is paid to its content, which is certainly important. However, we must not forget that the text becomes a document only after it has been given legal force, that is, it must have the appropriate form with all the necessary details correctly entered.
Note.
« Legal force of a document: the property of an official document that is communicated to it current legislation, the competence of the body that issued it and the established procedure for issuing”(Clause 25 of Article 2.1. GOST R 51141-98 “Office work and archiving. Terms and definitions”, approved by the Decree of the State Standard of the Russian Federation of February 27, 1998 No. 28). In management activities, the legal force of documents is very important, it confirms that documents can serve as a true proof of the information contained in them.
Job description in accordance with the "All-Russian classifier of management documentation" OK 011-93, approved by the Decree of the State Standard of the Russian Federation of December 30, 1993 No. 299, refers to the organizational and administrative documents of the organization. The requirements for the form of organizational and administrative documents are set out in the Decree of the State Standard of the Russian Federation dated March 3, 2003 No. 65-st “On the adoption and implementation of the state standard of the Russian Federation” along with the “Unified Documentation System. Unified system of organizational and administrative documentation. Requirements for paperwork”, GOST R 6.30-2003 (hereinafter referred to as GOST R 6.30-2003), which entered into force on July 1, 2003. This GOST R 6.30-2003 establishes three groups of requirements:
the composition of the details of documents;
· requirements for registration of details of documents;
· requirements for forms of documents, including forms of documents with a reproduction of the State Emblem of the Russian Federation.
When drawing up the final version of the job description, it must be taken into account that the mandatory details of the job description include:
1. name of the organization;
2. name of the document;
3. date and document number;
4. heading to the text (position title);
5. stamp of approval;
6. signature of the document developer;
7. approval stamp;
8. a note about the employee's familiarization with the document.
The first four of the listed details should be located at the top of the job description before its text. Immediately after the text comes the developer's signature, followed by the approval visa. Both the signature and the visas are placed on the job description before it is approved. A mark on the employee's familiarization with the document completes the procedure for compiling a job description.
Let us consider in more detail some of the requirements for the design of the details of the job description.
1. Name of company.
Note.
An organization is a legal entity that owns, manages or operational management separate property and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court, and must also have an independent balance sheet or estimate and be registered with state justice bodies in the prescribed manner (Articles 48, 51 Civil Code Russian Federation).
Above the name of the organization indicate the abbreviated, and in its absence - the full name of the parent organization (if any).
The names of organizations of the subjects of the Russian Federation, which, along with the state language of the Russian Federation (Russian), have the state language of the subjects of the Russian Federation, are printed in two languages.
The name of the organization in the state language of the subject of the Russian Federation or in another language is placed below or to the right of the name in the state language of the Russian Federation.
The abbreviated name of the organization is given in cases where it is enshrined in the constituent documents of the organization. The abbreviated name (in brackets) is placed below or after the full name.
The name of the branch, territorial office, representative office is indicated if it is the author of the document, and is placed below the name of the organization.
Note.
« A representative office is a legal entity located outside its location, which represents the interests of a legal entity and protects them"(Part 1, Article 55 of the Civil Code of the Russian Federation).
« Branch is separate subdivision a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office"(Part 2, Article 55 of the Civil Code of the Russian Federation).
2. Title of the document.
In order to give the form of the job description legal force, it is necessary, in addition to the name of the organization, to indicate the name of the organizational and administrative document (job description). The name "job description", as a rule, is written in the upper left corner of the form. In principle, if your aesthetic sense dictates that the name should be in the center, this will not be a big violation. It will have no effect on legal force.
3. Date and document number.
The date of the document is the date of its approval. The registration number of the document consists of its serial number, which can be supplemented at the discretion of the organization with the index of the case according to the nomenclature of cases, etc.
Note.
Props " Place of compilation or publication of the document” is indicated in the event that it is difficult to determine it by the requisite “ Name of company". The place of compilation or publication is indicated taking into account the accepted administrative-territorial division, it includes only generally accepted abbreviations.
4. Title to the text(Job title).
The title of the text includes summary document. The title should answer the question: who? For example: Job description of the inspector of the personnel department.
Note.
The position determines the content, scope of duties and powers of the employee replacing it - an employee.
