3 reasons why employees refuse new responsibilities

Why assign responsibilities to an employee?

A defined circle of responsibilities once and for all is, unfortunately, a utopia. Life and production are complex and multifaceted; they constantly pose new challenges that need to be solved, including changing the responsibilities of employees.

There is only one goal: increasing the efficiency of the enterprise, minimizing costs and increasing income.

The reasons that most often force an employer to reconsider the responsibilities of his subordinates:

• the state has adopted new regulations, and it is necessary to bring the state into compliance with them;
• changes have occurred in the production process (new technologies, processes, equipment, etc. have appeared);
• the organization of work is changing;
• it is necessary to redistribute responsibilities between employees.

Transferred to another position

You have long dreamed of taking up a new position, finally the stars aligned and the boss offered you a transfer. But this was not part of your plans for the near future; for example, you were going to devote time to your family.

What to do if you did not expect such a turn of events? How to delicately refuse a position at work and maintain a good relationship.

ADVICE! Justify your refusal by saying that you are very flattered by the trust, but are afraid of not living up to expectations. Don't be afraid to talk about it openly.

Here's what the psychologist says:

1. Take some time to think about it to find the best arguments.
2. Explain that if you transfer, your current position will become vacant. Finding a replacement and training a newcomer will be very unprofitable for the company.
3. Thank you for your trust. Then tell them that you have analyzed your capabilities, and at the moment you will not be able to fully realize them. At this stage, complex problems in the family must be resolved. Such refusal will not be considered disrespect.
4. It happens that you are not satisfied with the field of activity that you are going to entrust. It is worth openly reporting this to your superiors.

On the rise

Not everyone is destined to hold high positions. Most people feel comfortable in the role of a performer; they do not need to think about any problems and try to resolve them. In this case, it is easier to refuse a promotion.

This should be done very correctly so as not to spoil the relationship with the manager and not harm your career.

1. Say that the offer is quite interesting, but due to family circumstances you cannot accept it. The new position will require more time investment, and you do not want to reduce the time you usually spend with your family.
2. Refer to inappropriate work schedule.
3. Warn about possible conflicts with colleagues if this vacancy is filled by you. Perhaps they were the ones vying for promotion.

ATTENTION! It is absolutely forbidden to say that you are afraid of responsibility or do not have enough experience.

Your task is to create an image of an interested employee who, due to some circumstances, cannot take the proposed position. Who knows, maybe in a year you will feel the strength and desire to move up the career ladder.

In combination

Refusing correctly is a real art. Combining positions is one of the options for additional work that needs to be completed during the working day.

ADVICE! Demonstrate to your boss the principle: “more work - less productivity.” For example, if your boss wants to assign you a new project that needs to be completed under a tight deadline, explain that the quality of the work may decrease.

Agreeing to carry out a risky project can harm your main job, and also reduce your authority in the eyes of colleagues if it is not completed.

Your goal is to tactfully convey to management that you are not going to take on more than the task, but that in an emergency they can count on you.

Documents regulating responsibilities

Logic dictates that these are the ones that will need to be amended when additional responsibilities are assigned.

1. Employment contract. As Part 2 of Article 57 of the Labor Code states, it must indicate the work function of the person being hired - work in one or more specialties within the qualifications.
   Naturally, a range of specific responsibilities is outlined. If this “circle” somehow changes, the employment contract will have to be adjusted. FOR YOUR INFORMATION! No one can oblige an employee to perform work that is not specified in the employment contract. All actions to change the main document are carried out exclusively with the prior consent of the employee 2 months before the planned changes in response to a written notification to management.
2. Job description. The employer can choose the duties it requires from the employee.
   If the legal conditions set out in the employment contract, and most importantly, the work function, do not change, then the manager has the right to change the job description without taking into account the opinions of employees. IMPORTANT! Managers try to secure the goodwill of subordinates when changing their responsibilities, otherwise cooperation is unlikely to be effective and last long.

There are 2 options for creating a list of responsibilities:

• as an annex to the employment contract - then in case of any changes it will be necessary to conclude an additional agreement to the main document;
• as a local regulatory legal act - you can issue a modified version of the job description and ask the employee to endorse it: this will be evidence of his acceptance of new responsibilities.

Should an employee carry out tasks not specified in the job description?

