Procedure for renaming a position in the staffing table

Changed job title

The company decided to change the names of a number of positions without changing the job function, how to formalize this correctly? translation? What is considered the basis for transfer? Or is it better to take personal statements as employees?

The organization decided to rename the positions

Why should an employee write a statement? And most importantly - about what?

This is a job title change.

1) Order on the main activity “on making changes to the staffing table”:

“In connection with. I ORDER: 1. Rename the position “.” " V ". ". 2. make changes to employee credentials.

2) Additional agreement to TD on changing the name

3) Order for personnel to change the name of the position occupied by specific employees

4) Recording a name change in the book

Question: In a limited liability company, a decision was made to bring the names of employees’ positions in accordance with the qualification directories. At the same time, the labor responsibilities of employees remain the same, no technological changes are being made, and the organizational structure changes only in terms of job titles. Is Art. 74 Labor Code of the Russian Federation? Is it mandatory to conclude additional agreements to employment contracts with employees on changing the job title?

Answer: To bring the names of employees' positions into compliance with the qualification directories, it is necessary to draw up an additional agreement in accordance with Art. 72 of the Labor Code of the Russian Federation and obtain the consent of employees. The title of the position is the employee’s labor function, therefore the procedure provided for in Art. 74 of the Labor Code of the Russian Federation, does not apply.

Rationale: The employee’s labor function is a mandatory condition of the employment contract (Article 57 of the Labor Code of the Russian Federation). As a general rule, it is not allowed to change an employee’s job function without his consent. Currently, the Labor Code of the Russian Federation does not clearly regulate the issue of what constitutes a change in the labor function. The Presidium of the Supreme Court of the Russian Federation, in Resolution No. 12ПВ11 dated 06/08/2011, explained that the claim for reinstatement at work, recovery of wages for forced absence, moral damages was legally denied, since the plaintiff’s job function was not changed, she was asked to continue working in another structural unit in the same specialty and qualifications. That is, in this case, the change in the scope of work did not entail a change in the employee’s labor function. However, the Resolution of the Supreme Court of the Russian Federation does not determine whether a change in position is a change in the labor function. The definition of labor function is enshrined in Art. 15 of the Labor Code of the Russian Federation and includes: - work according to the position in accordance with the staffing table; - profession; - speciality; — qualifications; - specific type of assigned work. Therefore, in accordance with the Labor Code of the Russian Federation, the position should be considered as a labor function of the employee. Consequently, a change in position, including in the form of a position title, is allowed only with the consent of the employee, since this entails a change in his job function. Article 74 of the Labor Code of the Russian Federation implies a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions, and does not allow changes in the employee’s labor function. Based on the fact that the position is part of the labor function, a change in the name of the position entails a change in the labor function, therefore a change in working conditions under Art. 74 of the Labor Code of the Russian Federation is unacceptable. Based on 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. Based on Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job to another location with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation. Thus, we can conclude that when changing a position, including its name, the written consent of the employee is required. Based on the above, dismissal under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation is unacceptable.

O. A. Shevchenko Moscow State Law Academy named after O. E. Kutafin 10/04/2012

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Profession, specialty, position

As a general rule, a number of employee responsibilities are determined according to the qualification directory. A profession is a broad field of work in which an employee performs a number of duties in accordance with his knowledge, skills, and abilities. When performing work in a profession, you must have special skills. As a rule, work in a certain profession can have different specialties. The specialty refers to the main function of the employee. Qualification is the level of practical skills and theoretical knowledge of an employee engaged in a certain specialty.

The position represents a range of duties and powers, in case of non-fulfillment of which liability arises.

The job title is changed due to clarifications in the staffing table, changes in the structure of the enterprise and a number of other reasons. If the name of an employee’s position changes, it becomes necessary to amend the employment contract.

When considering this issue, it is necessary to determine whether the employee’s job responsibilities will be changed or only the title will change. Because the actions in these two situations will be different.

What documents accompany the procedure?

The procedure for renaming a position involves drawing up the following documents:

• personal notice;
• an order to adjust or change the staffing table;
• add. agreements to TD.

These are simple papers, but their timely execution is very important.

How are these documents compiled and what is their content?

There are no specific instructions in legislative acts regarding the preparation of such documents; the simplest wording will do.

Notification

The clause of such and such TD will be stated in the following wording: “The employee is hired for such and such a position.” All other terms and conditions of the TD remain the same.

This notification is signed by one of the managers, and below his signature it should be printed that “notification received”, indicating the date and signature of the notified employee, then - Continue working under the new terms of the TD - and leave a space to record the employee’s decision (agree or disagree) , date, signature and full name of the employee.

• notification to an employee about a change in job title
• notification to an employee about a change in job title

Example notification:

Order

Such an order is drawn up in the same way as any other - according to, below - the registration number, date, then from the paragraph on the left a brief summary, in our case - On changing the staffing table, and then - the body of the order itself.

In the first paragraph, it should be indicated that due to such and such circumstances, such and such positions should be renamed

In the second paragraph, it is necessary to specify who is entrusted with adjusting the staffing table and by what date; then it is important to clarify from what moment the changes take effect (most logical from the 1st day of the next month)

IMPORTANT: Before the date of entry into force of the adjusted version of the staffing table, the personnel inspector or the person assigned his duties must complete the accompanying papers.

