Of course, the job description is a local act, with which the employee must be familiarized immediately after concluding an agreement on mutual cooperation.
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But in the process, the nature of labor relations, as well as the specialization of the company, may change. In this regard, there will be a need not only to make changes to existing instructions, but also to develop new ones, in the manner prescribed by law.
Order to amend the job description
The employer should especially pay attention to making changes to job descriptions, the need for which arose as a result of organizational or technological changes in labor. In this case, employees must be notified about upcoming changes in advance, namely no later than 2 months before the changes take effect (74 Labor Code of the Russian Federation).
This procedure and deadlines are observed regardless of how the instructions are drawn up, as an annex to the employment contract or as a separate document.
If an organization reveals inconsistencies between job obligations and the contents of the CAS or the professional standard, this does not mean that changes need to be made to the job descriptions, since the CAS and the professional standard in this case act only as a recommendation base. The issue can be resolved a little differently, for example, add a new position to the staffing table, approve all job responsibilities for it, and transfer the employee to this position by formalizing the transfer.
If the job description is drawn up as a separate document, then its changes depend on the scope of the amendments being introduced. If such changes do not affect the labor function, then they can be formalized by a separate order. The order specifies everything related to updating the specified document.
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
If the changes are significant, the order is issued with approval not of a new edition of the instructions, but of its completely changed form. The employee must be familiarized with such a document in the general manner and signed.
If the instruction is drawn up as an annex to the contract with the employee, then it is changed not only by an order to make changes, but also by drawing up an additional agreement to the contract. In this case, the adjustments are considered a significant change in the terms of the contract, so the employee must be notified two months in advance.
Is it possible to replace an order with another form of approval?
An order, like the job description itself, is not a mandatory document, so sometimes, instead of writing a separate administrative paper, it is enough to simply put the manager’s resolution on the job description.
However, if the enterprise is large, having a number of structural divisions, employees and, accordingly, many positions fixed in the staffing table, it is much easier and more convenient for the director to put job descriptions into effect with one order than to endorse dozens of separate documents.
Example of making changes
Let's look at a specific example of how an employer should make changes to the instructions, which are drawn up in a separate document.
The head office is located in Moscow, and its division is in the city.
Smolensk. According to the job description, the chief accountant of the company is obliged to visit a separate division twice a year in order to conduct the necessary analysis, as well as prepare for the submission of reports.
The manager decided to close the division through liquidation. The chief accountant was sent a notice containing information about the planned changes to her instructions.
The chief accountant agreed with the changes being made and therefore signed the notice. After the division was closed, the following documents were prepared: an additional agreement to the employment contract with the chief accountant and changes to her instructions.
The manager, by a separate order, approved changes to the instructions of the chief accountant.
The list of employee job responsibilities is contained directly in his job description, which he must adhere to and comply with.
As well as all disputes that arise between an employer and a subordinate, as a rule, are resolved by referring to the same instructions.
A job description is an internal organizational and administrative document containing a specific list of the employee’s job responsibilities, taking into account the peculiarities of the organization of production, labor and management, his rights and responsibilities, as well as the qualification requirements for the position held.
What is an order for approval of a job description and how to draw it up correctly?
If it is necessary to implement job descriptions for employees of an enterprise, a special order with the appropriate content must be formed on behalf of the director of the organization. Open and download online. Typically, job descriptions are developed by the management of the enterprise together with a lawyer and are put into use by a separate order of the director at the initial stage of the organization’s work.
But in some cases, for example, after a company reorganization or some internal changes, a repeated procedure is carried out to put job descriptions into effect. The role of job descriptions is quite clear: with their help, management regulates the activities of subordinates.
Thus, they serve to achieve several goals at once: strengthening labor discipline, organizing and mobilizing workers, increasing productivity and, ultimately, expanding the prospects of the enterprise. It should be noted that job descriptions are not always and not applied everywhere; they are mainly common in government agencies, as well as in large organizations in the commercial sector, where there is a large number of staff. If the enterprise uses job descriptions, then the order to put them into effect is an irreplaceable document, the importance of which cannot be overestimated.
It is a legal confirmation of their significance and legality; simply put, without this order, instructions with the functional responsibilities of the organization’s employees spelled out in them may be declared invalid in the event of disputes and conflicts between the organization’s management and subordinates that reach the court, labor inspectorate or prosecutor’s office. The order to put into effect job descriptions is allowed to be written in any form, since there is no uniform standard.
