Resolving personnel issues at the enterprise. Who decides personnel issues

Alexander Fedotov, independent expert, Moscow

Manual for the personnel officer. Current work.

What you need to know, what to do and how to develop.

Ch. 1. Entry and development personnel work.

1.1. Tasks of the KS specialist.

1.2. Introduction to the work of a personnel officer.

1.3. Mastering the duties of a personnel officer.

1.4. Content work.

Chapter 2. Professionalization of the personnel officer.

The manual is aimed at both a beginner and an already familiar worker personnel service (KS). At the same time, the current work is considered, including the hiring and dismissal, the tasks of the KS specialist, necessary knowledge personnel records management (KDP), nomenclature of cases, staffing table, timesheet, labor legislation, employment contracts, local regulations and the practice of mass recruitment. Individual selection remains a separate issue. The goal is to reach a professional level of work.

The work of a KS specialist consists in knowing their tasks and the ability to competently conduct daily work, which is very diverse. In the current conditions of minimizing the number of KSs, due to the appointment of young and "untrained" personnel officers are usually overloaded. The faculties and courses of HRM are dominated by academicism, not practice. Proceeding from this, a kind of "compass" is proposed for developing a direct course towards professionalism.

Ch. 1. Entering and mastering personnel work.

1.1. Tasks of the KS specialist.

• Providing the necessary staff. Planning staffing needs (quantity, quality, timing) that meets business objectives today and in the future.
• Development and implementation of a system for search and selection of personnel: sources of selection, content of applications for vacancies, technology of mass selection.
• Registration of employment, dismissal, transfer, etc.
• Storage of tr. books and their accounting, personal sheets, maintaining personnel records in accordance with the nomenclature of cases.
• Filling tr. books, Personal sheets, issuance of certificates to employees.
• Knowledge of labor legislation (Labor Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation and instructions) and advice on these issues.
• Development and maintenance of local regulatory documents: Staffing, Regulations: On personnel, On salaries, On competition, etc., Internal Labor Regulations (PVTR), etc.
• Acquaintance and establishment of business relationships with heads of departments.

1.2. Introduction to the work of a personnel officer.

The first steps.

Normal business relationship with heads of departments. Make it a rule to visit them at the location. Don't expect someone to come to you. At the same time, have some questions for them, and they always are. It is useful to have some advice on certain things, as well as tactfully raise questions about the unit. Then they will perceive you as a normal personnel officer, and not an office worker, and you will gradually move on to companionship. Knowing people and departments is just as important as doing technical work competently. Competent work ( hR performance indicators)this is the result of not only professionalism, but also effective interaction with leaders of all levels. Often a difficult relationship develops with the accounting department, which "pulled the blanket" over itself.

It is important to remember that you are at the front door of the enterprise. And here your orderliness, impartiality, the ability to tactfully build a conversation, place the candidate's confidence in you, tell him about the main responsibilities, agree on further actions and end the meeting in a businesslike and respectful manner are important here. In advance, you need to "in your head" have a scheme of conversation about the enterprise, job responsibilities and personnel issues.

First you need the following:

• write out the wording from the Labor Code of the Russian Federation for cases of admission and dismissal. Thus, it will be easier to master the main articles of the Labor Code of the Russian Federation and the adopted formulations. The issues of dismissals are described in Articles 77 - 84 of the Labor Code of the Russian Federation.
• familiarize yourself with the procedures for dismissal;
• execution of Orders and Personal sheet T2 in the 1C program;
• to have "at hand" the Staffing table for tracking vacancies, forms of Employment and other contracts, Applications (for work, dismissal, transfer, vacation), Vacancy applications, Instruction to the candidate on the provision of documents, "Runner" for dismissal, Job certificate, forms for registration of a bank card, information for accounting. (There may be other documents.)

Upon receipt of the Application, be sure to study it and to clarify the specifics of work in the position and unclear issues, talk to its author. This is important in principle for understanding the main tasks of vacancies and establishing business contacts.

Upon dismissal, a respectful and tactful attitude towards a person is required, especially if the dismissal is not on his initiative. After all, "as it comes around, it will respond."

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make a settlement with him, art. 140 TC.

If it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for a work book or agree to send it by mail, Art. 84 TC. Unreceived Tr. books are kept in the KS along with the Orders.

Suspension from work is governed by Art. 76 TC.

The order of employment must be announced to the employee within three days from the date of the actual start of work with his signature. Within 2 weeks, an entry is made in Tr. book or start a new one if it is absent. Hiring issues are described in Art. 67 - 71 TC. The emergence of labor relations is considered in Art. 16 - 20 TC.

According to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of an employment contract are allowed by agreement of the parties by drawing up an additional agreement to the employment contract.

The expediency of concluding civil law contracts (GPA) instead of labor contracts can be found in “ Personnel manager's package ". A form of cooperation based on GPA in the form of an Agreement on paid services (about the work).

When registering additional work (combining, fulfilling the duties of a temporarily absent employee without being released from work specified by an employment contract, expanding service areas, increasing the volume of work), it is necessary to document a combination or combination of jobs, see " Kadrovik package ».

