Job description appendix to employment contract sample


If the job description is an annex to the employment contract

Since our portal readers receive various questions related to labor relations, including the range of job duties performed, we will try to answer the most pressing questions. 1. Can an employer unilaterally change the job responsibilities of employees and make changes to the job description?

Labor legislation establishes that any change in the terms of an employment contract must be made by agreement of the parties (Article 72 of the Labor Code of the Russian Federation).

The ability for an employer to make changes to an employee’s job responsibilities unilaterally is reflected in the order of the Ministry of Health and Social Development of the Russian Federation dated August 26, 2010 No. 761n “On approval of a unified qualification directory of positions for managers, specialists and employees, section “Qualification characteristics of positions for education workers.”

Section I “General Provisions” in paragraphs 5, 6 and 7 states: - when developing job descriptions, it is allowed to clarify the list of works that are characteristic of the corresponding position in specific organizational and pedagogical conditions (for example, a vacation period that does not coincide with the vacation of employees, cancellation for students, pupils of educational classes, changes in the regime of the educational process for sanitary-epidemiological, climatic and other reasons, etc.

The procedure for familiarizing an employee with his job description

The job description is an official document and must comply with the requirements of GOST R 6.30–2003 “State Standard of the Russian Federation. Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements."

The contested job description cannot be recognized as valid for the following reasons: it lacks certification with the employer’s seal, the instruction is not numbered or laced, there is no seal of the HR department and the signature of the person in charge who numbered and laced it, there is no registration number necessary for accounting, there is no approval with the head of the personnel department, the second copy of the job description was not handed over to the employee against signature, the plaintiff’s handwritten signature in reading the said instructions is missing.

Who forms the additional agreements

Typically, the responsibility for drawing up additional agreements to employment contracts lies either with the organization’s legal adviser or with a specialist/head of the human resources department. In any case, this must be an employee who has an idea of ​​how to draw up documents of this kind and is well acquainted with the civil and labor legislation of the Russian Federation.

After writing, the additional agreement must be signed by the head of the company - without his autograph it will not receive the status of a legally valid document.

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The instructions define the general type of activity of the hired employee. When a specialist is hired for a new position, and job powers and responsibilities are approved after signing an employment contract, the responsible person can familiarize the employee within the next 3 days from the date of conclusion of the employment agreement.

In the journal to be filled out, where records of familiarization with such acts are kept, responsible persons must indicate on paper the full details of the regulatory document. The Labor Code does not indicate the status of the job description and, if the employment contract acts as an official document, then the normative act is tied to the management of a particular organization or its substructures.

The essence of the additional agreement

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If an employment contract has the nature of a basic document and establishes the fact of labor relations between an employee of an enterprise and his employer, their period, conditions, features and other parameters, then an additional agreement is an attached document.

This is important to know: Additional agreement to the employment contract: sample 2020

Usually additional the agreement certifies the fact that agreement has been reached between the employee and the employer on only one or two amended clauses of the main agreement, completely canceling their previous version and introducing a new one.

Once the agreement is signed, as stated above, it is considered part of the contract. It must be said that several additional agreements can be made to one employment contract.

THE EXPERT MAKES A PERIOD

To resolve the dispute between our forum members, we first need to find an answer to the question: what are documents such as an employment contract and job description?

Let's look to the law for the answer. According to the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor standards rights, collective agreement, agreements, local regulations and this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code RF).

Where is the additional agreement, conditions and period of its storage recorded?

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

A properly formed and endorsed additional agreement must be recorded in the journal of employment contracts and additional agreements to them.

After the document goes through all stages of registration, it is transferred for storage to the personnel department of the enterprise, where the entire period of the employee’s work in the organization lies in a separate folder, along with the main employment contract.

After the dismissal of an employee, it can be transferred to the archive of the enterprise, where it must be kept for the period established for such documents by local regulations of the company or the legislation of the Russian Federation.

Our information

In accordance with the All-Russian Classifier of Management Documentation (approved by Decree of the State Standard of Russia dated December 30, 1993 No. 299), job descriptions are classified as a group of documents for organizational and normative regulation of the activities of an organization or enterprise.

