Job responsibilities of an engineer. Job Descriptions

Author of the article: Elena Petrenko Last modified: January 2020 1906

Labor laws prohibit the dismissal of employees without good reason. The most difficult procedure to carry out is if the initiator of termination of the employment relationship is the employer. Let us consider step by step how dismissal is carried out for failure to fulfill official duties, and who cannot be subjected to this sanction.

What the law says

Let's take a closer look at the violations that may result in dismissal:

1. The absence of an employee from his workplace, which is not supported by any valid reasons. Repeated delays are also taken into account.
2. The employee’s reluctance to fulfill his labor obligations when labor standards or internal regulations change.
3. Periodically recurring violations in work activity or work regime. If a violation is detected once, a disciplinary sanction is imposed on the employee.

Responsibility

This point suggests that engineer is not a simple specialty. As in many other cases, a person is responsible for his actions. He is responsible for the following categories: 1. Compliance with internal regulations at the workplace. That is, he must obey the rules of discipline that are assigned by management. 2. Completed work. He is also responsible for it. 3. Compliance with the law. The activities of an engineer must be carried out within the framework of the current legislation of the Russian Federation. 4. Maintaining documentation. Everything must be clearly and correctly stated in the documentation. And, of course, be combined with the actual situation.

If an engineer violates these rules, he is liable under the legislation of the Russian Federation. The nature of the punishment depends on the nature of the offense or crime committed by the engineer.

Who determines that an employee is not coping?

Failure to perform or improper performance of duties is when an employee has certain work obligations, and he is quite capable of handling them on his own, but does not do so for unknown reasons.

Anyone can identify this fact: from a manager to an ordinary client who was not served by an employee. If the non-compliance is identified by the head of the department, then he must record this event in a memo to senior management. If it was a customer, then he can file a complaint and also forward it to management. Such a document is the basis for checking an employee for improper performance of official duties.

The complaint itself is not grounds for bringing a person to disciplinary liability, but if during the inspection the facts stated in it are confirmed, this may serve as the beginning of the dismissal process.

There are cases when an employee’s responsibilities include performing various tasks. In order to protect themselves from possible misunderstandings, management should set out such assignments in writing and allow them to be read under signature. In the case where a task is ignored, this also needs to be recorded.

The legislation does not establish a list of persons who can detect improper performance of work. As stated earlier, it could be anyone. It is important that all information contained in the note is truthful.

A sample memo for an employee is presented below:

And before punishing an employee, you should find out the reason for this behavior. It may turn out that he simply does not know how to do what is required of him. But he can’t and doesn’t want to be able to – these are two different concepts. And this must also be taken into account.

It is better to say that the employee cannot cope with these responsibilities if he really does not have the necessary skills or abilities that are needed for a successful outcome of the case.

By law, an employer is not required to train its employees, but practice shows that many applicants need it. Therefore, before demanding anything from a new employee, it is better to provide him with an unpaid internship with a more experienced employee.

The essence and types of failure to fulfill official duties

Article 197 of the Russian Labor Code deals with the concept of a disciplinary offense. This means the failure or improper performance by a worker of his labor duties due to his fault. If this has been revealed, that is, one of the other workers has noticed that the person is not fulfilling labor functions (refusing directly or covering up the failure, for example), then the employer has the right to apply the following disciplinary measures:

• comment;
• rebuke;
• dismissal (relevant grounds must be indicated).

According to the law, you cannot punish for what a person does not know. Therefore, everything that a person must do for work is spelled out in a document - a job description.

It talks about his responsibilities. When starting a job, an employee must read the job description and sign it. Moreover, it should be on every page.

If it is revealed that the worker cannot cope with his duties or violates discipline, then we can talk about improper performance. The person who discovers this non-compliance must report this to the General Director in writing. A memo is drawn up regarding failure to fulfill official duties.

Based on the severity of the violation of discipline, such cases can be distinguished.