According to Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. The unified form, approved by the decree of the State Statistics Committee of January 5, 2004. No. 1: Table of accounting of working hours and calculation of remuneration (form N T-12), Table of accounting of working hours (form N T-13).

If the company has organized shift work, then shift schedules are required, approved by the heads of departments and with the signatures of employees.

Transfers to other positions and divisions are made on the basis of the employee's application in agreement with the heads of both divisions and the corresponding order.

1.3. Mastering the duties of a personnel officer.

This stage is associated with bringing the procedures for registration and maintenance of the control room to automatism, gaining a free style of working with candidates and establishing business contacts with managers.

• To master the 1C program - hiring, dismissing, filling out a Personal sheet, making changes to the Sheet. When registering for the publication of the Order of acceptance / dismissal, you must immediately "fill" the data in 1C for printing. In this case, the candidate studies and signs Tr. contract in 2 copies (one - for him, and the other - in the Personal File along with copies of documents). Make the necessary entry in the Tr. books. Get the signatures of the person involved in all documents. Log book of tr. books can be combined taking into account instructions (TB, Initial briefing etc.)
• Master filling Tr. books, paying attention to the accuracy of the entries according to the Labor Code of the Russian Federation, tk. inaccuracy may further affect the calculation of pensions or receiving benefits by profession. On this issue and the introduction of corrections in Tr. see the book. " Kadrovik package ».

You'll have to:

• issue certificates of work at the request of an employee, which indicates the number of the order of admission, position and salary.
• collect Time Sheets from all departments to enter the necessary information into Personal Sheets (about vacation, sickness, business trip ...) and transfer them to the accounting department for payroll.
• advise heads of departments and employees. This is an important aspect of the work of a KS specialist.

Planning for staffing needs should ensure that both current production tasksand promising. When securing long-term tasks, it is useful to create a quality reserve. So that it is real and already oriented towards work ahead it is necessary that these persons have already worked at the enterprise in close positions.

1.4. Content work.

This work is primarily related to local regulatory documents.

• The staffing table is the main document, which reflects the entire organizational structure of the enterprise, a complete list of positions in departments, their number and salaries. The staff is approved by the director of the enterprise. Changes are made either by the adoption of a new Staff, or by the publication of an addition to the staffing table (this is for large structures).
• The internal labor regulations (PVTR) are developed, as a rule, in the CC, agreed with the heads of the enterprise and approved by the director. PWTPs establish the relationship between employer and workers and the labor regime. The content of PVTP at different enterprises can vary significantly. Internal labor regulations must comply with: current legislation, constituent documents, staffing table.
• Various Provisions that govern different aspects of activities. But, as a rule, they are focused on the employees of the enterprise. Therefore, their development and implementation is the responsibility of the COP. Among them there may be Regulations: On personnel, On salary, On performance evaluation, On competition, etc.

Ch. 2. Professionalization of the personnel officer.

Having passed and mastered the previous stages of work and self-training, you will not have any problems in conducting current personnel work. And you will be able to resolve issues with heads of departments and develop the above-mentioned local regulatory documents, incl. Stems and PVTP. Thus, your circle of interests will go beyond the "turnover" and will be close to the tasks of the CS, which are much broader than the tasks of a specialist.

For professional development, it is necessary to summarize for oneself the results on specific resolved issues, comprehending under what circumstances it was possible or because of what there was a failure. Professionalism grows when understanding what has been done and the expressiveness of meaningful writing. Indeed, it is important not only to do, but also to see what is behind it. It often happens that a person has been working for years, but he has nothing to say about it - only concrete actions in the absence of a common vision.

At this stage, it is time to work with various publications that are well represented on the Internet. The following sites can be recommended: Elitarium, e-xecutive, ITeam, HR-portal, Business World. This will be enough by subscribing there.

Get yourself a USB flash drive, select folders in it for topics you are interested in and fill them out, studying each article. Initially, you need the following folders: Legal. consultations, KDP, Human Resources Management (HRM), Corporate governance, The work of the CC, The work of managers, Local regulations, Description of professional competencies, Personality psychology, Socio-psychological practice, Corporate changes, Personnel selection, Personnel assessment, Incentives for employees and teams, My developments, etc. As the materials accumulate, other headings will appear ...

In a few years, you yourself will be able to conduct some thematic development. In the meantime, write down any of your thoughts, save up and their time will come.

The main materials for current work are: site by hR administration "HR package", where there are answers to various questions; Labor Code of the Russian Federation and Code of Administrative Offenses of the Russian Federation. For other questions, incl. recruiting - the Internet sites SuperJob, HeadHunter, Job, Rabota.ru, Rabotamail.ru, as well as HR magazines, of which there are many.

In conclusion, it is advisable to note that the practice and objectively present differences of people indicate that not everyone can be a generalist personnel officer. Indeed, the majority gravitates towards a certain range of tasks.

The reorganization raises new personnel issues. It is necessary to develop documents for the successor and decide the fate of the personnel: dismiss those who will not remain, agree with the rest of the working conditions

The company made a decision on its reorganization (in the form of merger, acquisition, transformation, division, spin-off). The management instructs:

• carry out activities directly related to the reorganization (notify the tax office and creditors, register the reorganization, etc.);
• resolve personnel issues arising in the process of such a reorganization.

