How job descriptions are drawn up. Who should develop job descriptions. Who and why reads job descriptions, or goals, tasks, functions: from general to specific
Not all employing companies believe they need job descriptions. This is due to the peculiarities of legislative regulation. Unfortunately, the organization begins to apply such acts regulating the labor functions of employees only when problems have arisen with personnel or inspection bodies.
We will immediately determine that the mandatory presence in the organization job descriptions in 2018, labor legislation is not established. Thus, the employer has the right to independently decide on their development and approval. In this case, the company should take into account that in relation to the description of the labor function, the presence of which is a prerequisite employment contract, the content of the job descriptions of employees duplicates it.
At the same time, it should be noted that the appointment of job descriptions in 2018 is much broader. They regulate the organizational and legal status in the organization for each position, which is provided for by the current staffing table enterprise, as well as qualification requirements for it. In addition, the document establishes the employee's labor duties, his rights and responsibilities at this workplace. The versatility and coverage of many issues make these regulations an important component of work. But not everyone knows how to introduce them into practice without mistakes.
The development of job descriptions makes it possible to clearly delineate responsibilities and rights between employees both within one structural unit and within the entire commercial organization. Their use ensures effective interaction within labor collectives, as well as between departments.
Theme of the issue
Also read about when the court will not allow dismissal for absenteeism, how to detain an employee who wants to quit, and how to get back the money spent on the apartment.
Step-by-step instructions for developing job descriptions in 2018
Step 1 Review the regulations that establish the requirements for employee qualifications.
Define the job category using All-Russian classifier, industry qualification reference books or professional standard, if it is approved for specialists in this profession, as well as professional standards, if they are adopted for this position.
Step 2 Extract the necessary information from the documents.
Take the list of qualification requirements for the position from the sections "Requirements for qualifications", "Tariff and qualification characteristics", professional standard.
Step 3 Prepare administrative documentation and check the order of its application.
The procedure in which the appointment of an employee to a position and removal from it is determined in accordance with the procedure for filling positions, which is established by administrative documents or LNA (local regulations) of your enterprise. The documents on the basis of which the activities of the position are regulated, as a rule, include the charter of the enterprise, the internal labor regulations of the organization, the employment contract with each employee, job descriptions of employees, the regulation on the division, and other LNA organizations.
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Step 4 Examine the hierarchy of positions in the organization.
Determine the subordination according to the position in accordance with the hierarchy established by the staffing table and the structure of the unit.
Step 5 Determine the order of replacement.
Determine the procedure for replacing an employee in his absence in accordance with the procedure for appointment and dismissal.
Step 6 Define a list of responsibilities.
Scroll job responsibilities when developing a job description, it is necessary to draw up, taking into account the relevant sections of qualification reference books, as well as the functionality that is established by the professional standard for a specialist of this qualification. Responsibilities need to be adjusted taking into account the specifics of the specific workplace and production conditions.
Step 7 Find out the credentials of the employees.
In the "Rights" section, specify the powers that will be assigned to this position and which are necessary for the effective performance of the assigned job duties.
Step 8 Establish a zone of responsibility.
Responsibility, enshrined in a standard job description, is established in accordance with federal laws and local regulations of the enterprise. For a position that involves the signing of a liability agreement, indicate specifically what kind of liability will be provided for violation of the provisions of this agreement. In this section of the job description in 2018, it is possible to establish the assessment criteria by which the degree to which the employee fulfills his duties and uses his rights will be determined.
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This document refers to the internal mandatory acts governing the activities of the enterprise. Such instructions usually regulate the specifics of management, reporting, support and coordination of employees' activities. Therefore, we should not forget about the general rules for registration of job descriptions.
Features:
Modern office work requires the preparation of coordinated and consistent local acts. They are designed to achieve three goals:
- create an organizational and legal basis for employees;
- increase the level of responsibility;
- increase labor productivity.
Each sample job description has its own nuances. At the same time, the law does not establish any uniform rules.
This legal act must successfully fulfill the following tasks:
- rationally distribute responsibilities between employees, taking into account their level of qualifications, knowledge, labor productivity and other features;
- ensure timely control over the quality of performance of labor duties;
- determine the rights of all parties;
- to give specific criteria for assessing the quality of work.
Job descriptions are usually developed by managers structural units the firm on the basis of the functions performed by the employee and the internal rules of the company.
Requirements for registration of job description
The document in question is a local regulatory legal act, therefore it has its own specifics. It is drawn up in three copies:
- 1st - transferred to an employee of the personnel department and attached to the staffing table;
- 2nd - remains with the head of the structural unit, since his duties include monitoring the quality of work;
- 3rd - given to the employee of the organization for whom the job description is intended.
The job description can be an appendix to the employment contract or be published separately. If necessary, the content will be agreed with the trade union.
Here are the basic requirements to consider when drafting your text:
- unambiguity - information should be presented so that no ambiguous interpretations arise;
- information capacity;
- persuasiveness - phrases must be convincing and logical;
- coverage of all major issues related to the employee's activities.
What to include in the job description
According to generally accepted formats, the document must disclose all issues that relate to the employee's work activities. When preparing the content, we recommend that you be guided by the decree of the Ministry of Labor No. 37. This is a Qualification Handbook of Positions containing general characteristics for all of them. The text only needs to be adapted for a specific organization.
How to issue a job description: stages
Depending on the complexity of the document, it can be drawn up by the heads of departments or directly by the heads of organizations. Such a procedure may be required:
- if a new branch or division is opened;
- when introducing new position;
- when changing labor functions.
Based on the rules established by state standards, the following details must be present in the [instructions]:
- the name of the enterprise - indicate completely in accordance with the constituent documents;
- date of approval;
- registration extension number;
- a stamp giving legal significance;
- a mark on the presence of an attachment - put in the presence of such a condition in it, when the job description is an attachment to separate administrative documents;
- manager's visa - includes the position and name of the department of the enterprise. It is located below the signature.
At the first stage of document execution, a preliminary version of the content is prepared, taking into account.
In the last issue of the "Handbook of a Personnel Officer" we discussed the "pros" and "cons" of having an employer job descriptions * This article will be relevant for those who decided to develop and approve job descriptions in their company or check the relevance of those already approved, make the necessary changes to them or to correct previous mistakes.
The procedure for drawing up a job description is not provided for by regulatory legal acts, and each employer independently decides who develops it, how to draw up this document, what to provide for and how to make changes.
So, the employer can prescribe the procedure for the development, coordination and approval of job descriptions in the HR Records Management Instruction or even in a separate local regulatory act of the company, for example, in the Regulation on job descriptions ( appendix 1).
Who in the organization is responsible for developing and writing job descriptions?
In practice, job descriptions are drawn up by:
- or the personnel management department with the participation of specialists from specialized personnel or consulting agencies (in large companies);
- or the personnel department with the involvement of the heads of the relevant structural divisions (in medium-sized companies);
- or heads of structural divisions in relation to their subordinates (medium-sized companies);
- or a human resources specialist (in small firms).
Sometimes personnel officers are involved in the preparation of job descriptions for all full-time positions. In our opinion, this approach is incorrect in principle, since the job description is being developed, among other things, in order to distribute responsibilities among employees within a specific structural unit. And the leader of such a unit is best able to cope with such a task. The tasks of a personnel officer may include organizing the process of drawing up job descriptions, accompanying the stages of preparing draft instructions, helping compilers with drawing up instructions, agreeing on prepared projects with interested officials, drawing up and submitting the final version for approval to the head.
OFFICIAL INSTRUCTION FORM
In the All-Russian Classifier of Management Documentation (OKUD) OK-011-93, approved. Resolution of the Gosstandart of Russia dated 30.12.1993 No. 299, job description ( appendix 2) is assigned to the class of a unified system of organizational and administrative documentation (code 02), subclass “Documentation on organizational and regulatory regulation of the activities of an organization, enterprise” (code 52), its registration number is 051, the control number in OKUD is 9.
The unified form, in accordance with which the job description is developed, is not established by regulatory enactments. When preparing the job description and making changes to it, one should take into account the requirements of the State standard GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork ”, enacted by the decree of the Gosstandart of Russia dated 03.03.2003 No. 65-st (letter from Rostrud dated 31.10.2007 No. 4412-b).
For example:
- regulations are developed for the entire company and its structural divisions, to which the job descriptions of the head of the company, his deputies and heads of structural divisions are attached;
- job descriptions are developed for ordinary employees and specialists;
- for blue-collar occupations - tariff and qualification characteristics, since the presence of a job description in this case is not provided (Resolutions of the Ministry of Labor of Russia No. 54 of July 16, 2003, No. 31 of November 10, 1992).