Three types of offenses

Examples

One-time violation. Violation of job description, lateness. Gross one-time violation. Articles 6 and 81 of the Labor Code of the Russian Federation. This is, for example, coming to work in a state of alcoholic intoxication, disclosing trade secrets. Systematic (repeated) failure to fulfill duties. For example, regular lateness to work, regular neglect of official duties.

Registration procedure

If improper performance of official duties (Article 192 of the Labor Code of the Russian Federation) has been proven, then management can proceed to the dismissal process. This procedure occurs in several stages:

1. Acknowledgment of facts. Any task that an employee must perform must be reflected in writing and given to him for signature. If this instruction is not fulfilled, this event is recorded in a special act or in a report (an example of a report is presented below).

2. Conducting an inspection upon non-compliance. At this stage, all information that proves improper fulfillment of obligations must be collected.

3. Obtaining explanations from the employee. This stage is considered mandatory. If an employee did not complete the assigned task and did not write an explanatory note about this, this does not mean that the process leading to punishment should be stopped. An explanatory note can both serve as a basis for holding a person accountable and prove his innocence, in other words, confirm that the failure to comply did not occur on purpose. It is important to know that if the manager assigned a task that is not part of the employee’s job responsibilities, and he did not complete it, this is not grounds for disciplinary punishment.

If an explanatory note is provided, then:

• the stated facts must be studied and verified, and a conclusion must be made about the validity of the information provided;
• the presence and degree of guilt of the employee is revealed;
• it will be found out why the non-fulfillment occurred;
• the employee’s attitude towards work before the incident is revealed.

When the violation does not entail serious consequences for the company, the employer may limit itself to a remark or reprimand. More serious misconduct must result in the termination of the working relationship with the employee.

4. Issuance of an order. An order is issued in the event that a disciplinary sanction in the form of dismissal is imposed. It must reflect the facts about the presence of previous comments or reprimands, acts reflecting unfulfilled duties, as well as a description of the violations (place, time period, circumstances and documents confirming this).

The submitted documents are the grounds for termination of the employment contract at the initiative of the employer.

Disciplinary action for repeated failure to fulfill official duties

Clause 5, part 1, art. 81 of the Labor Code of the Russian Federation gives the employer the right to part with an employee due to his repeated failure to fulfill his labor duties, provided that this happened without good reason and he already has a disciplinary sanction.

The employer may, but is not obligated to, apply this exceptional disciplinary measure. That is, at his discretion, it is possible to impose less severe penalties (reprimand or reprimand) on a negligent employee.

When applying dismissal, the employer should take into account the following important points, without which it cannot be considered legal.

Firstly, the employee must have a previously imposed penalty for another disciplinary offense, which by the time of the repeated offense has not been removed or extinguished (according to the rules of Article 194 of the Labor Code of the Russian Federation, after a year, the imposed penalty is considered extinguished, and early removal is possible).

Secondly, it is necessary to strictly follow the rules for imposing disciplinary punishment established by Art. 193 of the Labor Code of the Russian Federation (meet within 1 month from the moment of the offense (there are also options), take away written explanations from the offender or draw up an act of refusal to give them).

Thirdly, the registration of dismissal must fully comply with the procedure defined by Art. 84.1 Labor Code of the Russian Federation:

• timely issuance of an order to impose a penalty in the form of dismissal;
• familiarizing the employee with it against signature;
• on the day of dismissal - issuing him a completed work book and making final payments to him.

The order and entry in the employee’s work book must contain a reference to clause 5, part 1, art. 81 Labor Code of the Russian Federation. The wording of the dismissal may look like this: “dismissed due to repeated failure by the employee to fulfill his job duties without good reason, if he has received a disciplinary sanction, paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation.

