Why do we need provisions on subdivisions. Regulations as an organizational and legal document

• to understand who is doing what in the workplace (analysis);
• to explain to employees what they should do and where the limits of their competence, rights and responsibilities are (management);
• to control the current activities of the organization (control);
• to assess (and self-assess) the activities of employees and the subsequent decision-making on training, relocations, incentives and penalties (stimulating and managing the career of employees);
• for the selection of candidates (attraction of employees);
• to protect employees, the employer and the organization as a whole (safety);
• to maintain a positive corporate culture.

As you can see, all stages of the classical management cycle to one degree or another require the information contained in the PP and ID. This means that if the organization is to be manageable, then these fundamental documents must be in order.

It also follows from this that the PP and CI of the organization should form an internally consistent system, while the totality of labor contracts does not imply such a consistency.

PP and DI are law not only for the employee, but also for the employer, and therefore must comply with the requirements of the current Russian legislation and protect the legitimate interests of both parties. In this regard, enthusiasm for the "managerial" aspect of these documents to the detriment of the legal one can lead to negative consequences. What, from the point of view of theories of general management or personnel management, should be reflected in the characteristics of workplaces or departments, will not always be appropriate in a PP or MD from the point of view of legal requirements. Therefore, the structure, form, content and individual wording in the PP and CI must be verified from the point of view of the law, and possible legal conflicts associated with the interpretation of the provisions of these documents must be assessed in advance.

What can you rely on when developing regulations on divisions and job descriptions?

Legislation Russian Federation(including labor) does not directly determine the comprehensive requirements for the content of these documents. In Art. 5 Labor Code RF noted that labor relations and other relations directly related to them, in addition to regulatory legal acts, are also regulated by collective agreements, agreements and local regulations containing labor law norms. At the same time, nowhere in the code is it disclosed at least indicative list such local regulations. But due to the prevailing Soviet time traditions under them are understood, including CI and PP, as evidenced by the letters below from the federal departments regulating labor relations.

In a letter Federal Service on labor and employment from 31.10.2007 No. 4412-6 "On the procedure for amending the job descriptions of workers" we read:

“Despite the fact that the Labor Code does not contain a mention of the job description, it is important document, the content of which is not only the job function of the employee, the range of job duties, limits of responsibility, but also the qualification requirements for the position held.
Since the procedure for drawing up an instruction is not regulated by regulatory legal acts, the employer independently decides how to draw up it and amend it. "

Rostrud, however, warns (Letter of the Federal Service for Labor and Employment dated 09.08.2007 No. 3042-6-0 "On the job descriptions of workers"):

« Job description is necessary both in the interests of the employer and the employee. So, the absence of a job description in some cases prevents the employer from making a justified refusal to hire (since it may contain additional requirements related to business qualities employee), objectively assess the employee's activities during the probationary period, distribute labor functions among employees, temporarily transfer the employee to another job, assess the conscientiousness and completeness of the employee's job function.
In itself, the absence of a job description should not be regarded as a violation of labor laws and entail responsibility, however, it may have Negative consequences in the form of making illegal decisions by the employer due to its absence. "

Nevertheless, in judicial practice, references to PP and ID when assessing the actions of an employer and an employee are widely used. So, in accordance with clause 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 (as amended on September 28, 2010) "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation",

“… Failure by the employee without good reason is the failure to perform labor duties or improper performance through the fault of the employee of the labor duties assigned to him (violation of the requirements of the law, obligations under the employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc.). "

Some requirements for the content of the ID are established by clause 4 of the section " General Provisions»Qualification reference book of positions of managers, specialists and other employees (approved by the Resolution of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37 with subsequent amendments):

"Qualification characteristics (given in the reference book - ed.) At enterprises, institutions and organizations can be used as normative documents direct action or serve as a basis for the development of internal organizational and administrative documents - job descriptions containing a specific list of job duties of employees, taking into account the specifics of the organization of production, labor and management, as well as their rights and responsibilities. "

The same handbook contains recommended lists of job responsibilities, knowledge requirements and qualifications of workers in certain positions. The scope of rights and responsibility, as well as a number of other important characteristics of a specific position in a non-governmental organization, is not established by legislation even at the level of recommendations. This is understandable: "the peculiarities of the organization of production, labor and management" are reflected. In addition, the organization has the right to form positions based on its own business logic. Therefore, in some cases, the relevant documents must be developed independently or use any samples.

The Internet is replete with samples of PP and CI, a significant part of which is written on the basis of the Qualification Handbook, while a smaller part is free creativity. Upon closer examination, it turns out that for some positions there are no samples at all, for others - the samples are not at all about that, for the third - the samples contain ridiculous or dangerous errors. For instance:

Director (general director, manager) of the enterprise
Organizes the work and effective interaction of all structural divisions, workshops and production units, directs their activities to the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the enterprise, increasing the volume of products and increasing profits, quality and competitiveness of manufactured products, its compliance with world standards in order to conquer the domestic and foreign markets and meet the needs of the population in the relevant types of domestic products.
Organizes production and economic activities based on the widespread use of the latest technology and technology, progressive forms of management and organization of labor, scientifically based standards of material, financial and labor costs, studying the market situation and advanced experience (domestic and foreign) in order to improve the technical level and quality of products (services) in every possible way, economic efficiency its production, rational use production reserves and economical use of all types of resources.

This is, so to speak, the late Soviet Baroque, reworked in accordance with rather primitive ideas about a market economy. Incidentally, this is a faithful reproduction of the corresponding section from.

Director of Development
Develops methods for prompt response to crisis and non-standard situations that can lead to the failure of the enterprise development plan, other adverse consequences for the enterprise.

It's just an annoying reading ambiguity. The following should be considered a more serious error:

Director of Development
Appoints employees responsible for the implementation of projects, gives general instructions, directly supervises and coordinates their activities.

"Appointed" by order, orders are issued by the general director - this is indicated in the Charter of the organization. So this wording, which means an actual excess of powers, is a direct violation of the Charter. However, the author of the job description does not stop at what has been achieved, boldly imputing the responsibilities of the development director to the functions of the founders (cf. Art. 33 Federal law"On limited liability companies"):

Defines general concept enterprise development policy.

The "general concept of politics" sounds pretty good by itself. However, the authors of job descriptions love the words "general", "implement", etc .:

"General management of contractual work and general control over its implementation is carried out by the Managing Director of the Company or another authorized person."

And here is just a matryoshka puzzle (again from): guess what the head of the planning and economic department is working for:

To supervise the work on economic planning at the enterprise, aimed at organizing rational economic activity, in accordance with the needs of the market and the possibilities of obtaining necessary resources, identification and use of production reserves in order to achieve the highest efficiency of the enterprise.

Samples of the aforementioned "free creativity" posted on various Internet sites also cause smiles, embarrassment, bewilderment and apprehension:

Store administrator:
The store administrator is collectively liable for the safety of the goods in the store.

Beauty salon administrator:
Takes measures to prevent and eliminate conflict situations.

Head hunter:
[Has the right] to demand from the customer to provide organizational and technical conditions and the execution of the established documents necessary for the fulfillment of the terms of the contract for the search and attraction of highly professional specialists.

So, the available samples should be used with great care. What if they will read and grasp what is written? This means that the developer of software and ID, authorized by the employer, must know well the purpose of all the "screws" and other details from which these documents are assembled. This knowledge will be all the more important when developing documents for atypical departments or positions.

The theory and practice of writing PP and CI is devoted to whole line articles (,,,,,,,,,,). Unfortunately, some of them contain deliberately incorrect statements (see below). The most complete and verified source on this issue is the series of books by L.V. Trukhanovich and D.L.Shchur "Personnel of the Enterprise", "Personnel of the Organization", among which we note, as well as the book.

In view of the severity of the subject, let's start with a small digression that the impatient reader might skip.

Around the position of the unit and job description

A bit of philosophy: PP and CI as alpha and omega ...

Alpha - because a candidate for the organization's employees will better determine his place in it if he first gets acquainted with the range of his duties or if he offers the employer his vision of this place. One way or another, the subject of discussion at the interview will be the composition of the employee's functions and the balance of rights and responsibilities that ensures their implementation.

Omega - because PP and DI are the crown of a serious process called "organizational design": first, management objects are determined, then methods and functions, then processes, then the necessary roles of process participants, and only in conclusion, positions are formed from roles, and from positions - divisions. Thus, the totality of tasks and functions of departments, duties, rights and responsibilities of positions is formed only when the activities of the organization are presented in sufficient detail (cf.).

We emphasize that CI should be distinguished from work (operational) instructions, which describe the sequence of actions at a given workplace when performing a particular function, as well as from methodological instructions that describe methods of work, regardless of the position of the performer.

Strictly speaking, PP and CI will be incorrect until the entire described logical chain has been worked out. However, by sheer coincidence (or as a result of evolutionary selection), fairly stable ideas have developed about the complexes of functions that are traditionally entrusted to a unit or employee of a certain profile. Everyone perfectly understands what an accountant, lawyer, chief mechanic, production and technical or design and technological departments are doing. Industry specificity begins to seriously affect when it comes to the functional load of workers or employees and lower-level specialists. But already the functions of employees of logistics departments are less dependent on the industry affiliation of the enterprise, and the functions of financial, economic, legal, personnel services practically do not depend on it.

This circumstance allows us to speak about "samples" for PP and DI of top-level management employees or employees of auxiliary and supporting units.

A bit of history

The Institute of PP and DI originates from the idea of ​​the division of labor. Since, in addition to the management PP and DI, they perform legal function, their development is due to the development of the struggle of workers (and the response of employers) for their rights.

In 1960 - 1980 in the USSR, PP and DI were one of the mandatory documents in the labor administration system. This extensive system was based on a clear definition of the range of functional responsibilities for different professions and positions, the list of which has been unified for the whole country, labor rationing and determination of tariff rates and official salaries (as well as various correction factors). Therefore, any change in the nomenclature of professions and positions, in their functional responsibilities led to a significant change in regulatory data across the country.

In the early 1990s, PP and CI remained mandatory only in the system government agencies and organizations. The leaders of private companies considered the development of software and ID as inexpedient, since the conditions for doing business changed (and continue to change to this day) at a much faster rate than is required for "nurturing", developing and implementing meaningful and truly working documents.

In the 2000s, with the consolidation of private business, the growth of state participation in streamlining labor relations, the development of judicial practice in the field labor disputes the need for PP and MDI began to increase. However, due to the change in the organizational and technical working conditions, the emergence of completely new professions and positions, the direct transfer of functions, norms, and pay levels from the Soviet past turned out to be impossible. A repetition of the feat of the Soviet Trudoviks at the present time is not possible, and it is not advisable, since private business must determine for himself the most effective “rules of the game”, including the optimal “layout” of posts. Therefore, recently, the national rules for the development of PP and DI have been updated and re-approved for a rather limited number of positions of civil servants. The already mentioned Qualification Handbook, updated regularly enough ( latest revision at the time of this writing, dated 03/14/2011), should be considered more a legacy of the Soviet era.

An attempt to transfer to domestic soil the foreign practice of developing PP and ID comes across differences in the legal consequences of certain formulations.

Currently, there are more or less well-established ideas about the form and content of PP and ID, which, using the terminology of the Civil Code of the Russian Federation, can be classified as "business customs". Most likely, it is not worth waiting for the definition of requirements for PP and ID at the level of federal legislation in the near future.

A bit of geography

The foreign analogue of our CI - job description (hereinafter - JD) - is a less formalized, but more capacious document (,).

The JD format corresponds to the CI format:

• Job Title - job title;
• Job Location - the place of the position in the organizational and territorial structure of the organization;
• Reporting To - subordination, accountability;
• Job Summary - the main tasks of the position (no more than two sentences);
• Job Duties and Responsibilities - duties and areas of responsibility of the position (from 8 to 16);
• Education and qualification - requirements for the level of knowledge and availability of relevant documents;
• Skills and specifications - skill requirements.