Renaming positions will require the preparation of some documents for the enterprise, this will especially affect the employee on personnel issues. Having explained to employees that changing the title of a position is essentially a formality, since neither earnings nor working conditions change, such a procedure will not entail any resistance, but all documents must be drawn up in a timely and correct manner.

How to familiarize employees with additions to the job description (sample)

Since all orders are issued on behalf of the director, he must be the first to sign this order.

In addition to him, the form must indicate all the persons to whom he is related, as well as those employees of the enterprise who are responsible for the execution of the order. It should be said that in some cases, employees of an organization can leave their autographs about familiarization not directly in the order itself, but in a separate act or statement (this is especially true in large companies with a large number of personnel).

A stamp in a document is not a strictly mandatory condition for its authenticity, but if there is an indication of its use in the company’s regulations, then the order should still be endorsed using a stamp.

1. To begin, enter the name of the company into the document, then assign a number to the order, indicate the place and date of its creation.
2. Next, form the main part. Here it is necessary to indicate the basis for drawing up the order (i.e., provide a link to the law or internal act of the company that is directly related to the document being created), as well as the justification (i.e., the real reason).
3. Then enter the name of the position for which the functions are changing, and in order, enter in the order an indication of those items of the job description that are subject to amendment.
4. Include a new version of each item, then mark the employee who will be responsible for the execution of this order.
5. At the end, do not forget to take care of collecting signatures for the document.

To supplement the DI, you will have to draw up an additional agreement to the main employment contract. The document is signed by the employee and the employer. If the employee does not give his consent, then it will not be possible to apply the mechanism of Article 74 of the Labor Code. Job functions cannot be changed unilaterally.

If the labor function remains the same, but the position has been renamed, Article 74 of the Labor Code is applicable to such a case. A sample notification of a change in job description is given two months before the staffing schedule in the new edition is developed.

If the employee refuses to continue working under the new conditions and does not agree to be transferred to another position, the employer has the right to dismiss him (based on clause 7 of part one of Article 77 of the Labor Code of the Russian Federation). The employee must be paid severance pay in the amount of average two-week earnings (Article 178 of the Labor Code of the Russian Federation).

Let's consider the second option, when the DI is issued in the form of an independent document and is a local regulatory act. Additions to the job description (sample) can be made at any time. It is enough for the employer to issue an order and familiarize employees with it against signature. With this option, it is not necessary to hand over a notification to the employee about changes to the job description (sample).

Important! Additions to the DI must fit into the logic of the labor function. You cannot require an employee to perform duties for which he was not initially hired.

Additional agreement to the employment contract on changes to the job description. The job description is an independent document

Order approving changes to the job description

Question from practice: what should be done if an employee refuses to sign an approved document with changes and additions to the job description (sample)?

It is necessary to draw up an act of refusal, in which the signatures of at least three persons will be affixed. If the employer changed the DI unilaterally, this will be considered a change in the terms of the main employment contract, since the employee’s labor function has been changed. This is permitted in cases where the employee agrees.

In this situation, it is necessary not only to sign the new version of the DI, but also to draw up an additional agreement to the main employment contract (Article 72 of the Labor Code of the Russian Federation). The employer cannot refer to the fact that the operating conditions had to be changed due to a change in organizational or technological working conditions. Even compelling reasons do not allow changing the labor function of employees without consent (Part 1 of Article 74 of the Labor Code of the Russian Federation).

The employer cannot hold liable those employees who refused to sign the new version of the DI. It is the responsibility of the employer himself to familiarize everyone with documents that directly relate to work (paragraph 10, part 2, article 22 of the Labor Code of the Russian Federation). At the same time, the Labor Code of the Russian Federation does not establish a similar obligation for an employee to become familiar with the employer’s documents.

If an employee refuses to sign a new job description, his duties continue to be regulated by the previously drawn up job description, the current employment contract and local acts with which he was familiarized with a signature (Part 2 of Article 21 of the Labor Code of the Russian Federation). The provisions of the DI in the new edition can be applied to new employees after reading the instructions for signature.

General information

The regulations for drawing up and changing job descriptions are determined by the employer independently. The most common ways to make changes to a job description (sample) are:

• drawing up and signing an additional agreement to the current employment contract, if the job description was formalized as an appendix to it;
• approval of the job description in a new edition or execution of the corresponding document containing a register of certain adjustments to the amended instruction, if it was a separate document.

We invite you to familiarize yourself with the completed employment order

In accordance with current legislation, DI (job description) is not considered a mandatory component in the organization’s document flow. But at the same time, most business managers still draw up this document.

The main reason for this decision is that DI makes it possible to simplify labor relations between the parties and ensure mutual understanding of the scope and nature of job responsibilities for specific positions.

And in the event of conflict situations, the instructions will become a tool to prove that the employer or employee is right.

Don't miss: the main material of the month from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia of personnel orders from the Personnel System.

Based on it, a specific position is provided to a citizen in accordance with the staffing table. The job description specifies all the job functions assigned to the specialist. Often there is a need to add or change these functions.

Under such conditions, changes are made to the job description by the management of the enterprise. The procedure should only occur with the consent of the employee.

There is no official information in the Labor Code about what this document is. It is considered a local regulatory act related to the work activities of employees. With its help, emerging relationships between the employer and employees of the enterprise are regulated.

The instructions list all job responsibilities assigned to an employee of the enterprise. For this purpose, the qualifications of the hired specialist are taken into account.