The first thing to consider is that when reorganizing labor Relations with employees do not automatically end. In other words, reorganization itself is not considered a ground for termination of employment contracts (part 5 of article 75 of the Labor Code of the Russian Federation). By the way, this is why there is no need to pay compensation for unused vacation. After all, it is believed that employees continue to work in the same organization. However, in the process of reorganization, layoffs are still possible.

In any case, during the reorganization, a number of questions arise in the field labor law and personnel workflow.

Personnel issues in any form of reorganization

In the process of reorganizing a legal entity (regardless of its form), it is necessary to carry out the following personnel activities:

2) develop documents regulating labor relations in the successor organization;

3) notify employees of the upcoming reorganization;

4) terminate employment contracts with employees who stop working in connection with the reorganization;

5) draw up documents for employees who continue to work after the reorganization;

6) transfer personnel documents the successor organization.

How to draft a staffing table

Immediately after the company makes a decision on reorganization, it makes sense to determine the structure, staffing and staffing of the successor organization (that is, the organization to which the rights and obligations of the reorganized entity will be transferred). To do this, you need to draw up a draft staffing table.

If the reorganization is accompanied, their positions should not be included in the draft staffing table (Rostrud letter dated February 5, 2007 No. 276-6-0).

How to develop HR documents

It is important to draw up the necessary personnel documents as soon as possible, which will come into force after the completion of the reorganization (this must be done during the reorganization in any of the forms, with the exception of some situations during the accession process). Otherwise, such documents will need to be drawn up when employees of the reorganized company will actually work in the successor organization. Since there will be very little time for the development and analysis of the provisions of these documents, the risk of errors and insufficient regulation of relations with employees will increase. This can subsequently lead to misunderstandings and labor disputes.

Until the reorganization is completed (i.e., before), it is worth developing the following documents: Internal labor regulations, Regulations on remuneration, Regulations on material incentives, a standard form of an employment contract.

It also makes sense to prepare in advance additional agreements to labor contracts, the terms of which will be changed during the reorganization process. However, the employer will need to sign such agreements after the completion of the reorganization.

How to notify employees about the upcoming reorganization

First, all employees must be notified in advance. This is only necessary when organizational or technological conditions labor (mode of work and rest, technology and production technology, etc.). However, in other cases, notification will be useful.

Secondly, there are situations when, in addition to the notification, it is also required to obtain the written consent of the employee. This is necessary if the change in the terms of the contract meets the criteria for transferring an employee to another job.

1. Notice. It is necessary to notify the employee when, as a result of the reorganization, the conditions of the employment contract concluded with him change for reasons related to the change in organizational or technological working conditions (part 2 of article 74 of the Labor Code of the Russian Federation). This must be done no later than two months before the planned date of completion of the reorganization (the date of registration of this fact in the Unified State Register of Legal Entities). The notice is in any form (see sample 1 below).

Reorganization notice (sample 1)

Together with the notification, it makes sense for the employee to issue an additional agreement to the employment contract (if it is drawn up in advance). This will visually demonstrate to the employee what changes in labor relations will entail the reorganization.

If the employee is satisfied with the upcoming changes, you can advise him:

• sign an additional agreement even before the reorganization is completed;
• leave a signed copy of the agreement with the personnel department.

In this case, subsequently, the successor organization (employer) will be able to quickly draw up personnel changes in connection with the reorganization. To do this, the employer will only need to sign additional agreements, previously signed and left by employees, as well as make the appropriate entries in the work books of employees.

At the same time, the law does not oblige the employer to issue a notice of reorganization simultaneously with the supplementary agreement to the employment contract. In other words, you can notify employees even before they are drawn up. This tactic should be chosen when the reorganization needs to be carried out as soon as possible.

If the organizational or technological working conditions remain the same, it is not necessary to notify the employee. However, it is better to do this anyway. The fact is that any employee has the right to refuse to continue working in connection with the reorganization of the organization (part 6 of article 75 of the Labor Code of the Russian Federation). To understand in advance whether the employee will continue to work in the successor organization, you need to inform him about the reorganization. It is advisable to do this in the same manner as in the mandatory notification of employees (sample 2 below).

Reorganization notice (sample 2)

2. Mandatory consent. These rules apply when transferring an employee. That is, if, as a result of the reorganization, the following changes (part 1 of article 72.1 of the Labor Code of the Russian Federation):

• the employee's job function and (or)
• structural subdivisionspecified in the employment contract, and (or)
• the locality in which the employee works, that is, the settlement within its administrative-territorial boundaries (clause 16 of the Plenum resolution The Supreme Court RF dated March 17, 2004 No. 2).

To transfer an employee, you must obtain his written consent to transfer (part 1 of article 72.1 of the Labor Code of the Russian Federation). It is advisable to do this in the following way: include in the notice of reorganization a separate column where the employee must write whether he agrees to the translation or not.

How to fire employees

During the reorganization process, an employee can be fired in two cases:

• if the employee refuses to continue working in connection with the reorganization (part 6 of article 75 of the Labor Code of the Russian Federation);
• if the reorganization is accompanied by a reduction in the number (staff) of the organization's employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

Can a reorganized company, on its own initiative, dismiss employees on the basis of reorganization or liquidation? No, he can not. The fact is that the reorganization itself is not considered a ground for dismissal. On the contrary, the law establishes that upon reorganization, labor contracts with the company's employees are not terminated (part 5 of article 75 of the Labor Code of the Russian Federation). If you dismiss an employee with reference specifically to the reorganization (for example, in connection with the merger of one company to another), the dismissal will be considered illegal.

