Work instructions or job description. Job description: what is it and why is it needed? Job description description

Question: The company has job descriptions for engineers, there are also instructions on labor protection for blue-collar occupations. Can you please tell me if it is necessary to have job descriptions for working professions (work instructions)?

Answer: The legislation does not provide for the obligation of the employer to develop and apply job descriptions. V Labor Code Russian Federation there is no mention of job descriptions. Moreover, at the federal level there is no single legal act establishing the procedure for their preparation. There are only separate departmental orders regulating the preparation process job description an employee of the relevant department. The employer independently decides on the need to apply job descriptions, the design and procedure for making changes to them.

Rostrud in the Letter dated 31.10.2007 N 4412-6 "On the Procedure for Amending the Job Descriptions of Employees" determined that the job description is important document, the content of which is not only the labor function of the employee, the circle job duties, limits of responsibility, but also qualification requirements for the position held. If the employment contract, as a rule, indicates only the labor function of the employee (work according to the position in accordance with staffing table, profession, specialty indicating qualifications), then in the job description in the "Job responsibilities" section, the job function is regulated in detail, provides for the employee's responsibilities, the amount of work, areas for which the employee is responsible, etc. Often job description is an annex to the employment contract, an integral part of it.

The concept of "job description" is typical for determining the content of the performed labor function of an employee filling a certain position (Letter of Rostrud dated November 24, 2008 No. 6234-TZ). Job descriptions for positions included in the relevant qualification guides are developed on the basis of the qualification characteristics specified in these guides.

For workers hired in the professions of workers, to determine the content of the performed labor function, uniform tariff and qualification reference books of work and professions of workers in the relevant industries are used. For example, the general provisions of the Unified tariff and qualification reference book of works and professions of workers of the national economy of the USSR, approved by the Decree of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of 31.01.1985 N 31 / 3-30, provided for the presence production (by profession) instructions, which were widely used in regulatory practice labor relations.

In many modern firms involved in the release of goods, in order to optimize the interaction between employees and management, production instructions are issued. They are considered as local regulatory sources that have the same legal force, in particular, with employment contracts. What is the specificity of the respective instructions? How are they developed?

What is a manufacturing instruction?

By production instruction it is customary to understand a local legal act that regulates the labor function of an employee, defines a list of his duties, rights, as well as the conditions for the occurrence of responsibility for certain actions. It can be noted that labor protection at the enterprise involves the preparation by the employees of the company responsible for personnel management, along with the document under consideration, also sources such as instructions for fire safety, instruction on labor protection.

All types of noted sources are compiled in accordance with the legislation of the Russian Federation, as well as by virtue of the internal corporate norms established at a particular enterprise. Labor protection at the enterprise is a process that requires the most much attention the development of the considered varieties of documents.

In the production instructions, the norms that characterize a specific position in the company are fixed. So, it reflects the rules that establish what kind of work the employee is obliged to perform, the requirements for the level of the employee's qualifications.

Let us consider in more detail the features of using the documents in question.

Purpose of manufacturing instructions

Why does a company need production instructions? The purpose of this document, if you follow the rules of official sources of law and practice corporate governance, is to provide regulation personnel management in the company. Manufacturing instruction regulates:

• key issues of personnel management;
• interaction of employees of various profiles with colleagues and management;
• the procedure for performing labor functions by specific specialists.

Creation of characterized high quality elaboration of production instructions allows the company to:

• build an effective system for the division of labor in the organization;
• stimulate labor productivity;
• ensure control over the activities of individual employees or their groups;
• increase the level of responsibility of the company's employees for own actions in the process of solving problems related to business development.

The presence of production instructions in the internal corporate document flow system allows the company to accelerate the process of adaptation of new employees to the specifics of local production tasks... This contributes to the stability of the process of release of goods, provision of services, stimulates business growth and the development of new promising segments.

Relationship of production instructions with other internal corporate sources

The document in question is quite closely related to other local regulations that are issued at the enterprise. First of all, it should be noted that the manufacturing instruction is a source that can be divided into a number of categories. Which ones?

There are sources such as industrial fire safety instructions. In it, special attention is paid, therefore, to the rules for the response of employees to the occurrence of a fire hazard. It can be a supplement to the Master Manufacturing Instructions, or it can be published as a separate local source.

