Perform job duties according to job descriptions. Official instructions - what is the document? How the specialist job description is drawn up

The job description is a legal document in which all the conditions and responsibilities of the employee of the company are prescribed. According to this decree, a certain set of tasks and deeds is enshrined behind the employee, which it should be unquestioned. The Labor Code does not say about the strict conclusions of the proposal instruction with the new employee. However, many managers of various organizations require a similar document. For municipal and civil servants, job descriptions are one of the main legal regulations governing their work.

The main difference of such instructions from the employment contract is that it is not written individually for each employee, indicating its personal data, and is drawn up in a generalized version for a particular specialization.

The job description is a document by which you can prevent conflicts, disagreements between subordinates and the leader. It is prescribed in the most detailed details of all the nuances, labor moments that the employee must perform.

The rules for drawing up the instruction

When developing a job instruction, the compiler is obliged to be guided by certain rules and conditions.

1. The job instruction is written for each specialization according to internal working order and staffing. This also includes managerial and divisions.
2. If the department has several employees performing the same work, one general instruction is drawn up.
3. Before developing a document, it is necessary to make full and position. This will clearly reflect all sorts of nuances and small details.
4. Qualification directory of positions No. 37, approved by Mintrost of 21.08.1998, should be the basis for describing any specialty.

Structure

Typical specialist job instruction contains several sections:

• "General provisions."
• "Rights".
• "Official duties."
• "A responsibility".
• "Final provisions".

The "General" clause includes several legal aspects:

• job title;
• requirements according to the skills of a specialist;
• who in submission is an employee;
• presence of subordinates;
• who will replace the employee during the holidays, hospital, rations;
• list of documents that are obliged to guide the worker, and so on.

The Item "Rights" reflects the main list of legal possibilities that the employee can use during the execution of its employment duties.

The item "Official duties" himself speaks for itself. It describes in detail all the functions to be executed.

The item "Responsibility" provides for a measure of obligations under the laws of the Russian Federation, which should be incurred by a worker for non-compliance or violation of their employment duties.

The Item "Final Provisions" regulates the issues of the entry of the document into legal force, the rules for amending and change.

Who develops job descriptions?

The job description is a legal document, which is compiled by an authorized person, most often by the head of the organization or personnel. Also to the writing process of such a document can be connected by a lawyer or representatives of the company's narrow-profile department to make appropriate adjustments and additions.

The purpose and significance of the job instruction

The presence of this document in the organization is due to a number of goals:

• settlement of work disputes;
• reasonable division of labor;
• improving the efficiency of workers;
• creating a legal framework for a specialist;
• consolidation of working discipline;
• regulation of relations between the employee and subordinate;
• proper selection of personnel.

The significance of the document for the employee is as follows:

• full order in the distribution of duties;
• clearly formulated duties and functions;
• rapid resolution of controversial issues related to labor;
• knowledge of criteria for which the productivity of labor is being used.

Storage of document

The enforced job description of the specialist is fixed with the cord and stored in the personnel department. A copy of a similar document is issued by a specialist and his direct chief to which they may apply.

Official instruction of accountant

The job description of an accountant is the same document where all his duties and rights are prescribed, among which the maintenance of office work, invoices are the main. Among other important functions and regulations determine:

• appointment procedure for the appropriate position;
• level of qualification preparation of an accountant;
• registration and control of the flow of financial documents;
• constant verification of paid / unpaid accounts;
• execution of penalty accounts;
• preparation and delivery of reporting documents;
• listing / accrual of taxes in local and regional budgets;
• participation in inventory of inventory and cash;
• formation, storage and maintenance of the accountant database;
• compiling a salary statement;
• accrual and issuance of cash premiums workers;
• control and reception

All these duties of the accountant are prescribed in the instructions. If its functions are not fixed in other legal acts regulating this document is the only one and has equal legal force in comparison with the generally accepted decisions of the Labor Code of the Russian Federation.

Job Design Department

When drawing up such a document, the specifics of the work of the personnel department should be taken into account. For example, in the official instructions of the head of the personnel department, the following duties must be prescribed:

• management of the personnel department;
• verification and control of the execution of obligations of subordinates;
• acceptance of participation in the development of personnel strategy and organization policy;
• ensuring admission, alignment, placement of young professionals based on their business, personal qualifications and qualification data;
• full preparation of documents relating to pension insurance of workers;
• organization for activities aimed at raising personnel qualifications.

Manual of the dispatch service operator

As a rule, the specialty of the operator belongs to the subdivision of the technical contractor. Official instruction of the operator includes the main responsibilities:

• registration of traffic junctions;
• distribution of drivers;
• conducting traffic traffic;
• filling in commodity overhead;
• maintenance of technical documentation;
• drawing up the cost of cargo transportation and other.

