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What are the duties of an employee? Sample order for assigning additional duties to an employee

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Organization and conduct of work on saving, rational spending material assets are assigned to the commander of the military unit, who is obliged to determine the main directions of this work. The implementation of measures for economic work in a military unit is carried out by all officials involved in the conduct of the military economy. They must determine the main sources of savings in material and Money. These include:

Identification of equipment, machinery and other material assets that are redundant and have no further use, and for the purpose of their rational use - making a decision on transfer to other military units (to arsenals, warehouses, storage centers) or on disposal;
- improvement of conditions for the maintenance and storage of material assets;
- organization of their correct use or operation;
- saving motor resources and bringing their consumption in line with the established limit of fuel consumption;
- rational use of repair and maintenance materials, spare parts;
- timely repair of storage facilities and equipment;
- collection and delivery of waste oil products for regeneration;
- economical spending utilities(electricity and heat, water and fuel);
- automation of outdoor lighting control;
- transfer of heating installations to cheaper types of fuel.

The main activities of economic work carried out in the clothing service in a military unit can be:

Extending the terms of wear of clothing property by improving its operation and careful attitude, timely repair, dry cleaning, painting and impregnation with an anti-rotten compound, creating (accumulating) stocks of working and replacement uniforms, underwear and bed linen and other clothing property;
- collection and re-use of repair material, rags and accessories when strutting discarded and decommissioned clothing items;
- manufacturing from discarded property and applying for a planned supply of individual items of clothing property, as well as sewing bedside rugs, bedding for mattresses, barracks slippers, mittens, etc.

The food service must also take measures to save material and money. In doing so, it must be taken into account that economic work did not affect the norms of bringing the established norms of rations to the personnel. The main activities can be:

Saving salt and spices, which are put on the tables in the dining room and replenished as needed;
- collection and timely delivery of containers without reducing its categorization;
- sorting potatoes, fermenting and salting vegetables by the personnel of the military unit;
- extension of the service life of dishes, mechanical and technological equipment;
- work to prevent the removal of tableware and kitchen utensils from the dining room.

The service of fuel and lubricants contains large reserves for saving material values and money in the process of operating weapons, military and special equipment. These include:

Strict observance of limit discipline in fuel consumption;
- identification and elimination of the causes of fuel burnout by machines and units in excess of the established consumption rates;
- proper planning and organization of transportation by car and etc.;
- finding opportunities for connecting units that consume fuel to stationary power plants;
- collection and delivery of waste oil products for regeneration.

The housing and operational support of a military unit implies the use of a significant amount of material assets and the consumption of other resources. Accordingly, it can take measures to save them, in particular:

Save electricity, water, fuel and heat energy, including by automating the control of outdoor lighting, transferring heating installations to cheaper types of fuel and other ongoing activities;
- performance of work by personnel on the repair of buildings and structures, equipment, furniture and other apartment property;
- extension of service life of apartment property;
- Increasing the profitability of hostels and hotels.

Savings and frugality, rational use of material and monetary resources allocated by the state Armed Forces Russian Federation, constitute the main content of the economic work carried out in the military unit. Economic work is carried out in all services of combat, technical support and branches of the armed forces, leading the military economy. The main task of economic work in combat and technical services is to provide measures for economical and rational use all types of material assets and other resources allocated for the maintenance and operation of weapons, military and other equipment, ammunition, military equipment.

Economic work in the combat and technical support services is carried out in order to reduce labor intensity Maintenance which includes:

Transition to a one-dimensional maintenance system;
- implementation of recommendations to streamline its operations, improve accessibility to service and control facilities;
- introduction of on-board diagnostic tools;
- introduction and use of a new progressive organization for the preparation of weapons, military and special equipment for release by complex technical calculations, capable of independently performing all types of work in full according to the team contract method;
- reduction of costs for the storage of weapons, military and special equipment;
- control technical condition weapons, military and special equipment, its timely diagnostics, which determines the feasibility of maintenance and repair;
- improvement of the spare parts supply system;
- reducing the cost of maintenance and operation of weapons and military equipment.

In the services of automobile, armored, rocket and artillery weapons, as well as engineering, radiation, chemical and biological protection, communications and others, measures are being taken to save material and money:

Extension of overhaul periods of operation of weapons, military and special equipment;
- economical use of motor resources of equipment;
- the use of driving simulators;
- rational use of repair and maintenance materials, spare parts and tools;
- saving of spare parts and details due to their restoration and own production;
- reduction of water and electricity consumption for technical needs;
- use of rejected and decommissioned tank tarpaulins, material of tents and other clothing items for the manufacture of automobile awnings and various products for weapons, military and special equipment (covers, etc.);
- an increase in the service life of caterpillar tracks, storage batteries (batteries), rubber undercarriage of machines, engineering equipment, etc.;
- savings from the reuse in the repair of weapons, military and special equipment of parts and spare parts obtained during the dismantling of decommissioned machines and equipment;
- saving fuel by using rectifier power devices for communication equipment from the mains and charging batteries.

Importance in saving military equipment and maintaining its high combat readiness has good organization park or park-economic days.

The following activities are possible at the facilities of the educational and material base for combat training and indoctrination work:

Saving, proper operation of equipment and repair of facilities for the educational and material base of combat training and indoctrination work by personnel;
- the use of cheap materials and improvised means for the manufacture of targets and visual aids (stands, posters, etc.);
- reuse of means of imitation and designation (pointers, flags, bandages, etc.) during field exercises and exercises;
- advance rational planning, preparation and conduct of exercises with the maximum effective use of equipment at the minimum cost of motor resources, ammunition and fuel;
- increase in the overhaul period of operation of musical instruments, books of the library fund, teaching aids, sports equipment and etc.;
- reducing the cost of purchasing books for libraries due to the periodic redistribution of the library fund between parts.

In order for these measures to be carried out, it is necessary to constantly educate military personnel in a careful attitude to the use of material and financial resources, to increase their responsibility for the economical and rational use of resources. The efficiency of economic work is facilitated by the necessary consideration of the quality of work officials military unit. However, it should be noted that the entire economic effect in terms of value can be shown in the reports. If some amounts arise as a result of savings, then this money goes to the state.