In case of reorganization, an employee cannot be dismissed with reference to the liquidation of the organization, that is, on the basis of paragraph 1 of part 1 of article 81 Labor Code RF. Indeed, during reorganization, the company does not stop its activities, but only transfers its rights and obligations in the manner of universal succession. In other words, reorganization cannot be equated with liquidation.

At the same time, the reorganized company may terminate labor contract with an employee due to a reduction in the number or staff of the organization's employees (clause 2, part 1 of article 81 of the Labor Code of the Russian Federation).

1. The employee refuses to continue working in connection with the reorganization... The employer needs to get the employee's refusal to continue working. The employee can issue such a refusal either in the form of an entry in the notification drawn up by the employer, or in the form of a separate application in any form.

On the basis of a refusal, you must issue a dismissal order in form No. T-8 (or in a self-developed form) and make an appropriate entry in the employee's work book (clause 15 of the Rules approved by the Government of the Russian Federation of April 16, 2003 No. 225).

2. The reorganization is accompanied by a reduction in the number or staff of the organization... The upcoming termination of the employment contract is necessary - no later than two months before the upcoming reduction in the number (staff) of employees and the possible termination of employment contracts. And with the likelihood of mass dismissal of employees - no later than three months before the start of the relevant measures (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991, No. 1032-1);

Recall that the Labor Code of the Russian Federation provides that the criteria for mass dismissal are determined in sectoral and (or) territorial agreements (part 1 of article 82 of the Labor Code of the Russian Federation). Many existing agreements use the criteria specified in paragraph 1 of the Regulation approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of February 5, 1993 No. 99 as criteria for mass dismissal.

Such criteria boil down to the following. The organization shortens:

50 or more people within 30 days;

200 or more people for 60 days;

500 or more people for 90 days;

1 percent of the total workforce for 30 days in regions with a population of less than 5,000.

It is advisable to look at the form of notification (message) on the website of the territorial body of the employment service.

If a sample notification is not provided on the website, the message must be submitted to writing, be sure to indicate the position, profession, specialty (together with qualification requirements) and the terms of remuneration of each specific employee.

You also need to notify:

The elected body of the primary trade union organization (if any) - in writing, and no later than two months before the forthcoming reduction in the number (staff) of employees and the possible termination of employment contracts, and in the event of the likelihood of mass layoffs of employees - no later than three months before the start of relevant activities;

The dismissed employee - personally and under the signature, and not less than two months before the dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). In this case, the employer is obliged to offer the employee other available work - vacanciesincluding vacant subordinate positions or underpaid work (part 3 of article 81, part 1 of article 180 of the Labor Code of the Russian Federation).

When terminating employment contracts, the organization must pay each employee who is dismissed due to a reduction in the number (staff), a severance pay in the amount of average monthly earnings (part 1 of article 178 of the Labor Code of the Russian Federation). In addition, the employee will retain the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

By the way, an employee of the reorganized organization can be dismissed until two months have expired after the warning of dismissal due to the reduction in the number (staff) of the organization. The employer will have the right to dismiss the employee ahead of schedule if the following conditions are met (part 3 of article 180 of the Labor Code of the Russian Federation):

The employee will give written consent to terminate the employment contract before the expiration of two months from the date of the notice of dismissal;

The employer will pay the employee additional compensation in the amount of the average earnings, calculated in proportion to the time remaining until the expiration of two months from the date of the notice of dismissal.

At the same time, the employee will retain the right to payments listed in part 1 of article 178 of the Labor Code of the Russian Federation.

How to issue personnel changes in connection with the reorganization

After the reorganization (that is, after the reorganization is registered), the head of the successor organization must issue an order on personnel changes.

If the reorganization was carried out in the form of a merger, acquisition, transformation or division, then the order must indicate that the employees of the organization that ceased activities in the process of reorganization are considered employees of the assignee. When reorganizing in the form of separation, the order indicates that the employees of the reorganized entity who have transferred to work for the assignee are considered employees of the newly created company.

The order on personnel changes in connection with the reorganization is drawn up in free form.

In the order, the head instructs the head of the personnel department (another authorized person):

Make changes to the labor contracts of employees (i.e. sign additional agreements in cases where it is necessary);

Make the appropriate entries about the reorganization in the work books of employees.

Additional agreements to employment contracts must be signed:

With employees who worked before the registration of the reorganization in another company (reorganized legal entity). The content of the supplementary agreement is the changed details of the employer (part 1 of article 57 of the Labor Code of the Russian Federation);

With all employees whose terms of employment contracts have changed (Article 72 of the Labor Code of the Russian Federation). The content of the supplementary agreement is the new terms of the employment contract.

In both situations, it is necessary to make a record of the reorganization in the work book (letter of Rostrud dated September 5, 2006 No. 1553-6).