How exactly the job description will be called does not matter in principle. This conclusion follows from the letter of Ros- labor dated November 24, 2008 No. 6234-T3. Meanwhile, for workers holding certain positions, it is advisable to draw up and approve "job descriptions", and for the professions of workers, the terms " work instruction"," Production instruction "," instruction on the profession. "
There are no mandatory regulatory requirements for the structure and content of the job description. Typically, job descriptions include the following main sections.?
Section 1 "General Provisions".
Contains the official title of the position according to the staffing table, the name of the structural unit to which the given position belongs according to the organizational structure of the company, the procedure for appointing and dismissing from office, filling a position during the temporary absence of an employee, as well as general regulatory and methodological documentation, internal local regulatory acts of the company and its organizational and administrative documents (charter, orders, orders, etc.) required for professional activity official.
Note! From September 1, 2013, the Federal Law of December 29, 2012 No. 273-FZ “On education in Russian Federation»
Section 2 "Requirements for qualifications, knowledge".
Provides requirements for the level of necessary vocational training (in particular, education, qualifications) and the required length of service. When preparing this section, it is advisable to take into account the norms of the Law of the Russian Federation dated 10.07.1992 No. 3266-1 "On Education". This section also includes the basic requirements for special knowledge, skills and abilities, as well as knowledge of regulatory legal acts, methods and means that a specialist must be able to apply in the performance of job duties.
For example, according to paragraph 4 of Art. 7 of the Federal Law of 06.12.2011 No. 402-FZ "On Accounting" from January 1, 2012, the chief accountant or other official entrusted with the maintenance of accounting in open joint-stock companies (except for credit institutions) must meet the following requirements:
- have a higher professional education;
- have work experience related to accounting, drawing up accounting (financial) statements or auditing activities for at least three years out of the last five calendar years, and in the absence of a higher vocational education in the specialties of accounting and audit - at least five years out of the last seven calendar years;
- not have an unexpunged or outstanding conviction for economic crimes.
These requirements must be provided for in this section of the job description of the chief accountant.
The same section specifies the requirements for special rights (for example, admission to state secrets, etc.), which are necessary to work in the position and are enshrined in regulatory enactments.
What is the importance of competent drawing up of the first two sections of the job description?
From the correct drafting of sections 1 and 2 depends, for example, the justification for refusing to hire an applicant due to his inadequacy to the required business qualities, as well as the justification for different sizes of official salaries for positions with approximately the same set of functions, but different skill levels.
Section 3 "Job responsibilities".
Includes a detailed list of job responsibilities of the employee holding this position. The section describes in detail the specific types of work, each operation that makes up the performance of the labor function, as well as the timing of their implementation.
We develop job descriptions for employees of the economic service and accounting. Is it enough to indicate in the job description of an international financial reporting specialist the obligation to prepare and submit reporting documents? What operations and types of work can be provided for in the job description of an accountant employed in the VAT area?
We believe that when drawing up the job description of a specialist in IFRS, it is not enough to indicate only the fact that he forms international financial statements. Here you also need to specify:
1) in what standards such reporting is prepared - IFRS, IFRS, US GAAP, UK GAAP, etc.);
2) what computer accounting systems are used to generate these reports - SAP, 1C, Excel, Hyperion, etc.
In addition, it is also necessary to record that an IFRS specialist is obliged to participate in the preparation of the final annual set of financial statements of the company and, if necessary, in the formation of management reports.
The job description of an accountant (VAT section) may include:
- work in an accounting program;
- checking the correctness of VAT accrual;
- control of VAT deductions;
- keeping separate records of VAT and checking the correctness of the distribution of VAT on taxable and non-taxable transactions;
- daily filling of the journal of accounting of received and issued invoices, the book of purchases and the book of sales;
- preparation of invoices within five calendar days from the date of shipment of goods (performance of work, provision of services) or from the date of receipt of advance payments on account of the forthcoming shipment of goods (work, services);
- formation of indicators of the VAT tax return by the 10th day of the month following the reporting quarter;
- submission of a VAT tax return for approval and signing to the chief accountant by the 15th day of the month following the reporting quarter;
- submission to the IFTS of VAT tax returns by the 20th day of the month following the reporting quarter;
- quarterly reconciliation of VAT settlements with the Federal Tax Service Inspectorate;
- preparation of answers and selection of documents requested by the Federal Tax Service Inspectorate in the framework of cameral and tax audits;
- analysis of the total amount of VAT for the tax period and comparison with the approved budget of income and expenses;
- random inspection of the sale of preferential goods taxed at a 10% VAT rate.
When filling out section 3, it is worth using the Qualification Handbook of the positions of managers, specialists and other employees, approved. Decree of the Ministry of Labor of Russia dated 21.08.1998 No. 37, as well as the All-Russian Classifier of Occupations OK 010-93, approved. Resolution of the Gosstandart of Russia dated 30.12.1993 No. 298 (see Rostrud's letter dated 30.04.2008 No. 1028-c).
By the way
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Some employers provide for a separate clause in job descriptions that establishes the obligation of the employee holding this position (job seeker for the position) to undergo a polygraph test (lie detector). Polygraph - technical means, intended for vowel synchronous registration in the process of interrogating a person of the parameters of his physiological processes (including respiration, cardiovascular activity, changes in the electrical properties of the skin, motor activity and other processes) and allows presenting the registration results in analog and (or) digital form. The legal possibility of polygraph testing is not regulated in any way, and it can be carried out only with the consent of the employee himself (the applicant for the position). Any coercion is a violation of constitutional human rights. The Labor Code of the Russian Federation also does not contain norms allowing or prohibiting the use of such a device when working with personnel. Therefore, if the employer decides to apply this expensive research, then the procedure and conditions for the use of a polygraph must be provided in a local regulatory act. It is imperative to include the following provisions in this document:
The developed draft of the Federal Law No. 478780-5 "On the use of the polygraph" is currently being sent for revision in connection with the need to obtain an opinion from the Government of the Russian Federation. If this law is passed, employers will have more rights to use a polygraph when working with personnel. So, according to Art. 12 of the bill refusal to interrogate with the use of a polygraph of persons falling under Art. 9 of the draft law is the basis for refusal to apply for work (service) or admission to the performance of their labor (official) duties, with the exception of cases specified in Article 7 of the draft law. Prior to amendments to the legislation, it is unacceptable to envisage in the job description of an employee his obligation to undergo polygraph testing. Sometimes in the additional section of the job description "Rights and responsibilities" include the following conditions:
Reading email. According to par. 6 tbsp. 209 of the Labor Code of the Russian Federation, the workplace is directly or indirectly controlled by the employer. In addition, Art. 23 of the Constitution of the Russian Federation, it is established that everyone has the right, in particular, to inviolability of private life, secrecy of correspondence, telephone conversations, postal, telegraph and other messages. However, an employer's reading of a specialist's e-mail cannot be qualified as violating the requirements of the Constitution of the Russian Federation, since the computer on which the correspondence is carried out is the property of the employer, and it should be used by the employee only to fulfill his job duties. Consequently, the receipt by an employer of personal information from a specialist's work computer will not be a violation of the law. Therefore, the condition of the job description that the head of the specialist checks his corporate e-mail using forwarding is permissible. Audiovisual control. Video surveillance should be limited only to the workplace (Article 23 of the Constitution of the Russian Federation, paragraph 6 of Article 209 of the Labor Code of the Russian Federation). This can be provided for in the job description. In other places (corridors, smoking rooms, etc.), video surveillance is allowed only in order to ensure the safety of its employees (Article 212 of the Labor Code of the Russian Federation). It should also be borne in mind that using video recordings as evidence of being late or absent from the workplace is not enough, since disciplinary action cannot be applied solely on the basis of surveillance footage. Article 193 of the Labor Code of the Russian Federation obliges to have documentary fixation of disciplinary violations (an act of absence from the workplace, a memorandum, a written explanation of the employee or an act of refusal to give explanations). Wiretapping is prohibited, since such actions by the employer violate the secrecy of telephone conversations (Article 23 of the Constitution of the Russian Federation). The exception is when it is necessary to protect the health, life and safety of its employees (part 3 of article 55 of the Constitution of the Russian Federation). Only in this way the workers' rights will not be infringed. At the same time, companies providing various services have the right to provide in a local regulatory act for the need to record all telephone conversations between operators and customers in order to improve the quality of service for the latter and the normal functioning of the service. This is not prohibited by law. In this case, the recording in the job description of listening and recording all conversations between customers and operators is legitimate. In addition, the use of audiovisual control means must be enshrined in a local regulatory act and familiarize employees with it against signature. The covert establishment of audio and video surveillance systems may entail bringing the employer to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation. If the actions of the employer fall under the signs of a criminal offense under Art. 137 "Violation of privacy" of the Criminal Code of the Russian Federation, the inspector of the State Inspectorate for Information Technologies will send the relevant information to law enforcement agencies. |
What is the information specified in section 3 of the job description for?