In an enterprise, a document performs several functions at once:

• the personnel arrangement in the company is fixed;
• labor responsibilities are distributed among all employees;
• labor discipline at the enterprise is controlled;
• the emergence of numerous complaints or claims when citizens occupying the same positions receive different salaries is prevented.

But the main purpose of the document is to define the responsibilities assigned to the employee of the enterprise. Additionally, it lists the rights of a citizen. Since a document is considered significant and important, there must be significant reasons for changing it.

The need to make changes to an employee’s job description may arise for various reasons. The legislation does not contain information on how this process is carried out correctly, so each company must independently establish the rules in its local regulatory documentation.

The reasons for making changes to the job description are usually represented by the following situations:

• any unique technologies are introduced into production, due to which workers must perform new tasks;
• the company switches to a new management model;
• it is necessary to make some adjustments in connection with the retraining or upgrading of a particular employee;
• the employee’s responsibilities are expanded with a simultaneous increase in his salary.

The procedure for making changes to the job description should only be carried out with the prior approval of the employee himself.

General information

Approve the new edition of the job description (changes to the job description) by order of the head of the organization and familiarize it with the employee against signature.

2. An example of completing an addition to the job description is given in the justification.

The rationale for this position is given below in the materials of the Personnel System.

1. Situation: Is it possible to make changes to the job description

The need to make changes to a job description most often arises when adjusting the scope of an employee’s job responsibilities. In turn, such an adjustment may be required, for example, when organizational and (or) technological working conditions in the organization change.

If the job description is an annex to the employment contract, it is advisable to make changes by preparing an additional agreement to the employment contract with the employee.

How to change an employment contract.

Renaming positions and departments in practice and by law

Changing its name does not always mean a change in labor function. Simply put, if the title of a position and its responsibilities change, it is a transfer.

If the title changes but the duties remain the same, no transfer occurs. However, as we noted above, in practice it is also possible to formalize a transfer in the case where job responsibilities do not actually change and the employee is, in fact, “transferred” to the same position, only with a new name. Is the job title a condition of the employment contract? Another thing is that an employee’s labor function is most often indicated through his position.

Consequently, renaming a position will mean changing the employment contract - in this case, the conditions on the name of the position, but not the labor function. Thus, a simple renaming of a position, as well as a change in labor function, requires the written consent of the employee by virtue of Art.

The employee's job function changes

In a situation where not only the title of the position, but also the responsibilities for it are subject to change, the following applies:

• a position with a different name is introduced into the staffing table (the old one is temporarily retained), a new job description is issued;
• an additional agreement is concluded to the employment contract on transfer to a new position (Article 72.1 of the Labor Code of the Russian Federation), a corresponding entry is made in the work book;
• the previous position is excluded from the staffing table.

You cannot exclude a previous position from the staffing list while it is occupied. When a job function (job responsibilities) changes, only a transfer can be applied. The previous position is being reduced, therefore, if the employee does not agree with the transfer, it is necessary to file a dismissal due to staff reduction (appeal ruling of the Novgorod Regional Court dated 06/07/2017 in case No. 2-99-33-1115).

So, a change in position is formalized differently depending on the situation:

• when brought into compliance with the employment contract - by issuing a new version of the staffing table, which does not need to be familiarized to the employee;
• when changing the name - by adjusting the terms of the employment contract under Art. 74 Labor Code of the Russian Federation;
• when changing a structural unit - by moving;
• and in the event of a change in job function - in the form of a transfer to a new position with a reduction in the previous one.

Renaming a position or department entry in the work book. sample

Information about the transfer must be entered into the employee’s personal card. Is a change in job title not considered a transfer? A significant part of experts believe that this should not be done in translation. In their opinion, when the title of a position is changed, the labor function does not change and remains the same; accordingly, no transfer order is issued.

Attention

You just need to conclude an additional agreement to the employment contract with the employee (Article 72 of the Labor Code of the Russian Federation)

In the book you will find instructions on personnel records management that will make your work easier; document details. You will also learn how to restore HR records after its predecessors; learn everything about the archive of personnel documents: from the formation of files to the destruction of documents.

When is change necessary?

The need to change the job title occurs when new characteristics for tariff categories , and new names appear in the directory of positions for employees, management or specialists. Since the previous name is no longer correct, a new one is introduced in its place, corresponding to the standards.

The requirement for change becomes especially relevant when it comes to the possibility of providing certain benefits to an employee who is actually engaged in work that is provided with specific privileges. But he may not receive the benefit due to the inclusion of a non-existent job title in the profile documents.

Other good reasons for renaming and registering changes in f. T-3 (staffing) are:

• renaming the name of a department , service or branch;
• correction of an erroneous title that does not correspond to the title of the position in the employment agreement;
• creation of a new structural unit ;
• increasing the range of responsibilities of a certain employee;
• reduction due to objective reasons of job vacancies. Moreover, their number should be at least 5%;
• expansion of the service scope of the company or its subsection.

A prerequisite for meeting the requirements of professional standards is the renaming of employee positions when their work involves the provision of restrictions, benefits or compensation. The norm is valid in accordance with Art. 57 Labor Code of the Russian Federation

In the case where the professional standard for a given position has not yet been approved, the name must be adjusted in accordance with the names from the tariff and qualification directory or classifier of positions (professions).

For example, a “cleaning lady” needs to be renamed to a “cleaning specialist”, but the functionality will not change.

On the other hand, if an employee of an enterprise is enrolled and works in a position for which, for example, he is entitled to a preferential pension or a shortened work week, such a position cannot be renamed , although the employer can name the positions at his discretion. Otherwise, a company employee will lose the opportunity to retire early, although he has worked for many years in harmful conditions.

