The job description is on the listlocal acts of the enterprise. The head of this document has the right to adopt this document. In some cases, there is a need to adjust the job description of the employee. The procedure for making changes to this document will be discussed in the article.
When drawing up a contract, the parties stipulatelabor function of the employee. Its content is the specific duties for the position, the list of which corresponds to the staffing schedule. As a rule, they are fixed in the job description. This document is an annex to the contract.
Making changes to the job description is carried out by agreement of the parties, ifadjustments affect the content of the labor function. The legislation provides for individual exceptions to this requirement (Article 72.2, 73 TC), however, they refer to specific situations for which the general rules do not apply.
When making changes to the job description withthe employee must be signed a separate written agreement. Otherwise, the new edition of the local document can not be applied. This rule extends to the situation where revision of the instruction entails changing other contract terms that are not related to the labor function.
Labor legislation does not requirethe employer of obligatory job descriptions for employees. Nevertheless, these documents are developed at all enterprises. Their presence helps to prevent possible disputable issues.
Conflicts, for example, may arise aboutspecific work that the employee must perform. The reason for such disputes is the ambiguity of the designation of duties. Often, such conflicts end with termination of the contract. However, employees in such situations are suing and successfully challenging the actions of the employer. It is possible to prevent such consequences by correctly writing a job description.
При разработке документа необходимо принимать во attention to the information of the Unified Qualification Reference Book for Positions and Professions. However, the list of functional (official) duties does not necessarily bring in full compliance with it. Each employer draws up instructions for the staff, taking into account the specifics of the enterprise.
The Labor Code is not clear job order changes. Therefore, the company can develop its own rules. But they should not, however, contradict the principles of labor legislation. Established rules changes in job descriptions are fixed in a local document.
When adjusting instructions should be considered:
If the instruction is issued as an attachment tocontract, it acts as an integral part of it. Accordingly, any adjustments are accompanied by a change in the terms of the contract. In this case, the nature of the changes will not matter. If this rule is not observed, the employee may refuse to perform new duties.
If the instruction is a separate document,the adjustments do not concern the essential terms of the contract; it must be assumed that the actual labor functions of the employee remain the same. Accordingly, the employer is entitled to specify certain obligations without taking into account the opinion of the employee himself.
Making changes to the job description performed as follows:
This order is valid ifthe instruction is an annex to the contract, and the adjustments do not concern changes in the material terms of the contract. For example, an employee may be entrusted with the performance of duties stipulated in the characteristics of other posts. At the same time, they do not require special skills, knowledge or other qualifications. In this case,change of job description will not affect the labor function. Employee consent in such situations is not required.
In such a situation it is necessary:
The order of the head of the enterprise ismandatory administrative document. Its compilation is necessary in all cases affecting the activities of the organization. This document must comply with the requirements stipulated in the labor law for local acts.
Sample order on changes in the job description contains the following information:
In such situations, the employer draws up an act in which witnesses (at least two) from among the employees of the enterprise sign.
Часто на практике руководитель направляет новую Editing instructions to the employee by mail. Departure is issued in the form of a registered letter with an inventory and notification. In this case, the employee will be deemed to be familiar with the instruction in the new edition.
It must be said that the fact of employee failurecan not be regarded as a disciplinary offense. Grounds for accountability will arise from the employer in the event that the employee subsequently evades from the performance of his duties in accordance with the adopted document. Disagreement of an employee with any clauses of the instruction is not considered a ground for its cancellation.
What changes can be considered affecting the labor function? Its description must comply with the provisions of Article 15 of the Labor Code. The description indicates:
It should be noted that the lack of reference to a position in the staff list cannot be considered an obstacle to the recognition of legal relations as labor relations.
Set a different job function or substantiallyYou can change the old one with the consent of the employee. In fact, such actions are considered as transferring an employee to another job. Without the consent of the person, it is possible to change the function only temporarily and in cases specified by the LC.
Корректировка обязанностей в рамках трудовой activities for a particular position change the job function only if they actually lead to the implementation of activities for another position
According to the provisions of articles 56, 57 of the Labor Code, the subject of the contract is:
Due to the fact that the content of the instruction is not regulated by law, it may contain information relating to the subject matter of the contract. Changing the terms of the contract, in turn, is made:
It should be said that the rules of developmentinstructions or its revision, approval, approval of the order on the introduction of changes to bring to the attention of the employee is optional. The fact is that these acts and processes do not affect the labor rights of a citizen and are not included in the list of information to be provided in accordance with paragraph 1 of article 62 of the Labor Code. The content of the instruction is the subject of information in the necessary situations.
Grounds for amending job descriptions can serve as the adjustment of technological or organizational conditions of production activities. In such situations, it becomes necessary to adjust the scope of duties of employees.
When changing technological or organizationalconditions of production activities staff notification of the revision of instructions is mandatory. This requirement applies regardless of whether it is a separate document or an annex to the contract. Accordingly, the revision of the instructions can be made only after obtaining consent from the employee. For evasion of the execution of this prescription to the employer can be applied sanctions.
If the employee does not agree to the new conditions,the employer is obliged to offer him a vacant position on his qualifications. If in this case the employee does not wish to continue working, the contract may be terminated.
