Why you need to determine the procedure for changing job titles in the staffing table: what could be the consequences of wrong steps
Making changes to job titles in the staffing table: options
How to change or introduce a new position into the staffing table: what documents to draw up, whether the position code or abbreviations should be indicated
What to do if the name of the position occupied by an employee or structural unit changes
The employee's job function changes
Making changes to job titles in the staffing table: options
Cases when it may be necessary to change the name of a position in the staffing table may be different:
- correction of a technical error or inconsistency of the name specified in the employment contract;
- changing the job title without changing the content of the work;
- change by decision of management in connection with substantive and (or) organizational changes in the department, etc.
Correct execution of adjustments is determined by the legal qualification of the content of the change in terms of the impact on legal relations with employees. In this regard, the procedure will depend on which of 4 situations occurs:
- Lack of legal significance for existing labor relations (position is vacant).
- Changing the terms of an employment contract without changing the labor function.
- Moving.
- Translation.
Changing the staffing table is within the authority of the employer (letter of Rostrud dated March 22, 2012 No. 428-6-1) and in this capacity - in its pure form - will be implemented in the first version. In 3 others, it is associated with the issuance of orders for personnel (more about the concept in the article Orders for personnel - what are these orders?) and the preparation of relevant documents.
Let's look at the order of change, and then the options for action in each situation.
Order to change the position of an employee (sample)
The unified form of the document has not been approved - the employer draws up the document independently. The “header” of the order indicates the name of the organization, the date of execution of the document and the serial number.
An order to rename a position in the staffing table must contain a justification for the renaming. The order should include the following information:
- Date of changes to the staffing table;
- Change of position: indicate the previous name of the position and the name to which you want to change it;
- An indication that an additional agreement on changing the position will be concluded to the employee’s employment contract;
- An indication that changes will be made to the work book, personal card and other personnel documents (if necessary).
The order to rename a position contains a column for the employee to sign, confirming that he has read the order. The order must be signed by the head of the organization or his authorized person.
When the order to change the name of the employee’s position is issued and the employee is familiar with the order, it is necessary to conclude an additional agreement with him. A sample additional agreement on changing a position; it must contain the new name of the position, details of the order for changes and the employment contract, and the start date of the changes.
Order to rename a position in the staffing table: sample
What to do if the name of the position occupied by an employee or structural unit changes
Let's consider options not related to changing the content of the employee's duties:
- Only the name changes, the responsibilities remain the same:
- in addition to changing the staffing table, an additional agreement is concluded to the employment contract (Article 72 of the Labor Code of the Russian Federation), a unilateral change is possible in accordance with clause 1 of Art. 74 of the Labor Code of the Russian Federation with written notice to the employee at least 2 months in advance;
- an entry is made in the employee’s work book in accordance with clause 3.1 of the instructions for filling..., approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69: “The position of “senior accountant” was renamed “chief accountant”,” with reference to the amending order.
- The structural unit changes, the following moves occur:
- in addition to changing the staffing table, a relocation order is issued, with which the employee must be familiarized;
- if the name of the unit was indicated in the employment contract, an additional agreement to it is concluded (Article 72.1 of the Labor Code of the Russian Federation).
In these situations, the presence of organizational changes is confirmed by the exclusion of previous names from the structure of the organization. The preservation of the function is confirmed by comparing the texts of job descriptions.
https://youtu.be/5-1SgXz-4aU
The employee's job function changes
In a situation where not only the title of the position, but also the responsibilities for it are subject to change, the following applies:
- a position with a different name is introduced into the staffing table (the old one is temporarily retained), a new job description is issued;
- an additional agreement is concluded to the employment contract on transfer to a new position (Article 72.1 of the Labor Code of the Russian Federation), a corresponding entry is made in the work book;
- the previous position is excluded from the staffing table.
You cannot exclude a previous position from the staffing list while it is occupied. When a job function (job responsibilities) changes, only a transfer can be applied. The previous position is being reduced, therefore, if the employee does not agree with the transfer, it is necessary to file a dismissal due to staff reduction (appeal ruling of the Novgorod Regional Court dated 06/07/2017 in case No. 2-99-33-1115).
So, a change in position is formalized differently depending on the situation:
- when brought into compliance with the employment contract - by issuing a new version of the staffing table, which does not need to be familiarized to the employee;
- when changing the name - by adjusting the terms of the employment contract under Art. 74 Labor Code of the Russian Federation;
- when changing a structural unit - by moving;
- and in the event of a change in job function - in the form of a transfer to a new position with a reduction in the previous one.
Procedure for renaming a position
Question
The procedure for the HR department when renaming a position without changing the job function.
Answer
Mandatory conditions of an employment contract include the name of the employee’s position (Article 57 of the Labor Code of the Russian Federation). In this case, the position must be provided for in the organization’s staffing table. Renaming a position is possible when nothing changes for an employee performing certain duties that would entail a change in his job function.
The employee must be notified in writing of the renaming of the position no later than two months in advance.
An order is issued to rename the position. As in any other case, the order to rename a position must contain a justification (for example, “In order to bring the names of positions in accordance with the Qualification Directory of Positions of Managers, Specialists and Other Employees”) and an administrative part in which the previous and new names must be indicated positions. It is important that in this case we are talking specifically about renaming, and not about changing the content of the labor function.
In case of renaming a position, in addition to making changes to the staffing table by issuing an order, it is necessary to obtain the written consent of the employee. If the employee does not agree, the employer should act in the manner provided for in Art. 74 Labor Code of the Russian Federation.
Article 74 of the Labor Code of the Russian Federation provides that for reasons related to changes in organizational or technological conditions, at the initiative of the employer, it is allowed to change the terms of the employment contract with the employee in compliance with the mandatory requirement: as a result of such changes, the employee’s labor function must remain unchanged.
The order to rename the employee’s position must be familiarized with signature and an additional agreement must be concluded with him. After this, you can make appropriate adjustments to your personal card (unified form N T-2) and work book.
Thus, the employer’s procedure will be as follows:
- Notify employees in writing about upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months before the upcoming changes
- If the employee refuses to work under the new conditions, offer him in writing another job available to the employer (a vacant position or a job corresponding to the employee’s qualifications, a vacant lower position or a lower paid job), which he can perform taking into account his state of health.
- If you refuse the offered work or the absence of the specified work, terminate the employment contract with the employee on the basis provided for in paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation and pay the employee upon dismissal a severance pay in the amount of two weeks’ average earnings (Article 178 of the Labor Code of the Russian Federation).
If the employee has agreed, you make adjustments to the personal card, work book and staffing table; to do this, you must issue an order to amend the staffing table signed by the manager or other authorized person.
Applications
- Guide to HR issues_ How to make significant changes (24 kB)
- Article Correcting errors in work books (Komissarova T_ (14 kB)
- Labor Code of the Russian Federation dated 30_12_2001 N 197-F (17 kB)
- Form Personal card_ Renaming of position_ Unified (36 kB)
- Form Order to amend the staffing table in St. (28 kB)
- Form Order to rename a position (Prepared for si (26 kB)
- Form Work book_ Renaming a position (sample for (30 kB)
- Form Notification of employee about change of duty name (29 kB)
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