Renaming the position of a worker, technical worker or employee without changing their labor functions is not a transfer (Article 72, Part 1 of the Labor Code of the Russian Federation).

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For example, in connection with the main employee of the deputy director and the assignment of his duties to the head of the department, it is proposed to remove the position of “deputy director” from the staff and introduce “deputy director-head of department”.

Issuance of an administrative act on making some changes to the schedule. After applying the resolution to the note, an order is issued with instructions to change the name of the vacancies or remove some of them from the staff and introduce others, and the HR manager to prepare the necessary changes to the same personal card and contract.

How and in what situations is an order to rename a position issued - a sample design

The specialist must be notified of the renaming no later than 2 months before the decision is made; the employee’s introductory signature is placed on the form. If it is not possible to meet the employee in person, the notification is sent by registered mail or courier.

Next, you should draw up an additional agreement to the contract, on the basis of which an order for renaming is already drawn up. The timing of document signing varies depending on the initiator of the process:

1. with the consent of both parties, the agreement is signed at any convenient time;
2. with the sole decision of the head of the company, the agreement is approved after 2 months from the date of notification of the specialist.

Refusal to change on the part of an employee is an extremely rare phenomenon, but still possible. In this case, the employer

Where is information about the order entered?

Data from this document must be reflected in the staffing table and other personnel documents. The order itself is entered in the book of registration of orders for personnel (these documents are stored for 75 years). Depending on the specifics of the paper (whether the employees are in harmful service, etc.), the order to rename positions can be recorded in the general book of registration of orders for the main activity. The same must be done if the organization does not have a separate book for registering orders for personnel (but this must be mentioned in the order, charter and other documents of the company).

Important nuances

When adjusting the schedule, many questions arise - in particular, whether a change of name is the basis for processing the transfer of a worker and what to do if the employee is against the new name.

Renaming or translation?

When changing the name of the profession, neither the employee’s job function, nor the workplace, nor the location of the company changes, moreover, in most cases, the functional responsibilities do not change either.

Therefore, when renaming a position, there is no need to transfer an employee, because the procedure described above, as well as the published documents, will confirm the legality of continuing to work in the company.

If the employee is against

Despite the fact that renaming a position does not entail deterioration in working conditions or other negative consequences for employees, some employees are against the agreed procedure, which raises the question of how to rename a position without the consent of the worker.

Article 74 of the Labor Code of the Russian Federation states that the employee must not only be notified of changes to the employment contract, but also has the right to refuse the proposed conditions, that is, to rename the position. In such a situation, the company’s management is obliged to offer vacant positions, even if the qualification requirements or the amount of payment for the vacancies is lower.

If there are no vacant positions or the worker refuses the transfer, he will be dismissed in accordance with Part 7 of Article 77 of the Labor Code of the Russian Federation with the payment of a two-week benefit.

Evidentiary documents for the court

Article 392 of the Labor Code of the Russian Federation states that in the event of a violation of labor rights guaranteed by law, an employee has the right to propose in court to resolve the differences that have arisen on the merits within 3 months from the day the employee’s legal rights were violated.

In this case, the worker must not only file a lawsuit, but also provide evidence, including confirming the groundlessness of renaming the position, referring to the norms of Article 195.3 of the Labor Code of the Russian Federation, namely, compliance with professional standards and a workplace certification card indicating the hazard code. After all, if the job title does not correspond to the ETKS and if there are harmful employment conditions, the worker will not be able to obtain a labor pension, and this is due to the fault of the employer.

The economic activities of companies are constantly subject to change, therefore, changes to the job title are not uncommon. However, given that certain requirements are imposed on job titles, the renaming procedure should be approached only from the perspective of the law, taking into account the same Qualification Directories and the norms of the Labor Code of the Russian Federation.

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Changing the name of an employee's position with a change in job responsibilities

Changes may be due to various reasons:

• employee promotion;
• the employee is given a different type of work;
• the need to take into account the provisions provided by law.
• When registering, management must perform a number of actions:
• providing the employee with an agreement;
• transfer of an employee to another position, signing of the relevant act;
• making changes to the employee’s work book. No changes are required to the staffing table.

If an employee refuses to change the name of his position, he has the opportunity to challenge the employer’s actions in court. If the employee does not sign the agreement or notification, then a corresponding act of refusal is drawn up. However, if these documents were signed by the employee, then there can be no talk of his victory in this case. If the law is on the employee’s side, the employer will suffer losses and will have to reimburse the necessary expenses incurred by the employee.

It should be noted that in this procedure it is important to take into account whether changes occur simply in the title of the position or, at the same time, a number of job responsibilities change. The procedure in the two cases is almost the same; the employee is sent a notice, which he must sign to express his consent. However, the essence of the changes is very different. Therefore, when making changes of this kind, interested parties should study all the nuances so that, if necessary, they can protect their legal rights.

It is important to remember that the legislation provides that the working conditions of employees, with any changes in the organization, cannot become worse than what was stipulated in the employment contract and other regulations of the enterprise.

Entering information about the structural unit

Entering information about a structural unit into the work book of a new employee is mandatory only if the said information is inextricably linked with the job title recorded in his employment contract.