First, the compilers of JDs are encouraged to indicate no more than 8 (for lower-level employees) - 16 (for top-level employees) job responsibilities. If there are 25 or more functions in the JD, then such a document is "re-qualified" into a work instruction. Domestic samples can contain both 30 and 40 functions - and this is for top-level workers! On closer inspection, it turns out that most of these functions are control functions. This means that functions (along with rights and responsibilities) are not actually delegated to subordinates. Either it indicates that the author of the CI was unable to separate the main functions from the secondary ones or is inclined to prefer the process to the result (that's how the idea of ​​process management can be distorted!).

Second, when describing functions, JD places more emphasis on the results (or, more accurately, the requirements for results) of an employee's performance than on the way those results are achieved. Let's pay attention to the fact that this is another manifestation of real delegation: the subordinate is free to choose the means, but is obliged to provide the result required by the leader. It is interesting to note that compilers are not recommended to formulate the goals of the employee's activity in JD (neither in quantitative nor even in qualitative terms), since it is believed that if the employee performs his duties in a standard manner, then the goals of the organization are achieved automatically.

Third, JD pays more attention to the requirements for the level of knowledge and skills of the employee than to the description of his activities. This is not surprising, since the employee is paid for results and for abilities, and not for his activities as such.

Fourthly, JDs turn out to be “lighter” than domestic MDs, since they widely use references to other local regulations of the organization (methods, regulations, work instructions, etc.). The use of such normative hypertext is facilitated by the fact that they are presented in electronic form, and you can always find the required position of a document by reference. In our country, in most cases, the matter is complicated by the fact that there are simply no local regulations of different levels in the organization, or it is technically impossible to provide computer access to their array, taking into account mutual links.

All this together shows once again how carefully foreign managers track the balance between the complexity (and, consequently, the cost) of the work and the qualifications (knowledge and skills) of the employee performing them.

It is necessary to adopt the following from foreign practice:

• real, not imaginary, delegation of functions;
• increased attention to the knowledge and skills of the employee holding the given position;
• the specificity and brevity of the formulations of both the requirements for the results of activities and the areas of responsibility of the employee.

A bit of jurisprudence

For all the everyday simplicity of the concepts of “function”, “duty”, “right”, “authority”, “responsibility”, the legal community is still discussing the subtleties of their content.

For example, some people distinguish between rights and powers, believing that rights are granted to an employee to access company resources (something, someone), and powers are a special type of rights associated with administrative functions and decision-making.

Some propose to invest in the concept of "responsibility" not the mandatory application of certain sanctions to the guilty violator of the established norms (which is usually reflected in formulations such as: "is responsible for failure to follow the instructions of the immediate leader"), but "such an aspect of social ties and relationships of people that characterize the process of exercising the granted rights, the fulfillment of the assigned duties, based on the choice of behavior and its assessment, taking into account the interests of society "(which can be expressed by the words:" is responsible for the full and timely implementation of the instructions of the head directly "). As you can see, different points of view lead to different verbal descriptions of one, in fact, phenomenon. Others oppose the identification of legal responsibility with moral or legal duty.

The life of the developer of PP and ID is also complicated by the lack of clarity at the legislative level of a number of widely used terms. These include, for example, the terms "instruction" and "instruction" - even when applied to the President of the Russian Federation.

Therefore, in practice, confusion is often observed, expressed in the fact that duties are recorded in rights, among the functions one can find the wording "responsible for ...", etc. Realizing that all this is the essence of the manifestation of ambiguity in the interpretation of basic concepts, one option should be chosen (and, preferably, set out in the appropriate document) for practical work on PP and ID.

A little taxation

The ID may be the basis for reducing the income of the organization by the amount of some expenses incurred by the organization in connection with the provision of the employee's activities in the performance of the labor functions specified in his ID. Such expenses may include, for example: fare employee, cellular services, tuition fees.

The developer of the ID must take into account the tax aspects when preparing the document and coordinate them with the accountant.

A bit of quality management

PP and CI are important elements of a set of documents describing a quality management system in the style of ISO 9000. Although, as always, the standard does not define the need, form and content of such documents.

If the documentation of the quality management system provides for PP and DI, then they will be subject to the rules for document management (in terms of form, content, as well as the procedure for development, implementation, amendments and additions, cancellation) adopted in the organization for the documents of the management system quality.

For whom are PP and DI developed?

The current legislation of the Russian Federation provides for the compulsory compilation of PP and DI only for employees of a certain profile (municipal employees, certain categories of civil servants, employees customs authorities, some categories of personnel of educational institutions, private security guards). For other categories of employees, a detailed description of their labor function, rights and obligations within the framework of an employment relationship can be included directly in an employment contract. In this case, the preparation of a job description is not required. So, the organization itself determines the feasibility of developing software and ID.

The organization may decide to use PP and MD for all or some of the posts. In the latter case, the job duties, rights and responsibilities of the employee should be determined by the employment contract. How wide the range of departments and positions should be, the activities of which are regulated by the PP and DI, and how detailed these documents should be is a subject for a separate discussion. It should be borne in mind that both the absence and the excessiveness of local regulations entails unnecessary costs for managing the organization.

CIs are developed for employees belonging to the categories of managers, specialists and employees in accordance with the organizational structure and staffing table of the organization.

For workers, a similar document is being developed, which, however, is not called job descriptions, but does not have an established name either. It is undesirable to use the names "work instructions", "production instructions", since they are already taken for documents describing the procedure and / or specific methods of work at one or several workplaces, for example: "Work instructions for monitoring and approving, organizing mailing, archiving, the procedure for making changes "or" Manufacturing instruction on the operation of grounding devices for electrical installations ". Name " qualification characteristic»All the more will not work, since it is used and unambiguously interpreted in.

Nevertheless, in the Letter of the Federal Service for Labor and Employment dated November 24, 2008 No. 6234-T3, it is recommended:

“… To determine the content of the performed labor function of workers filling certain positions, job descriptions should be drawn up and approved, and to determine the content of the performed labor function of workers hired in the professions of workers, production (by profession) instructions should be developed and approved. We believe that in reference and legal systems, you can use different names of instructions in relation to categories of workers. "

Article 57 of the Labor Code of the Russian Federation establishes:

“If, in accordance with federal laws, the provision of compensations and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books, approved in accordance with the procedure established by the Government of the Russian Federation ”.

According to article 143 of the Labor Code of the Russian Federation,

"The tariffication of work and the assignment of tariff categories to employees are carried out taking into account the unified tariff and qualification reference book of work and professions of workers, a unified qualification reference book of the positions of managers, specialists and employees."

Thus, when establishing the names of positions and compiling the corresponding CIs, one should check the legislation, including reference books and classifiers,, as well as the releases of the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers (ETKS) in various sectors of the economy. For example, by the decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22, a list of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day. Consequently, the employer is obliged in the employment contracts of all employees (and, accordingly, in the job descriptions) who perform the relevant labor functions, determine the names of professions and positions in accordance with qualification reference books.

Often the question arises about the need for a CI for the general director, as well as members of the management bodies of a joint-stock company or a limited liability company. Since the procedure for the appointment, subordination, functions, rights and responsibility of these persons is determined by the relevant federal laws, the Charter of the organization and labor contracts, there is no direct need to develop ID for these persons.

For executive / managing directors of organizations in which the powers of the sole executive body have been transferred management company, as well as employees who are directly subordinate to the board of directors or the general meeting of shareholders (participants), CI should be developed. These IDs should take into account the specifics of labor relations with the leaders of organizations.

For all employees, it is necessary to distinguish between the areas of labor relations regulated by the PP and DI and the employment contract. So, for example, the provision on the obligation to dismiss on certain grounds (including voluntarily) is not the subject of ID, since it does not apply to the employee's labor function.

PP and CI structure

The current legislation of the Russian Federation does not determine the requirements for the structure of PP and CI. Thus, the organization has the right to independently determine such requirements. Therefore, in practice, PP and DI are very diverse in their structure.

You can, however, highlight the minimum "core" of each document:

Regulations on the structural unit

1. General Provisions
2. Main tasks
3. Functions
4. Structure
5. Interaction

Job description

1. General Provisions
2. Job responsibilities
3. Rights
4. Interaction
5. A responsibility

In some cases, the PP includes the sections "Rights" and "Responsibility", describing in them the rights and responsibilities of the head of the unit. Sometimes, however, certain "general" rights and responsibilities of the unit are formulated.

In our opinion, the first is inappropriate, since it is appropriate to set out the rights and responsibilities of the head of the department in his ID. The second seems to be incorrect, since the implementation of the right is determined by the will of the subject and if we are talking about the unit as a whole, then the mechanism for the formation and expression of this collective will must be determined, and if we are talking about the totality of individual employees of the unit, then, as a rule, not all of them in fact have the same rights; in addition, the employee, as a rule, bears personal responsibility, and therefore the composition of his job duties and rights must also be determined personally.

PP and CI form

It is recommended to develop PP and DI forms in accordance with GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork ”(brought into force by the Resolution of the Gosstandart of Russia dated 03.03.2003 No. 65-st).

The obligatory details of the PP and DI are: the name of the organization, the name of the type of approval document, its date and number, place of compilation, stamp approval. They are placed at the beginning of the text of the document.

The signatures of the persons approving the drafts of the PP and DI are placed either at the end of the text of the document, or on a separate approval sheet, the details of which must unambiguously determine which document was approved.

At the end of the text of the PP or ID or on a separate sheet of familiarization, employees put their signatures on familiarization with the document and receiving a copy of it in their hands.

In this section, we will take a closer look at the content of the PP. For definiteness, we will assume that this document is being developed for a joint stock company or a limited liability company (in the examples of wording, the organization will be referred to as the “Company”). The approximate form of the PP is given in Appendix 1 to the article.

Section 1. "General Provisions"

1.1. The full and abbreviated name of the structural unit (hereinafter referred to as the Subdivision) is given.

1.2. It is indicated to which employee of the Company the Subdivision is directly subordinate.

This paragraph discloses the principle of one-man command in relation to the considered Unit.

The unit can:

• be an independent structural unit of the Company and report directly to the General Director of the Company (for example: security service, legal department, secretariat);
• be directly subordinate to any employee of the Company (for example: the production and technical department is directly subordinate to the director of production or the department of material and technical support is directly subordinate to the director of logistics);
• be a part of any structural unit and report directly to the head of this unit (for example: the HR department is part of the accounting department and reports directly to the chief accountant).

Subdivision performing functions internal audit or other similar control functions may be directly subordinate to the General Meeting of Shareholders (Participants) or the Board of Directors.

1.3. The procedure for creating and disbanding a Unit is described.

Here you can limit yourself to the following wording: "The division is created and disbanded in accordance with the organizational structure and staffing table of the Company, in the manner determined by the current legislation of the Russian Federation."

For subdivisions directly subordinate to the General Meeting of Shareholders (Participants) or the Board of Directors, it is necessary to indicate: “as agreed with the General Meeting of Shareholders (Participants) (Board of Directors)”.

1.4. The full name of the position of the head of the Division is indicated. The full names of the positions of the operational, methodological or other heads of the Division (if any) are indicated.

The Head of the Unit is an employee of the Unit who manages its current activities. The competence of the Head of Division is determined by his CI.

Methodical Head of a Subdivision - an employee of the Company or a third-party organization (for example, a management company) who is not an immediate or superior direct head of a structural unit or an employee of the Company, but in accordance with the procedure established by the Company who gives a structural unit or an employee of the Company mandatory instructions, explanations, and other documents (including standard documents) concerning methods and ways of carrying out activities by a structural unit or employee.

The superior direct manager is not indicated as methodological, since his instructions, both on current activities and methodological in nature, are transmitted to the employees of the Division along the "vertical of management" through the Division Manager.

Methodological guidance is possible with a matrix organizational structure. It is possible (in rare cases) the presence of several methodological leaders. Another common situation is methodological guidance from the corporate center (management company). For instance, Chief Accountant the organization is directly subordinate to the managing director, and the methodological guidance of its activities is carried out by the head of the department of accounting and tax accounting methodology of the management company.

