The procedure for familiarizing an employee with his job description

The essence and role of the job description

Job descriptions of employees are not included in the package of mandatory local documents of the enterprise.

However, very often in employment contracts you can find the wording “according to the job description,” which means that most organizations still prefer to develop these documents. A job description is convenient: there is no need to list the employee’s functionality (often quite voluminous) directly in the employment contract; it is enough to make a reference to a separate instruction, which is a kind of annex to it.

The job description is drawn up and approved very simply: a set of functions, rights, powers and working conditions is formed for each specific position.

Usually a legal adviser, the head of a structural unit and a human resources specialist work on the document - this connection allows you to take into account all the nuances of the internal production process and the subtleties of the law.

After the job description is written, it is submitted for signature to the director of the company, who then puts it into effect by a separate order.

Each employee must familiarize himself with the job description that concerns him personally against signature.

Document Definition

A job description is a document that has legal significance.

It reflects:

• rights;
• obligations;
• employee working conditions.

Based on the instructions, employees receive a list of tasks and tasks that must be carried out without question.

The Labor Code of the Russian Federation does not contain information that the job description must be communicated to the employee without fail. But institutions often require drawing up a document. Municipal and civil servants should rely on job descriptions as an official set of rules.

Often a job description is identified with an employment agreement. However, the documents have one significant difference. The instructions are created for a specific position, regardless of which person occupies it. An employment contract is drawn up with a specific person. The employee’s personal data is entered into it.

A job description is very important for regulating work activities. With its help, you can eliminate the likelihood of conflicts and disagreements between the parties. After all, it spells out in detail all the requirements and rules for the employee that are subject to mandatory compliance.

Why do you need an employee signature?

An employee of an enterprise must not only read the job description and understand its main points, but also put his signature on a special document: a sheet of familiarization with the job description.

His autograph will indicate that he agrees with the information presented and is ready to fulfill his work duties to the extent that they are stated in the document.

Thus, the role of the sheet is quite clear: it not only records the fact of reading the instructions, but also, in the event of any controversial and conflict situations between the employer and the subordinate, it can become evidence in the labor inspectorate or court, both from one and the other. and on the other hand.

https://youtu.be/bTF_r_dbSYU

Structure

The procedure for drawing up a job description is not regulated by law. But most often, employers retain the generally accepted structure of the document.

The job description should include several sections:

• general provisions;
• rights;
• responsibilities;
• responsibility.

The first section describes the main points of the person’s work activity.

Among them are:

• position held;
• qualification requirements;
• required level of education and work experience;
• subjection of a person;
• procedure for appointment to a position;
• rules for removal from office;
• who is subordinate;
• procedure for replacing an employee;
• normative documents for guidance in daily activities.

At the request of the employer, it is possible to include other items in this list. The main thing is that they reflect the nature of the work in the position held.

The following section is provided to indicate the rights of the employee. They must be provided in accordance with the position held by him. It is important to specify the employee’s relationships with other persons working in this unit and other departments.

The “Job Responsibilities” section is also intertwined with the previous one. It reflects in detail (not like an employment contract) the person’s obligations in the course of work in his position.

The “Responsibility” section prescribes measures that can be taken against an employee for non-compliance with the requirements:

• job description;
• labor legislation.

The standards must comply with the legislative framework. Otherwise, they will not have legal force.

Is it possible to fire an employee for refusing to sign a job description?

In modern Russian practice, there have been situations when, when entering job descriptions at an enterprise, some employees refused to sign them, which is why they simply quit on the initiative of management. The employer referred to the legislation of the Russian Federation.

In particular, one of the norms of the Labor Code states that he has the right to dismiss an employee due to his refusal to work “in connection with a change in the terms of the employment contract determined by the parties.” During court proceedings, it turned out that refusal to sign a job description does not fall under this article .

Thus, no one has the right to dismiss for this, and even if such a precedent occurs, the court will reinstate the employee to his position without unnecessary delay.

General provisions

1.1. These internal labor regulations (hereinafter referred to as the Rules) are a local regulatory act that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, work hours, rest periods, applicable incentive and penalty measures for employees, as well as other issues of regulating relationships in the Treasure Island RC (hereinafter referred to as the Employer).

