Responsibilities assigned to them. How to assign additional responsibilities to an employee

Employers want employees to perform their duties well. But the needs of the enterprise change, and the functionality of employees has to be adjusted. Sometimes employees are forced to take on additional work, and not always in accordance with their specialization. Is the subordinate's consent required for additional duties? How to document this? Let's find out in this article.

Why assign responsibilities to an employee?

A defined circle of responsibilities once and for all is, unfortunately, a utopia. Life and production are complex and multifaceted; they constantly pose new challenges that need to be solved, including by changing the responsibilities of employees.

There is only one goal: increasing the efficiency of the enterprise, minimizing costs and increasing income.

The reasons that most often force an employer to reconsider the responsibilities of his subordinates:

• the state has adopted new regulations, and it is necessary to bring the state into compliance with them;
• changes have occurred in the production process (new technologies, processes, equipment, etc. have appeared);
• the organization of work is changing;
• it is necessary to redistribute responsibilities between employees.

Documents regulating responsibilities

Logic dictates that these are the ones that will need to be amended when additional responsibilities are assigned.

1. Employment contract. As Part 2 of Article 57 of the Labor Code states, it must indicate the work function of the person being hired - work in one or more specialties within the qualifications. Naturally, a range of specific responsibilities is outlined. If this “circle” somehow changes, the employment contract will have to be adjusted.

   FOR YOUR INFORMATION! No one can oblige an employee to perform work that is not specified in the employment contract. All actions to change the main document are carried out exclusively with the prior consent of the employee 2 months before the planned changes in response to a written notification to management.

2. Job description. The employer can choose the duties it requires from the employee. If the legal conditions set out in the employment contract, and most importantly, the work function, do not change, then the manager has the right to change the job description without taking into account the opinions of employees.

   IMPORTANT! Managers try to secure the goodwill of subordinates when changing their responsibilities, otherwise cooperation is unlikely to be effective and last long.

There are 2 options for creating a list of responsibilities:

• How annex to the employment contract– then, with any changes, it will be necessary to conclude an additional agreement to the main document;
• How local regulatory legal act– you can issue a modified version of the job description and ask the employee to endorse it: this will be evidence of his acceptance of new responsibilities.

Additional responsibilities within one position

No regulatory documents other than the recommendations of Rostrud say how to draw up job descriptions, so their preparation is voluntary for the employer, and the form is arbitrary. Almost everyone still prefers to draw them up, since this document:

• significantly simplifies the organization of work;
• resolves possible disagreements regarding the work being performed;
• delineates responsibility;
• eliminates duplication of similar functions;
• is compiled not subjectively “for the employee”, but “for the position”, no matter who occupies it.

REFERENCE! When determining the responsibilities of a particular position, the Unified Tariff and Qualification Directory of Works and Professions is taken as a basis. Many of its provisions are outdated, and employers often need new positions that are not reflected in it. In such cases, local executive authorities may adopt regulations on the requirements for a particular position.

Managers can determine the content of the job description themselves, therefore, within the same position, they can add additional responsibilities to it, if such are:

• fit into the qualification characteristics;
• due to technical reorganization of the enterprise;
• caused by changes in working conditions.

IMPORTANT INFORMATION! If the reason for the changes is changes in technical and/or organizational working conditions, the employee must learn about this 2 months in advance (Part 2, Article 74 of the Labor Code). The employee’s consent is not required, but it is his right to be informed in a timely manner.

In all other cases, it is necessary to draw up an additional agreement to the employment contract, providing for the mandatory consent of the employee.

Two ways to assign responsibilities to additional positions

There are various reasons when an employer or employee may need to change the terms of reference. For example, a position is being reduced, and another competent employee agrees to take on a new activity for additional pay. Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can receive calls while in the office).

The Labor Code of the Russian Federation sets out 2 options according to which an employee can be assigned new responsibilities: internal part-time job And combination. When choosing the first or second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours.

The characteristics and differences of these two methods are shown in the table.

COMBINATION	INTERNAL COLLABORATION
Additional duties are performed in parallel with the main job.	Additional duties involve completing the main job first.
Working hours do not increase.	Working hours are increased (up to a maximum of half a working day, but not more than 4 hours a day).
Payment as agreed with the employer.	Payment is proportional to time worked.
An additional agreement to the current employment contract and a change in the job description are required.	It is necessary to conclude another employment contract with this employee - for an additional position at part of the salary.
Additional duties can be removed at any time by order of management.	To remove additional responsibilities, you must terminate the relevant employment contract.