The workers do their jobs. Profession - the main occupation, labor activity. (“Explanatory Dictionary of the Russian Language”, S.I. Ozhegov together with N.Yu. Shvedova, 1992).
The question often arises: is it necessary to develop job descriptions, for example, for a locksmith, loader, salesman, cook and other workers, since the name “job description” itself implies the job responsibilities of an employee in the corresponding position? This question is up to each employer. In principle, in order to organize the work of a worker, it is enough to indicate in the employment contract the main work according to the qualification characteristic or to issue this characteristic as an integral appendix to the employment contract. However, the job description for workers is convenient in that it can: firstly, supplement, specify the standard list of works determined by the tariff-qualification directory of works and professions of workers; secondly, to paint the subordination of the employee; thirdly, to determine the rights and responsibilities of the employee; fourthly, it can include provisions from other instructional documents (for example, for a cleaner - from the technical instructions for caring for sophisticated equipment, from the rules for being at the facility, etc.).
5. Approval stamp.
When approving a document by an official, the stamp of approval of the document must consist of the word I APPROVE (without quotes), the title of the person approving the document, his signature, initials, surname and date of approval.
Example 1
APPROVE
Director of Pobeda LLC
Personal signature V.A. Stepanov
the date
The document approval stamp is located in the upper right corner of the document.
6. Signature of the document developer.
This requisite includes: the name of the position of the person who signed the document; personal signature; signature decoding (initials, surname).
End of example.
Example 2
Head of Procurement Department Personal signature A.A. Borisov
7. Graph of approval.
The document approval stamp consists of the word AGREED, the position of the person with whom the document was approved (including the name of the organization), personal signature, signature decoding (initials, surname) and the date of approval.
End of example.
Example 3
AGREED
Head of the legal department of Pobeda LLC
Personal signature of A.S. Orlov
the date
8. A mark on the acquaintance of the employee with the document.
After the instruction comes into effect, it is necessary to familiarize the employee with it and put a mark on familiarization. The procedure for familiarization with job descriptions is not regulated by regulatory documents. You can choose one of the options:
· Familiarization log;
· Familiarization sheet (separate for each employee);
Signature of the employee on the job description.
The latter option seems to be the most preferable, since it accurately guarantees that the employee is familiar with this particular job description.
This requisite includes: personal signature; signature decoding (initials, surname) and date. For example, “I am familiar with the instructions”, signature, “Ivanov I.I.”, “February 01, 2006”.
Only from this moment on, the employer has legal, documented grounds to require the employee to fulfill the duties assigned to him. Since the job description, with which the employee was not familiarized with signature when hiring, cannot regulate the rights and obligations of the employee.
The job description is drawn up on a common form. The form should be made on white paper or light-colored paper. Each sheet of the document must have fields of at least:
20 mm - left;
10 mm - right;
20 mm - top;
20 mm - lower.
Page numbers are placed in the middle of the top margin of the sheet.
The approved instruction (together with the familiarization sheet, if any) is numbered, filed and certified with the seal of the organization or individual entrepreneur. On the back of the last sheet of instructions, an entry is made: “In the job description, so many sheets are numbered, filed” (the number of sheets is in words). The person who approved the job description certifies this record with his signature, puts the transcript of the signature and the date. And finally, the stamp is put.
So that job descriptions do not become useless papers, they must be dynamic, quickly reflecting structural, organizational, production and other changes. That's why Special attention they should be kept up to date. This approach makes job descriptions relevant documents, the content of which corresponds to the conditions, tasks and needs of management.
How often should the text of the job description be changed? In this matter, an extreme is possible: some personnel workers, showing excessive zeal, update job descriptions annually. This is not always justified. Changes to job descriptions are necessary, for example, in the following cases:
when changing official powers and responsibilities;
when transferring to another position (job) with the same employer;
when an employee is assigned additional work in another or the same profession (position) along with his main job duties;
when reorganizing a legal entity;
when changing the staffing table (downsizing, introducing a new staff unit);
when changing the name of the organization (or making other changes to the constituent documents) or structural unit;
when changing the surname (or initials) of the employee, if the instruction was individual (personal), etc.
Note.
In some cases, individual (personal) job descriptions are used, which are written for a specific employee and contain his surname and initials in the title to the text. This should only be done as an exception. If the instruction is written for a specific person, and not for a position, then when a new employee arrives, he will not be able to sign it, this will require making appropriate changes to it or approving a new job description.