One of the components economic activity military unit are measures to prevent damage to material and monetary resources. The main activities to prevent damage in a military unit are:

The correct definition for each military unit of the limits for the consumption of material assets;
- planning all types of activities only in accordance with the allocated resources;
- observance of regular discipline;
- Appointment of the most trained servicemen to the composition of the inventory commissions, systematic instructional exercises with them;
- training of commanders in the system of command training in economy, rational use of material assets;
- fulfillment of the requirements for ensuring the safety of material assets, organization of their storage;
- monthly summarizing the results of the organization's activities internal control, prevention of cases of damage, eradication of loss and theft of material assets;
- constant monitoring of the implementation by officials of their official duties, control of the availability and condition of material assets;
- conducting (upon detection of damage) administrative investigations, bringing the perpetrators to justice;
- timely accounting of business transactions.

Therefore, the prevention of damage can be considered one of the components of economic work. IN modern conditions When it is difficult to materially stimulate the results of economic activity, measures to prevent damage occupy an important place in the organization of the military economy. Officials are obliged to ensure this work. It becomes most effective when controlled by commanders and superiors.

Thus, the responsible persons in charge of the military economy are obliged to organize work on the economical, rational use of the material assets of the military unit. During the planning period, the deputy commander of the unit for logistics (logistics) can develop a plan for saving, rational spending material and money. Based on it, economic work will be carried out in the military unit, the results of which will have to be reflected in the reports of the work of the military unit to save material and money. A meeting will need to be held at least once a year. At which the results of the economic activities of units, departments, services and military branches of the unit will be announced.

The leadership of the country and the Ministry of Defense, in the course of implementing the planned measures to further development Armed Forces, the task is set - to live within our means. This means that it is necessary to keep within the budget allocations that are allocated by the Ministry of Defense of the Russian Federation for the maintenance and fulfillment of the tasks assigned to them.

The level of combat readiness depends not only on the amount of resources allocated to the defense of the country, but also on the effectiveness of their use. This goal can only be achieved if the strictest regime of economy is observed, violations associated with the expenditure of resources are prevented, as a result of a constant search for ways to reduce costs, using the methods of military-economic analysis and finding internal reserves in all areas of financial and financial economic activity. Hence follows the ever-increasing role of military-economic analysis, which ensures practical activities leaders of all levels by methods of quantitative analysis and substantiation of military-economic decisions.

Practically, material, labor and financial resources are used in all processes of economic support of the Armed Forces, that is, in organizing the supply of weapons, military and special equipment, property, combat training, the welfare of troops, providing personnel, industrial production and capital construction. In this regard, the financial and economic authorities have the opportunity to influence the adoption of rational decisions, the implementation of which requires the expenditure of material and monetary resources.

Economy mode, organization of economic activity, validity of decisions made, competence, professionalism, economic literacy, knowledge of governing documents and their implementation - these are the principles that should become the norm in the daily activities of all officials, the key to successful solution of the tasks facing the Armed Forces in general and military economy in particular.

Finding a job is a serious process with many important points that need to be carefully considered. The duties of the employee, the amount of salary and bonuses, the schedule are the main nuances that a person who studies the vacancies section pays attention to. However, do not forget that the reputation of the company is a very important point, which is almost a direct indicator of the level corporate culture. The directors and management of a company that values its reputation pay special attention to the employer-employee formula. They can clearly indicate to the applicant the principles inherent in vacant position and must be aware of the rights of the worker.

Employee Responsibilities

The Labor Code of the Russian Federation is main document that governs the manager-employee relationship. Employment to work, leaving from there, salary and so on - all information on labor issues is presented in the Labor Code. For a person starting a career, the Labor Code of the Russian Federation is the main document. With its help, you can not only protect your rights, but also set limits on responsibilities. Compliance with the Labor Code of the Russian Federation - necessary condition for the employer. However, it is not necessary to study fully Art. 22 concerning the employer; First of all, consider Art. 21 of the Labor Code of the Russian Federation (“Basic rights and obligations of an employee”).

According to the Labor Code of the Russian Federation, the employee is obliged to qualitatively fulfill his work duties prescribed in the contract. Compliance work discipline and routine within the organization is also included in the range of obligations of the employee. The labor standards fixed in the contract during employment are obligatory for implementation. It is important to follow the rules of labor protection and safety. As for the property of the organization, the employee must carefully handle the material objects of both the employer and other persons, if the employer is responsible for this property. The belongings of other employees should also be safe.

You do not need to carry the Labor Code of the Russian Federation with you for employment. When they sign an employment contract, they stipulate the rights and labor duties of the employee in accordance with the code. The employment contract is filled with information about salary, payment system, work schedule. Before putting your signature in the employment contract, you should carefully read it, because it takes into account all the nuances of the upcoming activities. If you disagree with the drafting of the contract or its individual clauses, draw the attention of the employer to this.

Each clause of the employment contract is subject to discussion, in contrast to the clauses of the Labor Code. If any wording seemed incorrect to you, then you definitely need to discuss it. Do not be shy to demand information about the company, documents that you must be familiarized with by law.

The more you know about the company, the more carefully you will think about whether it is worth getting a job there. The leader, seeing a person's knowledge of his own rights and duties, will think many times before breaking the law.

Job responsibilities of the employee are mandatory, otherwise he may be fired. Now people are on leadership positions very careful in the selection of staff. You need to be prepared for the fact that the manager will control every movement of the employee. If it so happens that the leader draws the employee's attention to things outside his circle official duties, you can declare your rights prescribed in the Labor Code of the Russian Federation.

Employee rights

It is important for anyone to know their rights and be able to protect themselves legally. Knowing your rights is very important for the employer-employee system. Now cases of infringement by employers of the rights of the wards have become more frequent. To avoid conflicts in the organization, it is worth opening the Labor Code of the Russian Federation.

Under the law, an employee has the right to conclude an employment contract, change the nuances or terminate it in accordance with the procedure adopted in the Labor Code. The work described in the employment contract and the employee's place that meets state labor protection standards must be provided to the employee. Salary must be paid in full and on time. The volume and effectiveness of the work done should be correlated with the size of the salary. The right to rest in the form of normalized working hours, days off every week, non-working holidays and paid leave once a year is legislatively reflected. Do not forget about improving professional skills.