It is up to the employer to decide which method is preferable in a particular situation.

Step-by-step plan for assigning additional responsibilities

1. Notify the employee in writing 2 months in advance of changes in working conditions.
2. Publish, internal part-time or.
3. Draw up an additional agreement to the employment contract or conclude an additional agreement.
4. Republish the job description and familiarize the employee with its new edition for signature.

If the employee is against

The introduction of new duties into the job description, if they are within the scope of qualifications, does not require the consent of the employee, so disagreements are often possible on this point, especially since wages in such cases are usually not revised. What should an employer do if, in response to his notice of an upcoming change in working conditions, an employee expresses disagreement with working under the new rules?

The employer must offer the person who disagrees in writing another position in accordance with his qualifications, even if it is of a lower rank or less paid, if it is vacant. If there are no such positions or disagreement follows again, the employee has the right to dismiss (clause 7, part 1, article 77 of the Labor Code).

Another option is when the terms of the employment contract are changed unilaterally. According to Part 1 of Article 72 of the Labor Code of the Russian Federation, this can be equated to a transition to a new job, for which the written consent of the employee is required. If the employer insists under threat of dismissal, the subordinate can take the following measures:

• ask in writing for an increase in pay for the new duties assigned;
• if it was not possible to reach an agreement, contact the labor inspectorate or the trade union (you must attach a copy of the main documents and the order imposing new duties);
• In case of illegal dismissal, the court will protect his rights.

So, to impose additional responsibilities, it is better to obtain the consent of the employee, notify him in time and draw up the necessary documents, making changes to the employment contract or job description, and, if necessary, concluding an additional agreement.

For various reasons, employees of enterprises and organizations may be absent from their workplace. But the production process should not suffer from this. In such cases, it is envisaged that the absent employee will be assigned to another person. How to arrange this correctly?

In this situation, there are subtleties that both the personnel officer and the manager must know. And employees will also benefit from raising their educational level. Let's look at how the duties of a temporarily absent employee are assigned, and what each party to the process should focus on.

Options for solving the problem

It should be noted that the assignment of duties to a temporarily absent employee is carried out only in accordance with the law. The TC proposes two options for solving the problem. The administration may offer the employee a part-time job, that is, he will work for two people for some time. Another way is translation. In this case, the employee is relieved of his main duties.

For example, if the boss’s secretary goes on vacation or gets sick, a courier can be hired in his place. At the same time, the administration should consider whether this person will be able to perform his previous duties. If he manages to fit into working hours, then a part-time job is used, otherwise - a transfer.

The assignment of duties to a temporarily absent employee must be properly formalized and additional payments must be taken into account. It is also necessary to keep in mind that in post-Soviet countries, whose legislation in the field of labor relations is based on the previous code, changes have occurred. This means that personnel officers should look for a solution based on the national regulatory framework.

Fundamental question

The procedure for replacing an absent employee is set out in the relevant national legislation. The Labor Code of the Russian Federation states that such an event is carried out only with the consent of the employee. This means that the personnel officer must obtain a document in which it is expressed. Lawyers recommend signing an additional agreement. It contains the following data:

• Parties to the contract.
• List of duties or positions.
• Scope of work.
• Surcharge.
• Validity periods.

Signing such an agreement will mean the written consent of the employee. On its basis, a temporary absent employee is compiled. Such a document contains the information listed above.

Assignment of responsibilities to a temporarily absent employee (RB)

The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is release from main duties and assignment of what the absent employee was doing. The second option involves double load. Substitution can be made with the consent of the worker.

There are exceptions. In cases where there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement. That is, the employee is offered to take up other work for a while. He signs the appropriate paper, which indicates the terms and amount of payment. It is prohibited to set a salary that is less than what the person previously received.