For improper performance of official duties by an employee, penalties are applied to him up to and including dismissal. In contrast to this, proper includes fulfilling a job function, obeying the orders of the manager and the internal regulations of the company. All this is discussed between the employer and employee when signing the employment contract. Thus, if a person works dishonestly (for example, he is regularly late, refuses to follow the instructions of his boss), then according to the law he can be fired, or, at best, reprimanded.

Deadlines

In order to submit an explanatory note to management, the employee is given two days from the moment he has read the request for this document. If punishment is inevitable, then the employer must carry it out within a month from the moment when improper performance of official duties is discovered. This period may be extended if the employee was on sick leave.

Disciplinary sanctions are not applied if more than six months have passed since the violation.

In case of violations that are revealed by audits or audits, the employee must be punished within 2 years from the date of their discovery.

According to legislative norms, there are categories of employees who cannot be subject to disciplinary action in any case. These include:

• pregnant women;
• an employee who is on sick leave or on vacation.

Punishment procedure

After an employee has committed an offense, the employer is obliged to demand from him an explanation of what happened in writing. The employee must provide such paper within two days. The note must state very clearly your version of events that justifies his actions. If the explanatory note is not written, then the employer draws up a corresponding act. And if the employee does not provide an explanation, this does not mean that the penalty will not be applied. In any case, measures will be taken by management.

Failure to provide an explanation is not an obstacle to applying a disciplinary sanction.

The day the misconduct was discovered is the day when the person to whom the employee is subordinate learned about the incident. It does not matter whether this person has the right to impose a disciplinary sanction or not. This is stated in the Resolution of the Plenum of the Supreme Court No. 2 of March 17, 2004.

Next, the manager draws up a directive (order) on the application of a disciplinary sanction. Within three working days from the date of issuance of the order, the employee who violated the order is obliged to familiarize himself with it and sign about it. Days of absence from work by an employee are not included in this period. If you refuse to familiarize yourself with the order, management draws up a report.

Deadlines for execution of punishment

If an employee committed an offense, for example, six months ago, no penalty can be applied to him. The permissible period is within a month from the day the offense was discovered. However, this period does not include:

• the employee is on vacation;
• his illness;
• the time during which the opinion of the representative body is taken into account.

The latest period for applying a penalty is six months from the date of commission of the offense.

However, this period can be increased to two years if an audit procedure, an audit, or an audit of financial and economic activities was carried out. If the offense is related to corruption crimes, then the penalty can be applied within three years from the date of the violation. The time frame does not include criminal proceedings (if any).

Types of punishment

Disciplinary action for failure to fulfill official duties can be presented in different ways. If the violation is of mild severity, then in the form of a verbal reprimand during a preventive conversation. Such punishment is not indicated in the work book, but is recorded in the employee’s personal file.

In case of systematic violation of discipline, there may be deduction of bonuses, monetary deductions, deprivation of the right to extraordinary leave (even granted for good reasons). If an unscrupulous employee is dismissed, then data about this is entered into the work book. For each offense, the employer can impose only one punishment.

Dismissal. Payments

If the employer has not violated paragraphs of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and the employee’s failure to fulfill his labor obligations has been adequately proven, a dismissal order can be issued. This document must contain all the necessary information to prove the fact of guilt.

The employee himself must be familiar with this order. If he did not want to do this, it is necessary to draw up an act recording this circumstance. And in the dismissal order, indicate all the grounds for termination of the employment contract at the initiative of the employer and the relevant documents confirming the employee’s guilt.

As for compensation payments, dismissal due to the circumstances described above does not provide for the payment of any special benefits. The employee is only entitled to wages and vacation pay (if the vacation is earned and not taken off).

Dismissal procedure

There are step-by-step instructions on how to fire an employee for failure to perform official duties, in compliance with legal standards. Any decision of the organization's management must be supported by documents. This will serve as evidence of the legality of the company’s actions when challenged in court.