For us, the key word in this definition is “agreement,” i.e., a document that records the agreement reached between the two parties to the contract - the employee and the employer. The conditions agreed upon by the parties and reflected in this document apply only to the parties to the contract, i.e. a specific employee and a specific employer.

As for the job description, you will not find a definition of this concept in the Labor Code of the Russian Federation. In the theory of law, a job description is usually understood as a local regulatory act that establishes the rights, duties and responsibilities of an employee for a certain position in the structure of the organization as a whole or its structural unit.

That is, a job description is a local regulatory act: a document containing labor law norms, which is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, and agreements (Article 8 of the Labor Code of the Russian Federation). The main features of a local regulatory act are that it is adopted, firstly, by the employer unilaterally, and secondly, it applies to all or a certain number of employees of a given employer (Article 13 of the Labor Code of the Russian Federation).

Comparative characteristics of the employment contract and local regulations

It turns out that the employment contract and job description refer to different types of documents. Now is the time to return to our question: can a job description, i.e., a local regulatory act, be an annex to an agreement? The law does not give us an answer to this question. Although no, indirectly such an answer can be found in the norms of the Labor Code of the Russian Federation.

The fact that a job description can be either an appendix to an employment contract or approved as an independent document is stated in letters of Rostrud dated October 31, 2007 No. 4412-6 and dated November 30, 2009 No. 3520-6-1. Some courts hold a similar opinion.

However, this position is subject to serious criticism by experts in the field of labor law. And there are several reasons for this.

Rules and procedure for drawing up job descriptions in preschool educational institutions

Job descriptions regulating the labor functions of full-time positions in a preschool educational institution are an important document that is necessary for both the employer and the employee, since it establishes qualification requirements and lists the responsibilities and rights of the person holding this position.

According to the letter of Rostrud dated October 31, 2007 N 4412-6 “On the procedure for making changes to job descriptions of employees,” a job description can be an annex to an employment contract, and can also be approved as an independent document .

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

If the job description was approved as a separate document and changes to it do not entail the need to change the mandatory terms of the employment contract, it is most convenient to approve the job description in the new edition by familiarizing the employee with it in writing. The job description, as a rule, is drawn up in two copies, one of which, at the request of the employee, can be given to him.

The procedure for drawing up a job description is not regulated by law; the employer can independently develop a document regulating this procedure. The rules for drawing up a job description can be presented in the form of guidelines or methodological recommendations. The creation of job descriptions, as well as the creation of other organizational and administrative documents, can be based on GOST R 7.0.97-2016, which establishes recommendations for the composition and execution of document details.

An approval stamp is affixed to a document if it is approved by an official, an administrative document (resolution, decision, order, order) or a decision of a collegial body.

The approval stamp is placed in the upper right corner of the first sheet of the document. Prop lines are left aligned or centered relative to the longest line.

When a document is approved by an official, the approval stamp consists of the word APPROVED, the title of the position of the person approving the document, his signature, initials, surname and date of approval.

IMPORTANT! The name of the position must have the same name in the work book, and in the employment contract, and in the order for employment, and in the job description. Otherwise, the instructions make no sense and will not be used as evidence in court.

Job description as an annex to the employment contract

The job description is drawn up as a separate document (indicating the list of job responsibilities, issues of subordination, interaction, etc.) and is formalized as an annex to the employment contract. In this case, the main text of the contract may not contain a list of job responsibilities, but a link to this appendix is ​​required.

Appendix to the employment contract “_____” ____________________
Approved by the head of the MBDOU No. _______

____________________________ Name

__________ /____________/ signature Full name

JOB DESCRIPTION FOR MBDOU TEACHER No. ____ ____________________________ surname first name patronymic

Job description as a separate local regulatory act of the preschool educational institution

A job description in the form of a separate document is a local regulatory act of the institution. In this case, the job description is approved by order of the head of the preschool educational institution. If the collective agreement or agreement stipulates that in a given particular institution, job descriptions are approved in agreement with the representative body of employees (trade union committee), then in accordance with Art. 8 of the Labor Code of the Russian Federation such approval must be carried out.