If the contract specifies the position of “PC operator in the accounting department,” then the entry on enrollment in the work book should be similar (“accepted for the position of PC operator in the accounting department”). If, according to the contract, the position is “PC operator,” then the name of the structural unit (“accounting department”) does not need to be recorded in the book.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

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If the name of the position remained unchanged, but the structural unit of which the employee was a member was renamed, then a record of the renaming is necessary only if information about it (the structural unit) is recorded in the employee’s work book.

Procedure for renaming a position in the staffing table

Renaming a position in the staffing table - the procedure has some peculiarities, and deviations from it can lead to serious legal consequences.

In this article we will tell you what needs to be done.

Why is it necessary to determine the procedure for changing the names of positions in the staffing table: what could be the consequences of wrong steps? The type of staffing table corresponds to the recommended form.

T-3 or determined by the organization independently. Details of the design are covered in our article Is there a seal and who signs the staffing table? Cases when it may be necessary to change the name of a position in the staffing table may be different: Correct execution of adjustments is determined by the legal qualification of the content of the change in terms of the impact on legal relations with employees.

In this regard, the procedure will depend on which of 4 situations occurs:

1. Lack of legal significance for existing labor relations (position is vacant).
2. Changing the terms of an employment contract without changing the labor function.
3. Moving.
4. Translation.

Let's look at the order of change, and then the options for action in each situation.

How to change or introduce a new position into the staffing table: what documents should be drawn up, should the position code or abbreviations be indicated? The procedure for renaming a position or introducing a new position is traditional:

• preparation of draft orders for amendments and a new edition of the staffing table;
• sighting;
• issuance of an order (signing, registration).

However, it is undesirable to make a reduction if the provision of benefits or compensation is associated with occupying a position and technical errors are possible when deciphering the name in personnel documents.

The position code is indicated according to OKPDTR (All-Russian Classifier of Professions... OK 016-94, approved by Decree of the State Standard of the Russian Federation of December 26, 1994 No. 367), if the law associates the presence of any benefits or restrictions with its occupation. In other cases, no code is required.

Approval of the new version is sufficient only if the position being changed is vacant or the title of the position is brought into compliance with the employment contract. In other situations, the list of necessary actions expands or changes.

Let's consider options not related to changes in the content of the employee's duties: In the above situations, the presence of organizational changes is confirmed by the exclusion of previous names from the organization's structure. The preservation of the function is confirmed by comparing the texts of job descriptions. In a situation where not only the title of the position is subject to change, but also the responsibilities for it, the following is done: So, the change in position is formalized differently depending on the situation:

How to create an order

When a position is renamed in the staffing table, the procedure is followed. Otherwise, the employer may have problems with labor inspectors if employees file complaints.

When it is necessary to rename a position, the decision is confirmed by an order.

3 important nuances that are indicated in the order:

• purpose of change;
• old position;
• new name.

The document contains the number, date and signature of the manager. The employee is introduced to the contents of the order against signature. Then an additional agreement is drawn up and changes are made to the personal card.

Personnel records management is greatly simplified when the necessary forms are at hand. You can develop the form yourself or use a ready-made sample order. The form can be downloaded from specialized resources.

Translation or renaming

If all changes (renames) have been officially made to the staff, then a similar entry must be made in the work book approximately in the following form: “Radiological Department of the Security Service” has been renamed to “Radiation Safety Department”.

Some personnel officers believe that records of a change in the name of a department should be prepared in the same way as records of the transfer of an employee to another department.

There are some reasons for this opinion, since the transfer of an employee to another department is considered a change in one of the essential terms of the employment contract, which is the name of the department.

Deciphering this complex wording, we can say that the name of the department (division, service, directorate) and the position occupied by the employee are indicated in the contract, therefore they are its essential conditions

And any change in the essential terms of the contract (it does not matter what kind of work the person performs) is traditionally considered a transfer among old personnel officers and is documented exactly as such in the work book due to the fact that the Instructions have not developed a clear definition on this matter

Indeed, in the Instructions there are no indications of such entries as “department ... renamed.” Therefore, a change in the name of a department, department, directorate or division is often formalized as a transfer. However, it is more reasonable to write in the employment document not “Transferred to the Radiation Safety Department,” but as indicated above.

Although the Instructions do not clearly state the entry in the work book due to a change in the name of the department, it is necessary to distinguish between a change in the department itself and a change in the name of the department in which the employee works.

A change in the department itself (its composition, functions, etc.) will entail a transfer record. A change in the name of the department will be considered a transformation of the essential terms of the employment contract, which are not related to the transfer and do not require the mandatory consent of the employee.

Changing the name of the department (if the condition of working in a specific department was included in the contract signed with the employee) can be classified as a modification of its conditions (paragraph 3 of part 2, paragraph 2 of part 4 of article 57 of the Labor Code of the Russian Federation).

These changes can be made:

• by agreement between the employee and the administration}
• by order of the employer in connection with the transformation of organizational working conditions (Article 74 of the Labor Code of the Russian Federation).

If the job responsibilities and functions of employees have not changed after changing the names of positions or departments, and in reality the employees do not move to other departments (that is, there was no merger or reorganization of departments), then in this situation there is no need to register the transfer.

Renaming and reorganization

In some cases, the enterprise undergoes a reorganization, but employees still do not move to new divisions, but remain at their jobs and continue to perform their previously defined functions and responsibilities.

For example, the company had two plants, and now only one remains, because the second plant was sold (closed, liquidated, etc.)