The importance of job descriptions in regulating labor relations can hardly be overestimated. In the event of a controversial situation regarding the failure or improper performance of work duties by an employee, the job description will either justify the employer’s position or help the employee win the dispute. At the same time, by comparing the job description with the work actually performed by the employee, the employer can prove which duties the employee did not fulfill or which business qualities he does not meet. The author of the publication proposed options for action in the event that an employee needs to be assigned work that is not provided for in the job description.

Every day, organizational leaders give many instructions to their subordinates. Since not all instructions fall under the duties and functions of employees, some refuse to carry them out. As a rule, the reason for refusal is the following: it is not provided for in the job description or employment contract. Labor legislation defines various documents regulating labor relations between an employee and an employer. When hiring, an employment contract must be concluded; the employee is obliged to comply with the work schedule, which, incl. determined by the job description (Article 194 of the Labor Code of the Republic of Belarus, hereinafter referred to as the Labor Code).

The employee’s labor function (job responsibilities) must be clearly defined and specified; this is provided for in Art. 19 TK. It is indicated in the employment agreement (contract), job description. In addition, Art. 20 of the Labor Code determines that the employer does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases provided for by legislative acts.

It turns out that the employer cannot require the employee to perform actions that are not stipulated by the employment contract or job description?

Sometimes job descriptions indicate the following: “in case of production necessity”, “by order of management”, “carry out other work not specified in these instructions, necessary for the enterprise” or “carry out one-time assignments”. Are such statements legal?

Let us recall that by labor function the legislator understands work in one or more professions, specialties, positions, indicating qualifications in accordance with the staffing table, functional responsibilities, and job descriptions. The employment contract must contain conditions that do not worsen the employee’s position in comparison with the current legislation of the Republic of Belarus.

So what should an employer do if there is a need to instruct an employee to perform some action that is not specified either in the employment contract or in the job description? There is only one way out: without infringing on the rights of the employee, act according to the law.

Situation 1

The employee must be assigned additional work in another profession (position) or perform the duties of a temporarily absent employee without being released from his main job.

In this case, Art. 67 TK. The combination of professions or positions is understood as the performance by an employee, along with his main job specified in the employment contract, of additional work in another, vacant position in the same organization and at the same working hours. Other cases of performing additional work, in relation to which the same rules apply as when combining professions (positions), include: expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee.

Since combining professions (positions) is an essential condition of work (part two of Article 32 of the Labor Code), the employee must be notified in writing about the combination of professions (positions) (expanding the service area and increasing the volume of work performed, reducing or canceling additional payments) no later than 1 month. It is also necessary to make the necessary changes and additions to local regulatory legal acts and to the employment agreement (contract), if it does not initially contain additional conditions for combining professions (positions). If the employee refuses to continue working with changed essential working conditions, the employment contract is terminated under clause 5 of part two of Art. 35 TK.

IT IS IMPORTANT! Combination of professions (positions) is used if there is a vacant staffing unit (its share) of the corresponding profession (position) in the staffing table. Assigning the duties of a temporarily absent employee does not require the additional introduction of such a unit (its share).

The period during which the employee will perform additional work, its content and volume, as well as the amount of additional payment (except for budgetary organizations) are established in an agreement between the employee and the employer.

Situation 2

Assignment of another job on a part-time basis.

Part-time work is the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract (Article 343 of the Labor Code). In this situation, it will be necessary to conclude a new employment contract with the employee. It is also necessary to have a corresponding vacant position in the staffing table.

For part-time work, the consent of the employer at the place of main work is not required, except in cases provided for by legislative acts. Remuneration for part-time workers is made in proportion to the time worked. When standard tasks are established for part-time workers with time-based wages, payment is made based on the final results for the amount of work actually completed.

Situation 3

Involving an employee in overtime work.

Overtime is considered to be work performed by an employee at the suggestion, order or with the knowledge of the employer in excess of the working hours established for him, provided for by the internal labor regulations or the shift schedule.

Overtime work performed in excess of the established working hours is not recognized:

– on the initiative of the employee himself without a proposal, order or with the knowledge of the employer;

– part-time workers within a full working day (shift);

– part-time workers for the same employer while performing another function, as well as for another employer in excess of the main work hours;

- homeworkers.

So, in this case, a written proposal of the employer and the consent of the employee or a written proposal (initiative) of the employee and the consent of the employer will be required.