The Code gives the personnel the right to professional training and advanced training. An employee can join trade unions, protecting their own interests through them. The Labor Code gives the right to participate in the management of the company in the form in which the law permits. Accordingly, the employee has the right to conclude collective agreements and agreements through their representatives. The law permits negotiations and control over the implementation of these agreements. An employee can defend his working rights, interests by any means permitted by law. In the event of a work dispute, there is a right to resolve them. Strike is also included in the list of his rights. When damage is caused at the workplace, the employee may demand its compensation and moral compensation in a legal manner. The right to compulsory social insurance also exists.

An employee has more rights than duties. The situation with employers is diametrically opposite. This difference in the breadth of what is permitted and vice versa helps regulate working relationships.

The employer must be careful with the employee, and he, for his part, can simply do the job, nullifying violations of discipline.

There are many societies to protect the rights of the worker from violations in the workplace. In case of a special need to resolve a dispute, you can contact such a society. If the manager makes excessive demands, and the staff, in turn, violates the regime or does not fulfill their duties, one should not be surprised at such a relationship with the boss. We are all human and should treat each other the way we would like to be treated.

To know what to legally expect from an employer, you need to turn again to Art. 22 of the Labor Code of the Russian Federation: it describes his rights and obligations. It is better to study this issue before entering into the labor relations system.

Employer rights

The employer has the right to conclude, change and terminate employment contracts with employees, conduct negotiations (including collective ones) and sign collective documents. The employer may require the performance of official duties and careful handling of their own property, encourage staff for quality work. The manager has the right to pay attention to compliance with the charter within the company. Otherwise, the code allows him to apply measures of responsibility (disciplinary and material) to the state. Create local regulations, organize and join employers' societies to represent and protect their interests - all this is included in the spectrum of his rights.

Having studied the Labor Code of the Russian Federation from the side of the rights of the employer, the employee must understand that failure to comply with his duties threatens to displease the boss and, possibly, liability. We need to think: is it worth laziness or the quick-tempered nature of deprivation of wages? Non-compliance with the requirements of the manual - common cause layoffs.

Employer's obligations

Far from the entire list of managerial responsibilities will be provided. Looking through the Labor Code of the Russian Federation, you can be sure that the list is impressive. The number of rights and obligations varies in order to more competently build the "manager-employee" system.

The manager must respect the law and regulations with the indication of the norms labor law. The principles of all treaties and agreements must be respected. The employer must provide the personnel with work that complies with the TD concluded upon hiring, working conditions and safety, as required by state standards for its protection. It is necessary to provide the employee with all the machines and materials he needs for work, technical documents, etc. The employer needs to evaluate the volume of work of his employees and pay it in equal proportions. Salary is paid on time and in full. All conditions for wages are indicated in the charter of the organization, the employment contract, collective agreements and the code.

A collective agreement must be concluded legally, collective negotiations are held. In order to enter into this agreement, it is very important to provide the state with correct information in full regarding the nuances of the collective agreement and the control of its implementation. All signed regulations must be communicated to employees. The employer needs to consider performances public organizations, representatives of employees on issues of found violations of labor legislation and other acts with labor law norms. Detected violations must be dealt with and a report on the measures taken to prevent deficiencies should be reported to employee representatives. This is the responsibility of the leadership.

The job description is a local act of the organization. Therefore, in accordance with Article 8 Labor Code. like any local act containing labor law norms, it must be adopted by the employer in accordance with laws and other regulations, collective agreement, agreements. In some cases, when drawing up a job description, it is necessary to take into account the opinion of the representative body of employees or coordinate its adoption with it.

It should be noted that local regulations that worsen the situation of employees in comparison with labor legislation, a collective agreement, agreements, or adopted without observing the procedure for taking into account the opinion of the representative body of employees provided for by the Labor Code, are invalid. Compliance with the above rules in the preparation of job descriptions, first of all, is designed to ensure the protection of the rights of the employee in the organization.

The content of the job description in the legislation is mentioned only indirectly, in the resolution of the Ministry of Labor of the Russian Federation dated February 9, 2004 N9 "On approval of the procedure for applying the Unified Qualification Handbook for the positions of managers, specialists and employees" it is said that "qualification characteristics serve as the basis for the development of job descriptions containing a specific list of job duties of employees, taking into account the specifics of the organization of production, labor and management, their rights and responsibilities. Thus, the most important in the job description are the provisions on job duties, rights and responsibilities of the employee.

The employer, at his own discretion, may also provide for other sections in the job description. So, for example, in paragraph 6 of the Regulation "On the procedure for developing and approving the job description of an employee, federal civil servant, employee in control of the circulation of narcotic drugs and psychotropic substances" approved Order of the State Drug Control Service of the Russian Federation of November 25, 2003 N 235. it is said that the job description consists of sections: general provisions (place of position, direct subordination, the presence and composition of subordinates, the replacement order); official duties; the rights; responsibility; General requirements(the amount of necessary knowledge and skills is indicated) and qualification requirements(specify the requirements for education, seniority and work experience).

As already mentioned, in accordance with the Decree of the Ministry of Labor of February 9, 2004 N9, qualification characteristics serve as the basis for the development of job descriptions. In the same resolution, the concept of " qualification characteristics» — «The qualification characteristics of each position consist of three sections: "Job Responsibilities", "Must Know" and "Qualification Requirements" .

Chapter "Responsibilities" qualification characteristics contains a list of the main functions that can be entrusted in whole or in part to the employee holding this position.

Chapter "Must know" contains the basic requirements for the employee in relation to special knowledge, as well as knowledge of regulatory legal acts, methods and means that the employee must be able to apply in the performance of official duties.

Chapter "Qualification Requirements" determines the level of professional training of the employee necessary to perform the duties assigned to him, and the required length of service.

For a correct and complete listing of the rights and obligations of employees, please refer to Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS) and to Directory of positions of managers of specialists and employees .

As for the form of the job description, in this case, you can apply State standard Russian Federation GOST R 6.30-2003 Unified documentation systems “Unified system of organizational and administrative documentation. Requirements for paperwork” (adopted and put into effect by the Decree of the State Standard of the Russian Federation dated March 3, 2003 N 65-st). The requirements set out in this document, pending the entry into force of the relevant technical regulations subject to mandatory execution only in the part that ensures the achievement of the goals of the legislation of the Russian Federation on technical regulation.