Please note that the employees of the remaining plant continue to work in their old places and the functions they perform have not changed

But the company underwent a reorganization, and many divisions were renamed. For example, the “Refining Shop of Plant No. 1” became simply called the “Refining Shop”, the “Mechanical Workshops of Plant No. 1” became simply “Mechanical Workshops”, and so on.

And in the opposite case, if one plant is divided into two, or one department has turned into four services, a transfer must be formalized, since the employees actually move to another department.

General provisions

When a person gets a job in a company, he goes to a specific position. The employment contract specifies the position and name of the department where the specialist is hired. Article 57 of the Labor Code establishes the rule that the title of the position is an essential condition of the contract.

The manager does not have the right to simply decide to change the specialist’s place of work. The Constitution and the Labor Code establish guarantees for workers. The director of the company cannot change the terms of the agreement unilaterally.

Any changes are formalized in the form of an additional agreement. A document becomes legally binding when both parties sign it. One copy of the document is stored at the enterprise, the second is given to the employee against signature. The first copy bears a mark indicating that the specialist has received his document.

Important! If the terms of the employment contract change, an additional agreement must be drawn up. The signatures of the parties to the agreement mean that they agree with the changes made.

There will be no problems with how to rename a position in the staffing table if you proceed in order.

We change the position and functions of a specialist

Practice shows that most often renaming a position is required while simultaneously modifying the employee’s role in the company. A change in an employee’s labor function is an update of the type of work assigned. For example, the task of a personnel inspector is to maintain personnel records. Within the framework of this goal, the following tasks are highlighted:

• registration of hiring and dismissal of personnel;
• preparation of certificates upon requests;
• maintaining personal cards and work books;
• archiving documentation, etc.

Minor changes or clarifications within the designated responsibilities will not be considered a change in the job function. Special personnel registration will be required if the inspector has to deal, for example, with personnel selection. In this situation, it would be logical to call his position differently – “HR manager”.

Modification of the labor function when changing positions is formalized by transfer. Moreover, to complete this personnel procedure, the mandatory consent of a specialist is required (Article 72.1 of the Labor Code of the Russian Federation). Current legislation does not allow situations where the responsibilities of employees are changed by the employer unilaterally (clause 1 of Article 74 of the Labor Code of the Russian Federation).

A change in functionality is possible at the initiative of either party: the employee and the employer. The first prepares a statement addressed to management, the second sends a written notification to the specialist. If, after considering the proposal, a citizen or administration decides to approve it, they write “I do not object” directly on the received document and confirm it with a signature.

In any case, changing the job function without changing the position or renaming it implies issuing a personnel order. It states:

• Document number and date;
• company name;
• place of compilation;
• FULL NAME. and the employee’s current position;
• the name of his new position;
• description of new functionality.

The order is endorsed by the head of the company and the specialist named in it. Next, the parties enter into an additional agreement to the employment contract, which sets out new conditions for their interaction.

What to do if the name of the position occupied by an employee or structural unit changes

Let's consider options not related to changing the content of the employee's duties:

1. Only the name changes, the responsibilities remain the same:
   in addition to changing the staffing table, an additional agreement is concluded to the employment contract (Article 72 of the Labor Code of the Russian Federation), a unilateral change is possible in accordance with clause 1 of Art. 74 of the Labor Code of the Russian Federation with written notice to the employee at least 2 months in advance;
2. an entry is made in the employee’s work book in accordance with clause 3.1 of the instructions for filling..., approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69: “The position of “senior accountant” was renamed “chief accountant”,” with reference to the amending order.
3. The structural unit changes, the following moves occur:
   in addition to changing the staffing table, a relocation order is issued, with which the employee must be familiarized;
4. if the name of the unit was indicated in the employment contract, an additional agreement to it is concluded (Article 72.1 of the Labor Code of the Russian Federation).

In these situations, the presence of organizational changes is confirmed by the exclusion of previous names from the structure of the organization. The preservation of the function is confirmed by comparing the texts of job descriptions.

A few words about job titles

There are many professions with obvious names: no one will have any questions about what to call an accountant, director or salesperson in the staff list. But it also happens differently: there is functionality, a list of responsibilities, but what to name the employee who will perform them is not clear

And does it matter? Why not call the cleaner a cleaning manager?

Whatever the reasons for which it is necessary to change the name, first of all you need to decide whether the employee’s functionality is changing - the algorithm of actions for these two situations will differ.

Let's remember two important rules when you need to approach the name with special attention:

The law provides for benefits and compensation (see Resolution of the Cabinet of Ministers of the USSR No. 10 of January 26, 1991) - example 1. There are restrictions (for example, Article 265 of the Labor Code of the Russian Federation, as well as Resolution of the Government of the Russian Federation of February 25, 2000 No. 163) - example 2.

In addition, sometimes it is necessary to rename due to changes in qualification reference books (previously it was “occupational safety engineer”, now it is “occupational safety specialist”).

Example 1. If a miner involved in surveying work is simply called a worker, the Pension Fund will not count the period of his work as a preferential period for granting an early pension. It is necessary that the name corresponds to that specified in the Unified Qualification Directory and lists approved by the Resolution of the Cabinet of Ministers.

Example 2. If you hire a minor as a loader, the labor inspectorate may have questions (a 17-year-old teenager should not lift more than 4 kg), which means it is better to name the position not “loader”, but, for example, “logistics department employee” .

How and in what situations is an order to rename a position issued? sample design

The head of a legal entity can change the title of an employee’s position without changing the job function if this procedure is carried out correctly.