Documenting

Any changes in the work schedule should be documented with the appropriate papers, including the assignment of duties to a temporarily absent employee (RB). An order on this topic is no different from other similar documents. It contains all the details as required. A link to the relevant article of the Labor Code is also required. An order or other document characterizing the reason for the absence of the official and the head of the unit is indicated as the basis. Here's an example:

“Based on Art. 67 of the Labor Code of the Republic of Belarus and in connection with the absence of the secretary of the head Ivashchenko S.N. from the workplace:

1. The duties of the manager's secretary shall be assigned to HR specialist T. with her written consent for a period of (specify) while maintaining responsibility for the performance of the main work.
2. The accounting department will make an additional payment to Ishchenko R.T. in the amount of 50% of the secretary’s salary during the specified period.”

You can read this order in more detail below.

Subtleties of legislation

Let's return to the Labor Code of the Russian Federation. Fundamentally, the legal and regulatory framework of both countries is identical. But each has its own nuances. So, if the administration issues an order on assignment, you should think carefully about the reason for the worker’s absence. Vacation or sick leave options are common. They are self-explanatory.

But if an employee goes on a spree, then it is necessary to first issue a document on the beginning of an investigation (act), only then shift his responsibilities to others. That is, the absence must be explained. The regulation of surcharges also differs in the laws of these countries. In the Russian Federation there are no documents that would strictly regulate the amounts. They are charged on a contractual basis. But in the Republic of Belarus this is also true only for private enterprises. Additional payments for part-time jobs for public sector employees are regulated by the government.

Assigning duties to a temporarily absent employee without consent

This measure is practiced in special conditions. These include catastrophes, accidents, natural disasters and other events that pose a threat to the population (part of it). In such a scenario, the person may be assigned another job for up to a month. Such a norm exists in the legislation of both the Russian Federation and Belarus.

Naturally, the personnel officer will still have to formalize all this with an order. The Labor Code of the Russian Federation allows translation without consent in other cases. These include, for example, downtime or liquidation of an accident. However, transferring an employee to a position with lower qualifications without written consent is prohibited. This should be taken into account in your work.

Easier replacement method

To ensure that the production process is not slowed down due to illness or vacation of a specialist, you can hire another person to take his place. Sometimes this method is more optimal than redistributing responsibilities. However, leaders are extremely reluctant to agree to it. It's all about finances. A newly hired employee will have to pay the entire salary, while for a full-time employee even half is enough. This results in serious savings in funds.

There is also such a nuance as an introduction to the matter. A new person is unfamiliar with the intricacies of production. Consequently, his work will limp and let others down. Temporary assignment of duties can be carried out for a period of up to one year or until the main employee leaves. In case of transfer, the person retains his place of service. That is, when the main employee returns, his “deputy” should be given the same place.

Civil servants perform the duties assigned to them on a permanent or temporary basis, based, as a rule, on competitive selection, depending on the category of the position. The position held by a civil servant determines the content of his activities and legal status. The volume, forms, and methods of participation of a civil servant in the practical implementation of the competence of the state body in which he works depend on the position. In accordance with Art. 2 of the Law “On Civil Service”, a position is a primary structural unit of a state body and its apparatus, determined by the structure and staffing table, which is entrusted with the range of official powers established by regulations. This concept can be used for each government body, structural unit, and their apparatus. Unfortunately, this cannot be said about the concept of officials given in the Law, who, in accordance with this Law, are considered to be heads and deputy heads of state bodies and their apparatus, other civil servants who are entrusted by laws or other regulations with the implementation of organizational, administrative and advisory functions. advisory functions. The question of defining an official is of great importance. Therefore, the above concept cannot satisfy theory and practice from a fundamental standpoint. Firstly, it is unclear, since it refers to civil servants who are entrusted by laws and other regulations with carrying out organizational, administrative and advisory functions, and the preamble of the Law states that it determines the status civil servants working in government bodies and their apparatus. Secondly, this concept refers to persons vested with consultative and advisory functions. However, not only officials, but also other persons can be vested with consultative and advisory functions, as is practically the case. If a “consultant” or “adviser” is not endowed with organizational and administrative functions, or it would be better to say - with power and administrative functions, then he cannot be classified as an official. The practical meaning of the concept of “official” is closely related to criminal law, the institution of administrative responsibility, and all sectors and areas of management activity.

The Labor Code of the Russian Federation does not contain any mention of a job description, and the requirements for its preparation and content are not regulated. And yet, it is an important document, the presence of which can help the employer in regulating labor relations issues. The absence of job descriptions can sometimes do the employer a “disservice”: in the event of a dispute with an employee, it will be extremely difficult for the employer to prove the employee’s failure to comply with the employer’s requirements, since the requirements….are not recorded anywhere.