The procedure for making changes to job descriptions may vary depending on when they are made: before the employee is hired for the relevant position or after.
In the first case, the procedure for making changes is simplified - no additional registration of the consent of the employee is required. You can create a new job description and approve it, or make changes to the job description by the appropriate order of the head.
Now let's imagine a different situation, when the management wanted to make changes to the job description of an employee already working in this position.
At the same time, the procedure for making changes to job descriptions differs greatly from the nature of the changes being made, namely, whether they relate to the terms of the employment contract determined by the parties or not. More about this.
The labor legislation defines the terms of the employment contract determined by the parties into mandatory (necessary), that is, conditions without which the employment contract cannot be considered concluded, and into additional (optional), the presence of which is determined solely at the discretion of the parties.
According to part 2 of article 57 of the Labor Code of the Russian Federation, mandatory for inclusion in an employment contract are following conditions:
Ø place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
Ø labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee);
Ø the date of commencement of work, and in the case when it is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;
Ø conditions of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
Ø the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
Ø compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
Ø conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
Ø a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
Ø other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
The employment contract may provide additional terms that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations. The legislator in part 3 of article 57 of the Labor Code of the Russian Federation includes the following conditions as additional ones:
Ø on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
Ø about the test;
Ø on non-disclosure of legally protected secrets (state, official, commercial and other);
Ø on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
Ø on the types and conditions of additional employee insurance;
Ø on improving the social and living conditions of the employee and members of his family;
Ø on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
This list is not closed and may be supplemented by agreement of the parties.
If the job description was drawn up as an appendix to the employment contract, then making changes to it will mean a change in the terms of the employment contract determined by the parties.
Changing the terms of the employment contract determined by the parties must be carried out in the manner prescribed by Article 72 of the Labor Code of the Russian Federation. That is, as a general rule, any terms of an employment contract can be changed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.
Accordingly, amendments to the job description specifying certain terms of the employment contract determined by the parties must be formalized additional document- an agreement concluded between the employee and the employer in writing.
Note!
There is a fairly common mistake: when changing one or another position in the job description, the old one is simply crossed out and a new entry is made. In no case is a strikethrough allowed in the job description, this legally devalues this document.
By changing the terms of the employment contract determined by the parties, the legislator understands, including transfer to another job.
According to article 72.1. The Labor Code of the Russian Federation transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work to another area with the employer.
Transfer to another job with the same employer is allowed only with the written consent of the employee, with the exception of cases provided for by parts two and three of Article 72.2 of the Labor Code of the Russian Federation. That is, in the presence of emergency circumstances (in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases that endanger the life or normal living conditions of all of the population or part of it) the transfer does not require the consent of the employee, but can be carried out for up to one month.
Note!
Transfer to another job should be distinguished from the transfer of an employee to another workplace. According to Article 72.1 of the Labor Code of the Russian Federation, it is not considered a transfer to another job and does not require the consent of the employee to transfer him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this is not entails changes in the terms of the employment contract determined by the parties.
Order documentation The written consent of the employee to the transfer depends on who initiates the transfer, respectively, this may be a statement from the employee or an agreement to change the terms of the employment contract determined by the parties. On the basis of a document reflecting the written consent of the employee, an order (instruction) is issued to transfer the employee, this order is the basis for making changes and additions to the current job description of the employee, the employee must be familiarized with this order against signature. In the case of a permanent transfer, a different procedure is appropriate: the publication of a new job description and its approval.
The legislator allows the possibility of changing the terms of the employment contract determined by the parties unilaterally - at the initiative of the employer, but only for reasons related to changes in organizational or technological working conditions and in the event of prior notice to the employee in writing (Article 74 of the Labor Code of the Russian Federation). At the same time, at the initiative of the employer, it is allowed to change all the terms of the employment contract determined by the parties, with the exception of changing the labor function of the employee (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee).
Under the change in organizational or technological working conditions in accordance with paragraph 21 of the Decree of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004, one should understand such changes in the organization of labor and organization of production, as:
Change of technique and introduction of new technology;
Improvement of workplaces on the basis of their certification;
Structural reorganization of production and the like.
Note!