Municipal budgetary preschool educational institution __________________________________________ name of preschool educational institution

AGREED Chairman of the trade union committee ___________ /___________________/ signature Full name Protocol No. ___ dated “___”_____ 20___

I APPROVED by the head of MBDOU No. ______ ___________ /___________________/ signature Full name. date

JOB DESCRIPTION OF A TEACHER ____________________________ surname first name patronymic

Job description structure

The job description necessarily consists of four main sections:

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

In the “ General Provisions ” section indicate:

  • the level of education and additional professional training of the employee necessary to perform the provided job duties;
  • requirements for work experience in the specialty;
  • basic requirements for the employee in relation to special knowledge and professional skills, as well as knowledge of regulatory documents, teaching materials, methods and means used in the performance of job duties;
  • fundamental organizational and legal documents on the basis of which the employee carries out official activities and exercises his powers;
  • a list of structural units and (or) individual positions of employees directly subordinate to him in service (if any);
  • the procedure for replacing an employee and performing official duties in the event of his temporary absence.

The section may include other requirements and provisions that specify and clarify the status of the employee and the conditions of his activity.

This part of the document, when filled out according to the professional standard, must contain the exact name of the position (profession) and the requirements that comply with the regulatory act.

The “ Job Responsibilities ” section contains a complete list of functions performed, taking into account professional standards, as well as the tasks that this employee faces. The areas of the employee’s work activity should be described as completely and in detail as possible. In this section, it is advisable to provide for the possibility of adjusting job responsibilities depending on the changing conditions of the preschool educational institution.

The section “ Employee Rights ” specifies the powers provided for by the internal regulations of the institution for this position. They must be specified taking into account the specifics of the position, the job function performed and the responsibilities. In this section you can find a list of documents that define the rights of the employee.

Responsibility section establishes the extent of the employee’s responsibility for failure to comply with the provisions of the job description and the requirements provided for by law. The section may contain both general references to laws and specify the procedure for imposing penalties.

If necessary, additional sections can be added to the document, for example:

  • Criteria for assessing the quality of work;
  • Certification procedure;
  • Working hours (if the employee is given a special or individual work schedule or is given the right to independently organize and plan his or her working day);
  • Relationships. Relationships by position ;
  • The procedure for approving and changing job descriptions.

In the section “ Relationships. Relationships by position » industrial contacts between officials of this and other structural divisions of the institution are regulated, and a circle of official connections is established. This section may also list relationships with third parties.

In the section “ Procedure for approving and changing the job description ”, either the validity period of the instruction or the conditions for revising the job description are established, including: changing the structure of the preschool educational institution, revising the staffing table, the emergence of new types of work leading to the redistribution of job responsibilities, the introduction of new technologies that change nature of the work, etc. This section is located at the end of the job description.

The procedure for familiarizing an employee with a job description

If the job description is drawn up as an annex to the employment contract (i.e. it is an integral part of it), then the employee, when hired, must familiarize himself with it at the same time as the employment contract.

If the job description is drawn up as an independent document, then familiarization with it is carried out before signing the employment contract, i.e. in the manner prescribed for familiarization with local regulatory legal acts of preschool educational institutions (clause 3 of part one of Article 54 of the Labor Code).

The fact of familiarization with the instructions must be confirmed by the employee’s signature, and he should also be given a second original (certified) copy of the document against signature.

I have read these instructions: ___________ /___________________/ signature Full name I received one copy in my hands and undertake to keep it at my workplace.

"_____"_________ 20___

Formulation of job description

According to GOST R 7.0.97-2016, the job description is printed on A4 sheets. Each sheet of the document must have fields of at least:

  • 20 mm - left;
  • 10 mm - right;
  • 20 mm - top;
  • 20 mm - lower.

It is recommended to use fonts like Times New Roman Cyr (Arial Cyr, Courier New Cyr) and letter sizes corresponding to 12, 13 point, line spacing 1-1.5. For explanatory text within a document, the font size may be slightly reduced. The choice of a specific font size in each specific case is made by the official entrusted with the preparation of the job description.

Storage rules

The rules for storing job descriptions are contained in the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558. According to this document, provisions on the rights and responsibilities of officials are subject to permanent storage according to place of development and/or approval, as well as in other organizations for three years after their replacement with new ones.