We should also not forget about the limitation of overtime work (Article 120 of the Labor Code) and exceptional cases when overtime work is allowed without the consent of the employee (Article 121 of the Labor Code).

Situation 4

Individual instructions of the manager, formalized by order (instruction).

Employees are obliged to comply with written and oral orders (instructions) of the employer that do not contradict the law and local regulations (clause 2 of article 53 of the Labor Code).

For failure to perform or improper performance of their duties, employees bear responsibility under the Labor Code and other legislative acts. For example, the executive committee collects statistics on the state of injuries in the region for 10 years. Instructions were sent to organizations regarding the need to provide such data.

The director of LLC “A” instructed a human resources specialist to collect such data and provide it to him in the form of a written report. The order was formalized by a resolution of the director, made in a letter from the executive committee.

An important rule about job descriptions

When preparing job descriptions, HR specialists must follow one very important rule. The document should establish only the requirements related to the professional skills and qualifications of the employee holding this position. Despite the desire of individual employers, in addition to the direct duties provided for by the position, to “assign” a lot of non-core, additional responsibilities to the employee, such actions are unacceptable and have no legal basis.

In addition, the exercise of the right to conclude an employment contract is directly related to the employee’s right to perform work that corresponds to the labor function defined in the employment contract. The absence of a job description in some cases may prevent the employer from:

– objectively evaluate the employee’s work during the probationary period;

– distribute labor functions among employees;

– transfer the employee to another job;

– justifiably refuse to hire;

– apply disciplinary measures.

And one more thing: the more “one-time” duties an employee is charged with, the greater the likelihood that he will not have time to fulfill his direct job responsibilities.

Additional responsibilities within one position

No regulatory documents other than the recommendations of Rostrud say how to draw up job descriptions, so their preparation is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:

• significantly simplifies the organization of work;
• resolves possible disagreements regarding the work being performed;
• delineates responsibility;
• eliminates duplication of similar functions;
• is compiled not subjectively “for the employee”, but “for the position”, no matter who occupies it.

REFERENCE! When determining the responsibilities of a particular position, the Unified Tariff and Qualification Directory of Works and Professions is taken as a basis. Many of its provisions are outdated, and employers often need new positions that are not reflected in it. In such cases, local executive authorities may adopt regulations on the requirements for a particular position.

Managers can determine the content of the job description themselves, therefore, within the same position, they can add additional responsibilities to it, if such are:

• fit into the qualification characteristics;
• due to technical reorganization of the enterprise;
• caused by changes in working conditions.

IMPORTANT INFORMATION! If the reason for the changes is changes in technical and/or organizational working conditions, the employee must learn about this 2 months in advance (Part 2, Article 74 of the Labor Code). The employee’s consent is not required, but it is his right to be informed in a timely manner.

In all other cases, it is necessary to draw up an additional agreement to the employment contract, providing for the mandatory consent of the employee.

Assignment of additional duties without the employee’s consent

It is impossible to assign additional responsibilities to a person without his written consent and additional payment (Article 60.2, Article 151 of the Labor Code of the Russian Federation).

A person can refuse additional duties ahead of schedule by notifying the manager three days in advance in writing. The employer can do the same.

The assignment of additional duties to an employee occurs with his consent. It must be in writing. The type of additional work and its duration is determined by the employer with the written consent of the employee. Payment is established by agreement of the parties.

Two ways to assign responsibilities to additional positions

There are various reasons when an employer or employee may need to change the terms of reference. For example, a position is being reduced, and another competent employee agrees to take on a new activity for additional pay. Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can receive calls while in the office).

The Labor Code of the Russian Federation sets out 2 options according to which an employee can be assigned new responsibilities: internal part-time work and combination work . When choosing the first or second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours.

The characteristics and differences of these two methods are shown in the table.

It is up to the employer to decide which method is preferable in a particular situation.

Give reasons

Don't be afraid to ask your colleagues for help. Take a closer look at how they learned to moderate their boss’s appetites. Let them tell you how they managed to put the boss in his place.

If your boss comes to you with an order to overwork, choose the right arguments in response. This evidence must be clear and obvious. The manager needs to realize that if you take on additional responsibility, the entire department and even the company will suffer. Say that you already have work that you want to do efficiently and on time. As you take on new responsibilities, quality will give way to quantity. Ask him: “Which task is your priority: the one I did before, or the one you are offering me now?” Once you know your priorities, you can focus entirely on completing one of them.