With a competent approach, the employer, without violating the requirements of the law, will be able to use the job description as a lever of influence on the employee . Without going into details of the development of new job descriptions for newly introduced positions, as well as for newly hired employees, we will consider cases and controversial issues of using job descriptions as a lever of influence on employees who have been working at the enterprise for a long time, depending on the specific goals of the employer.

Goal 1: Fire low-skilled workers

Remedy: changing qualification requirements in the job description

Of course, it is possible to change the qualification requirements for an employee who is already working. Most often, employers simply... increase the requirements for the employee’s level of education or clarify his profile. For example, instead of requiring the presence of " education not lower than secondary vocational" establish the mandatory presence "Higher education (bachelor's programs)." Or in the job description as a requirement for the employee’s qualifications instead of indicating "having a higher education" without indicating his profile, the new job description clarifies: “having a higher legal education.”

Meanwhile, using the means in question, justifying changes in qualifications by introducing professional standards, most of which have already been approved, employers are prone to making the same mistakes.

Error 1: consider it possible to dismiss under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation (due to the employee’s incompatibility with the position held or the work performed due to insufficient qualifications confirmed by certification results).

Error 2: consider it possible, due to the lack of the required level of education, for the employee holding the position to be recognized as “inappropriate for the position held” during the certification process.

Error 3: consider it mandatory to apply professional standards to change the level of qualifications of an employee indicated in the job description.

Justification for errors: Article 195.1 of the Labor Code of the Russian Federation determines that an employee’s qualification is the level of knowledge, skills, professional skills and work experience of an employee, and a professional standard is a characteristic of the qualifications necessary for an employee to carry out a certain type of professional activity.

From 07/01/2016 in accordance with the wording of Art. 195.3 of the Labor Code of the Russian Federation (introduced from 07/01/2016 by Federal Law of 05/02/2015 No. 122-FZ “On Amendments to the Labor Code of the Russian Federation and Articles 11 and 73 of the Federal Law “On Education in the Russian Federation”) professional standards may become mandatory for application employers However, this applies only to cases where, in accordance with the Labor Code of the Russian Federation and other federal laws, the provision of compensation and benefits or the presence of restrictions are associated with the performance of work in certain positions, professions, specialties (see Article 57 of the Labor Code of the Russian Federation).

In cases where the mandatory application of professional standards is not established by Part 1 of Art. 195.3 of the Labor Code of the Russian Federation, the qualification characteristics contained in professional standards will be used by employers as the basis for determining the qualification requirements for employees. Currently, when developing job descriptions, employers use the Qualification Handbook.

Meanwhile, we must not forget the reservation made in paragraph 10 of the Qualification Handbook that persons who do not have special training or work experience established by the qualification requirements, but have sufficient practical experience and perform efficiently and fully the job duties assigned to them, recommendations of the certification commission, as an exception, can be appointed to appropriate positions in the same way as persons with special training and work experience. The same rule is enshrined in clause 8 of the Resolution of the Ministry of Labor of the Russian Federation dated 02/09/2004 No. 9 “On approval of the procedure for applying the Unified Qualification Directory for positions of managers, specialists and employees.”

To dismiss an employee under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation, it is necessary to carry out a number of rather complex procedures one by one (approving the certification procedure, lists, conducting certification, offering vacancies to employees recognized as not suitable for the position, etc.). It is impossible to simply fire an employee by increasing the requirements for the level of education for the position he occupies.

Case studies: The employer’s actions challenged by the employee did not lead to the recognition of his new job description with increased requirements for the employee’s qualifications as illegal. The court recognized the employer’s demands as not contradicting the Qualification Directory and not violating the rights of the employee (see the cassation ruling of the Court of the Jewish Autonomous Region dated December 21, 2011 in case No. 33-569/20111 ). See the similar position of the court regarding increasing the requirements for an employee’s qualifications in the appeal ruling of the Khabarovsk Regional Court dated February 27, 2013 in case No. 33-13692 .

Conclusions:

It is legal for an employer to change the requirements for an employee’s qualifications in a newly introduced (to replace the previously existing) job description, including taking into account the provisions of the CAS or professional standards.