If the reorganization entailed the transfer of an employee, it will not be enough to sign an additional agreement to the employment contract. The employer will need to issue a transfer order in the form No. T-5 (No. T-5a) or according to an independently developed form.

In the transfer order, you must indicate the previous and new position of the employee. The date of the order must coincide with the date of registration of the reorganization. The employee must be familiarized with the order for signature, and it makes sense to do this on the first working day after the date of the reorganization (that is, on the day the order is issued).

The record of the transfer must be entered into the employee's work book no later than a week from the date of the transfer (paragraph, of the Rules for maintaining work books).

How to transfer HR documents to the successor organization

Personnel documents of a reorganized organization that ceases to operate should be kept by the successor organization. Upon separation, the assignee stores part of the personnel documents of the reorganized entity.

The conditions and place of storage of archival documents of the reorganized organization must be determined by its founders or their authorized bodies (clause 9 of article 23 of the Federal Law of October 22, 2004 No. 125-FZ). Archival documents, in particular, include documents on personnel (clause 9 of article 23, clause 3 of article 3 of the Federal Law of October 22, 2004 No. 125-FZ).

Features of personnel changes during the merger

Several organizations are always involved in the merger process - two or more (clause 1 of article 58 of the Civil Code of the Russian Federation). As a result, a new entityfor which it is necessary to develop in advance a new staffing table and new personnel documents.

It is advisable to do this together with the specialists of each of the reorganized companies. In particular, it is important for the lawyer of the merging organization to interact with the lawyers of other reorganized organizations.

Only with such interaction will it subsequently be possible to avoid disputes with employees and other negative consequences.

Features of personnel changes during the accession process

In the event of reorganization in the form of affiliation, the employment relationship may change:

Or only from employees of the affiliated organization;

Or for employees of both organizations - the affiliated and the main (that is, the one to which the affiliation is carried out).

Labor relations change for the employees of the affiliated organization. This situation is typical for the case when the main company:

Acquires a similar business company in another city or constituent entity of the Russian Federation (i.e., becomes its sole participant by purchasing shares or shares);

He wants to turn this company into his.

After the parent company evaluates the assets and acquires new company, she should conduct a staff assessment: which employees from the acquired company will be needed by the future branch, and which will not.

Most often, the management of the main company initially has a clear picture of how business will be organized in the new territory. As a rule, the main company already has branches in other cities, an established structure of business processes, as well as an organizational structure adjusted for these processes and typical section the staffing table of the company with the number of employees required by the branch and a list of positions.

Before starting work with the personnel of the affiliated company, the main company must draw up a draft section of the staffing table for the future branch with a specific number of employees in each division. The management of the main company needs to understand that those employees who are not indicated in the staffing table will be fired due to the reduction in the number (staff) of the organization's employees.

Then it is necessary to assess the working conditions in the purchased company and compare with the working conditions in the main company: daily routine, wages, bonuses, additional vacations etc.

In order for the working conditions to be the same in both reorganized companies, it makes sense to renegotiate employment contracts with the employees of the acquired company in the version of the standard employment contract of the parent company. In other words, the merged company should change the working conditions in such a way that they become similar to those of the parent company. Moreover, it is advisable to do this even before the legal measures for reorganization are carried out.

To do this, the main company must send to the newly acquired company all the necessary personnel documents (draft section of the staffing table for the future branch, Internal labor regulations in the main company, Regulations on remuneration, standard form employment contract, etc.). On the basis of such documents, the head of the acquired company begins its transformation into a future branch: changes the staffing table, reduces employees, renegotiates employment contracts, etc.

If both companies have the same employment contracts and the same remuneration systems, all subsequent registration of labor legal relations will be much easier than in a situation where working conditions are different. Consequently, it makes sense to prepare the acquired company for a branch in advance and only then carry out merger activities in it.

Notification of employees of the affiliated company, as well as translation and changes in personnel documents, is carried out according to the general rules.

Labor relations change for employees of the main and affiliated organizations. This happens, as a rule, when companies that are independent from each other with different types of activities and different structures are involved in the reorganization.

In this case, the main company needs to create a new organizational structure and actually draw up a new staffing table. It is advisable to develop the staffing table jointly with employees (lawyers, personnel officers) of each of the reorganized companies.

Features of personnel changes in the separation process

The heads of companies created in the process of separation need to issue an order on personnel changes in connection with the reorganization. In this document, it is necessary to provide a list of only those employees of the reorganized company who go to work for a specific legal successor, that is, in the company created in the process of separation.

Features of personnel changes in the selection process

The head of a company created in the spin-off process needs to issue an order on personnel changes in connection with the reorganization. In this document, it is necessary to provide a list of only those employees of the reorganized company who move to work in the established company (i.e. to the legal successor).

The assignee receives and retains personnel documents relating only to these employees (and not all employees of the reorganized entity).

Features of personnel changes in the transformation process

When reorganized in the form of transformation, labor and, if any, retain their effect. There are no grounds for terminating employment contracts with employees (Art., Labor Code of the Russian Federation).

Usually, a reorganization does not change the terms and conditions of remuneration of employees. But if the place of work changes - the address of the company, position, terms of remuneration and other conditions, then additional agreements to labor contracts must be drawn up already on behalf of the new employer. No later than two months before this, it is necessary to notify employees of upcoming changes. Also on behalf of the new employer. In the same manner, it is necessary to notify employees if it becomes necessary to reduce staff.