There are instructions for industrial sanitation. They fix the norms reflecting how employees act in order to maintain the necessary level of sanitary conditions for the implementation of labor activities. This document, again, can supplement the main one or be published as an independent local source.

In some cases, the source in question may regulate labor functions not according to positions, but according to the areas of activity of specialists. For example, production instructions for the operation of electrical installations can be drawn up. There are documents of a similar purpose related to other areas of labor protection - not directly related to the labor functions of employees of enterprises. So there are production and technical instructions, which in their structure can be close to the manuals for the operation of certain objects of fixed assets used in production.

The document in question is developed for each position by the specialists of the company's HR department. For this, a typical production instruction for a particular position, as well as various sources of law, can be used. For instance - Qualification handbook, approved by the Ministry of Labor of the Russian Federation in Resolution No. 37, issued on August 21, 1998. Industry sources of law, recommendations of experts and analysts are often used for these purposes.

Which source you need to use to develop an optimal job description depends on the size of the enterprise, types of products, organizational characteristics. production process... Also, the requirements for the relevant documents, which are put forward by the parent organization, the owners of the company, and investors, may be important.

Production instruction as a source of regulation of the technological process and an employment contract

The production instruction is linked to the employee's employment contract. In some cases, their provisions are duplicated or complemented. In many firms, HR specialists prefer to include as much of the norms that characterize the production instructions as possible, namely, in labor contract... This is due to their desire to minimize labor costs on document circulation: the fewer the sources of local norms, the easier it is to organize their accounting.

But this is not always effective. The fact is that in some cases it is necessary to include a description in the production instructions technological process, while in the composition of an employment contract, it is sometimes problematic to place the corresponding wording. The technological process is one of the main criteria for separating production instructions from other types of local sources of norms. In order for the employee of the company to correctly ensure the compliance of his work with the noted criterion, the employer must provide him with the opportunity to familiarize himself with the official source of the requirements for his labor function.

In the event that the instructions in question are separate sources - in the contracts concluded by the company with employees under the Labor Code of the Russian Federation, a reference to them is usually indicated. It can be noted that both the production instruction and the employment contract have the same legal force from the point of view of the law. If an employee violates the norms that he undertook to comply with the instructions - including those that characterize the technological process, then the same legal consequences may arise that arise from non-compliance with the provisions of the contract.

Production and job descriptions

So, the production instruction can be used in the company along with other sources of labor protection. Some of them are similar to her, complement her. In particular, the production instruction is very similar to the job description.

In some cases, it is legitimate to consider them as synonyms. To draw up a job description, the same sources of law can be used as noted above. But, in fact, the production instruction characterizes mainly working positions, and therefore is most often drawn up by personnel services. industrial enterprises... In the corresponding document, a significant place is occupied by the description of the technological process, which must be followed by the employee of the company in the framework of performing his own labor function.

That is, the scope of the document in question is narrower. The production instruction regulates labor activity in industrial firms. In turn, the publication of documents of the second type is more typical for service enterprises. But from the point of view of structure, both will be practically the same.

Production instruction structure

Let us study, in this way, in what structure a typical production instruction can be presented. The document in question most often consists of the following key sections:

• "General Provisions".
• "Qualification requirements".
• « Production functions».
• "Duties".
• "Rights".
• "A responsibility".

In some cases, the production instruction is supplemented by other sections - for example, regulating the procedure for rewarding an employee for outstanding achievements in work.

The specified structure of the document, in general, is applicable to the job description. The main differentiating criterion between the respective types of documents, as we noted above, is the scope.

The procedure for developing production instructions is usually approved by local regulations of the employing company, since at the official level such sources of law are not adopted in the Russian Federation. Let's study the procedure for developing the source in question in more detail.

Features of the development of production instructions

First of all, you can study the question: in connection with what does the enterprise need to develop production instructions? As a rule, such a need becomes urgent:

• when the company forms an additional staff of employees (for example, in connection with the expansion of production, the opening of new branches);
• with a significant change in the labor function, which is regulated by local norms adopted earlier;
• when the content of labor contracts with employees changes for one reason or another (for example, when modernizing production).

Manufacturing instruction - a document that can be recommended for development in a firm on the recommendation of a higher structure, experts, audit companies. The source in question can be formalized as an independent source or approved as an attachment to the employee's contract. In Russian firms, the main types of documents used in the labor protection system (production, job descriptions in particular) are developed using both methods.

