In the organization, some positions do not correspond to the ETKS and the qualification directory of positions. How to reformat them correctly? What entry is made in the work book?
Based on the second part of Art. 57 of the Labor Code of the Russian Federation, if in accordance with the Labor Code of the Russian Federation (other federal laws) the provision of compensations and benefits is associated with the performance of work in certain positions, professions, specialties or restrictions are established, then the names of these positions, professions or specialties and qualification requirements for them must comply the names and requirements specified in the Unified Tariff and Qualification Directory of Works and Professions of Workers (ETKS) and the Unified Qualification Directory for the Positions of Managers, Specialists and Employees (EKS).
Therefore, the names of positions should be indicated in the employment contract, staff list and work books in strict accordance with the named reference books. In this regard, it is necessary to make appropriate changes to, employment contracts, work books of employees.
The staffing table (unified form N T-3, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1) is one of the local regulations of the organization (Article 8 of the Labor Code of the Russian Federation). Changes to the staffing table are made in accordance with the order (instruction) of the head of the organization or a person authorized by him. Changes in the staffing table must be made known to those employees who are affected.
When making changes to the staffing table, there are several options for action.
Some experts believe that if the changes are of a single nature, it is more expedient to issue an order to amend the staffing table. In this case, the changes made can be recorded in the order itself, and in the staffing table, opposite the corrected position (in a note), indicate the number and date of the change order.
Another option is to issue a new or additional staffing table. In this case, the additional staffing will operate along with the previous staffing. In this case, the additional staffing table, like the main one, is approved by order of the head.
In the event that you decide to issue a new staffing table, it will be necessary to indicate in the approval order that the previous schedule has become invalid. Thus, you can choose the most convenient option for you.
Changing the name of the position formally implies a change in the labor function of the employee, i.e. transfer of an employee to a new position. The labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee) is a prerequisite of the employment contract (Article 57 of the Labor Code of the Russian Federation).
As a general rule, changing the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties, with the exception of cases provided for by the Labor Code of the Russian Federation, while such an agreement is concluded in writing (Article 72 of the Labor Code of the Russian Federation).
The agreement of the parties is drawn up in the form of a written supplement to the employment contract, which specifies all the changes made to it.
Such changes include, in particular, the title of the position, as well as, depending on the specific situation, other conditions, such as job duties, salary, etc.
The additional agreement signed by the parties is an integral part of the employment contract and confirms the consent of the employee to the transfer.
Based on this agreement, the employer will have to issue an order to transfer the employee to a new position (unified form N T-5, approved by Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1). Based on the transfer order, marks are made in the employee's personal card (unified form N T-2), as well as in his personal account (unified form N T-54 or N T-54a).
According to the fourth part of Art. 66 of the Labor Code of the Russian Federation, information on transfers to another permanent job is entered in the work book of the employee. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, manufacturing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules). The procedure for filling out work books is established by the Instructions for filling out work books, approved by Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69.
In accordance with paragraph 10 of the Rules, all entries about the work performed, transfer to another permanent job are entered into the work book on the basis of the relevant order (instruction) no later than a week.
Paragraph 3.1 of the Instructions provides that in column 3 of the section "Information about work" of the work book, entries about the name of the position (work), specialty, profession, indicating qualifications are made, as a rule, in accordance with the organization's staffing table.
An entry in the work book about transferring to another job will look like this:
in column 1 of the section "Information about the work" the serial number of the entry is entered;
in column 2 - date of transfer;
in column 3 it is written: "Transferred to such and such position";
column 4 indicates the date and number of the order (instruction) on the transfer.
Prepared answer:
Legal Consulting Service Expert GARANT
Avdeykina Alevtina
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim
The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For more information about the service, contact your manager.
The staffing table is drawn up on a specific date, usually approved on January 1 annually and put into effect by order of the head of the organization; as necessary, changes can be made to it (also by order).
But re-approval of the staffing table for the coming year is not necessary if minor changes were made to it (in this case, a list of changes is drawn up) or they were not made at all.
In this order, unlike the standard form of the order for the main activity, there is no ascertaining part, and the order can begin immediately with the words "I ORDER", since no additional explanations are required to put the staffing table into effect. Although you can specify the reasons (if any) for which the approval of the new staffing is taking place.
An example of the text of the order on the approval of the staffing table:
It is necessary to pay attention to the fact that in the employment contract of the employee, the name of the position must correspond to that indicated in the staffing table.