The use of professional standards will become mandatory after 07/01/2016 (for some professions, the deadline for introducing professional standards is even later), only if, in accordance with the Labor Code of the Russian Federation, other federal laws, the provision of compensation and benefits or the presence of restrictions are associated with the performance of work in certain positions, professions, specialties. In other cases, the provisions of professional standards will be advisory in nature.

The decision of the certification commission on the inadequacy of the position held may be challenged in connection with the non-application of the provisions of clause 10 of the Qualification Handbook.

Dismiss an employee using as a means a change in the qualification requirements in his job description, according to clause 3, part 1, art. 81 of the Labor Code of the Russian Federation will not be possible.

If the discrepancy with the position held is confirmed in the certification procedure, the employer will need to follow the procedure of offering the employee another job that meets his qualifications, in accordance with the procedure provided for in clause 3, part 1, art. 81 Labor Code of the Russian Federation.

Useful consequence: Most likely, increasing requirements for the level of education or specialization will force the employee to undergo appropriate training to meet the new requirements of the employer. This will be equally relevant for employees who are already working in a specific position, and for employees who strive to occupy this position through personnel rotation.

2. Goal: expanding the range of responsibilities

Remedy: changing the scope of job responsibilities in the instructions

Expanding the range of employee responsibilities or changing their scope in any direction is not contrary to the law. However, the likelihood of making one, but very significant mistake, is extremely high, since it can be very difficult to determine the line between the responsibilities for one position and the responsibilities for another.

Error 1: expansion of job responsibilities, recognized as a significant change in the employee’s job responsibilities, which is a violation of the provisions of Art. Art. 57, 60, 72 Labor Code of the Russian Federation.

Error 2: changing the employee’s labor function unilaterally, which is unacceptable due to the prohibition established by Art. 74 Labor Code of the Russian Federation.

Justification for errors:

In accordance with paragraph. 2 tbsp. 57 of the Labor Code of the Russian Federation, a labor function is work in a position in accordance with the staffing schedule, profession, specialty, indicating qualifications. Article 60 of the Labor Code of the Russian Federation establishes a ban on requiring an employee to perform work not stipulated by an employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws.

By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are 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.

According to Part 1 of Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they can be changed at the initiative of the employer , with the exception of changes in the employee’s labor function. If, when changing the job description, the employer changes the employee’s job function, significantly changes the job responsibilities, this is a violation of the provisions of Art. Art. 57, 60, 72 Labor Code of the Russian Federation.

Case study: the employer of the medical institution introduced a new job description, which the employee did not agree with and filed a lawsuit to impose an obligation to cancel the order of the hospital's chief physician approving this instruction and declaring it not subject to application. The court, having established that the approval of the contested job description significantly changes the plaintiff’s work responsibilities, which is a violation of the provisions of labor legislation, fully satisfied the claim (decision of the Supreme Court of the Komi Republic dated July 16, 2012 in case No. 33-2986AP/2012 ).

Conclusions:

A significant change in the newly approved job description of the employee’s labor duties is a violation of the provisions of Art. Art. 57, 60, 72 Labor Code of the Russian Federation .

Changing the employee’s labor function is possible only in accordance with Art. 72 of the Labor Code of the Russian Federation, that is, by agreement of the parties.

3. Goal: to simplify the application of punishments to the employee

Remedy: clarification of job responsibilities without expanding them.

It is no secret that many employers take a formal approach to the content of labor instructions when they are initially approved. But then it turns out that bringing the employee to disciplinary liability is very problematic, since the job description contains very general wording about the employee’s job responsibilities. Subsequently, employers realize this mistake and try to correct the situation by introducing new job descriptions, risking again making other mistakes.

Error 1: If the employee refuses to sign to familiarize himself with the new job description, the employer considers the grounds for dismissal provided for in paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties).

Error 2: The lack of explanatory work with employees whose job descriptions are changing often leads to labor (including judicial) disputes.

Justification for errors:

In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function (Part 1 of Article 74 of the Labor Code of the Russian Federation). Clarification of job responsibilities in a job description, which exists as a separate document, without increasing their volume does not constitute a change in the employment contract. Consequently, the grounds for dismissal provided for in clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, an employee’s refusal to familiarize himself with the new job description does not form.