Operational manager of a Subdivision - an employee of the Company, who coordinates in an operational manner the activities of the Subdivision and some other subdivisions and / or employees, giving the Subdivision binding instructions regarding the operational activities of the Subdivision. For example, under the operational leadership of the head of a remote section, there may be a transport support unit located on the territory of this section, subordinate directly to the director of logistics. The head of the section gives assignments to the division, determines the arrangement of vehicles, etc., but has no right to give instructions regarding working methods, to give proposals on the staffing of the division without the consent of the director of logistics, etc.

In the presence of methodological or operational guidance, a local regulatory act is required, which would determine the rules of employee behavior in the event that the instructions of the immediate supervisor contradict the instructions of the methodological or operational supervisor. If the immediate, methodological and operational managers of the employee have not agreed on their instructions, then the decision should be made by the employee, in whose direct subordination all these managers are (as a rule, the general director).

1.5. The procedure for filling the position of the head of the Division in case of his absence is indicated.

Indicated:
a specific position of an employee replacing the head of the Division (for example: deputy, one of the heads of subordinate divisions), or
appointment of an employee who replaces the head of the Division, by order (decree) of the General Director of the Company.

1.6. The normative acts, which the employees of the Division are guided by in their activities, are listed.

Usually, instructions are given to:

• the current legislation of the Russian Federation;
• trade regulatory and methodological documents on the profile of the Division's activities (if possible, specific documents are indicated);
• Company Charter (for divisions that are required to be guided by the Charter (for example: legal department, internal audit service);
• Decisions of the General Meeting of Participants (Shareholders) (Board of Directors) (for divisions reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors);
• Regulations on the Division;
• collective agreement;
• orders and orders of the General Director of the Company;
• instructions from the immediate supervisor, operational and methodological managers (if any);
• internal labor regulations of the Company;
• other local regulations of the Company.

Depending on the nature of the activities of the Division, the following are indicated:
regulations on labor protection and industrial safety, rules and norms of labor protection, industrial sanitation, fire protection, environmental safety.

The above list of normative acts can be expanded.

1.7. The mode of operation of the Unit is determined.

You can restrict yourself to the wording: "The mode of operation of the Division is determined in accordance with the Internal Labor Regulations established in the Company" in the presence of such rules.

1.8. The procedure for approval and enforcement of the PP, changes and additions to it is determined.

As a rule, "These Regulations, amendments and additions to it are approved and put into effect by order of the General Director of the Company", but for units subordinate directly to the General Meeting of Shareholders (participants) or the Board of Directors, it is necessary to indicate: “in agreement with the General Meeting of Shareholders ( of participants) (by the Board of Directors) ". It is advisable to describe in more detail the life cycle of software (including from the initiation of changes to their implementation) in a separate local normative act.

Section 2. "Main tasks"

The Main Tasks section lists the main tasks of the Unit.

The formulation of the task should briefly describe the result to be achieved by the activities of the Division and the requirements for which are determined either from outside the Company (by the current legislation, control and supervision bodies, customers, etc.), or by other structural divisions of the Company.

For instance:

• Rendering well workover services in accordance with customer requirements.
• Ensuring the operability of the Company's equipment.
• Planning and control of the economic efficiency of the Company's activities.
• Ensuring compliance with the legality of the Company's activities, legal protection of its legitimate interests.
• Support for the Company's employees in terms of the use of communication facilities, hardware and software Society.
• Organization and maintenance of accounting and tax accounting, preparation of accounting and tax reporting in accordance with the requirements of the current legislation of the Russian Federation.
• Control over the fulfillment in the Company of the requirements of the current legislation of the Russian Federation, internal regulations and customer requirements in the field of labor protection, industrial safety, environmental protection, and safety road traffic.
• Full and timely satisfaction of the needs of the Company's structural divisions for inventory items.
• Optimization of the Company's costs for the purchase, inventory maintenance and other logistics processes of the Company.

The tasks of the structural divisions must be coordinated with each other and in the aggregate are subordinate to the main goals of the Company, as they are defined in the Charter of the Company or other internal documents.

The tasks of the Subdivision should be formulated so that the functions of the Subdivision listed in the section "Functions" would logically follow from the assigned tasks. For this, it is recommended to use the same phrases.

The tasks and functions of the Unit must comply with current legislation RF. In particular, it is unacceptable to include in their composition tasks and functions, the implementation of which requires compulsory licensing, in the absence of appropriate licenses from the organization.

Section 3. "Functions"

The "Functions" section lists the functions performed by the Unit and aimed at solving the tasks assigned to it, listed in the "Main tasks" section.

The description of the function should briefly describe the activities of the employee of the Division or the Division as a whole, leading to a certain result, the requirements for which are determined either from outside the Company (by current legislation, control and supervision bodies, customers, etc.), or by other structural divisions of the Company.

The description of the function of the Unit begins with the verb: "develops ...", "conducts ...", "organizes ...", "participates in ...", "monitors ...", "controls ...", etc. Wherein:

• "Organizes ..." - means: engages and coordinates the actions of structural divisions and / or employees of the Company to perform any actions (work, events, projects, etc.).
• "Participates in ..." - means: performs a certain part of actions (works, events, projects, etc.) on the instructions of the immediate manager or an authorized organizer, together with other structural divisions and / or employees of the Company.
• "Provides ..." - means: supplies (provides) certain resources to perform any actions (works, events, projects, etc.) or performs any actions to obtain any results.
• "Takes into account ..." - means: in the prescribed manner collects and summarizes information on the results or progress of any actions (works, events, projects, etc.) performed within the Company; checks its validity, consistency and relevance.
• “Monitors ...” means: collects and processes information about the status or actions of objects or entities external to the Company.
• "Controls ..." - means: compares the actually obtained (or intermediate) results of performing any actions (works, events, projects, etc.) within the Company with the planned and / or defined by the relevant regulatory act, tasks, criteria, etc. (the wording indicates which ones exactly) and performs (or initiates) actions aimed at minimizing the identified deviations.

For instance:

• Monitors the market transport services in the regions of the Company's production activity.
• Develops strategic plans for the development of the Company in the field of transportation services.
• Provides methodological assistance to the Company's employees in the preparation of production and investment plans.
• Organizes the approval of documents by the employees of the Company in accordance with local regulations governing the document flow of the Company, as well as in accordance with the instructions of the General Director.
• Participates in the development of draft local regulations of the Company on issues related to the competence of the Division.
• Takes into account incoming funds, inventory and fixed assets.
• Controls execution production program according to customer requirements.
• Analyzes the financial results of the Company's activities and participates in the development of measures to increase profitability, reduce costs, and increase the economic efficiency of the Company.

In the description of the function, it is not allowed to use indefinite qualitative adjectives, for example: "ensures correct operation", "provides quality services". In such cases, it is recommended to indicate the requirements (and / or the normative document - the source of the requirements), which the result of the function must meet, for example: "ensures operation in accordance with the manufacturer's operating manual", "provides services in accordance with the customer's requirements." In the case when the source of the rules or requirements is clear from the context, it is allowed to use the following phrases: “in the prescribed manner”, “of proper quality”.

The description of functions in the PP and DI should be comprehensive, that is, all actions that may be required from the Unit or its employee should be described. Therefore, the described functions should be systematized in some way. For example, you can list functions in the following order:

• functions in the development of regulatory documents for other structural divisions;
• functions in the field of methodological guidance;
• functions in the field of monitoring and forecasting;
• functions in the field of planning, development (sections) of the budget, investment projects;
• operational management functions;
• other functions performed by the Unit independently;
• other functions performed by the Division together with other structural divisions of the Company;
• functions in the field of supervising contracts (if they are not defined in other local regulations of the Company);
• functions in the field of accounting and reporting;
• functions in the field of control over the activities of other employees or structural divisions of the Company;
• functions in the field of analysis, development and implementation of measures for the development of the Company.

It is possible to list the functions in the order reflecting the logic and / or the chronological sequence of the unit's work, the life cycle of the unit's main management objects. One way or another, but the way of listing functions should be convenient for both the compiler (to check for completeness) and the reader of the document.

The formulations of functions can be based on the formulations given in.

At the same time, the list of functions should not suffer from redundancy and excessive detail. The conditions and procedure for performing individual functions should be set out in other local regulations - regulations, methodological and work instructions, especially since in some cases the specific actions of the performer largely depend on the context.

Section 4. "Structure"

The section "Structure" indicates which structural divisions the Division consists of, lists the employees of the Company who are directly subordinate to the head of the Division; or it is indicated that "The structure and staffing The divisions are determined by the current organizational structure and the staffing table of the Company. " The first is more convenient in that it is possible to understand from the PP what the resources of the Unit are. The second is more convenient in that it allows not to re-approve the PP when changing organizational structure and / or staffing table.

Section 5. "Interaction"

The section "Interaction" describes the information exchange of the Subdivision with other structural divisions of the Company or persons, bodies and organizations external to the Company.

If the information exchange is not defined by other local regulatory acts of the Company, then the structural divisions and persons, bodies and organizations external to the Company are listed, indicating in what directions or within what activities the interaction takes place, what specific information is received or transmitted.

For instance:

“The HR department interacts with:

• Controlling organizations for activities related to the organization and labor protection;
• The Pension Fund of the Russian Federation and the statistical authorities of the Russian Federation for the preparation and submission of the established reporting;
• trade unions to monitor compliance with labor laws and other regulations containing labor law, organization, rate setting and remuneration;
• contractors - performers of work and services related to staffing. "

The description of interactions in tabular form is possible.

However, a detailed description of interactions burdens the software and deprives it of flexibility when changing the composition and / or even headers of documents transmitted during the exchange of information.

If the information exchange is determined by other local regulatory acts of the Company (for example, the rules of document flow), then a brief wording is used:

“The unit interacts with:

5.1. With employees of structural and separate divisions of the Company - in accordance with the procedure established by local regulations of the Company.

5.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation. "

In the latter case, it is understood that the employee performs his representative functions on the basis of a power of attorney issued to him in accordance with the established procedure, or on other legal grounds.

In this section, we will take a closer look at the content of CI for managers, specialists and employees. For the sake of clarity, we continue to assume that this document is being developed for a joint-stock company or a limited liability company (in the examples of wording, the organization will be referred to as the “Company”). The approximate form of the CI is given in Appendix 2 to the article.

Section 1. "General Provisions"

1.1. The full and abbreviated name of the position of the employee of the Company (hereinafter referred to as the Employee) is given.

1.3. The full name of the position of the employee's immediate supervisor is indicated. The full names of the positions of the operational, methodological or other managers of the Employee (if any) are indicated.

See the commentary to paragraph 1.4 of the PP.

Sometimes this part of the CI lists employees and structural units that are directly subordinate, under operational or methodological guidance. this employee... This information appears to be superfluous as it is contained in the organizational structure and staffing table of the organization subject to approval.

1.4. The procedure for hiring and firing an Employee is described.

As a rule, “An employee is hired and fired director general Of the Company in accordance with the procedure established by the current labor legislation of the Russian Federation upon the submission of ... (indicated, if necessary) in agreement with ... (indicated, if necessary). "

1.5. The procedure for replacing the Employee in case of his absence is indicated:

See the commentary to paragraph 1.5 of the PP.

1.6. The requirements for education, qualifications or special knowledge, permits, admissions, certificates, as well as the length of service of the Employee are indicated.

As a basis, the requirements given in. Requirements should not be discriminatory (Article 3 of the Labor Code of the Russian Federation).

1.7. The normative acts that the Employee is guided by in their activities are listed.

See the commentary to clause 1.6 of the PP.

1.8. The knowledge that the Employee must possess is listed.

Usually indications of knowledge are given:

• the current legislation of the Russian Federation and industry-specific regulations on the profile of the employee's activity;
• local regulations of the Company for the profile of the employee;
• the structure of the Society, tasks and functions of its structural divisions;
• rules and regulations of labor protection.

Depending on the nature of the employee's activity, knowledge is indicated:

• development strategy of the Company (for top managers of the Company or for positions that have the right to access such information) - if the strategy of the Company is documented and properly approved;
• the basics of the operation of computer equipment, communications and communications - if the work involves the use of such means;
• etc.

The above list of knowledge can be expanded. As a basis, the requirements for the knowledge of the employee given in.