But, in general, both procedures are characterized by similar stages. Let's study them in more detail.

First of all, HR specialists work out the text content of the document. For this, as we noted above, a typical production instruction can be used, as well as official sources rights.

The section of the document reflecting its general provisions, as a rule, does not cause difficulties in design. This part of the instruction is among those that are characterized by minimal differences when comparing documents developed for different positions or groups of labor functions.

Certain nuances characterize the design of the "Qualification Requirements" section. They are most often viewed in context:

• job responsibilities;
• necessary knowledge of the employee;
• the level of education of a specialist and other qualification criteria.

If in the process of creating a document a typical production instruction is used, then the formulations that are present in it can quite superficially regulate the specifics of labor functions at a particular enterprise. Concerning personnel service the company may need to supplement the relevant regulations with those that more effectively reflect the specifics of the firm's manufacturing process. To solve this problem, the help of experts and analysts can be involved.

The next key section of the document is Manufacturing Functions. It is necessary to pay special attention to its compilation: as a rule, it is for it that the norms reflecting the specifics of the regulation of a specific labor function are characteristic.

For example, manufacturing instructions for the operation of electrical installations can regulate functions that are very different from those that characterize the work of, for example, a locksmith. This may be due to the specifics of the equipment used by the specialist of the profile for which the document is drawn up. The locksmith's production instruction will include norms that regulate in more detail a different labor function.

The section "Responsibilities" of the instruction is also among those that include wording that reflects the specifics of a particular position in the enterprise. For a specialist in the maintenance of plumbing equipment, the responsibilities will be one, for the worker - others. For example, a plumber is characterized by functions to ensure the proper operation of heating and water supply systems, and to carry out timely repairs of the relevant infrastructure. In turn, the worker can be responsible for the correct installation of these systems, checking their initial performance.

Sections such as "Rights" and "Responsibility", in turn, may include fairly universal wording. The production instruction of a worker, locksmith, electrical installation specialist may have practically similar norms in terms of the marked sections of the document in question.

The next step in creating a production instruction is design. Let's study its features in more detail.

Features of the design of production instructions

When solving the corresponding problem, one can focus on official sources of law - such as, for example, GOST R 6.30-2003. This GOST regulates the procedure for creating internal corporate administrative documents at enterprises. The main requirements that the corresponding

What are the differences between job descriptions and work instructions? How to properly familiarize employees with their job responsibilities? What are the consequences for an enterprise that lacks job descriptions and work instructions? These and other questions are answered by a senior researcher, State Research Institute of the Ministry of Social Policy of Ukraine Sergey Kravtsov.

"T": Sergei, tell us what are the conditions, type and procedure for the development of job and work instructions?

S.K .: As a rule, job (work) instructions are developed in compliance with the requirements and standards of construction, which are set out in the "General Provisions" of the Handbook of the qualification characteristics of workers' professions (hereinafter - SKHP), issue No. 1, section 1, based on the provisions on the relevant structural unit and qualifications characteristics contained in the branch issues of the SKHP.

Since in Ukraine the process of revision, improvement and development of qualification characteristics and the formation of some sectoral issues of SKHP continues, in their absence, you can use the qualification characteristics of the relevant reference books issued in Soviet times which remain in force on the basis of the resolution of the Verkhovna Rada of Ukraine dated September 12, 1991 No. 1545 - XII "On the procedure for temporary action on the territory of Ukraine of certain acts of legislation of the USSR", provided that the titles of positions (professions) correspond to the requirements of the National Classifier of Ukraine DK 003: 2010 "Classifier of professions" with changes and additions.

"T": What are the differences between job and work instructions?

S.K .: First of all, I would like to note that the job (work) instruction is a document that regulates the organizational and legal status of employees and defines a certain list of specific tasks and duties, rights, powers, responsibilities, necessary knowledge and qualifications that provide the proper conditions for the effective work of employees. ...

The main differences between job and work instructions: the first - for workers whose professions, among other things, require higher education, and the latter are skilled workers and laborers. The detailed difference between them is the structure of their construction and the number of required sections.

"T": How to properly familiarize employees with their job responsibilities?