Lack of outreach to employees, which ultimately leads to disputes, is a tactical mistake by the employer. In this case, the employer simply does not take into account the risk of losing the time and labor resources of his own lawyers in the courts, or the risk of an unscheduled inspection of the enterprise by the state labor inspectorate or another body exercising functions of supervising compliance with legislation in a certain field of activity.

Example: the employee was dismissed by the employer under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation due to the fact that he refused to familiarize himself with and sign the new job description. During the consideration of the dispute regarding the employee’s claim for reinstatement at work, the court found that the new job description does not provide for any significant changes to the terms of the employee’s employment contract; it only introduces clarifications within the framework of the same job responsibilities. That is, the circumstances that forced the employer to carry out the procedure provided for in Art. 74 of the Labor Code of the Russian Federation, has not actually been formed. Since the employer mistakenly decided that in this situation the employee could be dismissed under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, the court declared the dismissal illegal and reinstated him at work (appeal ruling of the Omsk Regional Court dated April 29, 2015 in case No. 33-2668/2015.

Example: the employee tried to challenge the legality of her new job description in court. During the consideration of the case, the court found that no new duties were assigned to the employee. Onlyclarification and specification of the employee’s job responsibilities, which the court did not recognize as a change in the job function. The plaintiff’s argument about the employer’s violation of the requirements of Art. 74 of the Labor Code of the Russian Federation, since the employer did not notify her of the upcoming changes, the court considered it erroneous, since the court did not identify the circumstances that determined the application of the provisions of this article. Taking into account this position, the court came to the conclusion that it was legal for the employer to introduce a new job description, and, accordingly, refused to satisfy the employee’s claims (see the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated July 3, 2014).

See a similar decision: appeal ruling of the Moscow City Court dated March 30, 2015 in case No. 33-10398/2015, appeal ruling of the Khabarovsk Regional Court dated June 5, 2015 in case No. 33-3613/2015).

Conclusions:

The employer has the right to independently, taking into account the specifics of the job and the requirements of the law, determine the range of responsibilities of the employee, recording them in the job description, and the employee is obliged to fulfill them.

The employer's clarification of the employee's job responsibilities by adopting a new job description does not constitute a change in the terms of the employment contract.

The employer's approval of a new job description without expanding the employee's job responsibilities is lawful and does not entail a violation of any employee rights.

The absence of violations of employee rights does not exclude the risk of the employee challenging the new job description.

An employee’s refusal to sign a new job description for the same position does not form the basis for dismissal provided for in clause 7, part 1, art. 77 Labor Code of the Russian Federation.

GENERAL CONCLUSIONS

The procedure for drawing up job descriptions is not regulated by law, and therefore each employer independently decides how to draw it up and make changes to it. The content of this document also does not have clear legislative provisions.

A job description, when used correctly, can be an excellent lever of influence on an employee.

Job responsibilities can be clarified by describing down to the step-by-step duties and actions of an employee when performing the usual algorithm of job functions. This will simplify bringing the employee to disciplinary liability, since it will be possible to indicate an accurate and understandable point in the job description that the employee violated by a certain action/inaction.

Expansion of job responsibilities must be applied very carefully, without going beyond the scope of the job function. Otherwise, in the event of a dispute, there is a risk that the court will recognize the change in job description as a significant change in the employee’s job responsibilities, that is, a change in the employee’s job function, which is a violation of the provisions of Art. Art. 57, 60, 72 Labor Code of the Russian Federation.

An employee’s refusal to sign a new job description for the same position does not form the basis for dismissal provided for in clause 7, part 1, art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties).

The employer has the right to change/increase the requirements for the employee’s qualifications in the newly introduced job description, including taking into account already approved professional standards. However, dismiss the employee immediately after approval of the new job description under clause 3, part 1, art. 81 of the Labor Code of the Russian Federation will not be possible. To use this basis for terminating an employment contract with an employee, it is necessary to fulfill all the legislator’s requirements for the procedure for certification of employees, as well as the procedure for offering vacancies before dismissal (requirements of Part 3 of Article 81 of the Labor Code of the Russian Federation).

A job description, drawn up as a separate document and not an annex to an employment contract with an employee, does not require a special introduction procedure. It is enough to approve it by order and familiarize the employee with it. Expanding the list of job responsibilities without changing the job function will require the employer to already carry out the notification procedures provided for in Art. 74 Labor Code of the Russian Federation.