Instruction of the municipal employee

The official instruction of the municipal employee is the right document that regulates the responsibilities and rights of the employee when conducting a certain authority of local government.

To properly determine the functions of the employee, the decisions of the Federal Law "On Fundamentals in the Municipal Service of the Russian Federation" should be guided, as well as other documents of the Constitution of the Russian Federation.

When writing official instructions of the employee, it is necessary to take into account the rules for the technological and functional division of labor on the adoption and development of own solutions in the field of self-government.

Instruction of the main nurse

The official instruction of the main nurse is developed in accordance with the provisions of the Ministry of Health and Labor Code, as well as with the federal laws of the Russian Federation and the Ministry of Labor.

The main responsibilities of the senior nurse include:

• compliance with the rules of medical deontology;
• ensuring proper care of patients;
• arrangement on the posts of frames of the middle and junior link;
• timely provision of necessary inventory, drugs, medical instrument;
• full compliance with the rules of behavior of patient care personnel;
• conducting medical reports on consumption / coming of medicines, on the work of the younger link;
• tracking compliance with the appropriate form of clothing;
• full control over the work of the nurse.

When working to work, workers should carefully and thoughtfully examine all the documents that require its signature. It is necessary to read the employment contract, internal decisions and acts of the organization on the distribution of labor time, the provision of holidays and hospitals. It is also important to first get acquainted with its duties, in this case the job description is just useful. This one of the most necessary and important can resolve almost all problems, disputes and conflicts between subordinate and leader.

Job description - This is an organizational and legal document published in order to regulate the organizational and legal status of an employee, his duties, rights and responsibility and providing conditions for its effective work. The job description is a local act in which the employee's place is determined in the enterprise management system, as well as the main functions, duties, rights and responsibilities of the employee in carrying out activities in a particular position.

What is the job instruction?

Job description As the type of document is not mentioned in the Labor Code and, from a formal point of view, its availability in the enterprise is not mandatory. The role of job instructions is to streamline the work of workers of all units and the whole organization. Usually, job descriptions describe the responsibilities and rights of employees, allow you to evaluate the work of an employee from a quality position. The job instruction is a natural annex to the employment contract. The employment contract is responsible for the question: "What should the employee do at work?", And the job register answers the question: "How should it do."
Job description It is a description of the official duties of each standard schedule or a separate employee if its functions differ from the functional of similar posts. The job instruction contains a description of the specific types of work performed by the employee, and contains requirements for vocational training. Official instructions contain characteristics of posts and professions described in the "Qualification Directory of Managers, specialists and other employees" (Resolution of the Ministry of Labor of the Russian Federation № 37 dated August 21, 1998) and "Tariff qualification characteristicson the general industry workers' professions "(Resolution of the Ministry of Labor of the Russian Federation № 31 dated November 10, 1992), as well as in industry regulatory documents.
Usually, official instructions Created for managers, specialists and employees. For workers, job descriptions are usually not created. An employee, employed on a particular specialty must have both appropriate qualifications, the requirements for which should be contained in the employment contract. For workers, qualification requirements are contained in the "tariff qualification characteristics for general-industry workers' professions" (Resolution of the Ministry of Labor of the Russian Federation No. 31 dated 10.11.92), as well as in sectoral regulations. The actions of workers in certain situations and on certain processes and technologies are usually fixed in manufacturing instructions.

Form of the job description

Method of registrationofficial instructions Determines the employer. Like any managerial document, the job instruction must comply with the requirements of GOST R6.30-2003. The form of the job instruction should find its consolidation in the "album forms of management documentation" of the organization.

Contents of the job instruction

During useofficial instructions Several methods of their preparation were developed. They differ among themselves both recommendations for content and design recommendations.
One of the simplest is a technique at which the job instruction consists of only two sections:
1. Basic tasks,
2. Official instructions.
A more complex option includes sections:
1. General Provisions.
2. Official duties.
3. Rights.
4. Responsibility
The third approach to the structure of the job instruction is that in addition to the above, sections are included in the job description:
1. Functions.
2. Relationships (service links).
A number of organizations also use such a layout of the official instruction, according to which the individual block provides promotion and recovery of an official.

The composition of the points of the job instruction

In the "General" section, it is indicated:
- category of position in accordance with OK 016-94 and "Qualification Directory";
- requirements for training, experience work;
- the procedure for appointing a position and liberation;
- a list of regulatory documents that the employee should know and be guided in its activities;
- Subordination and replacement.

