The list of positions, work in which is counted in the experience of continuous teaching, was approved by order of the Ministry of Education of the Russian Federation of December 7, 2000. No. 3570. When concluding an employment contract with a teacher, the name of his position must exactly match the name indicated in the List. It should be borne in mind that the rapid development of the economy has led to the emergence in Russia of new professions that are not known to tariff and qualification directories, so reference to them becomes impossible, these professions receive legal consolidation through the listing of qualification characteristics in local regulations. See: Diveeva N.I. The content of labor and the labor function of an employee: changes in legislation and practice // Labor Law. - 2004. - No. 12. - S. 35 - 37.

Labor function - what is it? change in the labor function of an employee

If there is a change in position without changing the labor function, the transfer to another job is not issued. Nevertheless, even a partial renaming should be regarded as an adjustment to the employment contract.

Therefore, it is important to reflect everything documented. First of all, changes are made to the existing staffing table, then to the employment contract with the employee and his work book. Do I need to give the title of the position in accordance with the professional standard? A direct indication that it is the responsibility of the employer to rename all existing positions in his staffing table in accordance with the appropriate professional standards, missing.

However, if an organization plans to implement them in one way or another, it would be advisable to do so. It is necessary to issue an order of the appropriate content.

Labor function of the employee

Important

Employment contract: concept, parties, content According to Art. 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreement, agreements, local regulations containing norms labor law, in a timely manner and full size pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the rules of internal work schedule. The parties to an employment contract are the employer and the employee.

What does it mean to provide a conditional work function

TK).4. In the definition of the concept of an employment contract, such a term as "labor function" was introduced. Under the labor function in accordance with Art. 15 of the Labor Code is understood as work in a certain specialty, qualification or position. A specialty is a type of occupation within the same profession, a narrower classification of the kind labor activity, requiring specific knowledge, skills acquired as a result of education and providing the formulation and solution professional tasks(for example, a personnel manager, a surgeon, a toolmaker). Qualification of an employee is the type of his professional training, his knowledge, skills and abilities necessary to perform a certain job.

An indicator that determines the degree of qualification of an employee is the category.
In case of a single absence from work for an unexcused reason (absenteeism), the Employer has the right to terminate the contract unilaterally in accordance with subparagraph a) of paragraph 6 of Article 81 Labor Code RF. Remuneration of labor 4.1. For the performance of labor duties during the monthly norm of working time 15 (fifteen) days (in conditions of normal working hours), the Employee is paid a salary of 13,242 rubles (thirteen thousand two hundred and forty-two rubles).
4.2. Wages are paid in the form of a final settlement. 4.3. FROM total amount monetary remuneration is subject to withholding tax on income from individuals at the rate of, established by law RF (13%) and insurance premium 5.1% of the total.
Responsibility 5.1.

Attention

Firstly, such a circumstance is the presence of a voluntary expression of the will of the employer and employee on the essential terms of the employment contract, that is, the conditions without which the employment contract cannot exist. Secondly, these circumstances include the existence of the employer's obligations to provide the employee with work in a specialty, qualification or position determined on the basis of a voluntary will.

At the same time, by virtue of the fifth part of Art. 57 of the Labor Code of the Russian Federation, the failure to include in the employment contract any of the obligations of the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations cannot be considered as a refusal to fulfill these obligations. Therefore, the pieceworker, whose remuneration is carried out according to the piecework system, the employer is also obliged to provide a certain amount of work. A similar view was expressed in consultation with information portal Rostrud "Onlineinspektsiya.RF" (see question-answer). For cases when the employer cannot fulfill the specified obligation, the law provides for a special procedure for remuneration of employees. For example, Art.

157 of the Labor Code of the Russian Federation establishes the procedure for paying downtime, under which, in accordance with part three of Art.
Registration is carried out according to Article 72.1 of the Labor Code of the Russian Federation. The exception is emergencies. The initiative may also come from the employee, moreover, in certain cases, he may require a transfer, then the parties must document this.
In addition, a change in the labor function in this form can be caused by such an objective factor as a medical report. In all the cases listed above, amendments to the employment contract must be made. Does the transfer formalize the renaming of a position? In practice, you can often find a situation where, for one reason or another, the name of the position changes. For example, there was an “OT engineer”, but now it’s an “OT specialist” or a “forwarding driver” - just a “driver”. As a rule, they change not only the title of the position, but also the circle of official duties. In this case, we are talking about the transfer of an employee.
Analyzing this definition, we can conclude that the labor function should be documented. First of all, this is done in the staff list, which indicates the profession and position.
In addition, it is specified in the text of the concluded employment contract. By signing it, the employee thereby expresses his agreement with the specified labor function that the employer plans to entrust to him. In order to change it in the future, the mutual consent of both parties will be required. Even if there is a change technological conditions or organizational labor law does not allow changing the function of labor activity only at the request of the employer, that is, unilaterally. As a rule, the scope of an employment contract is limited and does not allow describing in detail all the duties of an employee due to a particular profession or position.
An employment contract concluded for a fixed period in the absence of sufficient grounds established by the body exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, or by a court, is considered concluded for an indefinite period. It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees, provided for employees with whom an employment contract is concluded for an indefinite period. The list of grounds for concluding a fixed-term employment contract is established by Art. 59 of the Labor Code of the Russian Federation.