Note that the knowledge specified in this section of the CI must be documented and appropriately validated. The presence of the required knowledge of the candidate when applying for a job is confirmed by the presentation of the relevant certificates, certificates, licenses, etc. The knowledge of an employee can be verified both by authorized third-party organizations (for example, training centers), and through internal checks, tests (the procedure for conducting such checks should be established by the organization's local regulations).

1.9. The working mode of the Employee is determined. Reference may be made to the Internal Labor Regulations. Features of the operating mode, including the need for business trips, can be specified in this paragraph.

1.10. The procedure for approval and enforcement of the CI, changes and additions to it is determined.

As a rule, "This Job Description, amendments and additions to it are approved and put into effect by order of the General Director of the Company", but for units subordinate directly to the General Meeting of Shareholders (participants) or the Board of Directors, it is necessary to indicate: “in agreement with the General Meeting of Shareholders (participants) (by the Board of Directors) ".

Section 2. "Job responsibilities"

It is advisable to distinguish two subsections in this section, the first of which includes specific duties (functions) performed by the employee holding the given position, and the second includes duties common to all (or for certain groups) of employees.

For heads of structural divisions, the following functions are additionally included:

Supervises the employees of the Company and the structural divisions of the Company that are directly subordinate to him.

"Leads ..." - means: defines tasks for the participants to perform any actions (works, events, projects, etc.); coordinates their activities; controls the achievement of the required and intermediate results; submits for consideration by the General Director of the Company proposals (submissions) on the appointment, relocation, dismissal, encouragement, imposition of disciplinary sanctions on subordinate employees. Participates in the development of the organizational structure, staffing table, forms of remuneration of the structural divisions of the Company, which are directly subordinate to it.

For workers who provide methodological guidance to other workers, the ID should indicate what exactly the methodological guidance consists of. For instance:

Organizes the development of a set of document formats for planning and reporting purposes for the current, financial and investment activities of the Company's business units. Provides methodological assistance to heads of structural divisions of the Company, heads of working groups in performing calculations, expert analysis calculations of the economic efficiency of their proposed projects and solutions.

The content of the operational management and other types of management should be similarly detailed.

It is advisable to include in the employee's functions his participation in certain commissions, committees, councils, expert and working groups, etc., especially if the Company does not provide for a separate employee remuneration for participation in the work of these bodies.

The functions given in the ID of an employee of a department must correspond to the functions of this department, as enshrined in the PP. This means that the employee either performs the entire function specified in the PP, in its entirety, or part of it, or performs an internal function for the unit (it may not be indicated in the PP), which is necessary to perform the functions of the unit.

For convenience, the developer can draw up a "responsibility matrix" of the unit - a table that lists the functions of the unit (by rows) and the positions of the employees of the unit (by columns), and at the intersection of the row and column, the role of this employee in the performance of this function is indicated: initiates, organizes, participates, provides, performs independently, controls, etc. (see commentary to section 3 of the RP). If necessary, in the description of the function, it is necessary to indicate with what regularity this function is performed: with a given frequency, at the direction of the manager, or upon the occurrence of other specific events.

It is important to note that DI should "work" not only in a normal situation, but also in an emergency situation. It is recommended that in the DI the employee is given the right to make a decision on the situation himself, or he is obliged to immediately report to the immediate supervisor about the emergency situation. The number of functions provided in the ID should not be too large. The optimal number varies from 10 for positions lower level up to 20 for top-level positions. Otherwise, the document ceases to be perceived and, therefore, becomes inoperative. In order to fulfill this recommendation, the developer is advised to:

• combine some functions (to a reasonable extent);
• indicate the requirements for the result, and not for the processes leading to it (it is formulated as: "to provide such and such a state of the control object");
• to revise the "vertical" distribution of functions between the manager and subordinates, senior and junior, to a reasonable extent delegating certain functions (along with rights and responsibilities) "from top to bottom";
• revise the "horizontal" distribution of functions between subcontractors within the framework of a single process (rational delineation of functions is characterized by the fact that the employee is responsible for performing a logically completed process, obtaining a product (or semi-finished product) with certain qualities that can be independently verified; in this case, in the ID from the description of actions you can go to the description of the requirements for the results);
• set out detailed descriptions in other local regulations (regulations, methodological and work instructions).

It is important to keep in mind that the composition of the functions should correspond to the employee's base salary. The basic wages of employees with identical ID must be the same (cf. Art. 22 of the Labor Code of the Russian Federation).

Subsection 2.2

In the second part of the section, it is advisable to include responsibilities common to all (or for certain groups) workers. Some of these obligations have already been formulated in Art. 21. of the Labor Code of the Russian Federation, and therefore there is no need to repeat it in the ID. It is advisable to specify the following responsibilities:

2.2. The employee undertakes:

2.2.1. Follow the instructions of the immediate supervisor, operational supervisor, methodological supervisors (if any).

If an employee, in the performance of his job duties, must comply with the requirements established by the regulatory enactments of third parties (for example, customers), then these requirements should be indicated in this subsection. For instance:

2.2.5. Comply with the requirements of the corporate standards of the Company's customers on health, safety, environmental protection and road safety when using vehicles to fulfill the contracts concluded with customers.

It is worth recalling that in this case, the employer must familiarize the employee with such regulations.

In some organizations, the CI format involves the indication of parameters by which the performance of an employee of a particular function is measured, or the establishment of specific target values ​​for such parameters, or norms / standards for the performance of functions. For example, you can find the distribution of working time (as a percentage) between the functions performed by the employee. In our opinion, such an indication is incorrect, since:

• there may be functions performed irregularly, for which it will be difficult to assess the norm, or functions performed in emergency cases - by laying on them a non-zero percentage of time, we agree that emergencies will occur;
• it is not clear how to take into account the actual distribution of time (and this will have to be done, since the planned indicators are indicated);
• the legal consequences of deviations of actual indicators (random or systematic) from the established indicators are unclear.

For example, does an employee have the right to demand any compensation if the time spent on performing a certain function is exceeded by 1%? After all, the employer, approving the ID in this form, in fact, is obliged to comply with the established norms. Or, on the contrary, should a penalty be applied to the employee, because he exceeded the norm for performing one function to the detriment of another? A deviation of 1% per working day is excusable, but per week or per month? ...

Specifying any fixed parameter values ​​also deprives the CI of flexibility, since it forces them to be reapproved when the established norms change.

Section 3. "Rights"

The section "Rights" lists the employee's rights, that is, the statutory capabilities of the employee to act in a certain way or to demand certain actions from other employees of the Company. The employee is empowered to perform his job duties. The employer ensures the implementation by the employee of his rights (Article 22 of the Labor Code of the Russian Federation). O

the employee's basic rights are formulated in art. 21 of the Labor Code of the Russian Federation, so there is no need to repeat them in the ID. The specific rights of an employee should be determined by his job duties. Each employee has the right to information interaction related to the performance of job duties:

In some versions of the ID samples (for example, c), the rights to information interaction contain the following wording: "To get acquainted with the draft decisions of the Company's management regarding its activities, the activities of the headed division (for the heads of divisions)." However, accepting this formulation, we find ourselves in the same collision as with "meetings". A “draft decision” is a rather vague object: it can exist orally, in the form of numerous variants passing through different instances. Not every such option is physically possible, and it is hardly advisable to acquaint the employee upon his request. Therefore, it is possible to use two mechanisms:

1. the employee gets acquainted with the decision made without fail (Articles 22, 68 of the Labor Code of the Russian Federation), signing a sheet of familiarization with the order, order or other administrative document, and in case of disagreement with it, he has the right to appeal it, using the right to protect his labor rights, freedoms and legitimate interests in all ways not prohibited by law (Art. 21 of the Labor Code of the Russian Federation);
2. taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations (the procedure is established by Articles 372, 373 of the Labor Code of the Russian Federation; see also clauses 23, 24).

Depending on the functions performed, the employee may be endowed with the following rights - To represent the Company in the established manner in other organizations within the framework of his competence.

Typically, the scope of rights associated with such a representation is determined by the power of attorney issued to the employee. Basic rights are associated with decision-making, disposal of production resources:

• Initiate any actions (work, events, projects, etc.).
• Approve and coordinate documents within their competence (it is necessary to indicate specific types of documents).
• To suspend the implementation of any lead actions (work, projects, events, etc.) in the event of deviations from the requirements established for their fulfillment revealed during the control (it is necessary to specify the controlled area of ​​activity, types of functions, projects, events, groups of employees, organizations, etc.) P.).
• Do not allow workers, equipment to work (it is necessary to specify which ones and under what circumstances).
• Dispose of the material entrusted to him and in cash(and / or other resources of the Company - it is necessary to specify) within the limits of their competence.

For employees of departments internal control- Conduct inspections of certain employees, divisions and / or in certain areas of the Company's activities (it is necessary to indicate specific types and grounds of inspections).

The right of "horizontal interaction" is important - to attract employees of the Company's structural divisions for working together within the framework of their official duties in agreement with their immediate supervisors.

Heads of divisions are usually empowered to - Submit to the General Director of the Company for consideration proposals (submissions) on appointment, transfer, dismissal, encouragement and imposition of disciplinary sanctions on employees of the headed division.

The next “right of appeal” must guarantee the employee the observance of his rights by the Company - Apply to the immediate supervisor for assistance in exercising the rights provided for by the ID, if they are restricted by other employees of the Company.

The list of employee rights can be expanded.

When empowering employees with rights, it is worth remembering that the employer must ensure their implementation. For example, by granting an employee the right to “undergo retraining (retraining) and advanced training,” the employer must ensure this right with an appropriate budget or provide for other mechanisms for the implementation of this right. Declaring the right to "advance in the service (the right to career growth)", it is also necessary to introduce the employee's free desire into the legal channel, expressed in a formalized system of internal appraisals, inspections, trainings, competitions, etc.

An employee can be given some rights conditionally, namely: this or that action can be performed with the consent of another specific employee (as a rule, the direct, operational or methodological leader or the head of the department to which the employee applies), or upon the occurrence of other specific events, or within certain limits. In such cases, the wording of the law contains the words: "in agreement with ...", "during such and such a period ...", "in the event ...", "within the budget ...", "within its competence ...", etc. ... The presence of consent (including the compliance of the decision made with the established conditions or limits) is confirmed by the approving visa of the relevant employee on a document reflecting the planned or performed action.

You can often find an annoying confusion between job responsibilities and employee rights. A simple rule for determining the differences between them is as follows: the obligation must be performed regardless of the will of the employee, the employee may or may not exercise the right at his own discretion.

There is a peculiarity concerning the managerial rights of the employee in relation to other employees, indicated in: when a non-conformity of product quality is established, the shipment must be suspended; suspension of shipment - right or duty of the QC manager? If only the right, then the boss can either use it or not use it; if only a duty, then the question arises on the basis of what right the superior suspends the shipment. In such cases, it is recommended to include administrative actions in the list of rights, but in the "Responsibility" section, indicate that the employee is responsible for "non-use or incomplete use of his rights" or (broader wording) for "causing material damage to the Company by his actions or inaction." ...

It may be worthwhile to distinguish here between rights and powers, believing that the employee can exercise or not exercise the right at his own discretion, and the power is a kind of obligation, within the framework of which the employee has the right to act at his discretion in one way or another, but which must be performed regardless of the will of the employee. From this point of view, in the previous example, "control quality with the ability to suspend shipments" can be considered as the authority of the head of the quality control department, without including in the rights additionally "the ability to suspend shipments". In the same way, if an employee is authorized to conclude contracts for the supply of an organization with the possibility of choosing a counterparty, then as a result he is obliged to conclude the necessary contract, but the choice of a counterparty will be determined by him independently; Again, the separate right to choose in the "Rights" section does not need to be repeated, and the already mentioned wording from the "Responsibility" section should protect against abuse.

Section 4. "Interaction"

The section "Interaction" describes the employee's information exchange with other structural divisions and employees of the Company or persons, bodies and organizations external to the Company. Requirements for the description of interaction are similar to the above requirements for the description of the interaction of structural units.