The only thing that should be taken into account is that the structure, composition and presentation of the document comply with the standards of business documentation. True, in government agencies, just like in some commercial companies, a unified order template is sometimes found. In this case, the format of the order must be approved in the local regulations of the organization. The execution of the order is also left to its drafters. The document can be written by hand or printed, on a regular sheet of paper or on a letterhead with company details and a logo.
The order is always generated in a single original copy, and if necessary, certified copies are made in the required quantity. The order must be signed by the following persons: the director of the company, as the employee on whose behalf this order is issued, employees who are directly affected by the order, as well as those who are entrusted with control over its implementation. Thus, they will all indicate that they are familiar with the contents of the document and agree with it.
The absence of these signatures may lead to the fact that if disagreements arise between the management of the enterprise and subordinates, the order will be challenged in court, and the director and other officials will be subject to administrative punishment.
All orders issued on behalf of the head of the company must be taken into account. A special journal is usually used for this. It contains the name of the order, its number and date of issue. The journal, as a rule, is under the control of one of the employees included in the immediate circle of management: a secretary, the head of the personnel department or a lawyer. If necessary, the journal helps to prove the very fact of creating an order, as well as quickly find the required document.
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No special conditions are imposed in relation to the storage of the order. But to organize order in this matter, you should file the document in a folder with other similar papers, where it should remain for the period established by law or the period specified in the company’s regulations of at least three years. After that, you can get rid of it, but only in accordance with certain regulations established for the disposal of administrative acts.
If you are faced with the task of creating an order to put into effect job descriptions, and you have not dealt with it before, read its example and the comments to it - taking them into account, you can easily create your own order. Home Forms of documents Orders Order on the implementation of job descriptions. Tags: form, instructions, sample, order. Copy url:.
Now on the forum. Thank you, Maria, for your prompt response. In the adjustment account, the price and, accordingly, the cost increased. The adjustment invoice is stored together with the original version of the document. We believe that under M-4 it is possible to submit notifications upon conclusion and termination of a contract.
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Purpose of the job description
The job description performs the following functions:
- Establishes certain requirements for the qualifications and specific position of an employee, taking into account his knowledge and education
- structures the employee’s job responsibilities (list of works, tasks)
- establishing limits of employee liability.
Important! The main purpose of a job description is to determine for an employee the range of his duties, rights, and responsibilities.
How to write an order
Today there are no standards for drawing up orders approving job descriptions. So enterprises and organizations can write this document in any form or use a sample approved in the company’s accounting policies. However, some information is still required to be included:
- number,
- date and place of compilation,
- Company name,
- a complete list of job descriptions approved by the order.
The document should indicate the persons responsible for its implementation (this part concerns familiarization with the job descriptions of the company’s employees), and the job descriptions themselves, if necessary, can be noted as a separate paragraph as an appendix to the order. In addition, the order can be supplemented with any other necessary information.
Purposes of using a job description
If a job description has been concluded with an employee, the employer has the right to:
- prove the refusal to hire due to the non-compliance of the applicant (applicant for a position) with the established qualification requirements for a specific position or work performed;
- distribute labor functions among employees;
- evaluate the quality of the employee’s work during the probationary period;
- assess the quality of the employee’s performance of the job function;
- prove the employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by certification results;
- prove the legality of applying a disciplinary sanction to an employee for failure to perform or improper performance of his job duties.
Structure of the order on the introduction of job descriptions
The legislative framework does not establish a specific type of order, but based on practice, it is recommended to include the following points:
- Indicate the name of the document and what it talks about
- Formulate the need to publish this document, indicate the instructions that are referred to and guided by
- The text of the order itself
Important! The document must be signed by the manager. Employees assigned to ensure the development of these instructions and control must also sign their acquaintance.
Drawed up on the official letterhead of the enterprise.
As a result, it is better to indicate a list of positions for which instructions are approved, as well as the date from which they come into force. The order cannot be later than the instruction itself.