We also note that the job description must be approved by the head of the organization, and the employee must personally familiarize himself with it and leave a note about it (Article 68 of the Labor Code).

Lawyers of the company "Garant"

Lawyers of the company "Garant"

How to change job responsibilities?

Sometimes situations arise in organizations that require the transfer of one or more employees to another job. Typically, such a change in the terms of the employment contract is temporary - until the relevant circumstances are eliminated.

Article 60 of the Labor Code of the Russian Federation prohibits an employer from requiring an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.

From the literal interpretation of this norm, it follows that certain work, which was not originally included in the employment contract of a particular employee, can be performed by him, according to general rule, only on condition that a change is made to the content of the employment contract in the form of an addition to it ( additional agreement to employment contract).

If the employee does not comply with the employer's order to perform a labor function not stipulated by the employment contract, the employer does not have the right to bring him to justice for this refusal. disciplinary responsibility.

Temporary transfer

In paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on September 28, 2010; hereinafter - Resolution No. 2) it is explained that when applying hch. 2 and 3 Art. 72.2 of the Labor Code of the Russian Federation, allowing the temporary transfer of an employee to another job without his consent. it should be borne in mind that the obligation to prove the existence of circumstances with which the law associates the possibility of such a transfer rests with the employer.

It should be borne in mind that in accordance with Part 1 of Art. 72.2 of the Labor Code of the Russian Federation (temporary transfer by agreement of the parties), an employee can be temporarily transferred to another job only with the same employer. with whom he is in an employment relationship, and work should not be contraindicated for him for health reasons.

Please note that if, when transferring to another job in the event of downtime, the need to prevent the destruction or damage to property, or to replace a temporarily absent employee, the employee will have to perform work lower qualification. then such a translation is due to Part 3 of Art. 72.2 of the Labor Code of the Russian Federation is possible only with written consent worker.

Extract from the Labor Code of the Russian Federation

Article 72.2. Temporary transfer to another job

By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case when such a transfer is carried out to replace a temporarily absent employee who, in accordance with the law, retains his job, until the employee returns to work. If at the end of the transfer period the previous job is not provided to the employee, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.

In the event of a natural or man-made disaster, industrial accident, accident at work, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer in order to prevent these cases or eliminate their consequences.

The transfer of an employee without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage to property, or replacement temporarily absent employee, if downtime or the need to prevent the destruction or damage of property or to replace a temporarily absent employee is caused by the emergency circumstances specified in part two of this article. At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee.

When transfers are made in the cases provided for in parts two and three of this article, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job.

Employee's right to refuse transfer

It should be noted that, by virtue of Art. 219 and 220 of the Labor Code of the Russian Federation the employee cannot be disciplined.

for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
refusal to perform hard work and work with harmful and (or) hazardous conditions work not covered by the employment contract.

Features of registration of a temporary transfer

Temporary transfer to another job is issued by order (instruction) of the employer according to unified form No. T-5 (or T-5a) (approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1).

Temporary transfer to another job should be distinguished from the performance by the employee on behalf of the employer of the duties of a temporarily absent employee along with the work stipulated by the employment contract.

In the latter case, the term of the transfer is not limited by law and is determined by agreement of the parties. At the same time, an employee who temporarily replaces an absent employee is made, in accordance with Art. 60.2 and 151 of the Labor Code of the Russian Federation, an additional payment, the amount of which is established by agreement between the employee and the employer.

In our company, an employment contract is concluded with employees upon employment. All job responsibilities are spelled out in the appendix to the employment contract, there are no job descriptions. Now it is planned to change the job responsibilities of employees. For this, additional agreements are drawn up, where duties will be prescribed (the essence of duties basically does not change, they are simply adjusted).

In this regard, questions arose:

1. How to draw up an additional agreement correctly: how to state that the clauses of the annexes are considered invalid?

2. What is the registration procedure (documents, deadlines)?

3. If responsibilities are added to employees, should their wages increase?

4. Is the employee entitled to refuse additional duties?

extra work

Article 60 of the Labor Code of the Russian Federation, the legislator prohibits the employer from requiring the employee to perform work not stipulated by the employment contract, except as provided for by the Labor Code of the Russian Federation 5 and other federal laws.

Article 60.2 of the Labor Code of the Russian Federation sets out the rules for engaging an employee, along with the work specified in the employment contract, to perform additional work in another or the same profession (position) during the established working day (shift) - this may be combination of professions (positions), expansion of service areas, increase in the volume of work.

The period during which the employee will perform extra work, its content and volume are established by the employer with the written consent of the employee 6. The amount of the additional payment is also established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work 7.

In each specific case, the period during which the employee will perform, along with the work determined by the employment contract, additional work in the order of combining professions (positions), by expanding service areas, increasing the volume of work, or in connection with imposing on him the duties of a temporarily absent employee determined by the employer with the written consent of the employee 7.

In the event that the parties can't agree on a date. during which additional work must be performed, on the amount of additional payment for a certain amount of work, the employee has the right to refuse to perform it.

In case of consent of the employee, determined by the parties deadline for completion of additional work is not mandatory 8. The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days.

In addition, it must be emphasized that Art. 60.2, and Art. 151 of the Labor Code of the Russian Federation oblige the employer to establish for the employee for additional work additional payment.

Do you need a job description?

The Labor Code of the Russian Federation does not regulate the operation of the job description, but nevertheless, the job description (for specialists and managers) or professional instruction(for workers) is important document, the content of which is not only the labor function of the employee, the qualification requirements for the position held, but also the range of duties, the limits of responsibility.

Job descriptions contain the characteristics of positions and professions described in the Qualification Directory for the positions of managers, specialists and other employees 1, tariff and qualification characteristics for industry-wide professions of workers 2 and industry regulations, as well as the specific requirements of a particular employer.

The realization of the right to conclude an employment contract is directly related to the employee's right to perform work that corresponds to the labor function defined by the concluded employment contract.

Lack of job description individual cases may interfere with the employer 3.

justifiably refuse employment;
objectively assess the performance of the employee during the period probationary period;
distribute labor functions among employees;
temporarily transfer an employee to another job;
evaluate the conscientiousness and completeness of the employee's performance of the labor function.

The requirements for the level of qualification of the employee, his functional duties for the position occupied, given in the job descriptions, are general and must be adapted to the requirements of a particular enterprise.