Section 5. "Liability"

The section "Responsibility" describes the employee's responsibility for non-fulfillment or improper fulfillment of his job duties, violation of general obligations. The responsibility of the employee must balance his rights. In turn, the rights and responsibilities of the employee should be determined by his job duties. An employee can be brought to disciplinary, material, civil, administrative or criminal liability. In the first two cases, this can be done by the employer; in the rest - competent authorities in accordance with the current legislation of the Russian Federation. The current legislation of the Russian Federation does not establish other types of responsibility, therefore it is completely incorrect to speak of “financial, functional, organizational and managerial” responsibility, as is done, for example, in Art.

As a rule, the responsibility of the employee is personal. In some cases, according to Art. 245 of the Labor Code of the Russian Federation, collective (brigade) material liability can be established.

The responsibility of an employee holding a certain position can be established not only by the ID, but also by other local normative acts of the Company, for example, regulations, regulations, etc. Therefore, it is advisable to specify only standard liability clauses in the CI.

5.1.2. Failure to comply with the labor regulations, orders and instructions for the Company, other local regulations of the Company.

5.1.3. Failure to comply with the instructions of the immediate supervisor, operational and methodological supervisors (if any).

5.1.4. Offenses committed in the course of carrying out their activities.

5.1.5. Causing material damage to the Company by their actions or inaction.

5.1.6. Failure to ensure the safety of the documents and information entrusted to him.

5.1.7. Disclosure of information constituting a commercial secret of the Company.

5.1.8. Failure to comply with the rules of labor protection, safety, industrial sanitation, fire safety, environmental protection, road safety (indicated depending on the nature of the Employee's activities, cf. clause 1.7 of the CI).

For managers or other positions, it is advisable to indicate the responsibility for participation in business of other legal entities or enterprises, whose interests may conflict with the legitimate interests of the employer. This can be done, for example, in this way:

5.1.9. For lack of written information:

The section “Responsibility” ends with the following provision:

Responsibility arises as a result of violation of certain norms. Therefore, “the employee is liable for non-performance ..., non-compliance, ... non-compliance, etc.”. It is impossible to write “is responsible for smooth operation ...”, “… for complete and timely execution…” or “… for quality and timeliness” (cf.).

It is important that the requirements, the violations of which entail the responsibility of the employee, are sufficiently accurately formulated in the regulatory documents (external or internal). Otherwise, it will be problematic for the employer to prove the fact of violation of these requirements. Therefore, when the ID says, for example, about responsibility for poor-quality, untimely performance by an employee of certain duties, the requirements for quality and timeliness should be indicated directly in the ID or a reference to another regulatory document (operating rules, state or industry standards, contractual provisions, etc.) etc.).

About the language of documents

The reader must have noticed, and a professional developer of local regulations knows that the language that is used when writing PP and DI differs not only from the spoken language, but also from the literary Russian language. The main difference is the greater formality, which is akin to the formality of languages ​​of logic, mathematics, programming or jurisprudence. This difference should not be interpreted as "clerical", since the goals of writing PP, CI and other local regulations are a clear and precise statement of the rules of the organization's work, as well as ensuring an unambiguous interpretation of these rules in the event of conflicts and disputes.

1. The wording should be short, clear and not allow for different interpretations, comply with the spelling norms of the Russian language.

In practice, when writing a document, to achieve conciseness and clarity, you should set a "limit" on the number of sentences or lines for describing, say, functions. At the same time, descriptions for lower-level positions should be as short as possible (1 - 2 lines). Otherwise, the descriptions should either be broken down or combined with a more general, but concise formulation.

It is necessary to avoid "suggestions" to the employee by repeating the same position in the PP or CI - the opposite effect can be achieved. Therefore, having formed a draft document, it is necessary to remove from it the wording that is repetitive in meaning.

The clarity of the wording is facilitated by its stylistic consistency. You should not use redundant phrases that do not differ in meaning from the corresponding verb. For example, instead of “keeps records”, “participates”, “exercises control”, “conducts work”, one should simply write “takes into account”, “participates”, “controls”, “performs”.

So, instead of a verbose wording: monitors the maintenance of equipment. Better to write: monitors equipment maintenance.

In the formulations describing the processes, the qualitative characteristics of these processes are unlikely to be appropriate. So, in the wording from the CI administrator of the trading floor - Controls the smooth operation of the trading equipment. The word “uninterrupted” is clearly superfluous: if the work is uninterrupted, then why control it? The discrepancy between the work of the controlled equipment and certain requirements is a reason for bringing the employee to responsibility. Therefore, “continuity”, as well as other qualities of the result of the controlled process, refer to the provisions describing the responsibility of the employee. Thus, the correct short formulation of the function description is as follows - Supervises the operation of commercial equipment.

An extended version of this wording is as follows: it controls the operation of commercial equipment, all preventive maintenance of commercial equipment, and in the event of its failure, takes measures to immediately fix the equipment and preserve products.

2. The texts of documents must use (uniform) terminology, either established by the relevant regulatory enactments, or consistent with established practice in a particular subject area. The use of different terms to denote the same concept is not allowed.

For example, in the wording of the duties of the head of the department of material and technical supply - together with the director for the provision of the Company, plans the need for goods and materials in the context of the business units of the enterprise; controls the execution of contracts for the supply of materials and equipment. The last rule is violated twice: “Society” and “enterprise”, as well as “material and technical resources” (material and technical resource) and “goods and materials” (material and material value), in this context are obviously synonyms, therefore it is more correct to choose one option in each case - together with the Director for Provision of the Company, plans the need for goods and materials in the context of the business units of the Company; controls the execution of contracts for the supply of goods and materials.

Another common mistake: an employee of an organization is called in the same text “employee”, “employee”, “official”. In the PP, ID and other local regulations in relation to a person who is in an employment relationship with an organization, the term "employee" should be used, as used in the Labor Code of the Russian Federation.

The wording looks inconsistent with the prevailing word usage - it uses methods of material and moral incentives. Since in the practice of personnel management, the concept of "material and intangible incentives". In order to avoid such mistakes in the development of documents, it is necessary to use various dictionaries of terms (for example, similar publications) or to involve specialized specialists - at least at the stage of editing a draft document. It is highly desirable that the terminology in all local regulations of the organization is the same. To ensure this requirement, the organization must adopt (and maintain in the prescribed manner) an official vocabulary of terms (glossary); at least the development team should create such a vocabulary for themselves.

3. In the texts of documents, the use of indefinite (with indefinite requirements, with an indefinite result, not limited in time, space, etc.) or declarative formulations is not allowed.

Violations of this requirement (together with the violation of spelling and punctuation rules) are the most numerous in practice. The price to pay for uncertainty can be very high.

It is in order to avoid ambiguity that overloaded (in terms of neutral or colloquial style) language is used in documents. When formulating any provision of the document (order of actions, requirement for the state of something, etc.), it is necessary to trace whether all the essential features of an object or process are described; whether it is indicated directly in the formulation, in its immediate "environment" or in another context, by whom, how, at what time and in what place the given action should be performed or the given object should be presented.

For example, in the wording from the shop manager's ID - to report an accident, incident, accident, fire in the shop to one of the leaders of the Company. Not defined: the term of the message, the addressee of the message, the form and method of documenting the message. It should be stated in such a wording - immediately inform the head of the shop or an employee of the Company who replaces him orally, as well as (within 24 hours) the head of the health and safety and environmental protection service about an accident, incident, accident, fire in the shop; to record the indicated fact in the dispatch log until the end of the shift.

Alternatively, the above extended wording can be included in the document regulating the rules of conduct in the event of incidents, but only in this case, the original wording with the addition: "in due course" can be accepted in the controller's ID.

The wording from the CI of the Director of Transport Operations is to know ... the current legislation of the Russian Federation. From a formal point of view, it is correct, but practically impracticable, especially since it meant much less extensive and, most importantly, really necessary knowledge - Know ... the current legislation of the Russian Federation, sectoral regulatory documents in the field of transport and road facilities.

Or even - Know ... the charter of road transport, regulatory documents for road transport, the rules for organizing passenger traffic on road transport, rules and requirements for the transportation of bulky and heavy, dangerous goods.

As already noted, unacceptable from the point of view of the requirement of certainty is, for example, the wording - analyzes production activities… If the purpose of the analysis is not indicated in any way. It will sound much more productive - it develops proposals for the General Director of the Company to improve the quality of services provided by the Company on the basis of an analysis of the results of production activities.

Similarly, you should not abuse not very intelligible words and phrases like "efficiency", "problem solving", etc. For example, the wording sounds very ambiguous - the store administrator resolves issues with the bank on the time of the collection of proceeds, on payment for collection services.

The provision already cited by us from the CI of the Managing Director - organizes production and economic activities based on the wide use of the latest technology and technology, progressive forms of management and organization of labor, scientifically based standards for material, financial and labor costs, studying the market situation and best practices (domestic and foreign) in order to improve the technical level and quality of products (services). Due to its declarative nature, it can raise many questions when evaluating the activities and determining the remuneration of the managing director: was the latest technology widely used, how progressive were the applied forms of management, was it increased in every possible way or fragmentarily technical level products, is it worth considering scientifically justified the labor cost norm approved by the managing director for the repair of oilfield equipment, if it was developed by the financial director with a Ph.D. degree in rocket science? In order to avoid misunderstandings, it is worth getting rid of wording of this kind.

One of the criteria for the certainty of a formulation is the possibility of objective verification (assessment) of its fulfillment or non-fulfillment. Obviously, this criterion does not correspond to phrases such as: "promotes in every possible way", "steadily increases", "progressive", "newest", etc. On the other hand, when a document speaks of, say, “full and timely satisfaction of subdivisions' requests for material and technical resources,” and the organization’s local regulations contain benchmarks for measuring these “completeness” and “timeliness” (indicators such as service level and time of satisfaction of the application) and their target values, then such a formulation will sound quite definite.

Note, however, that once the wording has become sufficiently definite, the developer should keep it as simple as possible.

4. Abbreviations, auxiliary or conditional terms that are not generally accepted, as well as short names are first given in the text in full, after which the required abbreviation is indicated in brackets after the word "further -" or "further in this section -".

For example: department of material and technical support (hereinafter - OMTO); mechanical, including lifting, and power equipment, equipment operating under pressure, electrical, gas and heat networks of the Company, as well as the upper equipment of the company's auto-special equipment (hereinafter in this Job Description - Objects).

5. Rules for writing the names of departments and positions should be established.

It is convenient to write them (not at the beginning of a sentence) with a small letter, for example: Department of Economics and Finance, Legal Department, Engineering and Technology Service, Chief Engineer, Chief Mechanic's Department, Business Development Director, Head of Consolidated Accounting Department, Chief Power Engineer, System administrator.

However, exceptions are made for the names of the top management bodies (usually collegial) and the positions of the top managers of the organization, for example: General Meeting of Members, Board of Directors, Audit Committee, Technical Council, President, Vice President, Chairman of the Management Board, General Director, Managing Director director. In this case, it is necessary to establish a rule for writing derivative names, for example: Chairman of the Board of Directors, Chairman of the Audit Committee, First Vice President, First Deputy General Director, Deputy General Director for Economics and Finance, Secretary of the Managing Director, Secretary of the Technical Council.

It is necessary to ensure that the names of departments and positions are written in the same way in the organizational structure (diagram), staffing table, PP, ID and other local regulations, in correspondence, etc.

On the organization of the development of software and hardware

The most economical seems to be the following way of developing PP and DI (cf.,).

The General Director formulates tasks for the main blocks of the enterprise's activities (sales, production, supply, auxiliary and supporting divisions); then the heads of the blocks formulate the goals of the divisions, after which the top managers jointly check the completeness and consistency of the formulated tasks. At this stage, the expediency of the existence of subdivisions and the correctness of determining the boundaries between them are also analyzed.

Further, the heads of departments transform the tasks of their departments into the functions of their departments and their employees. After coordinating the functions for each position, rights, responsibilities are determined, interactions and qualification requirements are described. The uniformity and consistency of the entire complex of software and engineering information and, more broadly, the entire complex of local regulations of the organization should be ensured by the participation in their development of an employee of the personnel department or the department of labor organization, and in the presence of specialized units (for example, the department of the integrated management system or corporate technologies, etc.) etc.) - employees of the specified divisions. PP and ID templates must be previously agreed with the legal department of the enterprise.