In the work books, you need to make an entry about the transfer of employees to a new company in connection with the reorganization. Column 3 of the book may contain the following wording: "Closed joint-stock company Mir, from October 1, 2017, was transformed into a limited liability company Mir (LLC Mir)."

Personnel issues during reorganization, which takes place in a short time

It often happens that the company's management sets the task of registering a reorganization within a specific time frame. At the same time, there is not enough time to conduct personnel events and prepare personnel documents. Let's take a look at the most common problems that can be encountered during an urgent reorganization and how to solve them.

1. There are no documents regulating labor relations in the legal successor organization.

It is necessary to develop and approve, first of all, the following documents as soon as possible: Internal labor regulations, Regulations on remuneration, Regulations on material incentives, a standard form of an employment contract.

2. New structural subdivisions appear

It is necessary to sign additional agreements with employees transferred to a new structural unit. You also need to approve the Regulation on this unit (for example, the Regulation on the branch) and familiarize all its employees with the new job descriptions... It is likely that many documents will have to be processed retroactively, as employees will not be ready for such drastic changes, they will take timeouts to review the documents issued for signature, as well as consult with the trade union.

3. Conflicts and misunderstandings arise with the union

It is important to explain to the trade union leaders the complexity of the reorganization measures and all the nuances of the documents being drawn up. Improving relations with the union can in turn reassure workers and give them assurance that work and wages will remain the same.

4. Employees refuse to sign personnel documents, go on vacation and sick leave

It makes sense to organize a tour of employees' homes in order to obtain the necessary signatures.

If, in this case, employees refuse to sign, the decision-making regarding such personnel will need to be postponed until they go to work.

If such an exit does not take place soon (for example, if employees are on long parental leave), new employees can be hired in place of employees according to fixed-term contracts... However, as employees leave their holidays, they will have to carry out organizational and structural measures and change staff.

5. Employees quit and / or argue with the employer

It is important to adhere to the principle of maximum openness to employees.

It makes sense for all lawyers of the company, including those who work in separate divisions, to organize meetings with labor collectives and clearly explain the procedure for carrying out reorganization measures. The best way to explain this is through visual presentations, where each slide contains information about a particular stage of the reorganization.

At the same time, one should not be limited only with explanations and legal advice. The best option - this is when the management of the company and its other departments besides the legal one (personnel, financial, etc.) are involved in the process of interaction and dialogue with employees. Moreover, if the company has corporate edition (website), it should be used to publish plans related to the reorganization and its results.

1. Duration of seasonal work during the year according to general rule cannot exceed:
Correct answer: C) 6 months.

2. Employment book for submission to Pension Fund handed over to the employee at his written request in time:
Correct answer: A) no later than 3 working days;

3. When the employer reduces the number of employees preemptive right to remain at work should be provided to employees with:
Correct answer: A) higher labor productivity and qualifications

4. When concluding an employment contract for a period of 2 to 6 months, the test cannot exceed:
Correct answer: A) two weeks;

5. An employee who has entered into an employment contract for a period of up to two months may terminate it early on on their ownby warning the employer:
Correct answer: A) three days before dismissal;

6. Dismissal for repeated violation of labor duties is not allowed:
Correct answer: A) a pregnant worker;

7. During the on-site inspection, the labor inspector presents to the employer:
Right answers: A) service certificate;
B) an order to conduct an inspection;

8. When returning from a business trip, the employee must submit:
Correct answer: C) an advance report on the amounts spent.

9. The presence of a document on the procedure for processing personal data is required:
Correct answer: A) for all employers;

10. An employee can be suspended from work:
Correct answer: A) due to failure to undergo a mandatory medical examination;

11. The hiring of a "visa-free" foreign worker must be notified:
Correct answer: A) body of the Ministry of Internal Affairs of Russia;

12. If an employee applied for a vacation outside the vacation schedule, can the employer refuse him?
Correct answer: A) yes;

13. If an employee has filed an application for dismissal, then until when can he withdraw it?
Correct answer: B) before the end of the last working day;

14. How long should the employee be familiar with the order to impose a disciplinary sanction?
Correct answer: B) within three working days;

15. During what period the employee must be familiarized with the order of employment against signature?
Correct answer: C) within 3 working days from the date of commencement of work;

16. Does an employee have to write a letter of resignation with his own hand?
Correct answer: B) no, the employee can print the application, the main thing is that his signature is handwritten.