Recording violations

When deciding to remove a person from service, all orders must be recorded. Actions must be carried out within the framework of the law so that the employee cannot be reinstated at work. The procedure for dismissal from office is accompanied by:

1. Recording every violation committed by workers. At the enterprise, responsible persons monitor the implementation of labor discipline and official duties. Each fact of non-compliance is included in the report. If non-compliance with the requirements led to injury to another employee, then explanations of what happened are collected from the employees who were present nearby and injured.
2. Explanatory note from the guilty person. The text indicates what happened, the exact date of the incident, time and reason. If the violation was for a valid reason, and there is documentary evidence of this, then the accompanying papers are attached to the form.
3. If an employee refuses to give an explanation for his actions, the manager draws up a report. In addition to the director’s signature, at least two more colleagues must be present. The form is certified by the head of the department where the violation occurred and two witnesses.

Explanatory note from the employee

Before dismissing an employee for failure to fulfill official duties, the manager accepts a written explanation from him. If the culprit refuses, then the action is recorded in a specially created act.

At the legislative level, there is no clear explanatory form. Some organizations have a printed form to fill out, but it is not prohibited to record explanations on a regular sheet of paper. The contents of the document should include:

• full name of the enterprise, information about the manager - who is being addressed;
• information about the compiler - full name, position, department;
• title of the document “explanatory”;
• what the offense was expressed in - time, place, actions, reasons;
• admission or denial of guilt;
• number;
• painting.

On paper, the boss, after studying it, endorses the decision.

Order of dismissal

The execution of the order refers to the final stage of the procedure for dismissal from office. The document is allowed to be filled out using the generally accepted T-8 form or on the company’s developed letterhead. The text states:

• Name of the organization;
• Document Number;
• Date of preparation;
• name – “order to terminate an employment contract with an employee”;
• on what date to dismiss the employee;
• Full name of the employee, personnel number, position, department;
• cause;
• TC article;
• documentary basis (act of violation, order);
• signatures of the manager, head of department, employee (if not refused).

If you refuse to familiarize yourself with a document, the necessary entry is made on it.

Calculation

An entry is made in the work book about the date of dismissal and the reason. It is handed over to the employee. On the last day of work, it is settled in the accounting department. The company pays:

• salary for the period actually worked;
• compensation for unused vacation days.

Advice! In turn, the employee undertakes to compensate the organization for losses incurred due to failure to fulfill work duties. Refunds are made by court decision.

Employer's liability

If an employer applies such a type of punishment as a penalty for failure to fulfill official duties, then this must be approached with all seriousness. If there are the slightest shortcomings and there is an opportunity to challenge the employer’s decision in court, the latter may be subject to penalties.

When leaving, you need to check:

• whether the employee has any pending disciplinary sanctions;
• correct execution of all penalties (it is necessary to attach a sample memo to the employee);
• availability of the employee’s signature confirming familiarization with job responsibilities and other documents that are directly related to his work activity;
• the correctness of the entire process of bringing an employee to disciplinary liability.

If the employer made mistakes and the result of the dismissal was challenged in court, he will be held administratively liable. In addition, he will be obliged to reinstate the employee and pay him compensation.

By the way, managers are also subject to responsibility as prescribed in Art. 5.27 Code of Administrative Offenses of the Russian Federation. In this case, any administrative punishment is applied only by government agencies.

Consequences for the employee

As such, the legal consequences of dismissal under Art. The citizen does not have 81. But the entry corresponding to this article will not have a very good effect on a person’s status when he wants to triple for another job.

Dismissal for improper performance of official duties is not a reason to end your working career, but you still do not need to make such entries on your employment form.

Operating mode

The engineer's job description also provides legislative coverage of the specialist's working regime. It stipulates the internal work schedule established at the enterprise by top management. If a production need arises, the engineer has the opportunity to go on a business trip. In cases where the use of vehicles is required, a company car may be allocated.

This is a general description of what engineer job responsibilities exist. They discuss what each specialist should and should not do. But often in an enterprise each of them has their own profile. In each case, the specialist makes decisions within his competence.