Reason 3. Job description is primary

Let us repeat once again: an employment contract is the result of a mutual agreement between the parties. Changing the conditions determined by these parties is also allowed only by their mutual agreement (Article 72 of the Labor Code of the Russian Federation).

The job description is a local regulatory act and is unilaterally approved by the employer. Accordingly, changes to it can also be made unilaterally by the employer.

However, in the case where the job description is an annex to the employment contract (if this is directly stated in the contract itself), it is subject to all the rules on changing the main document, i.e. the employment contract. It turns out that in such a situation the employer is deprived of the opportunity to make any changes to the employee’s job description unilaterally and must first obtain the employee’s consent to do so. We think you understand the consequences of this...

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As a general rule, a job description—it’s not for nothing that it’s called a “job description”—is developed for a specific position, and not for a specific employee. For example, a lawyer's job description, a secretary's job description, an accountant's job description, etc. And if your company has several secretaries performing the same job duties, they will all have a single job description.

We anticipate your question: what if the responsibilities are different? Yes, this is possible. In this case, the existing differences should be reflected both in the title of the position and the content of the employee’s duties (and, accordingly, in the job description), and in remuneration. And then you will have a job description for the secretary of the general director, a job description for a secretary-typist, a job description for the secretary of the office.

With the correct structure of recruitment work in an organization, the job description is primary in relation to the employment contract. It is logical that a list of duties that an employee will perform for a particular position is first determined, then the qualification requirements for such an employee are determined, and only after that an employee who meets such requirements and is capable of performing the required duties will be selected.

Another argument in favor of the fact that the job description in relation to the employment contract is primary is the employer’s obligation to familiarize the employee with local regulations directly related to his work activity, against signature before signing the employment contract (Part 3 of Article 68 of the Labor Code of the Russian Federation ).

What is the purpose of a job description and an employment contract?

When officially signing papers when accepting a job, you must be fully competent in the provisions of the labor legislation of the Russian Federation. Then there will be no all sorts of misunderstandings in the workplace when performing direct duties, unwanted proceedings, conflict situations and ambiguous state of affairs. To do this, it is recommended that you familiarize yourself in more detail with the basic provisions of the Labor Code and the generally accepted procedure for hiring new employees. Find out what the job description and employment contract are, officially signed by the applicant for a vacant position, when applying for a job.

Developed as a local regulatory act, the job description represents an important standard, where:

  • Contains accurate information about the employee’s job functions;
  • Job responsibilities and scope of coverage of employees of the organization and other departments in the structure of organized processes are described;
  • A limit of liability is established for a specific official;
  • Appropriate requirements for the designated level of qualification are presented;
  • General provisions for the position held, restrictions and established rules in the workplace for the instructed employee of the organization are prescribed.

The document under consideration is formed in the form of a normative act, which sets out in a standard form all the requirements that are presented to specialists in accordance with their position. If this is a job description - an appendix to an employment contract, the existing provisions apply only to the person specified in the signed agreement.

YOU SHOULD KNOW THIS

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement (Part 3 of Article 68 of the Labor Code of the Russian Federation)

It should be noted that the organization (usually a structural unit) must keep the original job description. Personnel department employees and the employee's immediate supervisor will have to contact her every now and then (for example, when providing a written refusal to hire, terminating an employment contract in the event of an unsatisfactory test result, conducting certification, bringing the employee to disciplinary action, etc.).

According to the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods (approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558, hereinafter referred to as the List), employment contracts with employees of organizations and job descriptions include to different sections of the List.

We think we have convinced you that it is not advisable to use a job description as an annex to an employment contract.

At the same time, we strongly advise you, every time you hire a new employee, not only familiarize him with the job description against signature, but also give him a copy of it. Moreover, so that the employee cannot subsequently refer to the fact that he forgot his job duties, which he was familiarized with when hiring, it is advisable that he sign for a copy of the job description in hand (perhaps on a copy of the employment contract, which remains with employer).

So whether your company’s job descriptions will be independent documents or appendices to employee employment contracts is up to you to decide. The law allows for both options. However, we still advise you to remember that these are documents of different types, and not to consider the job description as an annex to the employment contract.