The editorial work should be undertaken by one of the permanent members. working group on the development of software and ID, at the same time ensuring the unity of the style of documents. The aesthetic aspect in the preparation of local regulations is no less important than the substantive aspect. The elegance of the wording allows avoiding the processing of PP and DI when changing the "rules of the game", in particular, when changing or the appearance of new functions. PP and DI are agreed, as a rule, with the heads of the personnel department, the department of labor organization and wages, the legal department, the direct head of the unit or employee, operational, methodological leaders of the unit or employee (if any).

PP and CI are approved by the general director of the organization or by a person vested with the appropriate rights by issuing a corresponding order. PP and DI must be approved no later than the expected date of the first admission or transfer to work of employees in the unit or position.

The original of the approved PP, together with the approval sheet, after registration is transferred to the personnel department for storage. Copies of the approved PP are transferred to the labor and wages department, the head of the unit. The original of the approved ID, together with the approval sheet, is transferred to the HR department for storage after registration. Copies of the approved ID are transferred to the labor and wages department, the head of the department, whose staff includes the position described in the ID, to the employees in the position.

The head of the subdivision, within no more than five working days after the approval of the PP or DI, acquaints the employees of the department with the PP or DI and gives them copies of the PP or DI against signature on the acquaintance sheet. The original acquaintance sheet is transferred to the personnel department for storage. When hiring, newly recruited employees of the unit must be familiarized with the current PP and ID against signature in the acquaintance sheet.

Making additions or changes to the PP and DI is mandatory when:

• changing the structure of the organization, including the reassignment of divisions or positions, changing the names of divisions or positions;
• changing tasks, functions of departments;
• changes in functions, rights, responsibilities, qualification requirements, employee interactions;
• other changes in the organization of work, reflected in the sections of the PP or CI.

Additions, changes to the PP and DI are made by order of the general director of the organization or a person vested with the appropriate rights. A similar order cancels (is considered invalid) the previous version of the document and approves a new one. To ensure the unity of the methodological approach and facilitate the work of developers - specialists of departments, it is recommended to introduce and use methodological instructions for the development of software and ID. This instruction should include: a glossary of terms, basic requirements for documents, standard wording and document templates, the procedure for the development, approval, approval and storage of PP and ID, the procedure for familiarizing employees of the organization with the approved PP and ID, conditions and procedure for making changes and additions to PP and CI.

The latter is important in order to resolve conflicts associated with the need to change the functions of an employee. The procedure should link changes in both the ID and the employment contract with the employee. In addition, the methodological instructions can describe in detail the concepts used in the PP and DI, for example: methodological guidance, operational subordination, descriptions of the roles of performers, etc. This will make the PP and DI more compact and more correct.

Applications

Without pretending to be an absolute truth, for the convenience of the reader, we present in the appendix PP and CI templates. Each organization can and should develop its own ROE and CI templates without deviating from the suggested guidelines.

In the PP and CI templates, the following are highlighted:

• underlining- places in the text in which specific names, functions, etc. must be indicated;
• in italics- places in the text in which you need to choose one of the proposed options;
• [in square brackets] - comments that must be removed after the text of the document is formed.

Appendix 1. Template for the provision of a structural unit

1. GENERAL PROVISIONS

1.1. This Regulation determines the procedure for the creation and dissolution, subordination, the regulatory framework of activities, tasks and functions, interaction subdivision name(hereinafter - Subdivision) Name of company(hereinafter - the Company). Abbreviated name of the Division – …

1.2. The division is an independent structural division of the Company and reports directly to the General Director of the Company[or] reports directly [or] is part of name of the superior unit and reports directly name of the position of the immediate supervisor.

1.3. The division is created and disbanded in accordance with the organizational structure and staffing table of the Company, in the manner determined by the current legislation of the Russian Federation.

1.4. The unit is directly supervised by Job title(hereinafter referred to as the Head of the Division). Operational / methodological management of the activities of the Division is carried out job titles [in the presence of operational or methodological leaders].

1.5. During the absence of the Head of the Unit, his duties are performed by Job title[or] Company employee appointed by order of the General Director of the Company.

1.6. In performing its functions, the Division is guided by:

1.6.1. the current legislation of the Russian Federation;

1.6.2. industry normative and methodological documents in the field …

1.6.3. The Charter of the Company[for units that are required to monitor compliance with the Charter];

1.6.4. [for subdivisions reporting directly to the General Meeting of Shareholders (Members) or the Board of Directors];

1.6.5. these Regulations;

1.6.6. collective agreement;

1.6.7. orders and orders of the General Director of the Company, instructions of the immediate supervisor, [if any];

1.6.8. the internal labor regulations of the Company;

1.6.9. other local regulations of the Company;

1.6.10. regulations on labor protection and industrial safety, rules and norms of labor protection, industrial sanitation, fire protection, environmental safety [indicated depending on the nature of the Division's activities].

1.7. The work schedule of the Subdivision is determined in accordance with the Internal Labor Regulations established in the Company.

1.8. This Regulation, amendments and additions to it are approved and put into effect by the order of the General Director of the Company

2. MAIN OBJECTIVES

The main tasks of the Division are:

2.1. Objective 1.

2.2. Objective 2.

3. FUNCTIONS

To perform the tasks specified in clause 3 of these Regulations, the Division is entrusted with the following functions:

3.1. …

3.2. …

3.3. …

3.4. …

3.5. …

[Other functions performed by the Unit independently].

3.6. …

[Other functions performed by the Division together with other structural divisions of the Company].

3.7. …

[Functions in the field of supervising contracts (indicate the types of supervised contracts), (if they are not defined in other local regulations of the Company)].

3.8. …

[Functions in the field of accounting and reporting].

3.9. …

3.10. …

3.11. …

4. STRUCTURE OF THE UNIT

4.1. The structure and staffing of the Subdivision are determined by the current organizational structure and the staffing table of the Company.

5. INTERACTION

The unit interacts:

5.1. With employees of the Company's divisions - in accordance with the procedure established by local regulations of the Company.

5.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation. [If there is such interaction.]

5.3. …

Appendix 2. Job description template

1. GENERAL PROVISIONS

1.1. This Job Description defines the subordination, the legal and regulatory framework of the activity, job duties, interaction, rights and responsibilities, as well as qualification requirements. Job title(hereinafter referred to as the Employee) Name of company(hereinafter - the Company). Abbreviated title of the position – … [indicated if necessary].

1.2. The employee belongs to the category managers / specialists / employees.

1.3. The employee reports directly name of the position of the immediate supervisor. Operational / methodological management of the Employee's activities is carried out job titles [in the presence of operational or methodological leaders].

1.4. An employee is hired and dismissed by the General Director of the Company in accordance with the procedure established by the current labor legislation of the Russian Federation on presentation Job title [specified if necessary] in agreement with job titles [specified if necessary].

1.5. During the absence of the Employee, his duties are performed Job title[or] an employee appointed by order of the General Director of the Company.

1.6. A person is appointed to the position of an Employee who has higher / secondary / secondary special / vocational education and work experience … positions at least … years.

1.7. When performing official duties, an employee is guided by:

1.7.1. the current legislation of the Russian Federation;

1.7.2. industry normative and methodological documents in the field … [specify subject area];

1.7.3. The Charter of the Company[for positions that are required to monitor compliance with the Charter];

1.7.4. By decisions of the General Meeting of Participants (Shareholders) (Board of Directors)[for positions reporting directly to the General Meeting of Shareholders (Members) or the Board of Directors];

1.7.5. Regulations on subdivision name and this Job Description;

1.7.6. orders and orders of the General Director of the Company, instructions of the immediate supervisor, operational, methodological leaders[if any];

1.7.7. the internal labor regulations of the Company;

1.7.8. other local regulations of the Company;

1.7.9. regulations on labor protection and industrial safety, rules and norms of industrial sanitation, fire protection, environmental safety, road safety [indicated depending on the nature of the Employee's activities].

1.8. The employee must know:

1.8.1. the current legislation of the Russian Federation and industry regulations in the field … [specify subject area];

1.8.2. … [list special knowledge];

1.8.3. the development strategy of the Company [indicated for top managers or for positions that have the right to access such information if the strategy of the Company is documented];

1.8.4. the structure of the Society, tasks and functions of its divisions;

1.8.5. the basics of the operation of computer equipment, communications and communications [indicated depending on the nature of the Employee's activities];

1.8.6. rules and regulations of labor protection.

1.9. The Employee's work schedule is determined in accordance with the Internal Labor Regulations established in the Company.

1.10. This Job Description, changes and additions to it are approved and put into effect by order of the General Director of the Company as agreed with the General Meeting of Shareholders (Participants) (Board of Directors)[for subdivisions reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors].

2. OFFICIAL RESPONSIBILITIES

2.1. The employee performs the following job duties: [For the heads of departments, first, the main functions are listed that meet the tasks of the employee's department being headed (according to the Regulations on the department)].

2.1.1. …

[Development functions regulatory documents for other units].

2.1.2. …

[Functions in the field of methodological guidance].

2.1.3. …

[Functions in the field of monitoring and forecasting].

2.1.4. …

[Functions in the field of planning, development (sections) of the budget, investment projects].

2.1.5. …

[Operational management functions].

2.1.6. …

[Other functions performed by the Employee independently].

2.1.7. …

[Other functions performed by the Employee together with other Employees or structural divisions of the Company].

2.1.8. …

[Functions in the field of supervising contracts (indicate the types of supervised contracts), if they are not defined in other local regulations of the Company].

2.1.9. …

[Functions in the field of accounting and reporting].

2.1.10. …

[Functions in the field of monitoring the activities of other employees or departments (for compliance with certain (indicate what) tasks, requirements, standards, etc.)].

2.1.11. …

[Functions in the field of analysis, development and implementation of measures for the development of the Company].

2.1.12. …

[For heads of departments - functions in the area of ​​leadership]

2.1.13. Coordinates the work of the structural divisions of the Company that are directly subordinate to it.

2.1.14. Participates in the development of the organizational structure, staffing table, forms of remuneration of the structural divisions of the Company, which are directly subordinate to it.

2.2. The employee undertakes:

2.2.1. Follow the instructions of the immediate supervisor, operational leader, methodological leaders[if available].

2.2.2. Fulfill the obligations and requirements established by the local regulations of the Company.

2.2.3. Ensure the safety of the documents entrusted to him.

2.2.4. Not to disclose information that has become known to him due to the nature of his activity, which is a commercial secret of the Company.

3. RIGHTS

The employee has the right:

3.1. Attend meetings, meetings, meetings [to be specified] on issues related to his activities, activities of the unit headed[for heads of departments].

3.2. Request and receive from employees of structural divisions of the Company information and documents necessary for the performance of their duties in the manner prescribed by the relevant local regulations of the Company.

3.3. To represent the Company in the established manner in other organizations, on issues within its competence.

3.4. Initiate … [needs to be specified].

3.5. Reconcile …

3.6. Approve … [Specific types of documents must be specified].

3.7. Pause execution … in the case of deviations from the requirements established for their fulfillment identified during the control [it is necessary to specify the controlled area of ​​activity, types of functions, projects, activities, groups of employees, organizations, etc.].

3.8. Do not allow to work … [it is necessary to specify in case of non-observance of what conditions this right is exercised].

3.9. To dispose of the material and monetary resources entrusted to him [and / or other resources of the Company - must be specified] within the limits of his competence.

3.10. Submit proposals for improving the work related to the responsibilities provided for in this Job Description for consideration by the immediate supervisor.

3.11. Engage employees of structural divisions of the Company for joint work within the framework of fulfilling their official duties in agreement with their immediate supervisors.

3.12. Apply to the immediate supervisor for assistance in exercising the rights provided for by this Job Description if they are restricted by other employees of the Company.

3.13. Submit for consideration by the General Director of the Company proposals (submissions) on the appointment, transfer, dismissal, encouragement and imposition of penalties on the employees of the headed division [for the heads of divisions].

4. INTERACTION

The employee interacts:

4.1. With employees of structural and separate divisions of the Company - in accordance with the procedure established by local regulations of the Company.

4.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation [if there is such interaction].