In the event of a labor dispute, the obligation to provide evidence that the change in the terms of the employment contract determined by the parties is caused by a change in the organizational or technological working conditions lies with the employer.
Therefore, these changes must be documented, for example, in an order to change the organizational and technological working conditions, it is necessary to mention what specific conditions and changes are meant (commissioning of new equipment, automation accounting on the base computer programs etc.) with reference to supporting documents.
The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.
The employee must familiarize himself with this notice or order (instruction) of the employer, and confirm this fact with his signature on the document and putting down the date of familiarization. If the employee refuses to sign for receipt of a notification (other document) about the upcoming change in the terms of the employment contract determined by the parties, it is necessary to draw up an act about this with the involvement of witnesses.
Based on this notice (another document) issued by the employer, appropriate changes are made to the texts of the employment contract, job description, and other local regulations (Staffing, Regulations on structural divisions, etc.).
An employee who does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform with considering his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
With absence said work or the employee refuses the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation.
Thus, if the job description regulates certain terms of the employment contract determined by the parties, then its legal status causes two possible options for the employer to make changes:
1) by agreement of the parties (Article 72 of the Labor Code of the Russian Federation);
2) unilaterally, at the initiative of the employer, but taking into account the rules provided for in Article 74 of the Labor Code of the Russian Federation (in this case, the labor function of the employee must remain unchanged).
When solving personnel issues, managers often face the problem of redistributing labor duties, replacing a temporarily absent employee, and so on.
In the event that an employee is assigned additional work in another or the same profession (position), along with his main job duties, it is necessary to be guided by Article 60.2. of the Labor Code of the Russian Federation and comply with the requirements of Article 151 of the Labor Code of the Russian Federation on additional payment when combining professions (positions), as well as when expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work determined by the employment contract. An assignment to an employee of additional work is allowed only with the written consent of the employee. The period during which the employee will perform additional work, its content and volume are established by the employer also with the written consent of the employee.
The performance of additional work in another or the same profession (position) requires the introduction of appropriate changes, additions to the employment contract and job description of the employee. On the basis of a document reflecting the written consent of the employee to perform additional work in another or the same profession (position), an order (instruction) is issued to amend and supplement the current job description of the employee, which the employee gets acquainted with against signature. Or a separate document is drawn up - an agreement on amendments to the job description, which is signed by the employee and the employer.
It also happens that the employee has already been hired, and the job description for his position is approved by the employer later. Such a job description is put into effect in relation to this employee only if the employee expresses his consent to this in writing.
The reorganization of a legal entity, changing the name of the employer, making other changes to the constituent documents, or changing the name of a structural unit is also accompanied by making appropriate changes to local regulations on the basis of an order (instruction) of the employer, as well as to employment contracts, work books and, accordingly, to job descriptions of employees.
Recall that it is also important from a legal point of view to take into account changes in job descriptions. A special journal (book) for registering job descriptions (see section 2.1.3. of this book) should record information about the date changes were made to a specific job description and the nature of these changes (section title, what was changed, added or deleted).
After replacing with a new one, the previous job description must be stored for three years (paragraph 35 of the "List of standard management documents generated in the activities of organizations, indicating the storage periods", approved by the Federal Archive on October 06, 2000).
For more information on issues related to the development algorithm, coordination and approval of job descriptions, requirements for their form and content, you can find in the book of the authors of CJSC “BKR-INTERCOM-AUDIT” “How to develop job descriptions correctly and quickly. Sample Instructions".
Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud
A complete reference book of job descriptions for all sectors of activity.
How to draw up a job description correctly: design in accordance with GOST, sample 2017
AT Labor Code The Russian Federation or other regulatory legal acts do not contain requirements for the procedure for developing job descriptions: registration in accordance with GOST (sample). However, it should be borne in mind that the preparation of such a document is useful not only for the employer, but also for employees. How to issue
Job description, title page: sample
Download related documents:
The job description, drawn up in accordance with GOST, the sample is one of the important regulatory documents, which regulate the duties of a certain employee holding a particular position, as well as the requirements for his qualifications, all rights and the degree of responsibility.
In the letter of Rostrud dated October 31, 2007 No. 4412-6, an important place is given to the design of the job description. Rostrud specialists indicated the main requirements for the design and content of such a document, and also emphasized that the job description refers to the most important local regulatory document that regulates labor relations. Is the organization required to draw up and
A properly executed job description contains all the qualification requirements for the relevant position, as well as a complete list of job responsibilities of specialists, the boundaries of professional responsibility and authority.