Step-by-step plan for assigning additional responsibilities

1. Notify the employee in writing 2 months in advance of changes in working conditions.
2. Issue a decree (order) on part-time work, internal part-time work, or an order on the assignment of additional responsibilities.
3. Draw up an additional agreement to the employment contract or conclude an additional contract.
4. Republish the job description and familiarize the employee with its new edition for signature.

Expanding service areas and increasing the scope of work (Article 60.2 of the Labor Code of the Russian Federation)

In the case of expanding the service area and increasing the volume of work, the employee performs work in the same profession or position, which is stipulated by the employment contract, but to a greater extent compared to what he performed in accordance with the employment contract.

Appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated August 28, 2012 in case No. 11-19041

...The expansion of the service area, the increase in the volume of work should be understood as the performance by the employee, on behalf of the employer, during his main working hours of additional work characteristic of the labor function specified in his employment contract...

Fulfilling the duties of a temporarily absent employee (Article 60.2 of the Labor Code of the Russian Federation) is the performance of additional work, both in a different and in the same profession (position), if such work is performed by another employee under an employment contract.

The period during which an employee performs the functions of an absent employee is limited to the period of absence of such employee from work, including, for example:

• in case of temporary disability of the employee;
• if an employee goes on vacation;
• until the vacant position is filled, etc.

If the employee is against

The introduction of new duties into the job description, if they are within the scope of qualifications, does not require the consent of the employee, so disagreements are often possible on this point, especially since wages in such cases are usually not revised. What should an employer do if, in response to his notice of an upcoming change in working conditions, an employee expresses disagreement with working under the new rules?

The employer must offer the person who disagrees in writing another position in accordance with his qualifications, even if it is of a lower rank or less paid, if it is vacant. If there are no such positions or disagreement follows again, the employee has the right to dismiss (clause 7, part 1, article 77 of the Labor Code).

Another option is when the terms of the employment contract are changed unilaterally. According to Part 1 of Article 72 of the Labor Code of the Russian Federation, this can be equated to a transition to a new job, for which the written consent of the employee is required. If the employer insists under threat of dismissal, the subordinate can take the following measures:

• ask in writing for an increase in pay for the new duties assigned;
• if it was not possible to reach an agreement, contact the labor inspectorate or the trade union (you must attach a copy of the main documents and the order imposing new duties);
• In case of illegal dismissal, the court will protect his rights.

So, to impose additional responsibilities, it is better to obtain the consent of the employee, notify him in time and draw up the necessary documents, making changes to the employment contract or job description, and, if necessary, concluding an additional agreement.

Position of the Constitutional Court of the Russian Federation

The Constitutional Court recalled that in accordance with the norms of the Labor Code of the Russian Federation, an employee is obliged to perform only the work that he agreed on with the employer when concluding an employment contract. These conditions can be changed only by agreement of the parties to the employment contract. Labor law does not allow an employee to be assigned additional work in a different or the same profession without his consent.

The resolution of the Constitutional Court of the Russian Federation states that Article 370 of the Labor Code of the Russian Federation secures the right of trade unions to control the implementation of labor legislation. For these purposes, legal and technical labor inspectorates are created. Each of these inspections has its own independent area of ​​responsibility, therefore the labor functions of legal and technical inspectors cannot be considered identical. And although in parts 5 and 6 of Article 370 of the Labor Code of the Russian Federation the powers of labor and technical inspectors are similar, this is due to their general legal status, which allows them to fully interact with employers. But these norms cannot be used to regulate labor relations between employer and employee. After all, the Labor Code of the Russian Federation does not stipulate the duties of trade union inspectors, but only establishes their rights to exercise control over the activities of other employers.

Therefore, the Constitutional Court of the Russian Federation came to the conclusion that, on the basis of the contested norms of the Labor Code of the Russian Federation, the functions of a technical inspector cannot be arbitrarily included in the job responsibilities of a legal labor inspector. Consequently, dismissal of an employee in case of refusal to perform these duties is illegal. As the judges of the Constitutional Court of the Russian Federation emphasized, any other interpretation of these norms limits the rights of everyone to choose a profession, equality of labor rights, as well as the balance of rights and legitimate interests of the parties to an employment contract.