At the same time, the conditions for performing the work remain the same. It is mandatory to draw up an order, a sample of which can be downloaded below.

Reasons for the name change

There are various reasons for carrying out the renaming process:

• cacophony of the old name;
• more precise designation of the actions performed;
• obsolescence of the names of professions.

The head of the company can indicate the name of the position at his own discretion, with the exception of those professions for which the law provides for the provision of special guarantees and benefits.

In this case, the name must fully comply with the requirements of professional standards and the qualification directory. Typically, these conditions apply to work that has a harmful and dangerous effect on the employee's health.

When applying to the Pension Fund for a pension, the employee’s position indicated in the work book is checked against the name in the directory.

Procedure for changing a title without changing the job function

In the case where the employee’s job functions remain the same, but the name is subject to change, this action is not a transfer. In case of transfer, such an order should be issued.

The change procedure is permitted with the consent of both parties to the labor relationship and at the initiative of the manager in accordance with Article 74 of the Labor Code of the Russian Federation (technological or organizational changes), which is accompanied by the execution of a notification.

The document must contain information about the new job title and the reasons for the procedure. The specialist must be notified of the renaming no later than 2 months before the decision is made; the employee’s introductory signature is placed on the form.

Next, you should draw up an additional agreement to the contract, on the basis of which an order for renaming is already drawn up. The timing of document signing varies depending on the initiator of the process:

• with the consent of both parties, the agreement is signed at any convenient time;
• with the sole decision of the head of the company, the agreement is approved after 2 months from the date of notification of the specialist.

Refusal to change on the part of an employee is an extremely rare phenomenon, but still possible. In this case, the employer is obliged to recommend a similar vacancy, taking into account the well-being and qualifications of the specialist, or, if there is none, a less paid one. But these activities are most often carried out in the interests of the employee; it is unreasonable to refuse them.

An additional agreement to the current employment contract is the basis for issuing an order.

How is an order issued?

The document is published on the organization's letterhead in free form.

Basic information contained in the order:

• number, title of the document;
• date and place of signing the order;
• reason for renaming without changing the labor function (production optimization, company reorganization, changes in the qualification directory);
• designation of the name of the old and new position;
• date of entry into force of changes;
• basis for the decision (plan to optimize the company structure, additional agreement);
• signature of the head of the legal entity and the employee whose job title is being changed.

The order serves as the basis for subsequent editing of the employee’s personal documentation: personal card, work book. Also, amendments in connection with the renaming are made to the staffing table of the enterprise indicating the new job title.

This procedure applies to organizations of various forms of ownership (commercial, budgetary).

Sample design

Download a sample order for renaming a position, provided that the duties do not change.

Order on making additions to the job description sample

There is no unified form of this local act. But some departments have approved the recommended forms of the document. For example, this is provided for by the orders:

• FSIN of Russia dated 06/05/2008 N 379;
• Ministry of Internal Affairs of Russia dated January 12, 1998 N 19.

In fact, an order approving job descriptions in a school will not differ from a similar document, for example, in a hospital or fire department under the jurisdiction of the Ministry of Emergency Situations. Each of them has the same structure:

• a header indicating the name of the organization, the name of the local act, its number and date of preparation;
• the essence of the order;
• a list of DIs that need to be approved, indicating the full name of each position separately;
• indication of persons responsible for the execution of instructions;
• signature of the manager indicating his full position and full name.

The annex to the order usually contains the text of all approved job descriptions.

The rules for maintaining document flow in a preschool organization differ little from the document flow of a school, and the order approving job descriptions in a preschool educational institution was created according to the same scheme.

Please note that it is not necessary to introduce such legal acts to the organization’s employees under signature. This document simply introduces new documentation, which employees should be familiar with. If new functional responsibilities are added to the DI, then you must act according to the rules of Article 74 of the Labor Code of the Russian Federation.

Disputes often arise regarding the performance of a particular job by an employee. Sometimes they lead to dismissal and, by defending their rights in court, the employee remains a winner. The reason for such phenomena lies in the lack of a clear description of job responsibilities. Therefore, to prevent such consequences, employers should develop job descriptions.

Over time, current instructions may be adjusted. This may be required, for example, in the event of a change in the work responsibilities of personnel, expansion or reduction of their powers, in connection with the transfer of a specialist to a new workplace, during the reorganization of a company, or a change of owners of the enterprise.

Job descriptions are also adjusted when the staffing table or the name of the structural unit changes. Individual instructions are edited due to changes in the employee’s personal data. For example, passport data of a woman who got married and changed her last name.

Adjustments are made by the HR department, for which the manager issues an order to amend the job description. Without permission from management, these processes are impossible.

A job description is an organizational and legal document of an enterprise, which contains a detailed list of the employee’s functions and the specification of his job responsibilities, the range of rights, the procedure for work and rest, rules on responsibility, as well as information about the superiors to whom the employee is subordinate.

According to Articles 8, 12 of the Labor Code of the Russian Federation, this document is a local regulatory act of the organization. The employer independently adopts and changes it within the scope of his competence. It can be published as an annex to the main agreement with the employee or be an independent document.

Article 8. Local regulations containing labor law norms

Russian labor legislation does not provide for rules for introducing innovations into job descriptions at an enterprise. Details on this matter are given in the official explanations of Rostrud (letter No. 4412-6). It is on them that employers should rely if they need to change anything.