4.3. … [specify other interactions].

5. LIABILITY

5.1. The employee is responsible within the limits determined by the current legislation of the Russian Federation for:

5.1.1. Failure to perform (improper performance) of the duties assigned to him, provided for by this Job Description.

5.1.2. Failure to comply with the internal labor regulations, orders and instructions for the Company, other local regulations of the Company.

5.1.3. Offenses committed in the course of carrying out their activities.

5.1.4. Causing material damage to the Company by their actions or inaction.

5.1.5. Failure to ensure the safety of the documents and information entrusted to him.

5.1.6. Disclosure of information constituting an official and commercial secret of the Company.

5.1.7. Failure to comply with the instructions of the immediate supervisor, operational and methodological leaders[indicated if available].

5.1.8. Failure to comply with the rules of labor protection, safety, industrial sanitation, fire safety, environmental protection, road safety [indicated depending on the nature of the Employee's activities, cf. p. 1.7.9 CI].

5.1.9. [for heads of departments] For lack of written information:

5.1.9.1. on the possession by the Employee (or his spouse, parents, children, full or half brothers and sisters, adoptive parents or adopted children) of shares (stakes, shares) in legal entities (this obligation does not apply to the ownership of non-controlling stakes in companies, listed on the Moscow, New York or London stock exchanges);

5.1.9.2. about direct or indirect employment or interest, participation in any form or capacity (as a lessor, customer, agent, consultant, employee or in any other capacity) in the business of a person who:

• is a counterparty of the Company, a counterparty of a subsidiary and / or affiliate of the Company; or
• negotiates an agreement with the Company, its subsidiaries and / or affiliates; or
• acts as a party to a court proceeding in which the Company, its subsidiary and / or affiliate is involved; or
• implements the same project with the Company, its subsidiaries and / or affiliates;
• if the specified ownership or employment or interest creates a situation for the Employee of a present or potential conflict of his interests with the legitimate interests of the Company.

5.2. Failure by the Employee to comply with the requirements of this Job Description may be grounds for termination employment contract with him.

Appendix 3. Varieties of leadership

Authority of the head	Operational manager	Methodical leader	Immediate supervisor
Initiation of recruitment			+
Initiation of dismissal			+
Placement, movement of employees within the unit			+
Initiation promotion			+
Initiation of application of penalties			+
Initiation of professional development			+
Defining working methods		+	+
Monitoring compliance with established working methods		+	+
Issuance of current orders, tasks	+		+
Monitoring the execution of orders, tasks	+		+
Reporting requirement	+	+	+

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According to U. Eco, ethics begins when the Other comes to the scene.

The provisions on representative offices, branches and separate divisions differ in form and content from the provisions on a structural division and are not considered in this article.

For these purposes, "job profiles", "professiograms", and other documents that have the status of working or analytical are suitable.

A variety of guidelines are described in Appendix 3.

When specifying, it is necessary to avoid a broad interpretation of the concept of "meeting", since any operational discussion of issues by a group of persons consisting of two or more people can be classified as such. You can limit the range of meetings by specifying, for example, that meetings with a previously distributed agenda are considered, based on the results of which minutes should be drawn up, or that we are talking about regular meetings (planning meetings, conference calls, etc.).

Any organization in its work relies not only on legislative, legal and regulatory-methodological documents of national importance, but also on organizational and legal documents developed by the organization itself ... Such documents include: charter, regulations, regulations, staffing, instructions, job descriptions.

Consider the concept, purpose, structure and features of the charter, provisions and regulations of an enterprise, institution, organization.

Charter of an enterprise, institution, organization

In accordance with Art. 52 of the Civil Code of the Russian Federation “a legal entity acts on the basis of the charter, or the articles of association and articles of association, or only the articles of association. In cases provided by law, a legal entity that is not commercial organization, may act on the basis of a general regulation on organizations of this type. "

In many cases, the articles of association are the main constituent document of a legal entity.

Under the charter as an organizational document , means a set of rules governing the activities of organizations, institutions, societies and citizens, their relationship with other organizations and citizens, rights and obligations in a particular area of ​​government, economic or other activities.

The charter of a legal entity is approved by its founders (participants) and is subject to state registration according to established order. The charter refers to the obligatory constituent documents for the creation of non-governmental commercial organizations.

The charter should define : the name of the legal entity, its location, the procedure for managing the activities of the legal entity, as well as other information provided for by law for legal entities of the corresponding type.

General requirements the procedure for the preparation, registration and content of the charter of a legal entity is given in part one of the Civil Code of the Russian Federation and other legislative acts. Let's name some of them:

• limited liability company charter (LLC) - Art. 89 of the Civil Code of the Russian Federation and Art. 11, 12 of the Federal Law "On Limited Liability Companies" dated February 8, 1998 No. 14-FZ;
• additional liability company charter (ODO) - Art. 95 of the Civil Code of the Russian Federation;
• articles of association (JSC) - Art. 98 of the Civil Code of the Russian Federation and Art. 11-14 of the Federal Law "On Joint Stock Companies" dated December 26, 1995 No. 208-FZ;
• institution charter - Art. 14 of the Federal Law "On non-profit organizations"Dated January 12, 1996 No. 7-FZ.

Regulations on the organization, structural unit, collegial (or deliberative) body

Position Is a legal act that determines the procedure for education, legal position, tasks and functions, rights and obligations, organization of work of institutions, structural divisions, services.

Organization regulations refers to the constituent documents. It determines the status of the organization, the procedure for its creation, place in the management system, internal structure, functions, competence, responsibilities, the procedure for reorganization and liquidation.

Mandatory details of the organization's regulations are: the name of the higher authority, the name of the organization, the name of the type of document, date, number of the document, place of compilation, title to the text, signature, stamp of approval, seal imprint.

Regulations on the structural unit Is a legal act that defines the status, functions, rights, duties and responsibilities of structural units.

Subdivision provisions can be standard and individual. Model Provisions are developed for the same type of organizations and structural units. Individual provisions are developed on the basis of typical ones.

There are no statutory requirements for the content of the regulation on the unit. The text of the regulation on the unit may include the following sections :

Mandatory details of the regulation on the structural unit : name of the organization, name of the type of document, date and number of the document (with direct approval by the head), place of preparation, title to the text, signature, document approval visas, stamp of approval.

The concept, sections of the text, details of the regulation on a collegial (or deliberative) body are similar to the concept and sections of the text and details of the regulation on a structural unit.

Regulation as a legal act

Regulations - a legal act establishing the procedure for the activities of the management of an organization, a collegial or deliberative body.

The text of the regulation consists of sections with independent headings and divided into paragraphs and subparagraphs numbered in Arabic numerals. The regulations of a collegial or deliberative body determine :

In the process of preparation, regulations go through a stage of discussion at a meeting by members of a collegial or advisory body, a stage of agreement with interested departments and the legal service, a stage of approval by the head of the organization or the head of the collegial body.

Mandatory details of the regulations : name of the organization (name of a collegial or deliberative body, if the regulation is dedicated to this body), type of document, date, document number (with direct approval by the head), place of compilation, title to the text, document approval visas, signature, approval stamp.

APPROVED
General manager
JSC "Company"
____________ P.P. Petrov

"___"___________ G.

COMPANY STANDARD

Quality Management System

The order of development and implementation, requirements for construction, presentation, content
and the registration of the regulations on the unit

Instance No. ____________

JSC "Company"

COMPANY STANDARD

Quality Management System
The order of development and implementation, requirements for construction, presentation, content
and the registration of the regulations on the unit

Foreword

1. DEVELOPED AND INTRODUCED
Rflhjd department

2.PUT INTO ACTION
By order for OJSC "Company" dated "" 20__ No.

3. Requirements of STP QMS _________ meet the requirements
ISO 9001: 2008

1. Scope and scope
2. Normative references
3. Definitions and abbreviations
4. General provisions
5. Requirements for the content of the regulation on the division
6.Requirements for the registration of the regulations on the subdivision
7. The procedure for making changes to the regulation on the structural unit
8.Accounting and keeping the position of the division
9.Monitoring compliance with the requirements of the standard
Appendix A "Form of the change registration sheet"
Appendix B "Form of the sheet for familiarization with the regulation"
Appendix B "Form of the first sheet of the regulation on the unit"
Appendix D "Form of the table of service relationships of the unit"
Appendix E "Form of the register of registration of provisions on structural divisions"
Appendix E "Form of the journal for issuing copies of provisions on divisions"
Appendix G "Form of the protocol of inspection of subdivisions"
Change registration sheet

1 Scope and scope

1.1 This instruction establishes general requirements for the structure, presentation, content, design, procedure for development and implementation, for making changes to the Regulations on structural divisions.
1.2 The instruction is obligatory for all divisions of OJSC “Company”, within the framework of the quality management system.

2 Normative references

2.1 This manual takes into account the requirements of the following documents:
- ISO 9000: 2005 “Quality management systems. Fundamentals and vocabulary. "
- ISO 9001: 2008 “Quality management systems. Requirements."
- GOST R 1.5 - 92 " State system standardization of the Russian Federation. General requirements for the construction, presentation, design and content of standards ";

3 Definitions and abbreviations

3.1 Definitions:
Regulations on a structural unit - a normative legal document that determines the order of formation, organization of work, goals and functions, functional relationships of the structural unit.
Structural unit - a separate unit of the enterprise, endowed with its own goals and functions.
Target - general purpose subdivision, the desired result of the subdivision, achieved through the successful implementation of functions.
Function - the direction of the unit's activities.
Tasks - the stages of the successful implementation of the function.
Subdivision rights - the ability to demand (recommend, prohibit, propose) from other structural subdivisions of the enterprise to perform any actions or provide data.

3.2 Abbreviations:
QMS - quality management system;
STP - enterprise standard;
MI - methodical instructions;
OK - HR department;
OTK - technical control department;
OJSC is an open joint stock company.

4 General

4.1 Regulations are developed only for independent structural divisions, for example, a shop, a department, which have their own special functions and tasks. Regulations are not being developed on bureaus that are part of a larger subdivision (department) and services that unite separate structural subdivisions (for example: chief engineer service, etc.).
4.2 The regulation on the structural unit is developed and adjusted by the head of the structural unit in the following terms:
- in case of creation of a new structural unit no later than 1 month from the date of its creation;
- if it is necessary to make changes to the current regulation (change of name, goals, functions, relationships and other fundamental points) no later than 2 weeks from the date of entry into force of the changes. The procedure for making changes is defined in the corresponding section of this manual.
4.3 The regulation on the structural unit is agreed with the head of the relevant service, the leading QMS engineer, the head of the legal department, the head of the personnel department, if necessary, with the heads of the related departments concerned, and approved by the general director or his first deputy. The approving signatures are located at the end of the text of the regulation on the subdivision; the date of signature, position and decryption of the signature must be indicated.
4.4 Consensus signatures mean:
- the head of the service - the correctness of the information stated in the position: goals, functions, tasks, relationships, rights, subordination of the subdivision, responsibility of the head of the subdivision;
- the head of the personnel department - compliance of the names of structural divisions, positions, structure of the division with the staffing table specified in the regulation; fulfillment of the requirements for the registration of the regulation;
- the head of the legal department - compliance of the information stated in the regulation with the current legislation;
- leading QMS engineer - compliance of the regulation with the requirements of the quality management system.
4.5 The period of validity of the regulation - from the date of approval within 5 years, in case of amendments - within 5 years from the date of the last amendment. The heads of structural divisions are obliged to check the correctness of the information contained in the regulations on the structural division at least once a year and, if necessary, make proposals for updating it.