We all often hear about certain officials holding high positions and performing important functions. Who are they and how do they differ from ordinary citizens? The answer to this question is provided by the Russian Administrative Code - Administrative Code. The officials, their status and responsibilities will be discussed in this article.

Concept of an official

A Russian citizen performing the functions of a government representative is called an official. Moreover, power does not necessarily have to be state power. A person can acquire the status in question by occupying a senior position in a public institution, party, enterprise or even in a production organization. In most cases, the functions that an official performs are closely related to administrative, economic and organizational activities.

There are several definitions of the concept “official”. The Code of Administrative Offenses of the Russian Federation states that an individual has committed an administrative offense. The Criminal Code of the Russian Federation refers to a criminal offense, and the Civil Code of the Russian Federation refers to civil legal relations. If we look at the concept through the prism of the Russian elite, then we are talking about a representative of a government body of the Russian Federation. Next we should consider the definition provided by the Russian Administrative Code.

Official: Art. 2.4 Code of Administrative Offenses of the Russian Federation

The Administrative Code of Russia provides a comprehensive definition of the presented concept. According to the law, an official is a citizen who is vested with certain powers in the manner prescribed by law. A person extends his functions to citizens who are not officially dependent on him.

Officials, as defined by the Code of Administrative Offenses, perform functions of an administrative, economic and administrative-organizational nature. Such persons may exercise their powers in the following public spheres:

• Russian Armed Forces;
• local government authorities;
• state and municipal organizations.

Persons who violated the duties and powers assigned to them will be punished in accordance with the articles of the Code of Administrative Offenses “On Officials”. Some such articles will be discussed in detail below.

About the status of an official

Who is an official under the Code of Administrative Offenses of the Russian Federation? This question can be answered, but only by first determining the status of the person. To do this, it is necessary to pay attention to the legal regulation of assigned powers. Moreover, the status does not depend on the objective implementation of the functions performed.

An official has the right to exercise the rights entrusted to him or to refrain from them. However, a citizen cannot refuse his duties. Thus, in this area an equal ratio of imperative and dispositive principles prevails. In administrative law, it is possible to identify private and public activities that fall under the jurisdiction of an official. It should be noted that such identification is possible only in the field of administrative law. Thus, in the criminal sphere, a person has the opportunity to exercise only public powers.

Features of an official in administrative law

The Code of Administrative Offenses establishes types of liability for both legal entities and officials. In most cases, sanctions are imposed on a citizen for improper performance of duties, or for complete failure to perform them.

Officials may bear responsibility both in the administrative sphere and in any other sphere. In particular, it is not uncommon for a citizen to be sentenced under criminal law. In criminal legislation, officials are understood as citizens who temporarily or permanently exercise the functions of a government representative. Chapter 30 of the Criminal Code of the Russian Federation is entirely devoted to officials.

The Code of Administrative Offenses of the Russian Federation provides a much broader and more voluminous definition. In administrative law, the subject of liability is the person who committed an offense within the scope of his authority. These are not only managers and representatives of the commanding staff, but also ordinary government employees performing administrative, economic and managerial functions.

Officials and ordinary citizens

In the administrative and legal sphere, officials are considered to be both representatives of government authorities and some ordinary employees. So what is the difference between ordinary people and officials? According to the Code of Administrative Offenses of the Russian Federation, the category of officials includes citizens working in government bodies and performing a number of administrative and economic functions there. This should also include individuals engaged in entrepreneurial activities - the so-called individual entrepreneurs. This is where many complaints and disputes arise.

One might think that individual entrepreneurs are far from defining the Code of Administrative Offenses as an “official.” If we take the activities of individual entrepreneurs, as well as violations in the sphere of exercising powers, then the legal nature will resemble the activities of ordinary legal entities. persons The motives, the nature of the acts, the composition of the violations - all this indicates the distance of the individual entrepreneur from the officials. And this is no coincidence. Recently, the legislator has really begun to move away from the identification of individual entrepreneurs and official citizens. A number of individual cases have shown that the liability of entrepreneurs has increasingly begun to be formed based on the affairs of legal entities. A simple example is a recent note to Article 16.1 of the Code of Administrative Offenses of the Russian Federation. The liability of an individual entrepreneur now falls into the legal category. persons, but not in all cases. So far, a similar rule applies to Article 7.34 of the Code of Administrative Offenses on violation of the use of land plots.