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Form of order to amend the job description

Key points

If there is a need to change a job description, the employer first needs to determine the goals that led to the adjustment.

This may be a need:

• in complete adjustment of labor functions;
• in adjusting individual provisions;
• in clarifying the data.

The need for a radical adjustment of labor functions appears when a specialist is transferred to a new place of work. For example, a Russian language teacher with advanced training was transferred to another position. Now he is the class teacher, and appropriate adjustments have been made to his individual instructions.

Some provisions of the instructions are adjusted when certain responsibilities of a specialist change. For example, a company providing services has introduced a new type of activity - trade. In this regard, the accountant received new accounting responsibilities.

Clarification of certain data will be discussed below.

The process of changing the provisions of job descriptions is carried out in the following order:

1. The instructions are being prepared in a new edition (if necessary).
2. An order to make changes is issued.
3. The employee gets acquainted with the new instructions against signature (additional agreements are drawn up and signed in certain cases).

Since the law does not establish the procedure for making adjustments to job descriptions, enterprises determine it independently, enshrining it in a local act.

Law October 18, 2017

The job description is included in the list of local acts of the enterprise. The manager has the right to accept this document. In some cases, it becomes necessary to adjust the employee’s job description. We will consider the procedure for making changes to this document in the article.

General information

When drawing up a contract, the parties stipulate the employee’s labor function. Its content consists of specific duties for the position, the list of which corresponds to the staffing table. As a rule, they are fixed in the job description. This document is an annex to the agreement.

Changes to the job description are made by agreement of the parties if the adjustments affect the content of the job function. The legislation provides for certain exceptions to this requirement (Articles 72.2, 73 of the Labor Code), however, they relate to specific situations to which the general rules do not apply.

When making changes to the job description, a separate written agreement must be concluded with the employee. Otherwise, the new edition of the local document cannot be applied. This rule also applies to situations where a revision of the instructions entails a change in other terms of the contract that are not related to the labor function.

Labor legislation does not require employers to have job descriptions for employees. However, these documents are developed at all enterprises. Their presence helps prevent possible controversial issues.

Conflicts, for example, may arise over a specific job that an employee must perform. The reason for such disputes is the ambiguity in the designation of responsibilities.

Often such conflicts end in termination of the contract. However, employees in such situations go to court and successfully challenge the employer’s actions.

Such consequences can be prevented by competently drawing up a job description.

When developing the document, it is necessary to take into account the information of the Unified Qualification Directory for Positions and Professions. However, the list of functional (job) responsibilities does not have to be fully consistent with it. Each employer draws up instructions for staff taking into account the specifics of the enterprise’s activities.

The Labor Code does not have a clear procedure for making changes to the job description. Therefore, an enterprise can develop its own rules. But they should not, however, contradict the principles of labor legislation. The established rules for making changes to job descriptions are recorded in a local document.

When adjusting instructions, you should consider:

• The method of execution of a document subject to change. The instruction can be an appendix to the contract or a separate (independent) document.
• Specifics of adjustments. It is necessary to determine whether the changes concern the essential terms of the contract.

If the instruction is drawn up as an annex to the contract, then it acts as an integral part of it. Accordingly, any adjustments are accompanied by changes in the terms of the contract. In this case, the nature of the changes will not matter. If this rule is not followed, the employee may refuse to perform new duties.

If the instruction is a separate document, and the adjustments do not concern the essential terms of the contract, one must proceed from the fact that the actual labor functions of the employee remain the same. Accordingly, the employer has the right to specify certain responsibilities without taking into account the opinion of the employee himself.

Action plan

Changes to the job description are carried out as follows:

• A draft of a new version of the document is being developed. You can also draw up an act in which you add a list of adjustments to the current instructions.
• A new edition of the document is approved. To do this, an order is drawn up to amend the job description or to approve a new edition.
• The employee is provided with a new document for review and signature.

This procedure applies if the instruction is an annex to the contract, and the adjustments do not concern changes in the essential terms of the contract.

For example, an employee may be assigned to perform duties specified in the characteristics of other positions. At the same time, they do not require special skills, knowledge or other qualifications.

In this case, changes to the job description will not affect the labor function. The employee's consent is not required in such situations.

In such a situation it is necessary:

• Obtain consent from the employee to make changes to the job description. The employee's notice must be in writing, to which he must also respond in writing.
• Draw up an additional agreement to the contract.
• Approve the instructions in the new edition.
• Familiarize yourself with the document with the employee's signature.

The order of the head of the enterprise is a mandatory administrative document. Its preparation is necessary in all cases affecting the activities of the organization. This document must comply with the requirements provided for in labor legislation for local acts.

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The legislative framework

The Instructions do not contain instructions for making a record of changing the name of a unit, but there is a procedure for making a record of renaming an organization (clauses 3.1 and 3.2).

Clause 3.1 stipulates that entries about the name of a position or specialty indicating the required qualifications must be made on the basis of the officially approved staffing of the company.

The law requires that the employee be notified of any changes made in the qualification directories and staffing of the company in accordance with the established procedure, and then the necessary changes should be made in the employee’s work book based on a written decision of the administration.

Clause 3.2 determines that if the name of the company changed while the employee was working at this enterprise, then it is necessary to reflect this in the entry as an individual line in the third column of the work section approximately in the following form: “CJSC Fakel has been renamed since July 21, 2010 in “Plamya” LLP, and in the fourth column the basis for such renaming should be indicated - an officially approved decision, resolution or order of the administration, as well as their details.