17. In what cases is it legal to provide guarantees and compensations to employees who combine work with education?
Correct answer: A) when employees receive an education of the appropriate level for the first time

18. The amount of benefits for temporary incapacity for work is established:
Correct answer: B) federal law (by laws)

19.According to the norms of the Labor Code Russian Federation wages are:
Correct answer: A) remuneration for work, and compensation payments (additional payments and allowances of a compensatory nature

20. Vacation payment is made:
Correct answer: B) no later than three days before its start

2 1 . Normal working hours:
Correct answer: B) cannot exceed 40 hours per week

22. What is the duration working week can be set when determining the working hours?
Correct answer: D) any of the above

23. Is it allowed to attract workers to work on weekends and non-working holidays without their consent (with the exception of creative and other media workers, cinematography organizations, theaters, circuses, etc.)?
Correct answer: A) is allowed in special cases (to prevent a disaster, industrial accident, accidents, destruction or damage to the employer's property, eliminate natural disaster and some other similar purposes)

24. The duration of annual basic and additional paid vacations of employees is calculated in:
Correct answer: C) calendar days, not including non-working holidays falling on the vacation period

25. What conditions are not mandatory for inclusion in an employment contract?
Correct answer: C) job responsibilities

26. How long must an employee work for an employer (for whom work for this employer is the main one) in order for the employer to have an obligation to maintain work book an employee?
Correct answer: B) more than five days

27. When sending an employee on a business trip, he is guaranteed:
Correct answer: D) all of the above (in paragraphs "a", "c")

28. What represent the daily allowance paid to an employee when an employee is sent on a business trip?
Correct answer: D) none of the above answer options is correct

29. In case of temporary disability of an employee, the employee's annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee.
The employee went on annual basic paid leave for the period from March 1 (Friday) to March 7 (Thursday). On March 5 (Tuesday), the employee fell ill and was on sick leave for 6 days (from March 5 to March 10 (Sunday)).
The days off for the employee are Saturday and Sunday, March 8 is a non-working holiday.
If an employee's vacation was extended due to his illness, the employee must go to work no later than:
Correct answer: Answer: March 14 (Thursday)

30. Upon termination of an employment contract due to a reduction in the number or staff of the organization's employees, the dismissed employee is paid a severance pay in the amount of the average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay) ... An employment agreement or collective agreement may establish increased severance pay. On April 30, the organization terminated the labor contract with the employee due to the reduction in the number of employees. The average monthly salary of an employee for the purpose of paying severance pay was 100,000 rubles. The collective agreement stipulates that upon dismissal of employees due to a reduction in the number of employees, the retained average earnings of employees for the period of their employment is paid with a coefficient of 1.5.
Half a month after the dismissal (May 16), the employee entered into an employment contract with a new employer.
What total amount severance pay and retained average monthly earnings should be paid to the employee in the situation in question?
Correct answer: Answer: 100,000 rubles.

Often large companies can understand what is the reason for staff turnover. Because the level wages average in the region, and the backbone of employees is very strong in their professionalism and human qualities. However, employees leave anyway. The reason for this may be the ineffective http://www.toptalentagency.com.ua or its absence.

Criteria for evaluating the performance of employees and managers TopTalentagency

There are certain criteria that allow you to evaluate the activities of the head of the enterprise and all personnel. To obtain reliable and current information strict adherence to all criteria will be required. It is worth noting that the indicators can be applied both for all employees and for specific positions. Naturally, the features of a manager's activities are fundamentally different from the requirements that apply to an ordinary worker. That is why there are no universal criteria. They can be divided into groups: business, professional, moral - psychological and specific. To assess the effectiveness of activities, a questionnaire, a scale of behavioral attitudes, descriptive methods, assessments for a given choice and a decisive situation are used. To facilitate the task of finding and selecting the right personnel, there are specialized companies such as TopTalentagency. This agency was founded three years ago and during this time has already managed to close more than 500 vacancies. It should be noted that they belonged to both domestic and international projects.

Expert in a specific market segment

Each specialist of the agency is assigned a separate segment of the market in which he possesses certain experience and practical skills. Thus, the recruiter understands all the features of the market entrusted to him and takes them into account in his work. This strategy led to the creation of its own database of candidates for projects. In addition, TopTalentagency additionally attracts consultants when it comes to narrow specialization... This happens on an outsourced basis. This ensures a quality result.

The agency's specialists in their activities apply international experience and innovative tools in the initial assessment of candidates for the position. It is worth noting that TopTalentagency experts are professionals in their field and are focused exclusively on the most effective result.

Investment in construction in recent times are considered very profitable as this business area is growing rapidly. The funds invested in it pay off almost immediately; today the demand for square meters in Moscow significantly exceeds the supply. According to 2006 data, the supply was 5 million sq. M. m. against the "desired" 40 million square meters. m. The increase in construction volumes, however, does not automatically lead to an influx of new personnel into this sector of the economy. As a result, there is a shortage of personnel on the market.

The labor shortage is growing

The absence of people is not unique to Moscow. In the northern capital, according to recruitment agencies, the shortage of managerial personnel at various levels in the industry is more than 1,000 people. And the situation in the regions is clearly illustrated, for example, in Omsk, where the deficit of construction personnel is 2 thousand people.

The shortage of people in the construction profession is explained not only by the growth of the market, but also by demographic reasons. Suffice it to recall how popular the specializations "Jurisprudence", "Finance and Credit", "Management" enjoyed in the 90s among those entering universities. Construction professions occupied not the first places in the list of priority specialties.

Firms deal with the personnel issue in different ways. One of the most widespread and cheapest is non-intellectual " work force"is imported from neighboring countries. But now the market dictates such requirements for workers and specialists as knowledge and possession of new materials and technologies. Therefore, large construction companies and firms dealing with building materials, great attention devote to the issue of personnel training and organize their own educational centers for future assemblers, electricians, finishers, etc.