5 Requirements for the content of the provision on the subdivision

5.1 Necessary sections of the regulation on the division (the order of the sections is mandatory):
- the name of the position with the indication of the name of the structural unit in accordance with the staffing table;
- general provisions;
- goals;
- functions and tasks;
- internal structure;
- rights;
- relationships with other departments;
- responsibility of the head of the structural unit;
- conclusion;
- change registration sheet (form in Appendix A);
- a sheet of familiarization with the regulation (form in Appendix B).
5.2 The text of the divisional clause should be accurate, avoid different interpretations, and be coherent.
5.3 The first sheet of the regulations on the subdivision is drawn up in accordance with Appendix B.
5.4 The section "General Provisions" should indicate:
- full (in accordance with the staffing table) and abbreviated (in accordance with the abbreviations adopted at the enterprises) name of the structural unit;
- characteristics of the place of the unit in the organizational structure of the enterprise:
- what service does the subdivision include, to which of the top-level managers of the enterprise the subdivision is subordinated;
- who is directly in charge of the unit (job title in accordance with the staffing table);
- with which third-party organizations and divisions of the enterprise it cooperates in the course of its activities (list);
- a list of documents regulating the work of the unit.
- a list of the main regulatory documents (external and internal) that regulate the work of the unit.
5.5 Section "Objectives" contains the formulation of the objectives of the unit, guiding the activities of the unit, purpose, the role of the unit in the organizational structure of the enterprise. The goal of a subdivision is understood as a result, the achievement of which is necessary and predetermines the direction and nature of the subdivision's activities.
5.6 Section "Functions and Tasks" is the main section of the regulations on the unit and contains the characteristics of this unit in the enterprise. The functions are more focused on the production process of activities, the function reveals the ways to achieve the designated goal of the unit. Tasks should be focused on the final result of the activity, more specific and specific in comparison with the functions. When describing tasks, it is advisable to focus on the sequence of operations in the process of functioning in relation to this unit. The wording of each function and task should be:
- substantive - that is, to determine what activity is carried out and what objects it concerns;
- unique - that is, characteristic of this particular unit;
- defined in space - that is, contain data about which area of ​​activity this function or task concerns and who is its executor.
5.7 The section "Internal structure" should contain the following information:
- a list, full and abbreviated (in accordance with the staffing table) names of the constituent parts of the unit (sections, bureaus);
- the names of positions (in accordance with the staffing table) of the heads of each of the component parts of the unit and an indication to whom they report directly.
5.8 The "Rights" section includes a list of rights enjoyed by the head of the department, his employees in relation to other departments of the enterprise.
5.9 The section "Relations with other departments" includes the characteristics of both incoming and outgoing information that this department exchanges with other departments of the enterprise. When reflecting information links, it is advisable to group documents (and works) into 4 positions:
- basic information (directive and instructive, regulatory data);
- scheduled and reporting;
- operational;
- other information.
It is recommended that this section be presented in the form of a table with the headings "Subdivision transfers", "Subdivision receives"; in the columns of the table, the name of the divisions, the type of document, the period, the frequency are indicated (the form of the table is in Appendix D). It is also possible to disclose the relationship of a department by listing departments, third-party departments, functionally related to it, and listing on what issues exactly the interaction takes place. The names of all structural divisions must correspond to the staffing table.
5.10 The section "Responsibility of the head of the department" includes a description of the main positions for which the head of the department is personally responsible to the higher management. For example, the unreliability of the documents prepared by the department, the incorrect application of the normative documents governing the work of the department. If necessary, the degree of responsibility is also emphasized - full or partial.
5.11 Section "Conclusion" should contain:
- a list of normative documents, in accordance with which the present regulation on the subdivision was drawn up;
- list officials who have the right to make proposals for its amendment.

6 Requirements for the design of the regulations on the unit

6.1 Sections of the provision on subdivision can be divided into clauses, clauses, if necessary, can be divided into sub-clauses. Sections, subsections, clauses and subclauses should be numbered with Arabic numerals (for example, 5, 5.1, 5.1.1).
6.2 Section headings are capitalized, not underlined, highlighted in bold.
6.3 Clauses and sub-clauses may contain enumerations, each item of the enumeration is preceded by a hyphen or a lowercase letter, preceded by a parenthesis (for example, a), b)).
6.4 For the text part of the regulation on the subdivision, the font Times New Roman No. 14, one and a half line spacing is used.
6.5 All sheets of the regulations on the division must be numbered. Sheets are numbered in the lower right corner of the sheet.

7. The procedure for amending the regulation on the structural unit

7.1 The need to make changes can be caused by production needs (change in the organizational structure, change in the functions of the unit) and based on the results of external audits.
7.2 The basis for making changes to the current regulation on the unit is the memo of the head of the structural unit, agreed with the head of this service and the head of the legal department; the memo is sent to the personnel department.
7.3 Amendments to the original regulations on the unit are carried out by the personnel department with the registration of a notice of change and memo to the head of the structural unit on the need to amend the copy of the regulations stored in the unit.
7.4 A change in the regulation on a subdivision comes into force from the moment of approval of the notice of the change.
7.5 The head of the structural unit makes a copy of the regulations on the unit stored in the structural unit on the basis of the change notification submitted by the personnel department no later than 7 days from the date of receipt of the notification.
7.6 Information about the changes made is indicated on the change registration sheet (by the personnel department in the original regulations, by the head of the structural unit in a copy stored in the department), that is, the serial number of the change, the date of the change, the signature of the person who made the changes, the registration number of the change ...
7.7 The head of the structural unit is obliged to familiarize the staff of the subordinate unit with the changes in the regulations on the department against signature in the acquaintance sheet within 7 days after receiving the notification of the change, a copy of the acquaintance sheet is transferred to the personnel department and attached to the original regulations on the unit stored in the personnel department.
7.8 If it is necessary to correct more than three sheets of the current regulation, no changes are made, and the regulation on the subdivision is fully updated and re-approved. The re-approval procedure is similar to the procedure for the development of a new regulation. In case of re-approval, on the first sheet of the new regulation on the subdivision, after the approval signature, it is indicated instead of which (registration number, date) regulation it was developed (for example, "Instead of the regulation on the personnel department No. 51-01 of 02/12/2008").

8. Accounting and storage of the regulations on the unit

8.1 The approved regulation on the unit, its electronic version is sent to the personnel department for registration no later than 7 days from the date of approval. Responsible - the head of the structural unit. In case of non-transfer of the electronic file to the personnel department, the regulation on the unit is not registered and is not accepted for storage.
8.2 Registration of the situation is carried out by the personnel department in a special journal (form in Appendix D). Position codification is carried out according to the principle: XX - AAA, where XX is the number of the structural unit, AAA is the registration number.
8.3 After registration, the original of the regulations on the unit is stored in the personnel department, a copy is transferred by the personnel department to the unit against signature in the journal for issuing copies (form in Appendix E) no later than 7 days from the date of registration.
8.4 The provisions on the subdivision that have become invalid are stored in the personnel department for 1 year, then they are transferred to storage in the archive of the enterprise with the registration of an inventory and an act of transfer.

9. Monitoring compliance with the requirements of the standard

9.1 Control of compliance with the requirements of this methodological instruction is assigned to the personnel department.
9.2 For control purposes, the HR department conducts inspections of divisions at least once a year with the execution of an inspection protocol (the protocol includes data on compliance with the requirements of MI SMK 5-001 and MI SMK 5-002, form in Appendix G).
9.3 The results of inspections of departments are brought to the attention of the head of the relevant service.
9.4 If necessary, deviations from the requirements of this methodological instruction must be eliminated by the head of the unit no later than the date specified in the inspection protocol. In case of non-observance of the deadlines for the elimination of comments, it is possible to impose disciplinary action on the head of the structural unit.

Department Regulations Is an internal organizational and administrative document that establishes the status, functions, rights, duties, responsibilities and connections of a structural unit of an enterprise (organization). In this definition and hereinafter, a department means any structural unit, including a service, group, bureau, unit, laboratory, etc.

Typical department regulations may include the following sections:
1. General Provisions, which indicates the full name of the department, the date, number and name of the document on the basis of which it was created and acts, what is guided in its activities, to whom it is subordinate, the procedure for appointing and dismissing the head, etc.
2. Main tasks that determine the purpose and direction of the unit's activities.
3. Functions, i.e. types of work (actions) that the department must perform in order to carry out the tasks assigned to it.
4. Rights, which must be possessed by the management for the effective functioning of this structural unit.
5. A responsibility- types of disciplinary, administrative and other responsibilities that the manager bears in the performance of duties (functions).
6. Relationships (relationships) department with other departments.

Model provisions on divisions (departments, services, etc.)

Below are the examples and standard models of provisions on divisions (departments) developed in different organizations and for various industries and spheres of activity, including agriculture, construction, education, production, trade, medicine, etc. The administration of the site is not responsible for the content of documents.

Automated control system department
Regulations on the department of the chief designer
Regulations on the Chief Power Engineer Department
Regulations on the personnel department
Regulations on the department of capital construction
Quality control department regulations
Marketing Department Regulations
Regulations on the department of MTS (material and technical supply)
Regulations on the department of OOTiZ (organization of labor and wages)
Regulations on the Information Security Department
Legal Department Regulations
Regulations on the design department (bureau)
Regulation on the department of technical control

Administrative and organizational documentsare intended to ensure the solution of a wide range of problems of managing people and economic objects, both at the global (interstate and state) level, and at the local level - by enterprises, organizations, production teams, etc.

Administrative and organizational documents include: regulations, plans, charters, rules, reports, contracts, agreements, instructions, etc.

REGULATION, RULE, INSTRUCTION

Position - a regulatory act that is of a consolidated nature and determines the structure, functions, competence of a body or a system of bodies (Regulations on the department of the chief designer, Regulations on the gymnasium), or the order of their actions in certain cases (Regulations on the procedure for convening and holding a general meeting of shareholders of a closed joint stock company), or regulating the totality of organizational, property, labor relations on a specific issue (Regulations on the procedure for concluding and executing contracts, Regulations on the procedure for accrediting journalists).

Rules - a normative act that regulates the organization and procedure for activities in any particular area of ​​relations. In particular, the rules establish the organization and procedure for the activities of a state or other body, enterprise, institution (for example, Internal labor regulations of the enterprise). The rules establish norms and requirements that must be met.

Instructions (from lat. Instructio - device, instruction):

1. A management act containing rules and regulations governing the procedure and conditions for the implementation of any activity, as well as rules determining the procedure and conditions for the implementation of regulations issued by this or a higher authority (for example, Instructions on the procedure for sanatorium-resort provision in the federal bodies of government communications and information).

2. A normative act defining the procedure and methods of carrying out any activity (for example, Job description of the warehouse manager).

Registration rules

The text of the draft regulation (rules, instructions) is printed on a common form.
General document structure:

1. The name of the body, organization, institution that issued this document.
2. The signature stamp.
3. Title.
4. The ascertaining part.
5. The main text.
6. Signature of the person who prepared the draft document, date.

Clauses 2 - 5 are mandatory. In a number of documents, the name of the organization is included in clause 2 and is not duplicated in clause 1.
Clause 6 is usually used if the document is prepared and signed by the head of the department, and approved by the parent organization.

The basic rules for the design of the stamp of approval, heading and signature are discussed in the section "Requirements for the design of the details of the document". Here we will focus only on the design features inherent in the documents under consideration.

Heading to the text of the regulation(rules, instructions) answers the question "about what?", for example: Regulations on the procedure for the conclusion and execution of contracts; Staff Regulations; Instructions on the procedure for preparing draft orders.

Instruction title containing job requirements and the procedure for carrying out work (job description), answers the question "who ?, whose?", for example: Job description of the chief specialist; Job description of the warehouse manager.

In the ascertaining part provisions (rules, instructions) indicate the grounds for development, the main purpose of the normative act and the scope of its distribution, responsibility for violation of established rules and technologies, etc.

The establishing part is drawn up either in the form of a separate paragraph before the main text of the document, or as a section "General provisions" of the document (see examples).

The main text of the regulation (rules, instructions) has the following language features:

• the use of special terms, abbreviated prepositions, words belonging to clerical speech;
• predominant use of passive constructions;
• stereotyped presentation of the text;
• the use of categorization necessary when listing the provisions of the charter, paragraphs of the plan and report, obligations and rights of the agreement and contract. The text of the document can be divided into chapters, paragraphs and subparagraphs. Chapters should have titles. Chapters are numbered in Roman numerals. Clauses and subclauses are numbered in Arabic numerals;
• summary of the third person singular or plural. Typical verbs used in the text: "should", "should", "necessary", "prohibited", "not allowed", "establishes", "developed", "recognized", "assigned", etc.