How to draw up an order approving job descriptions
The procedure for developing and approving job descriptions begins with studying the requirements for a specific position. The order form can be free. Traditionally, at the beginning, the header of the institution’s letterhead and the name of the document with the date of its execution are rewritten. Next, it is indicated what this order is about - in this case, the approval and subsequent implementation of job descriptions. After the word “I order” there is a list of positions for which approval is carried out. In parentheses, next to each position, a link to the corresponding application must be mentioned. Also in the text there must be an order from the employer to bring the above written text to the attention of the staff and provide the staff with copies.
Order on approval of job descriptions in preschool educational institutions
It contains instructions for the approval of a number of documents with a set of rules for various positions in kindergarten - mainly teachers of various fields. In this case, the employer left the responsibility for execution to himself. At the end, the manager puts his last name with initials, as well as his signature.
Approval of job descriptions at school
A special feature of this document is the order to cancel previously existing instructions. The next point is to approve new editions of documents. In this case, more than thirty different positions are indicated:
- Subject teacher;
- Laboratory assistant;
- Watchman;
- Janitor;
- Class teacher;
- Head teacher, etc.
This order introduces a large amount of new documentation delineating responsibilities. Without the existence of the order in this edition, labor disputes would be possible. For example, if the employment contract does not clearly establish a list of responsibilities, then it is not so easy to establish what the social teacher is responsible for and what the teacher-organizer is responsible for. After approval of documents with a list of responsibilities for employees, it is recorded when this administrative act comes into force, and the manager (in this case, director) signs.
Order to change job descriptions
It first records what is the basis for formalizing the changes. In a specific case, changes are made to job descriptions due to the transition of an educational institution to a training system in accordance with the requirements of the Federal State Educational Standard of NEO. The list of orders includes familiarization of employees with the employer’s order. The manager also indicates in the text the person responsible for execution. At the end, the manager puts his signature, and the employees affected by the changes confirm with their signatures the fact of familiarization.
Approval of additions to the job description
It spells out the responsibilities for employees (often certain sections are missed in the text of the main document for the position). The order itself on the execution of additions is drawn up in a standard manner. The fact of approval of the addition must be documented in writing. To do this, take the institution’s letterhead and write down the corresponding name of the order - an order to make additions. The following lists positions and links to applications, indicating specific amendments to the original version. The employer confirms the order with his signature.
How and where is the order stored?
According to the Legislation of the Russian Federation, all orders must be stored in the archives of the enterprise. Documents that are not part of the employee’s personal file, such as an order, must be kept for seventy-five years. If the organization has been liquidated, then all data must be transferred to the city archive or legal successor.
The main thing in drawing up an order for approval of instructions:
1.observe the time frame so that the order issued is either on the eve of the instruction itself or on the same day
2.issue it on the organization’s letterhead, indicating the details
3. must be endorsed by the director, and the signatures of all responsible persons are also required
4.monitor its implementation and conclusion of the job description with each employee
Employees need to:
1. Carefully study your job descriptions, and if you disagree with any point, notify the employer about this, in order to avoid omissions in the future
- sign the instructions after all the circumstances have been clarified
Who writes the order directly
An order for approval of job descriptions can be drawn up by any employee of the organization who is assigned this function:
- legal adviser,
- HR specialist,
- secretary, etc.
The main condition is that a person has a clear idea of how to correctly draw up and execute this document.
After writing the order, it must be submitted to the director of the company for signature, since without his autograph the order will not be considered valid and subsequently it can easily be challenged in court.
Answers to common questions
Is there any liability for the organization for not issuing an order approving job descriptions?
Maintaining personnel records and records management is necessary in every enterprise. The issuance of an order implies the establishment of procedures and requirements for the implementation of legislation in the organization. A job description cannot be recognized as valid without the issuance of an order by the manager, certified by his signature.
For failure to comply with these standards, an administrative fine may be imposed on the organization.
Why is a job description necessary? How often does it need to be done?
The need for this document is very important, since it contains a complete list of works and services that an employee must provide at his workplace. In case of failure to comply with these requirements, he may be held accountable, indicating the point of the instructions that he violated.
In turn, the employee can present an ultimatum to the employer to fulfill duties that are not included in the list of his job description. If an employee climbs the career ladder, acquires a new position, or his functional responsibilities change, then he must sign a new job description in accordance with his new position.
What is the structure of the order, and what needs to be reflected in it?