Note! Responsibilities in the job description for all employees holding positions of the same name must be the same. If this is not the case, then it is better to rename the posts.
Section 3 is required:
- to substantiate the inconsistency of the position due to insufficient qualifications revealed by the results of certification, when an employee is transferred to another job, as well as when an employee who has not passed the test is dismissed;
- to transfer the authority of the employee for the period of his vacation, illness, business trip to a person temporarily replacing him;
- for the reasonable application of disciplinary measures to the employee;
- to account for certain types of expenses ( cellular, public transport costs, compensation for the use of personal transport, etc.) for profit tax purposes.
Section 4 "Rights".
Includes a list of the rights of the employee holding the given position and the procedure for exercising these rights.
For example, the right to use the company's resources for the performance of work duties, access to certain information, making decisions, obtaining data necessary for work; the right to sign certain types of documents; the right to control the execution of certain documents, the work of subordinates, compliance with labor discipline, etc.
Section 5 "Liability".
Contains a description of the area of \u200b\u200bresponsibility of the employee holding this position, for the results and consequences of his labor activity, for the facts of failure to take timely measures or actions related to the duties of the employee. In this section, you can list the groups of possible violations typical for this type of activity and include measures of criminal, administrative, material and disciplinary liability in accordance with the current legislation.
The management of a trading company is concerned about the problem of combating kickbacks - amounts that are secretly paid to a person making a decision or influencing a decision in a buying organization to purchase goods and (or) services by a representative of a supplier company offering these goods or services. Is it possible to somehow influence the situation by fixing the norms on responsibility in the job descriptions of "key" employees, for example commercial director?
These actions of officials fall under Art. 204 of the Criminal Code of the Russian Federation and legal language are called "commercial bribery".
In this regard, in the job description, for example, a commercial director, it is necessary to provide for the risks of such abuse :?
- ensuring transparency of pricing and transactions in accordance with the company's Regulations on the procedure for analyzing agreements (contracts);
- inadmissibility of purchasing goods at inflated prices;
- inadmissibility of closed agreements with buyers of partners for the purpose of paying unofficial fees ("kickbacks"), etc. In case of revealing such facts, the employee is held liable in accordance with the current legislation.
In addition to the main ones, the job description may include additional sections.
Section "Relationships. Relationships by position ".
Describes with whom and how the employee interacts internally and externally (internally - with the management of the company, with the head of a division, with other divisions; externally - with suppliers, buyers, clients, branches of the Pension Fund of the Russian Federation, FSS of Russia, bodies of Rosstat, IFTS, GIT, etc. as well as employee contacts between employees of the same and different departments).
In this section, it is advisable to establish the form, timing and frequency of submission and receipt by the employee of certain documents, including from counterparties, and reports in accordance with the company's document flow schedule. This section is necessary for employees to comply with the document flow schedule.
Section "Rights and responsibilities of the head of the specialist."
Explains to the employee holding the given position, the duties and powers of his immediate supervisor.
Section "Results".
He must explain to the employee why the given official unit is needed in the company, i.e. what results the employee should achieve by certain actions. It is better to do this, even if the result of the employee's work cannot be expressed in numbers, percentages. The result may be, for example, uninterrupted operation of the computer network, absence of conflicts and complaints from customers and visitors, absence of fines from tax authorities and extra-budgetary funds, etc.
Section "Evaluation of work efficiency (criteria for evaluating the performance of the position)".
Supplements the section "Results" and establishes criteria for assessing the effectiveness of the employee's work, the success of his work duties. Not in every case such a description is possible, but its presence helps in the future with material incentives for the employee. The presence of such a section can guarantee the employee an impartial attitude towards him by the management and will make the assessment of his work transparent and understandable.
Different companies may use different wording of the main and additional sections of the job description, but the content of these sections remains approximately the same.
ERRORS IN DRAFTING OFFICIAL INSTRUCTIONS
The job descriptions must not include provisions that contradict the current labor legislation. Let's consider the most common mistakes.
Error 1. In the job description, employers indicate the employee's obligation to quit for certain reasons, including of his own free will.
Rostrud in a letter dated 30.11.2009 No. 3520-6-1 "On the inclusion in the job description of the provision on the obligation to dismiss on certain grounds" explained that the provision on the obligation to dismiss on certain grounds (including voluntarily) is not the subject of the job description , since it does not apply to the labor function of the employee.
Please note: if the employee's job description contains such a provision, then if the dismissal is challenged in court, it will be easier for him to prove that the application was submitted of his own free will under pressure from the employer. Remember that the court, when dismissing an employee of its own free will, is guided by clause 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", according to which termination of an employment contract on the initiative of an employee is permissible only if the letter of resignation was his free will.
Error 2. The job descriptions provide for a system of penalties, in particular:
- for leaving the workplace during working hours for a total of more than 30 minutes (excluding lunchtime in accordance with the company's internal labor regulations);
- for playing computer games during working hours at the workplace;
- for meals, including chips and sweets, at the workplace;
- for accessing the Internet for personal purposes;
- for the use of players, other sound-reproducing equipment and devices;
- for reading any literature that is not related to official duties;
- for other activities (knitting, manicure, drawing, watching films at the workplace, etc.) that are not directly related to the duties performed;
- for being late for work or untimely appearance at work at the end of the lunch break;
- for smoking directly at workplaces or in unidentified places at an unspecified time;
- for appearing at work without special or uniforms or for non-observance of the corporate dress code, etc.
For violations of labor discipline, the employer has the right to apply only disciplinary sanctions - reprimand, reprimand, dismissal of the employee on the appropriate grounds (Articles 192 and 193 of the Labor Code of the Russian Federation). This is an exhaustive list of disciplinary sanctions, and there is no such punishment as a fine. In addition, the Labor Code of the Russian Federation prohibits deductions from salaries (Articles 22 and 137 of the Labor Code of the Russian Federation), with the exception of some options for accounting deductions (writ of execution, unworked advance payment, unworked leave, counting errors, etc.). Therefore, it is unacceptable to include such conditions in the employee's job description. If the labor inspectorate discovers that the employer is fining employees, then the company may be brought to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation (see the resolution of the Ninth Arbitration Court of Appeal dated July 24, 2006, July 28, 2006 No. 09AP-7824/2006 in case No. A40-25961 / 06-92-189).
Mistake 3. The job description stipulates the employee's obligation to be in touch 24 hours a day.
Suppose that it is really necessary for the employer due to the specifics of his activities or because of the location of branches (contractors) in different parts of Russia and the world with other time zones. But regardless of the reasons for this, the employee is not required to answer calls around the clock.
By establishing the obligation in the form of round-the-clock communication with the employee in the job description, the employer violates the employee's right to rest (paragraph 5 of article 2, paragraph 6 of part 1 of article 21 of the Labor Code of the Russian Federation). Therefore, the presence of such a duty in the job description is illegal. Accordingly, if the employee does not answer the call outside of working hours, this cannot serve as a basis for his dismissal or other disciplinary action (Article 192 of the Labor Code of the Russian Federation).
An exception can only be the situation of establishing a round-the-clock communication with an employee performing the functions of a consultant with a flexible working schedule, but subject to the establishment in the employment contract of a working time not exceeding 40 hours per week (Article 91 of the Labor Code of the Russian Federation). But even in this case, the risks of a labor dispute cannot be completely excluded, since too private calls to an employee during the day can be qualified by the State Inspection Service inspector as a violation of the employee's right to rest.
Mistake 4. Establishment in job descriptions of deliberately inflated, "out-of-the-line" production standards necessary for assessing work performance.
In the operator's job description on the phone in the "Performance evaluation criteria" section, one of such criteria provides for "achieving the target of 180 outgoing calls per day on the hot base of clients and 20 outgoing calls per day on the card index of" asleep "clients" with the corresponding simultaneous registration in the computer program of all outgoing calls made and prompt transmission (during the working day) of the information received to the managers of the respective departments. " Similar criteria are applied in call centers of the head office and branches (call centers, call centers, contact centers, centers of integrated subscriber services) in order to establish the dependence of the amount of the operator's salary on the phone on the established total number of calls, as well as on the number of effective calls ... Do such provisions of the job description violate the current legislation?
Establishing a prohibitive number of phone calls per day, their computer processing and subsequent routing to managers means, firstly, that operators on the phone are forced to regularly process, but this is not the only violation.