If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the names of these positions, specialties or professions and the qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the order established by the Government of the Russian Federation (Article 57 of the Labor Code of the Russian Federation).
At the moment, there are the following guides that you can use when establishing a profession (position) in the staff list:
ETKS - Unified Tariff and Qualification Directory of Works and Professions of Workers;
Unified qualification directory of positions of managers, specialists and employees;
OKPDTR - All-Russian classifier of occupations for workers,
positions of employees and wage categories.
For scheduling, use form No. T-3 Album of unified forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004. No. 1.
It should be remembered that unified forms cannot be reduced.(all details of the forms should remain unchanged), but you can make additions to them. If you do not need a section of the uniform form (for example, your organization does not have such a thing as a "surcharge"), the corresponding form column can be narrowed down and simply not filled out.
The order of arrangement of structural units and positions in them is determined by the head of the organization.
Each structural unit should include full-time positions for all categories of personnel with an indication of the specialty, starting with the highest and ending with the junior link.
The total number of staff units according to the staffing table must correspond to the estimated number of payroll provided in the estimate.
The names of structural units and positions in them are written in the nominative case in accordance with the lists of positions of employees and working professions approved in the qualification reference books.
Particular attention should be paid to the correspondence of these names for workers employed in heavy work, work with harmful, dangerous and other special working conditions, i.e. preferential category when applying for a pension.
The staffing table shows the total number of staff units.
In column 4 "Number of staff units": for positions for which the content of an incomplete staff unit is provided for, taking into account the characteristics of part-time work, it is indicated in the appropriate shares - 0.25; 0.5; 0.75.
According to the results of inspections of the Federal Labor Inspectorate, the most bugs is revealed when filling out the "salary" column of the staffing table.
When filling out this column, entrepreneurs often make mistakes, indicating a range of values, for example, 5,000 - 7,000 rubles. It is clear that two people holding the same positions in the same organization can work differently and receive different salaries. To reflect such features in the staffing table, there is special column "surcharges" or they introduce essentially the same type of staff positions of a leading manager and a manager or an assistant manager, a senior economist and an economist, but whose official salaries are different.
must be approved at least once a year, and it is not necessary to bring it to the attention of employees.
The main purpose of the staffing consists in the fact that in the event of the dismissal of an employee under paragraph 2 of Article 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees), be able to prove in court that the organization did not have the opportunity to employ this employee and that his dismissal was legal, that is the rule on the pre-emptive right to remain at work was not violated (Article 179 of the Labor Code of the Russian Federation).
In the event of a labor dispute, the staffing table will be the first thing to be claimed. If it was not prepared in advance and competently, but in a hurry and especially for the court, then it will be very difficult for the defendant - the employer to win such a dispute.
The staffing should be stitched, numbered, sealed with the seal of the organization and signed by the head. It is signed by the chief accountant and heads of structural divisions. If the staff is large and the staff list occupies several sheets, then the chief accountant, at his discretion, can sign each sheet or put his signature once (at the end of the document). After that, the staffing table is approved by order of the head or a person authorized by him and comes into force.
Option to fill out the T-3 form
(click on image to enlarge image)
ORDER OPTION
Parus LLC
On the approval of the staffing table.
I ORDER:
1. Approve and put into effect from January 01, 2010 the staff list in the amount of 150 (one hundred and fifty) units with a monthly payroll of 2,915,469.14 (two million nine hundred and fifteen thousand, four hundred and sixty-nine) rubles 14 kopecks.
2. Staffing table from 29.10.08. No. 4 to deem invalid
since January 01, 2010.
3. The head of the personnel department Bubnova M.Yu., the heads of structural divisions, in accordance with Article 57 of the Labor Code of the Russian Federation, be guided by the approved staffing table when applying for employment and transfer to another job of employees of Parus LLC.
Acquainted with the order:
ORDER OPTION
Limited Liability Company "Sail"
Parus LLC
About making changes to the staffing table.