Compose the order on the official letterhead of the company, where you can see the tax identification number, checkpoint and legal address. Then we will formulate its name, in the main text we will describe the need for publication in connection with the regulation of the staffing table and the normalization of the work responsibilities of employees, then the order itself and what we want to indicate: we write about the publication of job descriptions and appoint those responsible for its implementation.
The manager signs and the HR department informs those assigned to verify implementation.
Of course, the job description is a local act, with which the employee must be familiarized immediately after concluding an agreement on mutual cooperation.
Expert opinion
Gusev Pavel Petrovich
Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
But in the process, the nature of labor relations, as well as the specialization of the company, may change. In this regard, there will be a need not only to make changes to existing instructions, but also to develop new ones, in the manner prescribed by law.
How to place an order
There are no uniform standards for the execution of an order, as well as for its content: it can be written on a simple blank sheet of A4 or even A5 format, either by hand or printed on a computer.
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Important condition: the order must contain the original signature of the director or other employee authorized to endorse the company’s administrative documents.
Also, the employees responsible for its implementation should be familiarized with it against signature.
Is it necessary and in what cases?
The development and application of a job description is not mandatory. Moreover, the Labor Code of the Russian Federation does not even contain a mention of this document, because all obligations under Article 57 of the Labor Code of the Russian Federation can be fixed in an employment contract.
And yet, this document is actively used in many organizations in a manner that has not been defined by anyone.
That is why many personnel officers ask the question: what is the procedure for creating job descriptions themselves and do they need to be approved? Meanwhile, when drawing up a job description or making changes to existing conditions, you should first of all be guided by Resolution of the State Standard of the Russian Federation dated 03.03.2003 N 65-st and qualification reference books for a particular industry.
It is also necessary to take into account the norms of Article 8 of the Labor Code of the Russian Federation, which reserves the right of the employer to issue local acts at the enterprise that regulate certain procedures, taking into account the specifics of the company, provided that local documentation does not worsen the position of employees in comparison with the Labor Code of the Russian Federation.
That is, it is in this way that at the legislative level the job description acquires legal force, being a local act, which, after registration, is already subject to the norms of the Labor Code of the Russian Federation.
It is worth noting that the instruction itself will not have legal force without proper execution, which consists not only of respecting the rights of the parties when forming certain conditions, as well as the presence of signatures of the worker and management, but also the corresponding approval.
It should also be noted that, if necessary, even federal laws are subject to changes or complete repeal and development in a new edition. Accordingly, the instructions cannot be relevant for decades, which predetermines the need for the above-described actions.
How to store an order
An order is usually created in a single copy and then registered in the journal of internal documents of the organization. During the period of validity, the order must be kept together with all other administrative documentation of the company in a place to which access must be limited. After losing its relevance, it is transferred to the archive of the enterprise, where it is stored for the period established by law or local regulations of the company (but not less than three years), after which it can be disposed of.
Can it be stated differently?
- by issuing an administrative act, that is, an order;
- by affixing the stamp “I approve” with the signature of the head of the organization.
That is, it is not necessary to issue an order for the approval of the DI if the instructions have already been approved by the specified stamp.
However, in some industries, special provisions have been developed that not only contain the procedure for issuing instructions and the procedure for making changes, but also determine the mandatory issuance of an order.
If the company does not belong to government agencies, management has the right to determine the procedure for approving instructions independently, that is:
- if the organization’s staff is small, a stamp will be enough;
- if we are talking about a large institution with many structural divisions, it is more advisable to issue a general order to approve the DI, rather than to endorse each one.
Order on the transition to professional standards: structure and content of the document
So, through the document that we are considering in this material, the management of an organization that falls under the provisions of Resolution No. 584:
- orders the creation of a commission or working group to develop and implement a plan for the implementation of professional standards;
- determines the range of tasks solved by employees who are members of the commission or working group;
- determines the circle of specialists responsible for control functions within the framework of solving relevant tasks.
In this case, the noted wording may form the main information block of the order.
The order is signed by the management of the company. The fact of familiarization with it is also certified by the signatures of employees who are included in the lists of responsible persons for the document.
The activities of a commission or working group established by order may be additionally regulated by a separate local regulatory document - regulations on the relevant commission or working group. This standard may, in particular:
- detail the tasks assigned to specialists responsible for the development and implementation of plans for the implementation of professional standards;
- include the necessary clarifications on the provisions of Resolution No. 584.