The procedure for compiling instructions for regulatory legal acts not settled. therefore, the employer has the right to independently decide how to issue it and how to make changes to it.

At the enterprise, you can develop a document that will spell out the procedure for compiling and issuing a job description, for example Regulations on the preparation and execution of official (working) instructions for the enterprise Selena LLC.

This document prescribes the procedure for making changes to the job description: who has the right to develop these instructions, what is the procedure for agreeing with the heads of structural divisions, the timing of the introduction of new instructions, etc.

Change of job description

If changes to the job description are related to changing the terms of the employment contract determined by the parties. in this case, the employee must be notified in writing of this change at least two months in advance. In this case, it is necessary to obtain his consent to continue the employment relationship.

When employee failure and the inability to transfer him, with his consent, to another job, the employment contract with him must be terminated on the basis of paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work due to a change in the terms of the employment contract determined by the parties).

If the instruction is an annex to the employment contract, then, of course, it is necessary to amend the employment contract by issuing additional agreement.

If the job description has been approved as separate document and at the same time, making changes to it does not entail changing the terms of the employment contract, it is most convenient to approve the job description in new edition . having familiarized the employee with it in writing 4. Based on the foregoing, it can be recommended that the job description be approved as an independent document, but at the same time, it should be written in the employment contract with the employee that the employee must comply with the requirements of the job description(with which, of course, the employee must be familiarized with signature).

This will avoid listing all labor duties in the employment contract and the need to make changes to the employment contract each time, drawing up additional agreements.

Changing the terms of the employment contract

By virtue of Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Based on the norms of the Labor Code of the Russian Federation, a change in an employment contract can be made as follows:

transfer to another job, relocation (Article 72.1 of the Labor Code of the Russian Federation);
temporary transfer to another job (Article 72.2 of the Labor Code of the Russian Federation);
transfer of an employee to another job in accordance with a medical report (Article 73 of the Labor Code of the Russian Federation);
changing the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation);
temporary transfer to another job in connection with the suspension of a special right for a period of more than two months (Article 76 of the Labor Code of the Russian Federation).

1 Approved by Decree of the Ministry of Labor of Russia No. 37 dated August 21, 1998 (as amended on March 14, 2011).

2 Approved by the Decree of the Ministry of Labor of Russia dated November 10, 1992 No. 31 (as amended on November 24, 2008).

3 Letter of Rostrud dated August 9, 2007 No. 3042-6-0.

4 Letter of Rostrud dated October 31, 2007 No. 4412-6 “On the procedure for amending the job descriptions of employees”.

EMPLOYEE JOB INSTRUCTIONS

It must be said right away that job description is a mandatory element in the fight for discipline .

Of course, you can describe the job responsibilities of the employee both in the employment contract and in the appendix to it - this is the right of every employer. But I think it's better to do it in the job description. I'll explain why. As you know, after the amendments to the Labor Code in 2006, the rights and obligations of the employee, which were previously mandatory terms of the employment contract, became optional. And I think it's right.

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It is important to correctly understand what “obligations included in the employment contract” means. This means that duties are the subject of an agreement between the employee and the employer. Therefore, we can change or supplement them only by changing the employment contract by concluding an additional agreement to it. After all any change in the terms of the employment contract requires the consent of the employee .

What this leads to in practice, I will explain with an example. Let's say you have a nice girl - a secretary. It is written in her employment contract that her duties include sending correspondence. She doesn't send it. And when she is pointed out that the correspondence should still be sent, that this is her job duty, she replies that it is impossible to send sheets of paper. You can only send correspondence by mail in envelopes, so you need someone to pack the letters in envelopes and write the address. Naturally, they look at her with big eyes and say: “Darling, who will pack for you? They brought you letters, take the envelopes, pack the letters in them, write the addresses on the envelopes and take them to the post office. Here she asks a sacramental question: “Where is it written that I should pack letters in envelopes?”.

And it turns out that in order to charge her with the packing of correspondence, she needs to conclude an additional agreement to the employment contract. Moreover, she may also refuse to conclude it. Agree, this is absurd.

The same thing can happen when you make a job description an appendix to an employment contract. Because the annex to the employment contract is an integral part of the employment contract, which can only be changed in the same manner as the employment contract itself. Thus, we again, albeit in a slightly different way, come to the conclusion that we can change something in this application only through an additional agreement with the employee.

But, you see, such a situation cannot be considered normal. The job description should be a document expressing the will of the employer, and only the employer. At the same time, it should be a mobile document, in which, if necessary, you can quickly make changes.

Therefore, it is much more rational to issue a job description exclusively as a local regulatory act of the employer. What is a local regulation? According to article 5 of the Labor Code of the Russian Federation This is part of the labor law. The very name of the act “normative” speaks for itself. The normative document contains the rules of law, that is, the mandatory rules of conduct established either by the legislator or a person authorized by him. In our case, this authorized person is the employer. Article 8 of the Labor Code explicitly states that local regulations are adopted by employers.

That is, the internal (local) regulations of the organization

These are documents that define the rules for working in it. And they are binding on all employees of the organization whose activities they relate to. Local regulations of the organization can be issued in the most different forms: these can be provisions, instructions, orders, rules, and so on.

As you can see, a local regulation is, in fact, a law adopted by the employer. And whoever passed the law, he has the right to change it. And most importantly, this can be done without looking back at the employee and without asking for his consent. Moreover, the employee will be required to comply with the requirements of the instructions in the new edition. Accordingly, if the secretary from our example had a job description, then to get out of the conflict situation, it would be enough to add an additional clause to it that the secretary's duties include preparing correspondence for shipment, including packaging.

True, when saying that a local normative act is a law, one essential nuance must be taken into account. With regard to local regulations, the rule “ignorance of the law does not exempt from liability” works with one significant caveat. The employer is obliged to familiarize employees with local regulations relevant to their labor activity. Moreover, this must be done against signature, so that the employer has evidence that he has fulfilled his duty, and the employee has familiarized himself with everything that is necessary.

If there is no such evidence, then the rule applies: “the employer’s failure to familiarize the employee with the local regulatory act relieves the employee from liability for its failure to comply.”

It is known that some employees perceive this rule a little differently: they sincerely believe that ignorance of the local normative act exempts them from responsibility. But it's not. It is precisely their employer's failure to familiarize themselves with the local normative act that exempts them from liability.