Tab. 1 Section "General Provisions"

In the "Rights" section, the powers assigned to the employee necessary to fulfill duties assigned to it are indicated.
In the section "Responsibility", the personal responsibility of the employee is established in accordance with federal laws and local regulatory acts of the enterprise. If an employee is a materially responsible person, then the job instruction along with the Treaty of Liability may determine how this employee carries in accordance with the legislation of the Russian Federation material liability for damage caused to the enterprise.
In the event that the job instruction determines the responsibility for non-fulfillment or improper performance of official duties, the evaluation criteria should also be envisaged, which make it possible to assess the degree of execution by the employee of their duties and the use of their rights.
Error! The use of disciplinary penalties not provided for by federal laws, charters and regulations on discipline is not allowed.
In addition to those listed, other sections can also include other sections, for example: "Promotions and recovery" or "Relationship (Service Communications)". The latter lists the circle of officials with which the specialist enters into official relations and communicates with information, the timing of receipt and provision of information is indicated, the procedure for signing, coordination and approval of documents is determined.

Familiarization with job description

The employee must be familiar with the job description, which is put by his visa about acquaintance on the document itself, or on a special form:

Fig. List of review

What job instructions are being developed

The degree of detail of the job instruction

Who are agreed by job descriptions

Who signs and approves the text of the job instruction

The official instruction signs the head of the structural unit where a specialist works, the work of which is created by the instruction, approves the authorized head of the organization.

How often it is necessary to change the text of the job instruction

Where the job descriptions are stored

The job description is a document published in order to regulate the organizational and legal status of the employee, the establishment of its official duties, rights and responsibility, as well as the qualification requirements for their position.

The job instruction is a document containing the entire list of employment duties of the employee.

As a rule, job descriptions are developing on the basis of qualifying characteristics or on the basis of professional standards, which are approved by the Ministry of Labor of Russia.

Based on qualifying characteristics, job descriptions are developed for specific employees, when compilecing the duties provided for in the characteristics, taking into account the peculiarities of the organization of production, labor and management, the technologies of the execution of labor processes.

Objectives of developing job descriptions and official regulations:

1. creation of an organizational and legal framework for official activities of officials;
2. increasing the responsibility of officials for the results of their activities;
3. ensuring objectivity in certification of the employee, promotion or imposition of disciplinary recovery;

A carefully developed job description is an opportunity for an employer to require an employee of appropriate work, the tool in the fight against non-painful workers who evade their duties.

What should be in the job description

Getting Started by the development of the job instruction, the compiler should proceed from the structure of the enterprise, the characteristics of the structural unit, in which the appropriate position, the features of the work of persons substituting the positions for which the instructions are being developed.

Thus, the development of the instruction is simply necessary to involve the head of the structural unit, which is subject to the employee, as well as the head of the personnel department.

The job instruction determines the position of the employee in legal relations. The record of legal relations is done with the following legal categories:

1. responsibilities;
2. rights;
3. a responsibility.

Currently, a traditional approach to drawing up the job instruction was established, according to which the job instruction consists of five sections.

Section 1 "General Provisions". It contains the area of \u200b\u200bthe employee's activities indicating:

• categories of positions determined in accordance with OKPDTR - Head, Specialist, Technical Artist;
• the procedure for appointment and liberation from office, as well as substitution during its absence;
• qualification requirements;
• subordination of the employee;
• the list of regulatory documents that the employee must be guided in its activities.

Section 2 "Employee Functions" which lists the main activities of the employee.

Section 3 "Official Responsibilities" - Defined specific types of work performed by the employee.

Section 4 "Employee Rights" - the powers necessary for the employee are enshrined to fulfill their duties assigned to him.

Section 5 "Employee Responsibility" - The personal responsibility of the employee is regulated.

In more detail about which provisions should be included in these sections can be found in the article on the link.

The procedure for the development and approval of the job instruction

Since the procedure for drawing up the instructions with regulatory legal acts is not resolved, the employer independently decides how to make it changes and make changes to it.

Practice shows that the job instruction in some enterprises is an attachment to the employment contract. There are also cases where the job instruction is approved as an independent document.

Making changes to job description

Amendments to the job description may be associated with a change in the mandatory conditions of the employment contract.

Due to the lack of a regulatory procedure for approving the instructions by the Federal Working Service for Labor and Employment (Rostrud), written guidelines on this issue in a letter from 10/31/2007 N 4412-6 "On the procedure for making changes to employee job descriptions". This letter states that when making changes to the instructions, the requirements for the advance written notice of the employee should be followed. And only after the employee agreed to the continuation of labor relations, changes are made to the job description.

If the instruction is an application to the employment contract, it is advisable to make simultaneously amendments to an employment contract and job description by preparing an additional agreement.

If the job instruction was approved as a separate document and the introduction of changes to it does not entail the need to change the mandatory conditions of the employment contract, most convenient to approve the job description in the new edition, writing an employee with it in writing. The job instruction is usually drawn up in two copies, one of which at the request of the employee can be handed him.

Ratio of job descriptions and professional standards

Separately, it is worth considering the issue of changing the official instructions in connection with the use of qualifying directories or newly entered professional standards and on the inconsistency of the instructions such documents.