The operator's work on the phone, directly related to active speech interaction, requires constant auditory control and, in addition to this, the processing of the information received on the computer. The prohibitive number of calls that the operator can withstand leads to an excess of the sound pressure level at the workplace against the established maximum permissible standards, which is a violation of Art. 11, p. 2, Art. 25, p. 2, Art. 27 of the Federal Law of 30.03.1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population", clause 3 of Table 2 "Maximum permissible sound pressure levels, sound levels and equivalent sound levels for the main most typical types of labor activity and workplaces" and p. 5.3.1 "СН 2.2.4 / 2.1.8.562-96. 2.2.4. Physical factors of the working environment. 2.1.8. Physical factors of the natural environment. Noise at workplaces, in residential, public buildings and on the territory of residential buildings. Sanitary Standards ", approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of the Russian Federation of October 31, 1996 No. 36.
Therefore, we recommend that the employer, when determining the criteria for evaluating activities in the operator's job description, on the phone set a reasonable number of calls per day (for example, up to 100 calls), which does not violate the requirement of sanitary rules and regulations.
Mistake 5. In the case of training an employee at the expense of the employer (we are talking about expensive training in MBA programs, obtaining an international IAB or DipIFR qualification, an English-speaking international qualification ACCA or CPA, etc.), employers often include in the job description:
- or the unconditional obligation of the employee to complete the period established by the employment contract or the training agreement, if the employer pays for the training;
- or a provision stating that early dismissal of an employee (regardless of the grounds and reasons for dismissal) in case of payment for training by the employer is prohibited.
It is impossible to provide for such conditions either in the job descriptions of employees, or in labor contracts or training agreements, since forced labor after training for the agreed period is not provided for by law. The employer has the right only to collect tuition fees (see the rulings of the Moscow Regional Court dated 01.06.2010 in case No. 33-10642, the Moscow City Court dated 26.09.2011 in case No. 33-30833).
Part 4 of Art. 57 of the Labor Code of the Russian Federation provides for the possibility of including in an employment contract with an employee additional condition on the obligation to work after training for at least a certain period, eu
- HR administration
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"Personnel question", 2012, N 8
OFFICIAL INSTRUCTIONS: NUANCES OF REGISTRATION
In accordance with the All-Russian Classifier of Management Documentation (OKUD OK 011-93), job descriptions are assigned to the group of documents of organizational and regulatory regulation of the enterprise. They are part of a unified system of organizational and administrative documentation, that is, a set of documents that fixes issues of management, interaction, support and regulation of the activities of individual officials or categories of officials.
Modern office work defines the job description as a written organizational and regulatory document that clearly regulates the management, interaction, reporting, provision and regulation of the activities of a specific official of the enterprise and establishes the procedure for the application by these persons in their activities of both the provisions of the relevant legislative acts and the internal regulations of the enterprise (orders, instructions, etc.).
Correctly developed, coordinated job descriptions provide:
Rational division of labor between employees of the enterprise;
Uniform workload of workers;
Optimal distribution of work (tasks, assignments) between employees, taking into account the qualifications of the latter and depending on their complexity;
Possibility of timely and effective control of employees;
Understanding by employees of their responsibility for specific duties.
In addition, the availability of job descriptions significantly accelerates the training of newly hired workers at the enterprise, as well as workers of the enterprise moved to new positions.
A very important characteristic feature of the job description is its close relationship with documents related to other groups of documentation - in particular, with an employment contract, as well as with documents on the execution of disciplinary sanctions. The employment contract itself may contain the main provisions of the job description, and many managers are content with only this document. However, if in the labor contract, when describing the duties of the employee, there is a reference to the fact that he can be entrusted not only with the duties directly specified in the contract, but also others attributed to his competence by the job description and other local regulations, in this case, the presence of job description instructions in the enterprise documentation system are a must. In the case of labor disputes (both resolved within the enterprise and in court), when determining the degree of culpability for a disciplinary offense, among other things, it is usually taken into account how fully and accurately the employee fulfilled the relevant provisions of the job description.
The job description, being a local normative act of the enterprise, implies the presence of specific requirements for the content, structure, style of presentation and design. The most important requirements for the content of the job description are clarity, information capacity and credibility. At the same time, the clarity of the content is achieved by its extremely accurate formulation of both individual sentences and the entire text as a whole. The information capacity of the content is provided by the inclusion of sentences in the text that combine the minimum number of vocabulary units with the maximum semantic load. As for the persuasiveness of the content, the fulfillment of this requirement in relation to the job description depends primarily on how consistently its semantic components are located in the text and how logically the construction of the entire text of the document looks like.
As a basis for preparing the content of the draft job description, it is recommended to use the relevant provisions of the Qualification Handbook of employee positions, adapting them to the specific conditions of the enterprise and the corresponding structural unit.
There are also generally accepted formats of job descriptions. In general, the job description should cover the following issues related to the employee's activities as concisely, unambiguously and clearly as possible:
The name of the position and its place in the organizational structure of the enterprise;
Tasks assigned to the employee;
The status of an employee, the procedure for his appointment and dismissal;
Basic qualification requirements for an employee;
Basic requirements for an employee in relation to special knowledge, provisions of legislative and other normative legal acts, etc .;
Labor functions assigned to the employee;
Types of work or operations performed by the employee within the framework of the functions assigned to him;
Basic labor protection requirements, the observance of which is mandatory for the employee;
Employee's powers, their brief description;
The employee's relationship with other company officials;
Liability measures, the application of which is provided in relation to the employee in connection with non-performance or improper performance of his labor functions;
The procedure for making changes and additions to the job description.
Registration of job descriptions
The composition of the details of the job description in accordance with the instructions of Sec. 2 GOST includes:
Name of the type of document;
Date of the document;
Registration number of the document;
Place of preparation or publication of the document;
Document approval stamp;
Title to the text;
Document text;
Application availability mark;
Signature;
Document approval stamp;
Document approval visa;
A note on certification of a copy of the document;
Artist mark;
Identifier electronic copy document.
The name of the organization - the author (developer) of the document must be indicated in full, in strict accordance with the name enshrined in its constituent documents. Let us clarify that the names of organizations under the jurisdiction of the constituent entities of the Russian Federation, which, along with the state language of the Russian Federation (Russian), have their own state language, must be indicated in both languages.
Directly above the full name of the author (developer) organization, the abbreviated or, in its absence, the full name of the parent organization (governing body (authority)) (if any) is indicated. The abbreviated name of the author (developer) organization is indicated in cases where it is enshrined in its constituent documents.
The name of a separate structural unit of an organization - a branch, a territorial department, a representative office, etc. - is indicated if it is it that is the author (developer) of the document.
The name of the type of document must correspond to the types of documents provided for by OKUD (class 0200000 - "Organizational and administrative documentation"). Job description code as an element of organizational and administrative documentation - 0253051.
The name of the document type is located one or two lines below the last line of the "Organization name" variable. To display the name of the type of document, a font in bold and (or) uppercase type can be used: OFFICIAL INSTRUCTIONS (OFFICIAL INSTRUCTIONS).
The date of the document is a variable in which the time of approval, signing, etc. of the document is recorded. In the case we are considering, this is the date of approval of the job description (about the approval of the document and the corresponding requisite, see below). The date of the document is indicated immediately after its approval by an official with the appropriate authority. The date of the document is located one or two lines below the variable "Name of the type of document", taking into account the type of form on which the job description is drawn up.
The registration number of a document is a number assigned to it in accordance with the rules for registering documents in an organization. Let us clarify that the registration number of the job description, in addition to the serial number assigned to the document as part of the functional subgroup (the subgroup of instructions as part of the group of organizational and regulatory documentation), may include other conventional digital designations, such as: case index (in which it is supposed to store the control a copy of the job description) according to the nomenclature of the organization's affairs, the symbolic designation of the name of the type of document, information about the executor of the document, etc. The registration number of the document is supplemented symbol numbers "N" and is indicated on the same line with the "Date of document" variable (to the right of the last) immediately after the approval of the draft job description - with receipt for registration, taking into account the type of form on which the job description is drawn up.
The place of preparation of the document is indicated in the event that it is not possible to determine by the "Name of the organization" variable - for example, if the relevant information is not mentioned in the name of the organization. On the contrary, from the name "Non-state educational institution" Tver Center for Children's Creativity "it follows that the place of preparation of the job description is the city of Tver, and, therefore, in this case there is no need to use this requisite when drawing up a document.