What is the difference, let's explain with an example.

It often happens. Created a job description. Gave it to the employee for review. He read it. He did not like what was written there. And he refuses to sign that he was acquainted with the instruction. Moreover, he is sure that if he does not sign, he may not fulfill the requirements of the instructions.

In this case, we must tell him: “Please, if you don’t want to sign, don’t sign, no one will force you.” And then you need to draw up an act stating that the employee refused to familiarize himself with the instructions against signature. After that, we have the right to demand from him the fulfillment of duties under this instruction and punish them for their failure to fulfill them, up to and including dismissal. We should not be worried that he did not sign for familiarization with the instructions, since we gave him the opportunity to familiarize himself with it. And he had to check it out. Thus, ignorance is no excuse. It is precisely non-familiarization that exempts from liability, if the employer, through his own fault, did not do this.

Thus, it is not necessary to describe labor duties in detail in the employment contract. It is enough to indicate only the labor function (position / profession / specific type of work assigned) and the main areas of activity. For example, the inspector of the personnel department maintains personnel records of employees, draws up their hiring, transfers and dismissals. The accountant conducts accounting and tax accounting. Detailed job responsibilities should already be in the job description.. And the more specifically they are spelled out in it, the better for both parties to the employment contract.

The procedure for familiarizing the employee with the job description and the subordination of the employee in the performance of official duties

In accordance with paragraph 3 h. 2 Article. 57 of the Labor Code of the Russian Federation, a prerequisite for inclusion in an employment contract is, among other things, a labor function (work in a position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee).

If, in accordance with the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards.

According to part 5 of Art. 57 of the Labor Code of the Russian Federation, by agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the conditions of the collective contracts and agreements. Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

The Labor Code of the Russian Federation does not contain the concept of "job description".

At the same time Art. 8 of the Labor Code of the Russian Federation, it is determined that employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.

Job description- this is a local normative act that defines the tasks, functions, duties and responsibilities of an employee of the company when he performs work in his position. It is necessary to develop a job description based on the tasks and functions assigned to a particular structural unit. In this case, it is necessary to take into account its staffing.

Samples of some instructions are established by regulatory legal acts. How to draw up a job description in an institution, if it is not provided for type form how to develop and approve it, how to make changes? You will find answers to these and other questions in the article.

The role of the job description

The Labor Code does not pay attention to the job description, but it is often mentioned in the letters of Rostrud. Let's determine what this instruction is and whether it is really needed.

According to the Modern Economic Dictionary, an official instruction is considered to be an instruction indicating the range of assignments, duties, work that a person holding this position in an enterprise or firm must perform. And in Letter of Rostrud dated 09.08.2007 No. 3042-6-0 it is said that the job description is a document that defines the tasks, qualification requirements, functions, rights, duties, responsibilities of the employee and is an integral tool for regulating labor relations.

A job description is necessary for both the employer and the employee. It should be developed for each position (including vacant) available in the staffing table. Please note that the instruction is developed specifically for a specific position, and not for a specific employee.

According to this letter, the absence of a job description in some cases prevents the employer from reasonably refusing to hire (since it may contain Additional requirements associated with the business qualities of the employee), objectively assess the activities of the employee 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 performance of the labor function.

Let's clarify this wording. According to Art. 64 Labor Code of the Russian Federation an unreasonable refusal to conclude an employment contract is prohibited, that is, a refusal due to circumstances not related to the business qualities of the employee. Under business qualities according to Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 abilities are understood individual perform a certain labor function, taking into account the professional and qualification qualities he has (for example, the presence of a certain profession, specialty, qualification), personal qualities(for example, the state of health, a certain level of education, work experience in a given specialty, in a given industry). Thus, the presence of a job description will allow you to reasonably refuse to hire a person who does not have sufficient experience or qualifications.

According to Art. 71 Labor Code of the Russian Federation in case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him of this no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. Thus, the job description, which lists the duties that the employee was supposed to perform, can become the basis for his dismissal as he did not pass the test.

By virtue of Art. 192 Labor Code of the Russian Federation a disciplinary offense is a failure to perform or improper performance by an employee due to his fault of the labor duties assigned to him. Thus, before bringing an employee to disciplinary responsibility, the employer must refer to the job description.

In addition, the job description provides for the possibility for an employee to replace another, absent employee, for example, when the deputy head of the department temporarily acts as the head of the department during his absence or a doctor of one specialization replaces the position of a doctor of another specialization.

An organization may also have employees who hold the same positions but have different salaries. This is wrong, because according to Art. 22 Labor Code of the Russian Federation the employer must ensure equal pay for work of equal value. And in this case, it is job descriptions that will be proof that the rights of employees are not violated. To do this, the instructions should reflect the indicators of labor quality that affect wages: different job responsibilities, different scope of work performed, qualification requirements, etc. (But still, in order to avoid difficulties with regulatory authorities in the title same positions we recommend entering the words “senior”, “leader”, etc.)

Job descriptions also help to justify some expenses - transportation (for persons whose work is traveling), cellular communication etc. Instructions are of great importance in cases where employees are involved in civil law contracts to perform tasks that are not part of the duties of regular employees.

Thus, the main objectives of creating job descriptions are:

a clear and detailed formulation of the labor function of employees;
determination of the necessary qualifications of employees;
establishing the obligation of employees to improve their qualifications;
determination of the order of interaction of employees;
justification for bringing to disciplinary responsibility;
justification for reimbursement of transport or other expenses.

Some employers limit themselves to indicating the labor function (work according to the position in accordance with the staff list, professions, specialties indicating qualifications) in the employment contract, without even prescribing job duties. At the same time, the employer refers to the existence of tariff and qualification directories, which establish requirements for various categories workers. And it will not be a violation of labor laws. But, using job descriptions, the employer makes life easier for himself, first of all, because the benefits, as they say, are obvious.

The procedure for developing a job description

When developing job descriptions, you can use Recommendations approved Order of the State Committee for Ecology of the Russian Federation of December 10, 1997 No. 552. GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation Requirements".

The details of job descriptions should include the name of the organization and the name of the document, the date and number, the title to the text, the stamp of approval, the text, the signature of the developer and the approval visa.