So, one of the employees in court challenged the new job description, which was changed by the employer in connection with the introduction of new professional standards. The arguments of the employee testified that he was charged with a new duty - the organization of the work of the institution, the management of the department and specialists, which was, in his opinion, a new labor function.

When resolving the dispute, the court compared job descriptions before and after adjustment and did not agree with the applicant's arguments. According to the court in this case, the labor function has been preserved, only the refinement of employment actions was made. Additional duties were not introduced, which would attract additional qualifications or specialty requirements, introduced only new conditions for the fulfillment of the entrusted work. (See the appeal definition of the Rostov Regional Court in case No. 33-8683 / 2016).

In cases when additional functions were imposed after making changes to the employee, the court recognized the actions of the employer to make changes wrong with (for example, the definition of the Supreme Court of the Komi Republic dated July 16, 2012 in case No. 33-2986AP / 2012)

In this way, If a particular profession has professions, it is necessary to take into account their provisions when developing job descriptions

Official instructions are developed by the head of the structural unit under the leadership of the personnel service and are agreed with legal service.

Changing employment duties in the job description

Can I add new duties? Such a question often arises from employers who want to optimize the workflow and distribute the amount of work between the smaller number of employees.

In practice, attempts to make additional responsibilities in the job description are not always successful.

The worker was adopted in an organization to the position of engineer and acquainted with the job description. A few weeks later, the employer issued an order for the introduction of a new job description. The plaintiff added new responsibilities: now he had to perform the duties of a locksmith and electrician. The plaintiff did not agree with this. The court supported the employee and pointed out that the new job description significantly changes the terms of responsibilities of the plaintiff, as it imposes him the responsibilities of the working professions, which is unilaterally unacceptable (the definition of the Moscow City Court of 10.02.2012 in case No. 33-3987).

Familiarization of the employee with job description

As a general rule, the employee must be familiar with the job description personally and on receipt. The lack of written confirmation of the fact of familiarization with the instruction does not allow to apply the measure of responsibility for violation of specific duties.

The main ways to confirm the familiarization of the employee with official instructions are assessed by the following:

1. sappings of the employee directly on the sheets of the job instruction. This method most accurately corresponds to the principle of intention of intentions of the parties, causes confidence in law enforcement and inspection bodies, since it does not allow to replace or supplement the content of the document without the knowledge of the employee;
2. fixing an employee signature on a separate learning sheet. The review list may be provided for each individual type of regulatory acts of the organization (official instructions, the rules of the internal labor regulation, the schedule of replacement, etc.), so possibly the presence of a single leaf of familiarization with the entire array of local acts of the organization;
3. enabling the appropriate condition in the employment contract. The condition for bringing the instructions to the attention of the employee is included in the content of the employment contract, and the employee, signing the contract, thereby gives a receipt at the same time and read. The courts recognize the existence of such a condition in the contract signed by an employee as proof of the provision of official duties when considering any categories of cases, including disputes on the illegality of dismissal.

However, the fact that the worker is not familiar with the job description is not an obstacle to his dismissal.

On issues of compulsory familiarization, a certain judicial practice has developed.

So, the employee did not fulfill the instructions of the head and was dismissed because the test was not passed. He did not agree with the decision of the employer. I considered that I could not fulfill labor duties, since when taking a job was not familiar with the job description.

The Moscow City Court decided (the appellate definition of January 26, 2018 in case No. 33-3179 / 2018) that the dismissal of the employee is legitimate. The duty to fulfill the tasks of the leaders was spelled out in the employment contract. The fact that the worker is not familiar with the job description at the time of employment does not mean that he could not fulfill the instructions of the direct supervisor.

In similar situations, the courts most often recognize dismissal illegal. However, if the duties are established in other documents, the Court may consider the dismissal of legitimate.

Since judicial practice is ambiguous, when taking a job, it is better to familiarize the employee with the job description. Then it will be easier to prove that the worker did not cope with the fulfillment of his duties.

Articles

The job description is a document that establishes the organizational and legal status of a separate employee in the structure of the organization or in its structural division.

Officer instructions Employer uses to assess the behavior of an employee in case of attraction of disciplinary responsibility, including when dismissal on the grounds provided for by PP 5 and 6 h. 1 Art. 81 TK RF.

For managers of structural divisions and direct managers, job descriptions are a management tool to solve organizational and coordinating tasks.

The worker, for his part, is interested in a clear definition of the nature of the work, qualifying requirements imposed on the position occupied by him, the circle of official duties, their own powers, rights and responsibility, establishing relationships.