1.2. The rules are designed to help strengthen labor discipline, rational use of working time, and improve labor organization.

1.3. Employee is an individual who has entered into an employment relationship with the Employer.

How to make a sheet

Since 2013, almost all unified forms of primary personnel and accounting documents have been abolished, so the sheet is compiled in any form or according to the organization’s internal template. The only thing you need to take into account: when creating the form, you must follow a certain structure of the document and the rules of the Russian language.

The “header” of the sheet should indicate the name of the enterprise and the essence of the document. Next, it is convenient to make a table in which you need to enter the following data:

• employee serial number;
• his position;
• date and number of the employment order;
• date and signature confirming familiarization with the job description.

If necessary, you can add other columns here.

If there are many employees in the organization, then several sheets may be required. All of them need to be fastened together (you can use a stapler, but better with a strong thread) and numbered.

It should be noted that the sheet can be compiled for a specific job description (for example, if several people work in the same specialty) or for a group of employees (for example, if the enterprise is small and all employees have different specialties).

Order of approval

Many companies do not create job descriptions for employees. But the document is important to ensure effective interaction between employer and employee.

The instructions reflect the rights, obligations, as well as the liability that the employee will incur if the standards are not followed. If an employee signs a familiarization sheet or puts his signature in a journal, he automatically agrees with all the requirements reflected in the document.

In order for job descriptions to have legal force, a corresponding order is required. If confirmation by official paper is not made, then they will not be recognized as legitimate. Therefore, the Labor Inspectorate and the court can recognize the employee as right, and hold the employer accountable.

Problems often arise when an employee is dismissed due to violations of obligations according to the job description. If it is not supported by an order, the employee can be reinstated through the judicial authorities.

The form of the order confirming the creation of job descriptions in the institution is not defined at the legislative level.

But personnel officers often use a sample that reflects three main blocks:

1. The name of the document is required.
2. Next, the need to prepare the paper is formulated.
3. The third block contains the resolution.

The act is signed by the management of the institution.

• adjustment;
• accounting;
• development;
• making changes to job descriptions.

The operative part includes a list of positions for which job descriptions have been developed. The date when the instructions were approved is required. In this case, the order must be issued on the same date.

The order form can be downloaded on the Internet.

Limited Liability Company

Moscow

ORDER No. 48-p

dated September 26, 2016

on approval of job descriptions

In connection with the development of job descriptions and the need to give them the status of a regulatory legal act for new positions at Mayak LLC

I ORDER:

1. Approval of job descriptions as legal acts developed for the following categories of positions:

• senior manager;
• sales specialist;
• system administrator;
• web designer.

1. Head of Human Resources Krivokrysenko L.I. within five days after signing the order, print and submit job descriptions for my approval.
2. Head of Human Resources Krivokrysenko L.I. within two days after approval of the instructions, familiarize yourself with the documents of senior manager E.S. Kornienko, sales specialist K.S. Muzykin, system administrator A.M. Stukalov, web designer A.S. Antonov. upon signature in the logbook, familiarization with job descriptions.

General Director ___________________ Andreev V.Ya.

___________________ Krivokrysenko L.I. has read the order.

The employer may not approve job descriptions. This is due to the fact that there are no obligations in the Labor Code of the Russian Federation. But when introducing instructions into the document flow, it is important to secure their use legally with the help of an order.

How to design a sheet

The document is usually drawn up in a single copy , on an ordinary A4 sheet or on company letterhead. You can fill it out by hand or in printed form, the main thing is that the autographs in it are “live” and authentic.

There is no strict need to certify the form using a stamp, because since 2020, enterprises and organizations are exempt from the obligation to endorse their documentation using stamps (unless this norm is enshrined in the internal local acts of the company).

After creation, the sheet must be endorsed in the internal documents journal.

Procedure for making changes

The employee's work responsibilities may be adjusted. This is possible if the changes affected organizational and technological working conditions. Therefore, new data must be included in the developed job descriptions.