The Moscow mayor's office headed by Yu.M. Luzhkov. But this is a matter of the future, but for now ...

Builders "rise in price"

In general, 2006 was characterized by an upward trend in wages for people employed in the industry. According to the Unity Set recruiting agency, the salary growth for representatives of such specialties as electricians, foremen, architects, site managers, chief project engineers, chief project architects was 16-20 percent. The difference between the monthly income of designers at the beginning of the year and at the end of the year is slightly larger - 25-27 percent.

Isolated cases are knocked out of the general trend. For instance, main architector the project, which the company did not take at the beginning of the year, asked for a salary twice as much when the same employer applied again after 10 months. And the company was forced to agree to his terms.

According to the St. Petersburg Institute of Regional Economics and Management, construction enterprises are especially in demand for facility managers, designers, surveyors, technical supervision specialists, site managers, internal network engineers, foremen, bricklayers, plasterers, and electricians.

In general, experts state that the situation on the personnel market has changed recently. So, if in 2003 - 2004. construction companies were the most in demand line employees, specialists associated with the production and preparation of the construction process (heads of production and technical departments, heads of sections, heads of estimate and contract departments, etc.), then, starting from 2005, the demand for leading design engineers and chief specialists of the design department of various construction areas. For example, we need engineers-designers of pipelines and gas pipelines, small and large boiler houses, heating networks, project leaders, heat engineers, heads of technical networks for engineering networks. Among the line personnel, there is now an urgent need for foremen who can act as an intermediary between all specialists on the construction site.

In addition to the salary race, some employers use other techniques to attract people. In particular, Moscow companies invite specialists from the regions, providing them with housing, social benefits, and at the same time paying decent wages.

Staff is recruited in all construction enterprises approximately the same: companies advertise open vacancies on the Internet, newspapers, magazines. Employers also recruit people on the recommendation of colleagues and increasingly turn to recruitment agencies.

The trend in the development of the labor market in the construction sector is such that there are fewer job seekers. If 5 years ago construction companies the activity of its own personnel department was enough to solve the problem of open vacancies, but now, with a shortage of personnel, businesses increasingly turn to the services of professionals, to recruitment agencies. Employers' demand for construction specialties growing every year. And the number of clients for recruiting agencies is increasing. Thus, today the appeal to recruiters is becoming traditional, - concludes the director of Unity Set Irina Semenova.

Expand your search

Along with the demand for construction vacancies, the number of recruiting agencies helping to satisfy it is growing, and whole construction departments appear in the agencies themselves. Hiring recruiters has its advantages. Thus, the database of one agency exceeds the sample of “its own” personnel by tens of times. In addition, recruiters accurately and in a short time select the specialist that the company needs.

The main thing in recruiting is to clearly understand what kind of person the company needs. It is fundamentally important to speak the same language with employers. The consultants of a good agency do not just understand the wishes of the customer, they take an expert position in the matter. How is it shown? For example, sometimes a personnel specialist understands the customer's needs, present and future, to such an extent that even in the absence of an order, he recommends an interesting applicant for a certain vacancy in the company, '' says Irina Semenova.

The personnel market is growing, recruiters are improving technologies for finding the right candidates, increasing the databases of applicants. Which agency should I contact? In this situation, it is easy for employers to get lost in search of specialists. Therefore, some companies turn to several recruiters at once, believing that this increases the chances of finding a candidate. However, the following feature of the market is not taken into account: the number of applicants remains unchanged for all recruitment agencies. After all, a candidate in search of a job sends a resume to e-mail in a dozen recruiting services and places it on five to seven Internet sites.

How to choose recruiting agency? Irina Semenova acted as an expert in this matter. When choosing an agency, in her opinion, one should pay attention to such "quality indicators" of its work as the percentage of repeat orders from clients, the percentage of vacancies and the percentage of replacement of candidates during the warranty period (90 days).

Personnel for "growth"

But recruiting agencies mainly receive applications for experienced workers with good experience and an impressive store of knowledge. And what will happen to young professionals?

Last year the Association of Builders of Russia, heads of higher and secondary educational institutions construction sector applied to the Ministry of Regional Development, Ministry of Education, Federal agency by education, the Federal Agency for Construction and Housing and Utilities with a proposal to optimize the training system for industry specialists. According to the professional community, today practice-oriented personnel who know modern technologies are required.

Employers refuse to hire young builders, while specialists with extensive experience are retiring, some of them cannot work in tough, dynamic conditions and do not know new technologies and computer programs.

To solve the problem of age "scissors", when the young still "cannot" and the experienced ones already "do not want", some enterprises turn to the already established pre-perestroika practice, then the factories took patronage over universities and provided their students with a good internship. This experience is still relevant today. For example, the Stroymontazh corporation maintains constant contact with specialized universities in St. Petersburg. Their students have the opportunity to gain experience on the construction site, and if they perform well during the internship, they stay with the company.

Today, when production volumes are increasing, new technologies are being introduced, modern production lines are being launched, the personnel shortage threatens to become a brake on the development of the construction industry. And until this situation changes, wages, as well as the demand for construction workers, according to experts, will only grow.

Press service of CC "UNITY"