The employer, at its own discretion, develops and approves job descriptions. Labor legislation does not provide for liability for their absence in the organization.

However, for the employer this fact can lead to rather unpleasant consequences that will not allow:

  • distribute labor functions among employees;
  • to reasonably refuse employment;
  • evaluate the employee during the probationary period;
  • temporarily transfer an employee to another job;
  • monitor the conscientiousness and completeness of fulfillment of labor duties.

Labor legislation does not contain a definition of job description. Rostrud, in a letter dated August 9, 2007 No. 3042-6-0, indicated that this document is a local regulatory act containing a specific list of the employee’s job responsibilities, taking into account the peculiarities of the organization of production, labor and management, as well as his rights and responsibilities.

Thus, a job description is necessary to clearly regulate the employee’s job function, job duties, responsibilities, qualification requirements, as well as the procedure for interaction with other employees and departments, powers and the procedure for replacing an absent employee.

The instruction ensures an even division of responsibilities, distribution of work (tasks, assignments), and the ability to control workers.

A job description is a necessary assistant in recruiting and monitoring employees. It helps in training newly hired employees: it is easier to motivate them to perform their duties with high quality. The period of entry into position is reduced, since the instructions clearly state the level of subordination, what the employee must do, what rights he has, to what extent and for what he is responsible.

The use of instructions will be useful in determining the degree of guilt in committing a disciplinary offense, since based on the contents of the instructions, it is established how fully and accurately the employee performed his labor functions and followed the provisions contained in it.

The instructions will help the manager monitor the duties performed by employees. It often happens that an employee performs job functions that are not reflected in the job description.

The job description will be useful in disputes with the tax authorities to justify the costs of hiring third-party specialists.

Is an employee’s job description a mandatory document?

Is an employee’s job description a mandatory document?

The employment of an employee in any organization is accompanied by a number of mandatory procedures that are prescribed to the employer by the Labor legislation of the Russian Federation: issuing an order and concluding an employment contract, familiarizing the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work, a collective agreement ( Article 68 of the Labor Code of the Russian Federation).

At the same time, the Labor Code does not contain any mention of job descriptions, however, the importance of this document is emphasized in the letter of Rostrud dated October 31, 2007 No. 4412–6. which states that the job description is an important document, the content of which is not only the employee’s job function, range of job responsibilities, limits of responsibility, but also the qualification requirements for the position held.

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

We supplement the employment contract

The instructions are closely related to the employment contract.

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Basically, the contract only describes in general terms the duties of the employee, and in order to avoid controversial situations, it is advisable to make a reference in the text to the job description corresponding to the position held.

In this case, the employer can include all the provisions of the instructions in the employment contract. This is not very convenient, since the volume of the contract increases and the understanding of its provisions becomes more difficult.

The job description should have a clear structure, and the presentation of the provisions should be as simple as possible.

How to format and compose correctly?

There is no strict form of the document and the requirements do not oblige the employer to use a handwritten document or print it on a computer. Mandatory conditions are the indication of changes and the presence of signatures of the parties on both copies. Since the document is two-sided, it can only be drawn up on the basis of the consent of the employer and employee.

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When drawing up an additional agreement, it is recommended to adhere to the following positions:

  1. Indicate the main parameters of the document: its name, number, place of conclusion;
  2. Details of the employment contract, the clauses of which are subject to change;
  3. Name of the organization, information about the manager, information about the employee in accordance with the employment contract;
  4. New parameters that will become effective from the moment the document comes into force;
  5. The date from which the changes will take effect.

If there are additional clarifying documents on the basis of which the document is drawn up, they are attached to the agreement, and the link is indicated in its text as a separate paragraph.

Determining the content

Neither the procedure for disassembling the instructions nor its contents are approved by law. Consequently, the employer independently decides what to write in it. However, it does not follow from this that all provisions should be taken “out of thin air”.