In connection with the implementation of measures aimed at optimizing management work, -
I ORDER:
Make the following changes to the staffing table No. 462-l dated October 29, 2008 from January 01, 2009:
1. Exclude:
1.1 Organization department:
- the position of a clerk in the amount of 1 staff unit with a salary of 6,527.57 rubles;
1.2 Administration and management unit
- the position of an economist in the amount of 1 full-time unit with a salary of 10,979.10 rubles;
2. Enter:
2.1 Administration and management unit
- the position of senior economist in the amount of 1 staff unit with a salary of 13,226.73 rubles;
- position of a legal adviser in the amount of 1 full-time unit with a salary of 8,654 rubles;
- the position of chief of staff of civil defense and emergency situations in the amount of 1 staff unit with a salary of 7,981 rubles;
- the position of labor protection engineer in the amount of 1 full-time unit with a salary of 10,729.58 rubles;
- the position of a clerk in the amount of 1 staff unit with a salary of 6,527.57 rubles.
Reason: plan to improve the organizational structure of Parus LLC.
Director signature N.K.Trubnikov
Acquainted with the order:
In the event that the name of the structural unit is indicated in the employee's employment contract, then its renaming (changing the name, for example, instead of "marketing department" - "marketing research department"), in the absence of a change in the employee's labor function or other essential working conditions, is carried out in the same way as well as a change in the name of the employee's position (i.e., when meeting the requirements of Article 73 of the Labor Code of the Russian Federation).
Note! Essential the condition of the employment contract is precisely the labor function of the employee, and not the name of the position, therefore, changing the name of the position without changing labor duties does not require the consent of the employee
2. Salary changes
Since the condition of remuneration is an essential condition of the employment contract, the employee must be informed about the change in this condition by the employer. 2 months notice in writing prior to the change
When salaries change in the staffing table, changes must be made to the following employee documents:
1. Employment contract.
Since, according to Art. 57 of the Labor Code of the Russian Federation, the essential conditions of an employment contract are the terms of remuneration (including the size of the tariff rate or official salary of an employee, additional payments, allowances and incentive payments), then when changing the salary rate, it is necessary to draw up changes to the employment contract.
An example of making changes (additions) to an employment contract.
Once again, I draw your attention to the fact that the approximate content of the text is given, and the design must necessarily comply with all regulatory requirements with the details of the parties.
OPTION
SUPPLEMENTARY AGREEMENT
to the employment contract dated 10.03.2001 No. 123.
Open Joint Stock Company "Sever" represented by the General Director Kolobov Konstantin Sergeevich, acting on the basis of the charter, hereinafter referred to as the "employer", on the one hand, and the secretary of the reception, Smirnova Marina Yurievna, hereinafter referred to as the "employee", on the other hand, agreed on as follows:
1. Replace in clause 1.2 of the agreement the word reception with the words electronics department.
2. In clause 3.2 of the agreement, the phrase salary in the amount of 7,000 rubles should be replaced with a salary in the amount of 12,000 rubles.
3. Introduce clause 5.6 into the contract as follows: The employee has the right to an additional paid leave of 6 calendar days.
4. These changes are drawn up in two copies and are a mandatory annex to the employment contract concluded between the parties.
2. Personal card T-2 (section 3)
OPTION
on amendments to the employment contract
in connection with the transfer of an employee to another job
Samara
2. Restate clauses 1.1, 4.1 and 5.1 in the next new wording Labor contract:
“1.1. The employee is hired as a legal advisor to the employer's legal department.
Under this employment contract, the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement (if it is concluded), agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, and the employee undertakes to personally fulfill the obligations specified in this agreement and the employee's job description, to comply with the internal labor regulations applicable to the employer.
The employee is familiar with the job description of the legal adviser.
Date of commencement of work, that is, the date from which the employee is obliged to begin work as a legal adviser - May 20, 2009.»
“4.1 The employee is set a 40-hour work week, a normalized working day.
Start time, end time, breaks in work is determined by the following:
Monday Friday
Start of work 9.00
Lunch break 13.00-14.00
End of work 18.00
holiday days
Start of work 9.00
Lunch break 13.00-14.00
End of work 17.00
The employee is provided with days off: Saturday, Sunday.
"5.1. The employer undertakes to pay the employee a monthly salary in the amount of 15,000 (fifteen thousand) rubles."
3. The terms of the employment contract, not affected by this agreement, remain unchanged.
4. This agreement, and, accordingly, all the amendments to the employment contract stipulated by it, come into force on May 20, 2009.
5. This agreement is an integral part of the employment contract.
6. This agreement is drawn up and signed in two copies: one for each of the parties, while both copies have equal legal force.
Details and signatures
Employer: Employee:
STAFF CHANGE PROCEDURE