The place of compilation or publication of the job description is indicated in accordance with the adopted system of administrative-territorial division, while for legal entities, the place of compilation of the document, as a rule, is its location, determined by place state registration (according to the so-called legal address) organization. The names of the settlements indicated as the place of compilation of the job description, if necessary, can be supplemented with generally accepted abbreviations.
The stamp of approval of a document is a requisite that gives a normative or legal character to its content. In general, the stamp of approval of the job description includes: the word APPROVED (in capital letters, without quotation marks), the name of the position of the person authorized to approve the job description, signature and signature decoding (initials, surname, as well as the date of approval, drawn up in accordance with the above rules, but more often in a verbal and digital way). With regard to job descriptions, the use of such an approach is justified if it is necessary to simultaneously introduce more than one job description. In addition, by orders of higher organizations (management bodies (authorities)), job descriptions of the first persons (heads) of organizations occupying a subordinate position in relation to these organizations (bodies) may be approved.
The document approval stamp is located in the upper right corner of the front side of the first (title) page of the job description.
The title to the text should briefly and accurately reflect the content and functionality of the document. The title to the text of the job description must be consistent with the title of the document and is usually formulated in the genitive case (for example, "job description of an accountant").
The title to the text is located one or two lines below the "Place of compilation of the document" variable. When placing the requisite, the type of form on which the document is executed is taken into account.
The text of the job description contains the main semantic content of the document. In accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation, the text of the job description can be drawn up in the state language of the Russian Federation or in the state languages \u200b\u200bof the constituent entities of the Russian Federation.
As noted earlier, for a job description, the most typical presentation of its main semantic content in the form of a coherent text, which is grammatically and logically consistent information about the powers, relationships and responsibilities of the relevant official (category of employees). When you include tables in the text of the job description, you should:
Provide columns and rows of the table with headings expressed by nouns in the nominative case;
Match the column headings and rows with headings available in the table.
The main elements of the structure of the text of the job description - sections - should have names and numbering in Roman numerals. To display the titles of the sections, a capitalized font can be used: GENERAL. Dots are not used at the end of headings.
Clauses and sub-clauses do not have names and are numbered in the corresponding sections in Arabic numerals.
If the job description is developed on the basis (in pursuance of) documents (for example, organizational and administrative) of other organizations (governing bodies (authorities)) or previously issued documents (for example, a standard job description), then this should be mentioned in the text accordingly.
The text of the job description is located one or two lines below the last line of the "Heading to text" attribute with width justification. When the text of the job description is located on two or more pages, the latter, with the exception of the title (first), are numbered. The pages of the document are numbered in ascending order in Arabic numerals. Page numbers are indicated in the middle of the top margin. Dots are not used after page numbers.
The mark on the presence of the application is used when filling out the job description in the following two cases:
1. The job description serving as the main document has an attachment (attachments). If the attachment (attachments) to the document is mentioned in the text of the job description, then the mark about the presence of the attachment is drawn up one or two lines below the last line of the "Text" variable, for example, as follows: "Attachment: 3 pages in 1 copy."
If the job description has an attachment that is not mentioned in the text, then a mark on its presence is drawn up as follows: "Attachment: a schedule for bypassing and inspecting a protected object, 1 sheet in 1 copy."
A mark on the presence of an application, in turn, having an application, is drawn up as follows: "Application: a schedule for bypassing and inspecting a protected object and an application to it, only 2 pages."
Note also that the applications in the document must be signed by the executors (developers) of the applications or their immediate superiors (the heads of the structural divisions in which these or those applications were developed). The signature (s) under the application is drawn up in accordance with the rules provided for the registration of the "Signature" variable (see below).
2. The job description is an attachment to another document, for example, an organizational and administrative (order), in accordance with which it is approved and (or) put into effect. In this case, the corresponding mark is located in the upper right corner of the title page of the job description.
The mark includes the word "Application", separated from it by a space, the character "N", supplemented with a space by an Arabic numeral indicating the serial number of the application, the name of the type of document to which the job description is attached, its date and registration number.
To display the mark, as provided by GOST, a capitalized font can be used: APPENDIX. It is allowed to center this word, as well as the name of the document, its date and registration number relative to the longest line of the requisite within the zone of its location.
Signature - a requisite of a document, which is a duly executed handwritten signature of an authorized official. The elements of this requisite, in addition to the handwritten signature (personal signature), are: the name of the position of the person who signed the document (full, if the document is not drawn up on a letterhead, and abbreviated on a document drawn up on the corresponding form), as well as a decryption of the signature, including initials and surname the person who signed the document.
The signature is located one or two lines below the last line of the Attachment Mark attribute.
A document approval stamp is a requisite expressing the consent of an organization that is not the author of the document with the content of the latter. This requisite is used only in cases where the draft job description, for one reason or another, is subject to external coordination with interested parties, including in order to assess the validity of the content of the project, its compliance with legislation, regulatory legal acts and management decisions, adopted earlier by the relevant organizations (governing bodies (authorities)).
The signature stamp of the document includes the word AGREED (without quotes, in capital letters), the name of the position of the person with whom the agreement is being made, including the name of the organization whose interests this person is authorized to represent, his signature, and the date of approval. If interested parties have objections to the content of the draft job description, the approval stamp of the document is not signed until this issue is settled between the author organization (developer) and the organization with which the approval is being made.
The document approval stamp is located one or two lines below the last line of the "Signature" variable. In some cases (for example, if it is necessary to simultaneously agree on a significant number of documents of the same type, combined into one documentary package), it is allowed to issue the details on a separate sheet - the so-called approval sheet.
In such a case, on the draft document immediately before the requisite "Signature" (in a free space) it is indicated: "The approval sheet is attached." The completed approval sheet is signed and dated by an authorized official of the organization - the author (developer) of the document, after which it is attached to the draft document and, together with the latter, is submitted for signature.
The document approval visa includes the name of the position of the person with whom the approval is being made, including the name of the structural unit, its signature, as well as the date of approval. If interested parties have objections (comments, suggestions, etc.) on the content of the draft job description (as a whole or its individual provisions), a corresponding note is made about this.
The document approval visa is located one or two lines below the last line of the "Approval stamp" variable, and in its absence - below the last line of the "Signature" variable.
In large organizations with extensive organizational structures, drafts of documents of the organization, as a rule, are sent for internal approval to officials of financial, economic and other services, the organization's lawyer, as well as the deputy head of the organization, who is in charge of the issue (direction) of the activity that is affected in the content of the project document. Comments (proposals) to the draft document can be submitted by interested parties on separate sheets attached to the draft document and pre-signed and dated by the relevant officials of the organization.
Due to the fact that the job description is an internal organizational and regulatory document of the organization, the original (first copy) of which is used exclusively in the organization, in accordance with GOST R 6.30-2003, it is allowed to issue approval visas at the bottom of the back of the last sheet of the original document. In addition, at the discretion of the organization, a sheet-by-sheet document is allowed.
A note on the certification of a copy of a document is made out only on copies of job descriptions. The requisite includes the certification inscription "True", the name of the position of the person who certified the copy, his signature, and the date of certification. The use of an imprint of a seal for certification of copies of documents is allowed at the discretion of the organization. The mark about the performer includes the initials and surname of the performer of the document, as well as a telephone number by which you can contact him, if necessary. The artist's mark is located on the front or back side of the last sheet of the document in the lower left corner.
The identifier of the electronic copy of the document includes the name of the file on a machine medium, as well as the date and other search data set in the organization. The ID of the electronic copy of the document is located in the lower left corner of each page of the document, for example:
Sekretar: \\\\ E: \\ General Documents \\ Job Descriptions \\\\ Sales Manager. rtf.
General procedure for the preparation of job descriptions
Depending on the complexity and size of the organization, job descriptions are usually developed by HR managers or direct supervisors who report to the job description. Typically, the task of preparing job descriptions occurs in the following situations:
When creating a new organization, branch or division;
When a new position is introduced in the organization, for example, in connection with the entry into force of changes to the organization's staffing table;
When changing the labor function previously assigned to any of the employees of the organization or other essential conditions of the employment contract, for example, in connection with the expansion of the employee's powers in the process of development of the organization or due to the redistribution of the powers of one employee among several.
The technology of job description preparation, based on GOST R6.30-2003, is described in the most detail, for example, in the reference book by Yu. M. Mikhailov "How to develop job descriptions correctly and quickly." A summary of this technology can be summarized as follows:
Preparation of a preliminary version of the text of the job description based on the requirements of the immediate supervisor and the Qualification Handbook of employee positions;
Coordination of the draft job description with the heads of departments, interaction with which will be assigned to the employee, and with the employee's immediate supervisor;
Changes and finalization of the job description;
Approval of the job description by the head of the enterprise or his sole executive body and registration of the approved job description;
Transfer of job descriptions to employees, interaction with whom is provided for the position that is the subject of this manual;
Familiarization directly with the employee who starts work in the described position.