Thus, the job instruction is the organizational document and is created in order to:

• fastening types of work, employee specialization;
• establishing qualifying requirements for a separate post;
• eliminate parallelism and duplication in the execution of individual operations;
• establishing the relationships of individual posts;
• delimitation of duties and rights of employees;
• establishing their responsibility measures;
• evaluation of the activities of each individual employee.

Regulatory framework for creating

When developing job descriptions, the TK RF and other regulatory legal acts must be guided.

So, in Article 21 of the Labor Code of Russia, the rights and obligations of the employee, in Art. 22 TK RF - the rights and obligations of the employer arising and implemented in the process of labor relations.

The section "Must Know" contains a list of special knowledge necessary for the employee to fulfill its functions (legislative acts, regulations, instructions, regulatory and methodological documents), which it must take into account and be able to use when performing official duties. In the "Qualification Requirements" section lists the requirements for the level and profile of general and special training, as well as to the experience.

Help expert

Single regulatory approach

When establishing labor functions of managers, specialists and employees, employers are guided by the general-gradual unified qualification reference book of managers, specialists and employees (EKS) and its sectoral issues depending on the content they are three types:

• Qualifying directory of managers, specialists and other employees (general industry);
• Qualification directory of posts of general industrial positions (one for all industries);

• Industry issues of the qualifying reference book of employees (including position characteristics specific for a particular sector of the economy).

Development rules

The job description is developed for each position made to the staffing of the organization, and is impersonal. As a rule, this document is developed, is approved and commissioned in relation to a vacant position, before the search for a suitable employee and the conclusion of the employment contract with it.

Who should develop job descriptions?

The most rational development of job descriptions to instruct the heads of structural units, which determine subordination, subordination, the ratio of the functional responsibilities of employees of their divisions and other issues. The instruction is agreed with employees of personnel and legal service.

The project instruction can be agreed with interested parties, if it is provided for by the employer in the rules for the development of local regulatory acts. It should be noted that the coordination of the draft official instruction is not mandatory. To give a document of legal force, it is not required, but for improving the content and alignment with the norms of current legislation, this procedure is desirable.

Official instructions after agreeing with all interested officials and signing it by the compiler approves the head of the Organization or other person endowed with relevant powers.

Requirements for registration

Official instructions as a local regulatory act refers to organizational and administrative documents, i.e., part of a unified system of organizational and administrative documentation. All requirements for the job instructions are fixed in GOST R 6.30-2003 "Unified documentation systems. Unified system of organizational and administrative documentation.

The text of the job instruction is set out by individual items that are numbered by Arabic numbers within each section.

The structure of the text of the job instruction, as a rule, complies with the tariff qualification requirements provided for by the EX, and consists of the following sections:

The first section " a common part »Contains general positions:

• basic labor function (task) of this position;
• qualification requirements for its person;
• the fundamental organizational and legal documents that the employee is obliged to know and which is obliged to be guided in the performance of official duties.

This section indicates: the name of the post in accordance with the staffing schedule, its category (specialist, technical executive), the subordination of the employee, the main purpose of this position, the subject of the employee or the part of the work that is enshrined in this position.

The clause formulating training requirements usually establishes the requirements of the employer to the level of education and the experience of practical work necessary for the occupation of this position.

When preparing an item on a minimum of the necessary knowledge, the sections "should know" are most often used and "should be able" from the EKS. The directory provides a list of regulatory documents requiring an employee for professional activities. In the same paragraph, the local acts of the employer, organizational and administrative documents (orders and orders of the head, head of the structural unit, etc.), which are guided by the worker. This item can be expanded by including in it, for example, safety instructions, instructions for the operation of technical means and office equipment, the rules of service etiquette.

The first section can also be supplemented by the basic requirements for professional skills of the employee necessary when performing job responsibilities.

The second section - " Functions "- He is central to the job description and includes types of work enshrined in this post.

The list of functions in a specific job description depends on both the overall task assigned to the post and from the division of labor between employees of the structural unit. When preparing this section, it is extremely important to comply with the principle of completeness and not miss a single operation performed by the employee. Otherwise, it may later lead to serious conflict situations.

Third section - " Official duties "- establishes those permanent norms that the employee is obliged to comply with their work. This section provides not only the obligation of the employee to fulfill the labor function, but also the right of the employer to demand from the employee of its execution, contains a list of duties. This section includes the obligations provided for by the Labor Code of the Russian Federation, federal laws, other regulatory legal acts, local regulatory acts acting at the employer.

Note! Taking into account the specifics of the work, additional responsibilities may be established, for example, the duty of the employee, to undergo training (preparation, retraining) on \u200b\u200bthe initiative of the employer

The list of official duties of almost every employee includes the following:

• comply with the rules of the internal labor regulation;
• keep confidentiality of service information;
• perform the instructions and orders of the head of the structural unit, the head of the organization;
• comply with safety regulations;
• comply with the rules of operation of organizational techniques, not allow for work on the technical means of unauthorized persons and others.