S.K .: In accordance with article 29 of the Labor Code, before starting work in accordance with the concluded labor contract, the owner or his authorized body is obliged to:

1) explain to the employee his rights and obligations and inform him on receipt of: working conditions, the presence at the workplace where he will work, hazardous and harmful production factors that have not yet been eliminated, and the possible consequences of their impact on health, his right to benefits and compensation for work in such conditions in accordance with current legislation and collective agreement;

2) familiarize the employee with the internal labor regulations and the collective agreement;

3) determine the employee workplace, provide him with the means necessary for his work;

4) instruct the employee on safety precautions, industrial sanitation, occupational health and fire protection.

As a rule, job and work instructions correspond to the first paragraph, less often an employment contract with management.

"T": How to make changes and additions to job descriptions and work instructions?

S.K .: Changes and additions to job (work) instructions can be made only on the basis of the order of the head of the enterprise and with the consent of the employee. It should be added that in case of dismissal this employee this job (work) instruction does not need new approval from the employee who is hired for the same position or workplace.

An order on making changes and additions to job (work) instructions is also issued in the event of a change in the name of the enterprise, structural unit or position (profession) and any other changes to the content of sections of the job (work) instructions. The order form is usually arbitrary.

"T": How to choose the right qualification characteristics for the development of job and work instructions?

S.K .: Before selecting the necessary qualification characteristics for the development of job (work) instructions, you should correctly determine the type economic activity(industry) to which it corresponds. This can be determined using the National Classifier of Ukraine DK 009: 2010 "Classifier of Economic Activities" or by the name of the profession (if there is confidence in the correctness of its name), which is located in the Classifier of Occupations.

With the correct definition of the type of economic activity (industry), it is necessary to use the corresponding branch output of the SKHP, which, among other things, contains the qualification characteristics.

"T": What if there are no relevant qualifications?

S.K .: In the absence of qualification characteristics, job (work) instructions are developed based on the division of labor, tasks and responsibilities that are planned or actually developed between employees in the process of work, unless otherwise provided by law.

"T": What are the consequences for an enterprise in which there are no job and work instructions?

S.K .: Violation deadlines payment of pensions, scholarships, wages, their payment is not in full, as well as other violations of the requirements of labor legislation (in particular, the absence of job (work) instructions) in accordance with part one of Article 41 of the Code of Ukraine on administrative offenses may entail the imposition of a fine on officials of enterprises, regardless of the form of ownership and citizens - subjects entrepreneurial activity in the amount of 30 to 100 non-taxable minimum incomes of citizens, i.e. from 510 to 1700 UAH

In addition, part 1 of Article 173 of the Criminal Code of Ukraine provides that gross violation labor agreements official enterprises, regardless of their form of ownership, as well as by an individual or a person authorized by him by deception or abuse of trust or coercion to perform work not stipulated by an agreement, is punishable by a fine of up to 50 non-taxable minimum incomes of citizens or by deprivation of the right to hold certain positions or engage in certain activities for up to five years, or arrest for up to six months, or restraint of liberty for up to two years.

Unfortunately, the legislation does not define direct action regarding the lack of job and work instructions at the enterprise and the corresponding consequences. In this case, it all depends on the position of the Labor Inspectorate or the judiciary.

“T”: How to properly formalize a person if his educational level does not correspond to the qualification requirements of the position, but who has sufficient work experience and has proven himself well?

S.K .: « General provisions»SKHP, issue 1, among other things, provides that persons who do not have the appropriate education or work experience established by the qualification requirements, but have sufficient practical experience and successfully complete the tasks and responsibilities assigned to them, they can, as an exception, be left in their position or appointed to the appropriate positions on the recommendation attestation commission... The procedure for their registration is the same as for other employees who have the necessary education.

"T": How to correctly develop and approve instructions for one profession, but with different categories, discharges, classes?

S.K .: Job and work instructions are developed taking into account the categorization of professions. Class, rank, category, etc. are the grounds for the development and approval of individual job and work instructions for the same names of professions. The development procedure is the same as for other instructions. The difference is in the titles of positions and professions, as well as in some other labor duties of the respective employees.

"T": Is there a need to develop instructions for a director who works under a contract?

S.K .: In this case, you can get by only with a contract or an employment contract, which specifies all tasks, duties, responsibilities, and other directors.