In cases where the job description is being developed or changed in relation to an employee who already occupies this position, these changes must necessarily be coordinated with him. If he disagrees with these changes, it is necessary to be guided by the provisions of the Labor Code on the procedure for making significant changes to the employment contract with the employee.
Organization of work with job descriptions
For the proper performance of the assigned duties, the employees of the enterprise in accordance with Art. 68 of the Labor Code of the Russian Federation must be familiarized by the employer with the job description, since it is the current local normative act related to the labor function of the employee.
Familiarization of the employee with the content of the job description can be organized by the employer or his authorized representative (chief personnel service, direct supervisor, etc.) both individually and in the order of professional training together with other employees. The fact that the employee is familiar with the content of the job description must be documented by the employee's signature directly on the job description stored in the employee's file, or, if the job description is intended to regulate the daily activities of a whole category of workers, in the familiarization sheet.
Important in working with job descriptions is the fact that they are not developed for a one-time review and subsequent storage (although it is this attitude to job descriptions that is most common). The developed job descriptions are a real management tool, and, like any management tool, they must:
Really used in the work of the organization, that is, the activities of employees with a certain frequency should be monitored for the performance of labor functions assigned to them by the job description;
Constantly improve and refine along with changes in business processes, organizational structure, external environment etc.;
Should be available to heads of departments and employees so that, for example, a newly hired employee is familiar not only with the job responsibilities and his rights directly in his position, but also with the responsibilities and rights arising in relation to his position with other employees of the enterprise.
Personnel certification is one of the forms of control over the knowledge of employees of their duties and compliance with the position held.
Certification is a test of the knowledge, skills, theoretical and practical, and competencies of the employee's skills for compliance with the qualification requirements set out in his job description. Certification also includes a detailed examination of the worker's performance. The result of the certification should be an objective assessment of the employee's business qualities that does not in any way depend on the opinion of the management.
Since the certification procedure itself causes a lot of conflicts in almost any work collective, special provisions on the certification procedure have been approved in a number of industries. They relate to civil servants, university professors and researchers, employees financial structures, law enforcement agencies and some other categories. Attestation regulations are also the norm for medium to large organizations. In most cases, in the presence of a collective agreement and (or) a trade union organization, the certification regulation is subject to agreement with the labor collective or a trade union representative.
There is no single legislative act regulating the certification procedure. At enterprises subordinated to government agencies, the attestation provisions apply to the entire industry and are enforced by orders of ministers and heads of state committees. In commercial organizations, attestation regulations are developed in the personnel services. It is worth noting that pregnant women, young specialists, workers who have not had time to work in this organization for one year are not subject to certification.
The certification procedure is considered to be complied with if the employee is warned in advance about the upcoming test and the criteria for assessing his competencies. Attestation is carried out by the attestation commission, voting should take place in the absence of the employee. In accordance with the requirements of Part 3 of Art. 82 of the Labor Code of the Russian Federation during certification, which can serve as the basis for dismissing employees in accordance with paragraphs. "b" clause 3 h. 1 art. 81 of the Labor Code of the Russian Federation, a representative of the relevant elected trade union body (if any) is included in the certification commission.
Attestation should be regular, carried out periodically, and not occasionally due to the fact that the employer decided to fire the employee due to inadequacy for the position. But even if the employee receives a negative opinion of the certification commission in his hands and he is fired under paragraphs. "b" clause 3, part 1 of Art. 81 of the Labor Code of the Russian Federation, this does not mean at all that he will not be able to achieve restoration at work. Often, employees challenge everything from beginning to end - the procedure for the formation and work of the certification commission, compliance with the rules for conducting certification, job descriptions and its objectivity, and finally, the very decision of the commission. In this case, employees refer to a preconceived attitude, arguing that the real reason for not passing the certification is a conflict with the employer.
Job description of the chief accountant
__________________________
[Name of company]
JOB DESCRIPTION
APPROVED
[Job title] [Organization name]
_______________ (___ [FULL NAME.] ______)
Chief Accountant
1. GENERAL PROVISIONS
1.1. This job description defines the functional duties, rights and responsibilities of the chief accountant [name of the organization in the genitive case] (hereinafter - the Company).
1.2. The chief accountant is appointed and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the Company.
1.3. The chief accountant reports directly to the [name of the position of the immediate manager in the dative] of the Company.
1.4. The chief accountant belongs to the category of managers and subordinates to: an accountant, an accountant-cashier.
1.5. A person with a higher professional (economic or engineering and economic) education and experience in accounting and financial work, including in managerial positions, at least 3 years, is appointed to the position of chief accountant.
1.6. In his activities, the chief accountant is guided by:
The legislation of the Russian Federation, including financial, tax and economic legislation, regulatory and methodological documents on the organization of accounting and reporting, economic and financial activities of the organization; regulations and instructions on the organization of accounting, rules for its conduct;
Local regulationsregulating the work of the Society;
The business plan of the Company;
Labor regulations (staff regulations);
Orders and instructions of the General Director of the Company;
This job description.
1.7. The chief accountant should know:
Accounting legislation;
Fundamentals of Civil Law;
Financial, tax and business legislation;
Regulatory and methodological documents on the organization of accounting and reporting, economic and financial activities of the organization;
Regulations and instructions for the organization of accounting, rules for its conduct;
Profile, specialization and structure of the organization, strategy and prospects for its development;
Tax, statistical and management accounting;
The procedure for registration of accounting transactions and the organization of document flow in accounting areas, writing off shortages from accounting accounts, accounts receivable and other losses, acceptance, posting, storage and spending money, inventory and other valuables, auditing;
Forms and procedure for financial settlements;
Terms of taxation of legal entities and individuals;
Rules for conducting inventories of cash assets, settlements with debtors and creditors, conducting inspections and documentary audits;
The procedure and terms for drawing up accounting balances and statements; modern reference and information systems in the field of accounting and financial management;
Methods for analyzing the financial and economic activities of the organization;
Storage rules accounting documents and information protection;
Advanced domestic and foreign experience in organizing accounting;
Economy, organization of production, labor and management;
Labor legislation; labor protection rules;
List of enterprise services;
Rules and procedure for working on a computer, with MS Office programs, with specialized accounting programs and legal systems;
Internal labor regulations.
1.8. During the absence of the chief accountant (vacation, illness, etc.), his duties are performed by a person appointed in accordance with the established procedure. This person acquires the corresponding rights and is responsible for the proper performance of the duties assigned to him.
2. FUNCTIONAL RESPONSIBILITIES
The chief accountant is obliged to perform the following labor functions:
2.1. Carry out work on setting up and maintaining the accounting of the organization in order to obtain complete and reliable information about its financial and economic activities and financial position by interested internal and external users.
2.2. To formulate, in accordance with the legislation on accounting, an accounting policy based on the specifics of the economic conditions, structure, size, industry and other features of the organization's activities, allowing timely receipt of information for planning, analysis, control, assessment of the financial position and results of the organization's activities.
2.3. Organize the preparation and approval of a working chart of accounts of accounting, containing synthetic and analytical accounts, forms of primary accounting documents used to register business transactions, forms of internal financial statements.
2.4. Provide the procedure for inventory and appraisal of property and liabilities, documentary evidence of their existence, compilation and assessment.
2.5. Provide systematic internal control over the correctness of the registration of business transactions, compliance with the workflow procedure, technology for processing accounting information and its protection from unauthorized access.
2.6. Lead the formation information system accounting and reporting in accordance with the requirements of accounting, tax, statistical and management accountingensure the provision of the necessary accounting information to internal and external users.
2.7. Organize work on maintaining accounting registers based on the use of modern information technologies, progressive forms and methods of accounting and control, execution of cost estimates, accounting of property, liabilities, fixed assets, inventories, cash, financial, settlement and credit transactions, production and circulation costs, sales of products, performance of works (services), financial results of the Company's activities.
2.8. Provide timely and accurate reflection on the accounts of business transactions, movement of assets, formation of income and expenses, fulfillment of obligations.
2.9. Ensure control over compliance with the procedure for processing primary accounting documents.
2.10. Organize information support for management accounting, accounting for production costs, compiling cost estimates for products (works, services), accounting by centers of responsibility and business segments, forming internal management reporting.
2.11. Ensure the timely transfer of taxes and fees to the federal, regional and local budgets, insurance contributions to state off-budget social funds, payments to credit organizations, funds for financing capital investments, repayment of loan arrears.