In chapter "Rights" The powers are enshrined that the employee is empowered in connection with the execution of employment duties. In many ways, the content of this section is associated with the section "Functions".

The list of rights of the employee may include the following:

• request information necessary to perform job duties;
• represent the interests of the organization in relations with third parties, in court;
• monitor the actions of certain officials;
• sign or coordinate certain documents and others.

The "Rights" section is closely connected with the following section - " A responsibility "Where the content and form of employee responsibility for the results and consequences of their activities are usually established for non-compliance with the requirements of the job description.

Section " Relationships (contacts by position) »Sets subordination, submission, interchangeability and other bonds that arise when performing fixed duties. It may indicate the posts of position outside the organization, constant contacts carried out by an employee with third-party organizations, authorities.

Familiarization of the employee with the document

In accordance with the requirements of Part 3 of Art. 68 of the Labor Code of the Russian Federation when admission to work (before the signing of an employment contract), the employer is obliged to familiarize the employee under the painting with the rules of the internal labor regulation, other local regulatory acts directly related to the employment of the employee, including and with the job description.

See also: Deciphering receivables and payables Sample

Visas of familiarization workers can be located on the last sheet of the document, below the signature of the compiler and visa approval. In some cases, a special magazine can be used, in which employees are described in what are familiar with all the local acts of the employer.

Storage of job descriptions

Official instructions are local regulatory acts of a long term.

The most convenient option is the centralized storage of job descriptions in the personnel service, which introduces newly accepted employees with them. Meanwhile, in some organizations, these documents are stored in the structural divisions or in the office.

In any case, job descriptions are formed into a separate case (the basic rules of the work of archives of organizations are approved by the decision of the Rosarhiva College of 06.02.02). This case has a permanent shelf life (Art. 35a List of model management documents formed in the activities of organizations, indicating the storage time, approved. Rosarhive 06.10.00). The archive is surrendered after replacing current job descriptions with new ones.

job descriptions who are by law

Job description

Writing the job instructions is not regulated by regulatory legal acts. Writing the job instructions, registration and amendments to it are an independent right to the employer. In accordance with the Rosager letter dated October 31, 2007 N 4412-6, "the job instruction may be an annex to an employment contract or approved as an independent document."

Requirements of the State Standard GOST R 6.

Officials who are in the organization

What is the absence / presence from a legal point of view? This is the backbone, the minimum, without which there is no this document. What should the head of the employee, who asks to let him go from work? It is important here that you yourself understand what presence is the lack of at work from a legal point of view. The rights submitted by the specialist to perform the functions and responsibilities assigned to it.

Job descriptions who are by law

First of all, it should be noted that labor legislation does not require the mandatory compilation of instructions for all categories of workers (employees): Currently, the need for this is provided for only for municipal employees (paragraph 1 of Article 12, paragraph 1 of Art. 23 of the Federal Law of 02.03 .2007 N 25-FZ "On the municipal service in the Russian Federation"), individual categories of civil servants (for example, for police officers (p.

Official instructions

it is a local regulatory act, according to which the employee carries out work. - The main organizational and legal document that determines the tasks, the basic rights, duties and responsibility of the employee in the exercise of their work in accordance with the position.

- an increase in objectivity in certification, assigning special ranks and qualifying discharges to an employee, its encouragement and when an disciplinary penalty is imposed on it.

Nursing duties attached to the clinic

Question: Please explain. We worked as older nurses in kindergartens and belonged to Gunov (urban preschool education department). At the moment we were transferred to the clinic, and we are now called nurses of children's clinic.

Previously, the requirements menu accounted for a nurse in kindergarten. And who should do it in the current situation? What are our job duties?

Good day! A specific responsible person for making a menu-requirements for the issuance of food (F.

Instriction Official instructions in construction

Janitor - sweaters. What if everything is not all? The truth, as usual, lies in the middle - both the state requires a clear right laws, and the mechanisms of their implementation and the company are equally needed clear formalized descriptions of employee responsibilities and means of ensuring these duties.

The third task of officials is the provision of an employee of self-government and self-control of their activities.

How to make, harmonize and approve job descriptions

The article explains to what types of documents include job descriptions, who they are approved are coordinated, where the signature is recorded. It is understood in detail, on which regulatory acts the content is based, recommendations on the preparation of the organization's package are given.

The job instruction is a document that is included in the All-Russian Classifier for Management Documentation OK 011-93, UTV.

Conference Yurkluba

the question arose in my company: who should be official, and who is working and whether these work instructions are needed at all?

Di should be the one who administers the termination of employment contracts due to the inconsistency of the employee of the office, or at least understand how to do it in practice.

the question arose in my company: who should make instructions, and who is working and do these workers need?

do you have exotic posts? If not, then the typical di download anywhere and can be confused a little under the realities of the enterprise.