The law does not provide for the procedure for drawing up instructions as normative acts. Therefore, when making changes, the employer should be guided by Letter of Rostrud dated October 31, 2007 No. 4412-6.

It reflects the main important points:

• When creating instructions as an annex to an employment contract, you must prepare. According to it, the changes apply to both the employment contract and job descriptions.
• If job descriptions are approved as a separate document, the changes will not affect the employment contract. Then a new edition of the instructions is published with the employee familiarizing himself with it in writing. The document is drawn up in two copies and one of them is handed over to the employee.
• If changes concern the terms of the employment contract, the employee must be notified of this in a timely manner. After receiving consent to continue relations with the employer, adjustments may be made to the job description.

Newly hired employees are familiarized with the job description. The employer is given a certain period of time to provide the document for reading. It is legally established that an employee must study the instructions no later than the time when the employment contract is signed.

If the employee is already working in the organization, then he must agree to the establishment of his obligations. Permission is also required when adjusting work functions. This norm is reflected in Article 72 of the Labor Code of the Russian Federation, according to which changes to an employment contract are possible only by agreement of the parties.

Adjustments to job descriptions also have their own peculiarities. The employer can create a new document, leaving the working conditions the same.

If changing the instructions does not entail an adjustment to the employee’s labor obligations, then the employer can do this unilaterally.

What does the Labor Code say?

The procedure and frequency of familiarization of employees with job descriptions are not prescribed at the legislative level. In practice, HR department employees are guided by two provisions.

In paragraph 10 of part 2 of Article 22 of the Labor Code of the Russian Federation it is noted that the employer is obliged, against signature, to familiarize employees with the local regulations of the institution that relate to the person’s labor obligations. Among such documents are job descriptions.

Also in accordance with part. 3 of Article 68 of the Labor Code of the Russian Federation, new employees must study the documents that regulate their labor activities before signing an employment contract.

There are no deadlines for review. At the same time, the Labor Code of the Russian Federation notes that this must be done before the employment contract is signed.

Is it necessary?

When employed, each employee must be familiar not only with the main local regulations of the company, but also with the direct responsibilities specified in the job description.

At the same time, it is possible to confirm the fact of familiarization with the DI only in writing, especially if the agreed document, in accordance with the rules, was issued for a position, and not in relation to a specific employee.

After all, the magazine contains generalized information about all the company’s instructions, and the information sheet contains information only in the context of one document, which only a few workers work with in turn during their next employment.

This is interesting: What does a sample staffing table look like?

How to write a notification to an employee about changes to the job description? Find out here.

Rules of law

Job descriptions are used in many companies due to the fact that the employment contract contains only a brief description of the job function, but does not set out a full list of responsibilities, as well as a number of other aspects, such as powers, qualification requirements and the procedure for interaction with other services.

Wherein. the procedure for the formation, familiarization and use of a cooperation agreement is regulated by law, and the job description is not even mentioned in the Labor Code of the Russian Federation.

That is why, in connection with numerous issues, Rostrud of the Russian Federation has developed several letters of recommendation, in particular:

• No. 3042-6-0, which states that the DI can be either an independent document or an annex to the employment agreement with all the ensuing obligations;
• No. 4412-6, which provides the procedure for making changes to existing instructions, taking into account the provisions of the law.

• a qualification directory corresponding to the industry in which the enterprise operates;
• Resolution of the State Standard of the Russian Federation dated 03.03.2003 N 65-st, approving GOST unified documentation.

Also, the mentioned norm states that after being hired, an employee must be familiarized with the DI only in writing, but the method of familiarization is chosen by the employer based on the norms of local acts, as well as the company’s personnel policy.

Thus, an employee can obtain information about the future range of responsibilities and sign to confirm familiarization with the DI in the following ways:

• by putting a signature on the instructions itself, which happens quite rarely and only if the DI is personal;
• through a journal that contains basic information about the instructions itself, as well as data about each employee occupying the same position, and accordingly performing duties in accordance with a specific instruction;
• a familiarization sheet, which also contains information about all workers who have read the instructions.