Note! The execution of a job description in accordance with GOST, a sample of 2017, will allow employers, in the event of labor disputes, to prove the legitimacy of the requirements, as well as to justify to tax inspectors the compliance of the costs incurred for wages.
Registration of the job description in accordance with GOST and the sample is carried out in the form of a separate document or an annex to the main employment contract. The employer should take into account that when drawing up a document in the form of an annex to the concluded employment contract, any changes to the instructions can be subsequently made after execution and signing additional agreement to the main contract. How if the position is not included in the qualification directory
What mistakes to avoid when preparing a job description in accordance with GOST
A common mistake of the employer is that the text of the employment contract itself contains the following conditions: “The job responsibilities of a specialist are determined by the DI, which refers to an integral part of the employment contract.” At the same time, the instruction is either completely absent, or is drawn up in the form of an independent document, which in itself is already a violation. How many CIs should
Therefore, if the concluded employment contract contains a wording with such conditions, the sample job description provides for:
- first of all, the presence of the instruction itself;
- secondly, the document is drawn up as a direct annex to the main employment contract, the instruction must be attached or filed in the TD.
Next, we will consider how to correctly issue a job description in the form of an independent document, and not an annex to the TD. It should be taken into account that such a DI should not be drawn up in a formal style. The document, first of all, is developed for the employer and the employee himself, and not for the inspectors labor inspections who will not impose a fine on the organization even if total absence it contains job descriptions. Can a document fixing , be called DI
What are the requirements for a job description?
The job description sample design in accordance with GOST R 6.30-2003 is only advisory in nature. A unified form of such a document has not been developed and filling in the DI is not regulated at the legislative level. Useful article: How to determine required organizations
Each company decides on its own how to draw up a job description and fill out a sample. It is rational to prescribe the order of compilation in the internal regulations or documents of the organization. Useful article: How to formalize the performance of work that is not included in
Note! If the rules internal regulations, employment contracts, other documents, references are made to DI, in this case, the procedure for issuing a job description in accordance with GOST or according to a free sample becomes mandatory.
The job description template should be:
- laced;
- numbered;
- provided with continuous numbering;
- all applications are numbered;
- the document is drawn up on sheets of A4 format;
- sections are numbered with Roman numerals;
- all paragraphs and subparagraphs are numbered in Arabic numerals;
- Section names are typed in capital letters for clarity.
It should be taken into account if for a certain position it is recommended to apply professional standards without fail, the title page job description, the filling sample contains relevant information that the document has been drawn up taking into account the requirements of professional standards. See the mark sample. .
The document is approved by order CEO or an authorized person who replaces him.
Basic rules for issuing job descriptions for employers
Job description, on the example of registration, the relevant rules must be observed:
- first, they fill in the main text part, in which they determine the labor function for a specific position, for which the DI is compiled;
- the document is drawn up taking into account qualification reference books, as well as professional standards. Moreover, the use of reference books and professional standards is mandatory if benefits or compensations are established for a certain position, appropriate restrictions (part 2 of article 57 of the Labor Code of the Russian Federation) or strict qualification requirements (part 1 of article 195.3 of the Labor Code of the Russian Federation). In this case, the section qualification requirements the instructions correspond to the recommendations specified in the handbook or professional standards;
- sample correct design the job description contains structural distinctions;
- document as accurately as possible describes the actual labor activity and the functions assigned to the employee, his labor duties;
- job description is compiled collectively. Its design should not be entrusted only to an employee of the personnel department. Both the direct supervisor and higher-level managers must necessarily participate in the development and execution of the document. With this method of execution, the working document will take into account the specifics of each position as accurately and fully as possible and be used as the main instrument for regulating labor relations between the parties;
- when developing a job description on the rules for designing and filling out a sample, it is necessary to take into account the goals that the company plans to achieve with the help of DI. Such goals are divided into general and special. It is based on the regulation of personnel management issues, the creation of a legal framework that helps to resolve complex and controversial issues, and resolve labor conflicts. Job descriptions are traditionally taken into account during certification, assessment, and help to rationally divide labor duties.
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