Who should develop job descriptions?

Question: Tell me, please, who directly develops in the enterprise, the head of the department or the personnel council? And what to do if the employee refuses to sign in (disagree with the conditions)?

Answer: Labor legislation does not contain requirements for compulsory compilation and approval on all positions, the profession of workers who have an employer.

Help: the procedure for developing job descriptions

The job instruction is one of the documents of the local regulatory framework of the Organization (Note 1) (Article 194 of the Labor Code of the Republic of Belarus, hereinafter - TC). Paragraph 2 of Art. 54 of the TC establishes the obligation of the employer when taking a job to familiarize the employee under the painting with the entrusted operation (by the job description). The instruction is an organizational and legal document, which establishes the main functions, duties, rights and responsibility of the employee of the organization in carrying out activities in a particular position.

Rules and procedure for compiling job descriptions

Officials governing the labor functions of staff positions of the Organization are an important regulatory act of local value. This document is also needed to both the employer and the employee, since it has established qualification requirements, lists the responsibilities and rights of the person who occupies this position.

- A document that is an argument in labor conflicts and disputes, so its content and design must comply with the requirements that are subject to legally significant documents.

Rules for compiling and registration of job descriptions

The legal status of the employee in the organization is regulated by the job description. This document establishes functions, rights, obligations and responsibility of the employee of the organization.

For registration of the job instructions, details are used, which are mandatory for a form intended for registration of internal documents. It should contain the name of the organization, the name of the document, the date and place of its preparation.

We compile a job description

Thanks to the instructions, the head can prove that the employee does not cope with his duties or violated a service secret. What else besides immediate obligations should we register? The expert of the site Tatyana Uskov, legal adviser, is responsible for legal issues.

- From the part of the companies of the job descriptions simply no, some have downloaded from the Internet. What does the law say - is it necessary at all?

- The law does not establish a direct availability of an official instruction as a local document, excluding government agencies.

Development of job descriptions

If the requirement for the availability of the job instruction is indicated in the legislative act, it must be designed at mandatory. In all other cases, job descriptions are developed on a voluntary basis.

The job instruction simplifies the relationship between the employee and the employer, because It accurately denotes the circle of responsibility and responsibilities of the employee, which significantly reduces labor disputes.

In the job instruction, the qualification requirements, tasks, functions, rights and responsibility of the employee are indicated.

Official instructions can be developed as a separate document, as well as an application to the employment contract.

How to make instruction

The legislation did not establish special requirements for the development of job descriptions. Therefore, it is necessary to adhere to the general rules for the development and approval of local regulatory documents. In addition, the employer may approve its own procedure for developing job descriptions. However, the provisions of this document should not contradict the requirements of the legislation.

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When developing instructions, it is necessary to take into account the structure of the organization and its divisions, the features of the work conditions, for which the instructions are being developed, the provisions of local acts of the organization.

Also, when developing job descriptions, the provisions of qualification directories and professional standards should be applied.

After agreeing with everyone, the instruction is approved by the head of the organization, the seal is assigned (if available). Originals of instructions can be kept by its developer, in the personnel department, at the secretary or elsewhere. Copies of instructions are issued to workers under painting.

The job instruction is valid until it is replaced by a new one.

The structure and content of the job instructions is determined by the employer independently.

Amendments to the Instruction

As a result of personnel changes, as well as when making new federal and local regulations, there may be a need to make changes to the instruction.

When making changes, the following points should be taken into account:

• What form is the instruction;
• Whether changes to the change in the employee's labor functions;
• Does the employee agree with the change in the provisions of the instruction (this item is especially relevant, if the employee has new job responsibilities as a result of changes).

If the instruction is developed and approved in the form of a separate document and the changes made are not entitled to a change in the labor function, but only specifies some of the responsibilities of the employee, the employer can develop and approve a new instruction without requesting the consent of the employee.

A copy of the new instruction is issued to the employee under the painting. Old job instructions are recommended to withdraw and dispose of.

If the changes made enhanced changes in labor duties or the emergence of new official duties, the receipt of the employee's consent is necessary. Changes in this case are made in the order of Art. 72 TK RF under the Agreement of the Parties.

If the instruction has been developed in the form of an application to the employment contract, the introduction of changes may be associated with a change in the obligatory conditions of the contract. We need to notify in writing about the changes of the employee in writing for at least 2 months.

With the consent of the employee, changes are made in the manner prescribed by Art. 72 TK RF. Otherwise, the employee can be dismissal in the order of Art. 74 of the Labor Code of the Russian Federation under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation - for the refusal to continue working in connection with the change in the working contract defined by the parties. However, the employer should have grounds for change (a change in organizational or technological working conditions). Before dismissal, the employer is obliged to offer an employee transfer to another vacant position.