The requirements of GOST R 6.30-2003 “Unified documentation systems” also apply. Unified system of organizational and administrative documentation. Requirements for the preparation of documents”, approved by Decree of the State Standard of Russia dated March 3, 2003 No. 65-st. In accordance with this GOST, the instructions must contain the name of the organization;

name of the document type; date of preparation and signing; registration number; place of compilation or publication; approval stamp (inscription “I approve”, date, signature); title to the text; text; signature; approval stamp and visas (inscription “Agreed”, name of the position of the person with whom the approval is made, date, signature); acknowledgment note; a note on the certification of the copy, if it needs to be submitted to any authority.

1. General Provisions;

2) qualification requirements;

3) job responsibilities;

4) employee rights;

5) employee responsibility.

The first section indicates the exact name of the position, the level of remuneration of the employee filling the position, and the terms of bonuses. In addition, the procedure for appointment and dismissal is established, to whom the employee directly reports, the presence and composition of subordinates.

It is necessary to establish a procedure for replacing an employee during his temporary absence (illness, vacation, business trip, etc.) and the possibility of combining positions.

In the second section, it is necessary to establish requirements for length of service, education, work experience and the necessary knowledge to fill the position. It also lists the documents that must be followed when performing work duties.

The third section describes in detail what the employee should do and how, defines a list of specific tasks, works, operations, and indicates the form of employee participation in the management process (manages, approves, etc.).

All responsibilities must be spelled out in detail, as this will help avoid controversial situations with both employees and regulatory authorities.

The fourth section indicates the rights vested in the employee in accordance with his position and reflects relationships with other divisions (departments) of the organization and officials.

The fifth section defines the procedure for bringing to responsibility, indicating its types and punishment, criteria for assessing the results of an employee’s work, and the powers of management to hold an employee accountable.

Rostrud, in letter dated November 30, 2009 No. 3520-6-1, indicated that the employer cannot include in the job description a provision that obliges the employee to resign for any reason.

Putting it into effect

If management decides that a job description is necessary, then an order must be issued. It lists the positions for which instructions must be written and indicates the authorized persons for its development.

The development of instructions is usually carried out by the personnel department or immediate supervisors of employees.

These authorized persons draw up a draft instruction and send it for approval by a lawyer (legal department). This makes it possible to make sure that the provisions of the document do not contradict the law and do not violate the rights of the employee.

If necessary, the job description can be agreed upon with other departments of the organization and managers.

If this stage is not completed, the instructions are returned for revision.

If the document is agreed upon, it should be approved. The manager issues an order approving the labor instructions. On the instructions itself you must write “I approve”, the date of approval and the signature of the manager. In this case, several copies of the instructions are made at once: for the manager, the HR department, the accounting department, the employee.

Let's get down to business

After the instructions are approved, employees must be familiarized with them. This can be done by both the manager and an authorized person (for example, an employee of human resources or legal services). This procedure can be carried out on an individual or general basis.

The fact that the employee has read the instructions must be recorded. This is done using a familiarization sheet, which can be part of the instructions or an appendix to it. The employee must put a date and signature on this sheet.

You can note the fact that you have read the instructions in the employment contract.

If the employee refuses to confirm that he has read the instructions, then it is necessary to draw up a report about this. After its preparation, the employer can require the employee to perform the duties assigned to him by the job description.

Making changes

Changes to the instructions are made if it is necessary to redistribute job responsibilities between several employees, improve the organization of work, increase the volume of work performed, etc.

If, as a result of the changes made, only the employee’s duties are affected, it is better to prepare a new version of the job description. If the changes are not significant, then an addition to the document is drawn up.

The letter of Rostrud dated October 31, 2007 No. 4412-6 states that when making additions to the job description that are related to changes in the mandatory conditions of the employment contract, the employer is obliged to inform the employee about them in advance by written notice. Only after the worker agrees to perform new job functions, changes are made to the job description by developing a new edition.

An additional agreement is drawn up if changes are made to the instructions, which are part of the employment contract or an appendix to it. All changes made must also undergo approval and review.

Checking the facts

Checking the status and availability of job descriptions is carried out as part of the internal control of the organization's activities. Most often, this function is assigned to the personnel department.

As part of the inspection, the compliance of the job functions and responsibilities that are enshrined in the instructions with those actually performed by the employee is determined.

The availability of instructions for each employee for whom it is provided is checked. All names of positions and departments must correspond to the staffing table.

This check should be done once a year.

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