The following regulations apply as the basis for the qualification characteristics of each position:

Qualification directory of positions of managers, specialists and other employees, approved Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37;
The procedure for applying the Unified Qualification Directory for the positions of managers, specialists and other employees, approved Decree of the Ministry of Labor of the Russian Federation of February 9, 2004 No. 9;
Unified qualification directory of positions of managers, specialists and employees, approved Order of the Ministry of Health and Social Development of the Russian Federation dated July 23, 2010 No. 541n;
other qualification guides on various industries and types of activities.

At the same time, taking into account the specifics of the organization, the form, structure and content of the instructions may have their own characteristics.

As a rule, the job description consists of the following sections:

1. General provisions. Include:

functional purpose of the document. For example: “The job description defines the functional duties, rights, obligations, responsibilities, working conditions, relationships (positional connections) of the employee, criteria for assessing his business qualities and the results of work in the performance of work in the specialty ";
the category to which the position belongs (managers, specialists, workers, etc.);
the procedure for appointment and dismissal to a position (by whom the employee is appointed, whether it is accepted by competition);
subordination of the employee: to whom he is subordinate and who is in his subordination;
the procedure for replacing during his absence and the positions that he can replace;
qualification requirements (education, work experience, skills, additional information);
what should be guided in their activities;
- documents, the knowledge of which is mandatory.

2. Job responsibilities. The section includes a description of specific daily, weekly, monthly, etc. duties that the employee must perform within the framework of the functions assigned to him, as well as duties that involve the use of certain forms and methods of work, the procedure for executing orders, ethical standards that must be observed in the team.

3. Worker's rights. A list of rights granted to the employee for the successful fulfillment of the duties assigned to him, which arise both from the functions of the organization and from the functions structural unit. Such rights, for example, include the following: make decisions in accordance with job responsibilities, take part in the development different kind programs, make suggestions to improve the workflow, improve their skills.

4. Relationships by position. The circle of persons with whom the employee interacts while carrying out labor activities is listed, the functional and linear subordination or management is indicated, including the timing and procedure for providing information, the procedure for signing and coordinating documents, etc.

5. Responsibility. The types of liability for untimely and poor-quality performance by an employee of their duties in accordance with labor legislation are established. This section may list specific types of violations for which specific types of liability apply. When prescribing measures of responsibility, it is necessary to make a reference to the article of the relevant regulatory legal act - the Labor Code of the Russian Federation, the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation.

6. Evaluation of work. Here are installed:

criteria for evaluating the business qualities of an employee, such as qualifications, professional competence, intensity of work, manifestation of initiative;
criteria for evaluating work - results, achieved by the employee in the performance of official duties, the quality of the work performed, the timeliness of its implementation, etc. At the same time, the assessment of business qualities and results of work is carried out on the basis of both objective indicators and motivated opinion immediate supervisor.

7. Final provisions. This section may prescribe the procedure for the entry into force of this document, making changes to it, etc.

Note that the employer cannot include in the job description provisions that are not established by the Labor Code, in particular, additional grounds for dismissing an employee. IN Letter of Rostrud dated November 30, 2009 No. 3520-6-1(Further - Letter No. 3520-6-1) it was clarified that the provision on the possibility of dismissal on certain grounds, including own will, is not the subject of the job description, since it does not relate to the employee's labor function.

As a rule, job descriptions are developed by an employee of the personnel department together with the head of the structural unit.

The instruction may take the form of a separate document or an annex to the employment contract. We consider the job description as a separate document, since this form is more convenient and more often used in practice.

Coordination of job description

So, initially a draft instruction is being developed. It is then usually approved by the legal department, undergoing a legal compliance review, with financial service and other departments of the organization with which the employee holding this position will interact. The opinion of the coordinating persons can be recorded on the approval sheet attached to the instruction, taking into account which changes are (are not) subsequently made to it. After making changes, the instruction goes through the approval procedure again.

The question may arise: do job descriptions need to be coordinated with the trade union body, if it exists? By virtue of Art. 8 Labor Code of the Russian Federation in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if any). But is the job description a local normative act? Since the Labor Code does not define what specifically refers to these acts, the opinions of experts on this issue differ: some believe that if the job description is a separate document, and not an annex to the employment contract, then this is a local normative act, others call the job description " sublocal" normative act, according to Rostrud, the job description is an internal organizational and administrative document ( Letter No. 3520-6-1).

In any case, neither the Labor Code of the Russian Federation, nor other federal laws and regulatory legal acts have established the coordination of job descriptions with the representative body of employees. And if the collective agreement or agreement does not provide for this, coordination is not required.

So, after the instruction is approved by the head, it is certified with a seal and registered in the job description register. The original instruction is usually kept in the personnel department, and a duly certified copy is kept by the head of the unit.

It is not necessary to put the instruction into effect by order of the head, unless, when changing its provisions, it is necessary to make changes to the employment contract. But more on that later.

The job description comes into force from the moment of its approval and is valid until it is replaced by a new one. job description. If the employee reads the instructions before signing the employment contract, the contract must include the line “I have read the job description before signing the employment contract”, under which the employee signs. If the instruction came into force during the period of employment, the fact of familiarization is recorded in the familiarization sheet, which is attached to the instruction and is certified by the signature of the employee indicating the date. In both cases, a copy of the instruction is given to the employee. If the employee refuses to sign the instruction, an appropriate act is drawn up.

Making changes to the instructions

In the course of the organization's activities, any changes are constantly taking place: personnel, structural, manufacturing process etc. Often such changes are reflected in functional duties employees specified in the job description. Then there is a need to make changes to it. How to do it right?

First of all, we note that any interested person can initiate changes: the employer, the head of the structural unit in which the employee works, the head of the unit that interacts with the employee, and, finally, the employee himself.

The offer is made in the form of an employee's application, an employer's offer or memo department head. If the party to whom the proposal was sent agrees to such changes, it remains only to issue them. Here it is important to determine whether changes to the job description will lead to changes in job responsibilities, which, in turn, may lead to a change in the employee's labor function determined by the employment contract. Since when changing the labor function of an employee, he must be transferred to another job - a permanent or temporary change in the labor function of the employee and (or) the structural unit in which he works (if the unit was indicated in the employment contract), while continuing to work for the same employer ( Art. 72.1 of the Labor Code of the Russian Federation). A transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for part 2 And 3 art. 72.2 of the Labor Code of the Russian Federation.