Offenses by officials

The “special part” of the Russian Administrative Code contains 442 articles. Of these, 330 are devoted to the responsibility of officials - that's almost three quarters. Most of the articles are devoted to the entrepreneurial and organizational and economic activities of citizens. It is worth highlighting offenses in the following areas:

• encroachment on civil rights (50 articles from Chapter 5 of the Code of Administrative Offenses of the Russian Federation);
• protection of property (29 articles from Chapter 7 of the Code of Administrative Offenses of the Russian Federation);
• ecology, environmental management and environmental protection (38 articles from Chapter 8 of the Code of Administrative Offenses of the Russian Federation);
• agriculture, land reclamation and veterinary medicine (14 articles from Chapter 10);
• communication and information (23 articles from Chapter 13 of the Code of Administrative Offenses of the Russian Federation);
• industry, energy and construction (14 articles from Chapter 9);
• finance and taxes, as well as business activities (59 articles from chapters 14 and 15);
• customs sphere (21 articles from Chapter 16);
• encroachment on government bodies of the Russian Federation (10 articles from Chapter 17);
• military registration (4 articles from Chapter 21);
• management order (19 articles from Chapter 19).

Thus, the responsibility of officials in the Code of Administrative Offenses is provided for almost everywhere.

Sanctions for offenses

Are there any special types of sanctions for officials? The Russian Administrative Code states that imposing punishment on an organization does not exempt officials from liability. The most common type of punishment for such citizens is an administrative fine and disqualification.
In the latter case, we are talking about deprivation of the opportunity to hold a professional position for a period determined by the court. A simple example is the highest official of a constituent entity of the Russian Federation. The governor, head of the republic, district or any other region may be dismissed for any offense. Sometimes disqualification may coincide with lustration - but only in cases of change of power throughout the country.

Examples of officials

It is not so easy to determine an official by legal status alone. The Code of Administrative Offenses, unfortunately, does not provide detailed information about individual types of professions. That is why it is worth considering examples from practice.

Often citizens get a job, after which they cannot understand whether they are officials. Rights and responsibilities in this case are the best way to determine status. For example, you can take a storekeeper. It would seem that such an employee can acquire the status in question? In fact, he can if he signs a document on financial responsibility. In this case, he will have administrative powers and will have the right to accept or issue goods at his own discretion. This happens, but not often: sometimes employers decide to entrust their subordinates with some of their own functions. Whether this is good or not is a moot point. Ordinary workers, having received the status of an official, acquire a special type of responsibility. Therefore, they may be subject to sanctions if the entire organization commits violations.

Rights and obligations of officials

From the problem of assigning responsibility to officials, it is worth moving on to the problem of assigning responsibility on behalf of such citizens. Officials from the system of government bodies have the duty of protecting the state system and combating lawlessness. Their main task is to ensure expedient, conscientious, fair and legal bringing of order violators to administrative responsibility. To do this, a circle of government officials is determined, who are officials, after which they are vested with powers.

More than sixty supervisory authorities consider administrative cases, of which there are about four hundred in the Administrative Code. For example, police departments deal with 50 types of violations, among which are the areas of traffic, law enforcement, etc. In police departments, officials are managers and their deputies. These are the people who consider cases of violation of the law.

Tasks of officials

It is worth considering the work of officials in identifying offenses using the example of the Department of Internal Affairs. It is this authority that carries out most of the functions in the field of crime prevention and suppression. Cases of the following nature are being considered:

• violation of the rules of stay at the state border;
• appearing in public places while drunk;
• petty hooliganism;
• drinking alcohol in public places;
• violation of road safety rules, etc.

The power of the Department of Internal Affairs affects many spheres of public life, but it is not unlimited. It is also worth noting that actions and inactions of an official that do not comply with the law can be identified and condemned by another official.

Authorized authorities

Which officials have the right to decide cases of administrative offenses? It all depends on the severity of the violation of the law. So, it is worth paying attention to the following authorities:

• customs and tax authorities, military registration and enlistment offices, border services;
• executive agencies;
• collegiate administrative commissions;
• commissions for minors;
• magistrates, as well as judges from district and regional courts.

Civil servants in Russia are divided into federal and regional. The Parliament, the Government and the President operate at the federal level. At the regional level - the highest official of the constituent entity of the Russian Federation, regional authorities and courts.