2.12. Ensure control over the expenditure of the wage fund, the organization and correctness of calculations for the remuneration of employees, the conduct of inventories, the procedure for maintaining accounting records, reporting, as well as the conduct of documentary audits in the divisions of the organization.
2.13. Spend the financial analysis and the formation of tax policy based on accounting and reporting data.
2.14. Prepare proposals aimed at improving the financial performance of the organization, eliminating losses and non-productive costs.
2.15. Ensure compliance with financial and cash discipline, cost estimates, legality of writing off shortages, accounts receivable and other losses from accounting accounts.
2.16. Control the execution of documents for shortages, illegal spending of funds and inventory, control the transfer, if necessary, of these materials to investigative and judicial authorities.
2.17. Ensure the preparation of a report on the execution of budgets of funds and cost estimates, the preparation of the necessary accounting and statistical reports, their submission in the prescribed manner to the relevant authorities.
2.18. Ensure the safety of accounting documents and their delivery in the prescribed manner to the archive.
2.19. Supervise accounting employees, organize work to improve their qualifications.
2.20. Work with a bank, carry out cash and non-cash payments.
2.21. Coordinate work on social and health insurance.
2.22. Observe the internal labor regulations.
2.23. Observe labor discipline and ensure compliance with labor discipline by employees of subordinate services.
2.24. Comply with labor protection and labor safety requirements and ensure compliance with such requirements by employees of subordinate services.
2.25. Comply with fire safety requirements and ensure compliance with such requirements by employees of subordinate services.
2.26. Take good care of the property of the employer and other employees.
2.27. Immediately inform the employer about a situation that poses a threat to the life and health of people, the safety of the employer's property; organize the evacuation of employees of subordinate services in the event of such situations.
In case of official necessity, the chief accountant may be involved in performing his duties overtime in the manner prescribed by the provisions of federal labor legislation.
The chief accountant has the right:
3.1. To get acquainted with the draft decisions of the General Director of the Company concerning his activities.
3.2. Submit for the consideration of the General Director of the Company proposals for improving the activities of subordinate divisions and interaction with related divisions.
3.3. Interact with the heads of all structural divisions of the Company.
3.4. Request personally or on behalf of the General Director from the heads of departments and specialists of the enterprise information and documents necessary for the performance of his official duties.
3.5. Sign and endorse documents within their competence.
3.6. Submit for consideration by the General Director of the Company submissions on the appointment, transfer and dismissal of employees of subordinate divisions; proposals to encourage them or to impose penalties on them.
3.7. Enjoy other rights established by the Labor Code of the Russian Federation and other legislative acts of the Russian Federation.
4. RESPONSIBILITY AND PERFORMANCE EVALUATION
4.1 The chief accountant bears administrative, disciplinary and material (and in some cases stipulated by the legislation of the Russian Federation, and criminal) responsibility for:
4.1.1. Failure to comply or improper fulfillment of the official instructions of the immediate supervisor
4.1.2. Failure to perform or improper performance of his labor functions and tasks assigned to him.
4.1.3. Misuse of the granted official powers, as well as their use for personal purposes.
4.1.4. Inaccurate information about the status of the work assigned to him.
4.1.5. Failure to take measures to suppress identified violations of safety regulations, fire safety and other rules that pose a threat to the activities of the enterprise and its employees.
4.1.6. Failure to enforce labor discipline.
4.1.7. Offenses committed in the course of their activities within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.
4.1.8. Causing material damage and (or) losses to the company or third parties related to action or inaction during the performance of official duties.
4.2. Evaluation of the chief accountant's work is carried out:
4.2.1. Immediate supervisor - regularly in the process of the employee's daily performance of his labor functions.
4.2.2. Attestation Commission enterprises - periodically, but at least once every two years, based on the documented results of work for the evaluation period.
4.3. The main criteria for assessing the work of the chief accountant are the quality, completeness and timeliness of the fulfillment of the tasks provided for by this instruction.
5. RIGHT TO SIGNATURE
5.1. To ensure his activities, the chief accountant is given the right to sign organizational and administrative documents on issues that are part of his functional duties.
Acquainted with the instructions _________ (____________) "___" ________ 20__
(signature)
P. Govorov
Journal Expert
Signed to print
- HR administration
Keywords:
1 -1
Anastasia Morgunova, Director of the Tax Consulting Department, Internet Accounting "My Business"
Labor law does not oblige all employers to develop job descriptions. However, in practice, many organizations and entrepreneurs have already appreciated the benefits of such instructions. This document becomes especially relevant in the event of a labor dispute. If it is necessary to prove that the employee did not fulfill his labor duties, a clear list of them must be presented to the court. The job description does the best job with this role.
The job description performs the following tasks:
Establishment of qualification requirements for a specific position, work performed (education, work experience, availability of special training, etc.);
Determination of the employee's job responsibilities (scope of duties, scope of work, areas for which the employee is responsible, etc.);
Establishing the limits of employee liability.
In what cases is a job description required?
For certain categories of employees, in accordance with the legislation, the employer is obliged to draw up job descriptions. For example, this applies to:Medical workers (clause 1, part 2, article 73 of Federal Law No. 323-FZ of November 21, 2011);
Private security guards (part 2, paragraph 1, part 3 of Art. 12.1 of the Law of the Russian Federation No. 2487-1 of March 11, 1992, Order of the Ministry of Internal Affairs of Russia No. 960 of August 22, 2011);
Employees involved in the production, storage, transportation, sale and disposal of milk and its processing products (clause 2 of article 23 of Federal Law No. 88-FZ of June 12, 2008);
Pharmacy workers leading retail trade medicines (clause 9.8 OST 91500.05.0007-2003).
If the obligation to draw up job descriptions is stipulated by regulatory documents, in the absence of instructions, the employer may be held liable for violation of labor legislation (Article 5.27 of the Administrative Code of the Russian Federation).
The legislation does not provide for the obligation to draw up job descriptions for other employees. But it is advisable to draw up and approve it, especially if the labor contract with the employee does not reveal his labor function, but only the name of the position, profession, specialty is indicated (paragraph 3 of part 2 of article 57 of the Labor Code of the Russian Federation, Rostrud letter No. 6234-TZ from November 24, 2008). Job descriptions can be drawn up for all positions provided for by the staffing table, including vacant ones. For the positions of specialists (for example, accountant, engineer, lawyer), job descriptions must be drawn up and approved. And for the professions of workers (for example, driver, electric and gas welder, loader) - instructions for the profession ( manufacturing instructions). However, it is not forbidden to call occupational instructions also official.
Sample guidelines for different positions and professions can be found at www.moedelo.org. On their basis, it is easy to develop your own instructions, supplementing, if necessary, the specifics of the work of a particular organization or industry.
Commentary: - As a general rule, the absence of job descriptions in an organization is not regarded as a violation of labor legislation and does not entail responsibility. However, some decisions of the employer without job descriptions may be illegal. For example, refusal to hire applicants due to their inadequacy to qualification requirements in the absence of these requirements themselves, which are usually contained in the job description. This is confirmed, for example, by the letter of Rostrud No. 3042-6-0 dated August 9, 2007. When resolving labor disputes about the dismissal of an employee in connection with an unsatisfactory test result, the courts, as a rule, require the presentation of a job description, as well as evidence of the employee's familiarization with it upon employment. If the employee was not familiar with the scope of his duties, it is not possible to prove that he did not pass probation (see, for example, the Appellate ruling of the Moscow City Court No. 11-11709 of June 26, 2012).
What is the job description useful for?
If there is a job description, an employer can:Justify the refusal to hire in connection with the non-compliance of the applicant (applicant for a position) with the established qualification requirements for a certain position, work performed;
Objectively evaluate the activities of the employee during the probationary period;
Distribute labor functions between employees;
Assess the conscientiousness and completeness of the employee's work function;
Justify the inappropriateness of the employee for the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
Justify the legality of applying disciplinary sanctions to an employee for failure to perform or improper performance of his / her job duties (including dismissal) (Rostrud letters No. 3042-6-0 of August 9, 2007, No. 6234-TZ of November 24, 2008 g., No. 1028-s dated April 30, 2008).
What sections does the job description consist of?