Thus, the employer cannot unilaterally change the job duties of the employee or supplement the instruction with new duties. It's only ok Art. 72 Labor Code of the Russian Federation- a written agreement of the parties is concluded, about which the employee is warned in advance. IN Letter of Rostrud dated October 31, 2007 No. 4412‑6 on this it says the following: changes to the job description may be associated with a change mandatory conditions labor contract. In this case, the requirements for advance written notification of the employee must be observed. And only after the employee has agreed to continue the employment relationship, changes are made to the job description. In addition, the letter explains that if the instruction is an annex to the employment contract, it is advisable to simultaneously amend the contract and the instruction by preparing an additional agreement. If the job description was approved as a separate document and at the same time making changes to it does not entail the need to change the mandatory conditions of the employment contract, it is more convenient to approve the instruction in a new edition by familiarizing the employee with it in writing. For example, when it is required to clarify or specify some of the duties of an employee: instead of “ensure the safety of documents” - “keep documents in a special cabinet, issue them on the basis of a memo”, etc.

Job Regulations

Speaking about the job description, it is impossible not to note the category of employees for whom the document establishing job responsibilities is mandatory. These are civil servants, and such a document is called official regulations. He is the main normative document regulating the content and results of the activities of a civil servant. It contains the requirements for an employee replacing the corresponding public office. Job regulations are designed to promote the correct selection, placement and retention of personnel, increase their professional qualifications, improving the functional and technological division of labor between managers and specialists in the performance of tasks determined by the regulation on the body, structural unit, and are also used in assessing the performance of a civil servant.

According to Art. 47 federal law dated 27.07.2004 No. 79-FZ "On the State Civil Service of the Russian Federation" professional service activity of a civil servant is carried out in accordance with the official regulations approved by the representative of the employer and is integral part administrative regulations of the state body. This article establishes specific provisions that should be included in the official regulations:

qualification requirements for the level and nature of knowledge and skills, education, experience civil service(public service of other types) or work experience (experience) in the specialty;
official duties, rights and liability of a civil servant for failure to perform (improper performance) of official duties in accordance with the administrative regulations of the state body, the tasks and functions of the structural unit of the state body and the functional features of the civil service position occupied in it;
a list of issues on which a civil servant is entitled or obliged to independently make managerial and other decisions;
a list of issues on which a civil servant is entitled or obliged to participate in the preparation of draft regulatory legal acts and (or) draft management and other decisions;
terms and procedures for the preparation, consideration of draft management and other decisions, the procedure for agreeing and adopting these decisions;
the procedure for official interaction of a civil servant in connection with the performance of his official duties with civil servants of the same state body, other government agencies, other citizens, as well as with organizations;
scroll public services rendered to citizens and organizations in accordance with the administrative regulations of the state body;
indicators of the effectiveness and efficiency of the professional performance of a civil servant.

The provisions of the official regulations are taken into account when conducting a competition for filling a vacant position in the civil service, attestation, qualification exam, planning the professional performance of a civil servant.

The results of the execution of official regulations by an employee are taken into account when conducting a competition for filling a vacant position in the civil service, including an employee in personnel reserve, assessment of his professional performance during the certification, qualification exam or promotion of a civil servant.

Exemplary job regulations are approved by the relevant management body public service. For example, the official regulations of a state civil servant customs authority RF approved Order of the Federal Customs Service of the Russian Federation dated 11.08.2009 No.1458 .

Summing up, we note: despite the fact that the absence of job descriptions is not a violation of labor legislation and does not entail any responsibility for the employer, this document should not be neglected. It is better to spend a little time and effort on its development, and not be limited to samples. standard instructions and approach this process with all seriousness and responsibility. This will protect yourself from many unnecessary problems and disputes with regulatory authorities.

Modern Economic Dictionary / B. A. Raizberg, L. Sh. Lozovsky, E. B. Starodubtseva. - M.: INFRA-M, 2006.

"On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation".

"On Approval of the Regulations on the Occupational Safety and Health Management System in the Organizations of the State Committee of the Russian Federation for Environmental Protection".

In each company, a situation may arise in which, for a certain period of time, it will be necessary to replace an absent employee. The need may arise in different situations:

In case of illness, leave of the employee;
In the event of a business trip;
In case of suspension from work (for example, the employee did not pass the mandatory medical examination and cannot perform work duties);
In case of early termination of the employment contract.

For the temporary performance of additional duties, the employer has the right to involve full-time employees. In this case, the employee is not released from performing his main job, but additionally performs the duties of the absentee.

The employer must follow a certain procedure for attracting an employee to additional work. Before filling out an order for the assignment of additional duties to an employee and requiring the performance of an additional amount of work, it is necessary to send the employee a written proposal to perform additional duties in free form. The amount of additional work, the timing of its implementation must be agreed with the employee.

If the employee agrees, then it is necessary to conclude an additional agreement with him to the employment contract. The agreement is filled in two copies: one copy remains with the employer, and the second is given to the employee. On the copy of the employer, the employee must mark the receipt of his copy of the agreement.

It should be noted that additional payment is not always established for additional work. Thus, the performance of the duties of an absent employee with a similar or similar labor function may be provided for by the job description and included in the employee's labor function. In this case, the performance of additional work will be included in the employee's labor duties and the employer is not required to establish an additional payment.

On the basis of an agreement with the employee, the employer issues an order imposing additional duties on the employee. The document does not have an approved form, therefore it is compiled by the employer independently. Let's take a closer look at how to draw up a document correctly, what information needs to be reflected in the order.

Order on imputation of additional duties (sample)

The heading of the document indicates the name of the company, the date it was filled out, the number of the order. The main part of the document indicates the reason for imposing additional duties on the employee, indicating the full name of the absent employee, the time period with the exact dates (if known) and the reason for his absence. It is advisable to indicate that the assignment of duties occurs with the consent of the employee.

Full name of the employee who is involved in the performance of additional work, his position, time period;
Position, duties for which are transferred to the employee, job description;
Will there be a surcharge, the amount of surcharge for performing additional work.

The fact that for some time the employee performed additional work is not reflected in the work book in any way (no record of this needs to be made). No entries are made to the employee's personal card either.

Below is a sample order.