"T": How to develop a draft qualification characteristics of a new profession and submit it for approval to the relevant government agencies?

S.K .: The qualification characteristic has the following sections: "Tasks and responsibilities", "Must know", "Qualification requirements". If necessary, there may be sections "Specialization", "Examples of work", "Personal requirements".

By itself, the procedure for describing the labor functions of an employee and, on the basis of this, the corresponding responsibilities is rather laborious and takes considerable time. There are corresponding guidelines for the development of draft qualification characteristics.

“T”: What branch issues of SKHP contain the same professions, and what is the difference between them?

S.K .: It should be noted that there are a large number of such profession names and they should be considered with specific examples. However, in any case, when using certain releases of the SKHP, one should select the type of economic activity, the industry that are inherent in the enterprise and the areas of work of the relevant workers.

"T": How to correctly develop job and work instructions for specializations of one profession?

S.K .: The answer to this question is very close to the answers to questions about the development of job and work instructions for classes, categories, categories, etc. A significant difference lies in the use of so-called cross-cutting professions, which can be used in a variety of industries.

You can find out more detailed answers to these and other questions at the conference "Personnel Policy of the Company", which will be held October 18 in Kiev. I invite everyone to attend the conference!

Question: Is it permissible in practice to apply job descriptions to workers in blue-collar professions, since the law does not clearly define what is the difference between job descriptions and job descriptions? It is permissible to combine the concepts of "job description" and " work instruction»For information retrieval purposes in the legal reference system? Is it permissible to use the term "work instruction" for workers or should the terms "work instruction", "occupational instruction" be used?

Answer:

FEDERAL LABOR AND EMPLOYMENT SERVICE

V Federal Service on labor and employment, the appeal was considered, we report the following.
The Labor Code of the Russian Federation does not contain any mention of job descriptions. At the same time, they refer to documents, the content of which is not only the labor function of the employee, the range of duties, limits of responsibility, but also the qualification requirements for the position held, the work performed.
Since the procedure for drawing up instructions is legal acts is not settled, the employer independently decides how to draw up and amend it.
When preparing the job description and making changes to it, one should take into account the requirements of the state standard GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork ", enacted by the Resolution of the Gosstandart of Russia dated 03.03.2003 N 65-st.
If in the employment contract, as a rule, only the labor function of the employee is indicated (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications), then in the job description in the section "Job responsibilities" the labor function is regulated in detail, the terms of reference of the employee are stipulated , the amount of work, the areas for which the employee is responsible, etc.
At the same time, the job description for positions included in the relevant qualification reference books is developed on the basis of the qualification characteristics specified in these reference books.
When developing job descriptions, it is allowed to clarify the list of works that are characteristic of the corresponding position in specific organizational and technical conditions.
The qualification characteristics included in the Qualification Directory of Positions of Managers, Specialists and Other Employees, approved by the Decree of the Ministry of Labor of Russia dated 08.21.1998 N 37, are normative documents intended to justify the rational division and organization of labor, the correct selection, placement and use of personnel, ensuring unity defining the job duties of employees and the imposed on them qualification requirements, as well as the decisions made on compliance with the positions held during the certification of managers and specialists.
Qualification characteristics in 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.
Since the qualification characteristics apply to employees of enterprises, institutions and organizations, regardless of their industry affiliation and departmental subordination, they represent the most typical jobs for each position. Therefore, when developing job descriptions, it is allowed to clarify the list of jobs that are characteristic of the corresponding position in specific organizational and technical conditions, and the requirements for the necessary special training of workers are established.
Thus, the concept of "job description" is typical for determining the content of the performed labor function of an employee filling a certain position.
As for workers hired in the professions of workers, to determine the content of the performed labor function, uniform tariff and qualification reference books of work and professions of workers in the relevant industries are used, which are intended for the tariffication of work, the assignment of qualification categories to workers, as well as for drawing up programs for training and advanced training of workers.
So, the General Provisions of the Unified Tariff and Qualification Directory of Work and Professions of Workers of the National Economy of the USSR, approved by the Decree of the State Committee of Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions of the USSR No. regulation of labor relations.
Thus, we believe that in order 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 employed in the professions of workers, it is necessary to develop and approve production (by profession) instructions.
We believe that in reference and legal systems, you can use various names of instructions in relation to categories of workers.