General Provisions.This section includes:
1) the procedure for appointment and dismissal from office. Determined in accordance with regulatory legal acts, internal labor regulations, regulations on the structural unit (if such a regulation is developed and approved by the employer), other local regulations of the employer (for example, it may be provided that the employee is appointed to the position and dismissed by order of the head organizations on the proposal of a certain official);
2) requirements for the qualifications of the employee. Indicates the level of professional training of the employee required to fulfill the specified job duties (education, advanced training), requirements for work experience, work experience in any field of activity;
3) the requirements for the knowledge of the employee ("must know"). The basic requirements for the employee in relation to special knowledge, as well as knowledge of legislative and regulatory legal acts, regulations, instructions and other guidance materials, methods and means that the employee must apply in the performance of work duties are indicated;
4) a list of documents that the employee should be guided by when performing his job duties. As a rule, this list includes:
RF legislation;
Local regulations of the employer directly related to the work of the employee (including the Internal Labor Regulations);
Regulation on the structural unit, which includes the position (see, for example, Regulation on the personnel department (personnel department));
Orders and instructions of the head of the organization;
Orders of the head of the structural unit;
Job description itself;
Other documents;
5) the place of the employee in the structure of subordination (if there is a higher official to whom the employee is subordinate, as well as persons who are subordinate to the employee);
6) the procedure for appointing an employee who will be assigned the duties of this employee during the period of his temporary absence (for example, during vacation, temporary disability, business trip, etc.);
Job responsibilities.
This section should include a list of duties that the employee must perform within the framework of his job function.
The job description discloses the concept of the employee's labor function, determined by the employment contract concluded with him (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation). If the labor contract, as a rule, indicates only the main characteristics of the labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications), then in the section "Job responsibilities" of the job description the labor function is regulated in detail, the terms of reference of the employee are stipulated , the amount of work, the areas for which the employee is responsible, etc.
As a basis for the development of this section of the job description, it is advisable to use the qualification characteristics contained in qualification reference books, for example, in Qualification handbook positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia No. 37 of August 21, 1998, and others. The employee's job responsibilities must be described specifically, in detail and understandable for the performer.
When developing job descriptions, it is allowed to clarify the list of jobs that are characteristic of the corresponding position (profession) in specific organizational and technical conditions. So, if necessary, it is possible to distribute the duties contained in one qualification characteristic among several employees (performers) or supplement the duties provided for by the qualification characteristic for one position with the duties provided for by the characteristics for other positions. Also, in the job description of an employee, it is allowed to provide for the obligation to replace an employee with a similar job function during his temporary absence.
Commentary: The obligation of an employee to quit on certain grounds (including of his own free will) upon the occurrence of any circumstances does not apply to the job function and cannot be included in the job description. In addition, this provision directly contradicts the Labor Code of the Russian Federation. The employee has the right to terminate the employment contract on his own initiative, but not the obligation to do so for any production reasons (Article 80 of the Labor Code of the Russian Federation). The desire to quit must be the employee's voluntary will. On this issue Rostrud gave clarifications in letters No. 6234-TZ dated November 24, 2008, No. 3520-6-1 dated November 30, 2009, the texts of which can be found on the website www.moedelo.org.
Rights.
This section includes:
The right of the employee to familiarize himself with the draft decisions of the head of the organization concerning his activities;
Request and receive from employees of structural divisions of the organization documents and information necessary for the performance of his job duties;
Contact the head of the organization with proposals on issues within his competence;
Require your immediate supervisor and the head of the organization to assist in the performance of their official duties and the exercise of rights, etc.
For some categories of employees (lawyer, deputy head of the organization, etc.), this section of the job description includes the employee's right to sign (endorse) documents on issues within his competence.
Responsibility.
This should include the types of responsibility of the employee for non-compliance with the requirements of the job description and other local regulations of the employer, orders and orders of the head of the organization, as well as violation of labor discipline by the employee. It is also possible to envisage provisions that clarify and concretize the responsibility of an official for certain violations. For example, if an employee bears financial liability on the basis of a concluded agreement on full individual financial liability, it is also advisable to indicate this in this section.
The basis for the development of this section of the job description is the legislation of the Russian Federation on various types of legal liability. In accordance with Art. 419 of the Labor Code of the Russian Federation, liability is divided into material, disciplinary, administrative, civil, and criminal. As a rule, the language in this section is given in general view or with an indication of what kind of violation and what kind of responsibility is assigned to the employee.
How to develop and approve a job description?
1. First you need to draw up a draft instruction taking into account the requirements of the current legislation. The job description can be an annex to the employment contract or be approved as an independent document.The unified form of the instruction has not been approved, so the organization develops it independently. When preparing the job description, the provisions of GOST R 6.30-2003 should be taken into account. The requirements for the content and design are clearly established only for the job description of a private security guard at the security facility (Order of the Ministry of Internal Affairs of Russia No. 960 of August 22, 2011). In other cases, as a basis for compiling job descriptions, you can use:
Qualification reference book of positions of managers, specialists and other employees, approved by the Resolution of the Ministry of Labor of Russia No. 37 of August 21, 1998;
Unified tariff and qualification reference book of jobs and professions of workers (issues for the relevant industries). For example, to draw up instructions for the industry-wide professions of workers, you can use Issue 1, approved by the Decree of the State Committee of Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions No. 31 / 3-30 of January 31, 1985 (letters of Rostrud No. 4412-6 of October 31, 2007, No. 3042- 6-0 of August 9, 2007, No. 6234-TZ of November 24, 2008).
In addition, when developing job descriptions, the legislation instructs employers to take into account the requirements of professional standards (subparagraph "a" of paragraph 25 of the Rules approved by the Decree of the Government of the Russian Federation No. 23 dated January 22, 2013). However, the standards themselves have not yet been approved; the work on their creation is coordinated by the Ministry of Labor of Russia (Article 195.1 of the Labor Code of the Russian Federation).
2. If collective agreement (agreement) the organization provides for the adoption of local regulations in agreement with the representative body of workers, for example, with the trade union, a draft job description should be sent to the representative body for consideration and its opinion should be taken into account. If such a body is not created, the employer develops and adopts local regulations (including job descriptions) independently. The absence of a representative body makes it impossible to comply with the requirements of the legislation in this part (part 3 of article 8, part 1 of article 372 of the Labor Code of the Russian Federation, paragraph 3 of the letter of Rostrud No. 2742-6-1 dated December 8, 2008).
3. Then you need to sign and endorse the job description. In accordance with clause 3.22 GOST R 6.30-2003, an organizational and administrative document (including job descriptions) must contain the "Signature" attribute, which is located at the bottom of the document, after its text. The job description, as a rule, is signed by its compiler (for example, HR specialist, head of a structural unit).
Depending on the procedure for adopting job descriptions established by the employer, prior to approval by the head of the organization (other authorized person), the instruction may be endorsed by some interested workers (for example, the head of the HR department (HR department, HR department), the head of the legal department (lawyer) of the organization ). The approval visa is located on the back of the last sheet of the job description. It must include the signature and position of the employee who signs the document, a decryption of the signature (initials, surname) and the date of signing (clause 3.24 of GOST R 6.30-2003).
4. After signing, you need to approve the job description and put it into effect from a certain date. The job description is approved by the head of the organization or a person authorized by him. As a rule, an order is issued for this. But if the instruction is approved without any specifics (in terms of the time of its validity, the procedure for revision, distribution, etc.), it is possible not to issue a separate order, but to issue an approval stamp on the job description itself. The stamp should consist of the word APPROVED (without quotes), the name of the position of the employee approving the document (for example, the general director, director of personnel management), his signature, initials, surname and date of approval (clause 3.16 GOST R 6.30-2003, p. 2 article 5, part 1 article 8 of the Labor Code of the Russian Federation).
5. At the end of the procedure, it is necessary to familiarize the employee who is accepted (accepted) for a certain position (profession) with instructions for this position (profession). Information about familiarization with the job description and the signature of the employee confirming the familiarization can be put:
In the sheet of familiarization with the job description (such a sheet is hemmed or glued to the instruction itself);
In the Journal for familiarization with job descriptions or in the Journal for familiarization with the local acts of the organization (samples of these documents are presented on the website www.moedelo.org);
On a copy of the job description, which will be kept by the employer (by analogy with an employment contract);
On a copy of the employment contract, which will be kept by the employer (for example, on it you can issue the following inscription: "I have read the job description before signing the employment contract").
If the employee does not want to familiarize himself with the job description, it is advisable to issue the refusal in writing, for example, in the form of an act. This document will save the employer from possible claims from inspection departments (for example, labor inspection). It will serve as confirmation that the employer has fulfilled its duty to familiarize the employee with local acts, and will relieve the organization of responsibility if the employee who refused to familiarize with local act, will subsequently claim that he was not introduced to him (paragraph 10, part 2 of article 22, part 1 of article 67, part 3 of article 68 of the Labor Code of the Russian Federation).
It is advisable to prepare two copies of the job description and give one to the employee (paragraph 7 of Rostrud letter No. 4412-6 dated October 31, 2007). It is desirable to provide a copy to the employee for signature.
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