When making changes to the job description, the employer issues an order. In this case, the employer may approve either a new instruction or changes made to the old one.

If the instruction was an application to the employment contract, the changes are made in both instructions of the document, through the conclusion of an additional agreement with the employee.

Value of job descriptions

Consider the reasons for the need to develop job descriptions.

Reasonable refusal to accept

Labor legislation prohibits unreasonable refusal to enter into an employment contract.

Justify the refusal can, for example, not the compliance of the business qualities and health status of the employee with the requirements of the vacant position.

Under business qualities, in this case, the ability of an employee to fulfill labor fiction, taking into account their professional qualification qualifications (for example, the presence of a certain profession, specialty, qualifications), personal qualities (for example, the level of education, experience in this specialty, in this industry).

Thus, it is precisely the presence of the requirements specified in the instructions will help to avoid employer of court proceedings.

Attracting an employee to disciplinary responsibility

In accordance with Art. 192 of the Labor Code of the Russian Federation disciplinary misconduct is non-performance or improper performance by an employee entrusted labor duties.

If labor duties are not approved by the employer in the form of an official instruction, then the involvement of the employee will be difficult to liability.

An employee can easily challenge such an employer actions by contacting the court. Moreover, when applying for an employee to the employment inspection, the employer can be attracted to administrative responsibility for violating the requirements of labor legislation.

Dismissal of an employee who has not been tested

The labor contract may be provided for a test period, in order to verify the conformity of the employee of the commissioned work (Art. 70 of the Labor Code of the Russian Federation).

In the unsatisfactory result of the test, the employer has the right to terminate the employment contract with the employee before the test period, warning it in writing no later than 3 days, indicating the reasons that served as the basis for the recognition of this employee who could not withstand the test (Article 71 of the Labor Code of the Russian Federation) .

The basis, in this case, may not be fulfilled or not appropriate execution by the employee of the employment responsibilities specified in the official instructions or the employment contract.

Official instructions. Basic principles of their work

1. What are the job instructions? What value do they have?

The success and failure of modern organizations in a large extent depends on the human resource involved in the work. Personnel productivity affects the company's total profit. However, to continuously monitor the fulfillment by employees of their official duties, is a difficult task. Special documents can simplify it, including: the rules regulating the internal regulations, the provisions on the structural departments of the Organization, a staffing schedule, and also - official instructions.

Such instructions allow you to delimit the field of activity of each employee and consolidate certain employment responsibilities behind it. The presence of a document preventing the main tasks and powers of the organization's personnel is mandatory, according to the current legislation of the Russian Federation.

By definition of a modern economic dictionary, the job description indicates a circle of instructions and responsibilities, as well as the work that this employee needs to fulfill the company in a particular position in the enterprise.

From this definition it follows that the focus is on the definition of the circle of labor obligations imposed on a certain employee. It is important that it is more likely to describe the functions of this position, and not about the description of the labor obligations of a specific employee.
Main functions: structuring of production, as well as regulation of employees.

2. Objectives (what purpose is the approval of such instructions)

Any management system needs clear instructions and rules, which each employee is obliged. The purpose of the compilation of the job instruction is to show the slave challenge of the required tasks and motivate it to fulfill certain employment duties.

They serve the execution of several tasks. First of all, they encourage the action of a certain employee, indicate the criteria for evaluating his labor, provide the necessary directions to improve the skill level of the employee. In addition, the participation of the employee in the discussion of his job description, allows him to influence the conditions and organization of his work.

The job instruction also provides an opportunity for analyzing and evaluating the work of the employee's labor activity, contains additional information about the level of preparation of candidates for a vacant position. It can also be used as a source of reliable information to improve the structure of the organization, to increase productivity.

3. Who is the job descriptions? What do you need to specify in them?

They are being developed by each leader for its subordinates, but are signed by the managers of structural departments. Sometimes the instruction is a specialist whose work is to develop this kind of documents. All job documents approves personally the first leader of the organization. Meanwhile, the head of the personnel department is responsible for filling the organization.

Important qualities of a clear regulatory document - clarity and brevity. Because the ambiguous document cannot be obeyed. Obviously, they should not be too long - it is hard to read, and the risk of mistaken in understanding the content written.

In the process of writing job descriptions, functions and objectives of the subordinate are formulated. At the same time, it is necessary to adhere to the compliance of official instructions and the actual duties of the employee. The provisions of this kind of documents should determine the specific zones of the subordinate responsibility, and not be only formal obligations. All provisions are equal equal in terms of importance.

General definitions, ambiguities, ambiguities and surfaces of judgment should be avoided in compiling job descriptions. It is necessary to clearly allocate all the main tasks, describe the work techniques in detail, mention all the important procedures and instructions that the employee must adhere to. It is better to use simple, not difficult offers.