In the event that the employer cannot provide him with work within a month due to the lack of orders from contractors (or provided work in a much smaller volume than usual), is this downtime due to the fault of the employer (there is no obligation of the employer to provide the employee with -a pieceworker with a certain amount of work, sufficient to receive the usual level of wages for an employee)?

On this issue, we take the following position:

The employer is obliged to provide a certain amount of work to an employee whose remuneration is carried out according to the piecework system.

In a situation where, due to the lack of orders from contractors, the employer cannot provide the pieceworker with work or has provided work in a much smaller volume than usual, there is a downtime or non-fulfillment by the employee of labor standards through the fault of the employer.

Position justification:

When concluding with an employee, 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, agreements, local regulations and this agreement, as well as timely and in full the amount to pay wages to the employee (part one of article 56 of the Labor Code of the Russian Federation).

According to Art. 135 of the Labor Code of the Russian Federation, an employee is established by an employment contract in accordance with the remuneration systems in force for this employer, established by collective agreements, agreements, local regulations.

Within the meaning of Art. 150 of the Labor Code of the Russian Federation with piecework wages, wages are calculated based on the piecework rates established by the employer for the manufacture of a unit of output (work, services), and the quantity of products (works, services) that the employee has manufactured (performed). As a result, the employer needs to establish not only piece rates, but also labor standards (production standards) (Article 160 of the Labor Code of the Russian Federation, see also the appeal ruling of the Investigative Committee in civil cases of the Khabarovsk Regional Court dated 05.22.2013 in case N 33-2996 / 2013, question-answer from the information portal of Rostrud "Onlineinspektsiya.RF").

In accordance with Art. 162 of the Labor Code of the Russian Federation, local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of employees. Employees must be notified of the introduction of new labor standards no later than two months in advance.

The employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and labor contracts (part two of article 22 of the Labor Code of the Russian Federation).

According to the first part of Art. 21 of the Labor Code of the Russian Federation, an employee has the right to provide him with work stipulated by an employment contract. Corresponding to this right of the employee is the obligation of the employer to provide appropriate work (part two of article 22 of the Labor Code of the Russian Federation).

Accordingly, it is the employer who is obliged to provide the employee with a certain amount of work (see also the appeal ruling of the IC in civil cases of the Moscow Regional Court of September 23, 2013 in case No. 2-189 / 2014, appeal ruling of the IC in administrative cases of the Sverdlovsk Regional Court dated July 27, 2017 in case N 33a-12458 / 2017).

The provisions of the above norms apply to all employers and employees without exception (regardless of the legal form of the employer, categories of employees or wage system). At the same time, by virtue of the fifth part of Art. 57 of the Labor Code of the Russian Federation, the failure to include in the employment contract any of the obligations of the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations cannot be considered as a refusal to perform these duties.

Therefore, the worker-pieceworker, whose wages are paid according to the piecework system, the employer is also obliged to provide a certain amount of work. A similar opinion was expressed in consultation with the information portal of Rostrud "Onlineinspektsiya.RF" (see the question and answer).

In cases where the employer cannot fulfill this obligation, the law provides for a special procedure for remuneration of employees.

So, for example, Art. 157 of the Labor Code of the Russian Federation establishes the procedure for paying downtime, under which, in accordance with part three of Art. 72.2 of the Labor Code of the Russian Federation is understood as a temporary suspension of work for reasons of economic, technological, technical or organizational nature. At the same time, it should be borne in mind that in law enforcement practice, the position is widespread, according to which the absence of orders indicates relations with business entities, that is, circumstances that depend on the direct activities of the employer, and classifies the employee’s failure to perform labor duties for these reasons as downtime. due to the fault of the employer (part one, article 157 of the Labor Code of the Russian Federation) (see, for example, the decision of the Oktyabrsky District Court of St. Petersburg dated 04/05/2012 N 2-1130/12, the appeal ruling of the IC in civil cases of the Perm Regional Court dated 08/08/2012 in the case N 33-6202, appeal ruling of the IC in civil cases of the Vladimir Regional Court of 10/31/2013 in case N 33-3563/2013, appeal ruling of the IC in civil cases of the Kemerovo Regional Court of 05/07/2015 in case N 33-4532/2015, appeal determination of the IC in civil cases of the Krasnoyarsk Regional Court dated 05/18/2016 in case N 33-6357 / 2016, Krasnoholms decision whom of the district court of the Tver region dated April 10, 2017 in case N 2-29 / 2017, the appeal ruling of the IC in civil cases of the Perm Regional Court dated August 28, 2017 in case N 33-9413 / 2017, as well as question-answer 1, question-answer 2, question-answer 3 from the information portal of Rostrud "Onlineinspektsiya.RF").

According to Art. 155 of the Labor Code of the Russian Federation in case of non-fulfillment by the employee of labor standards (failure to fulfill labor (official) duties), the amount of remuneration for his work is determined depending on whose fault it happened. In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties due to the fault of the employer, remuneration is made in the amount not lower than the average wage of the employee, calculated in proportion to the time actually worked.

Based on the analysis judicial practice, failure to comply with labor standards should be understood as the performance by the employee of a smaller amount of work, failure to fulfill the established task, as well as failure to achieve the established quantitative result. At the same time, the fault of the employer may include, among other things, the failure to provide work (see, for example, the appeal ruling of the IC in civil cases of the Perm Regional Court dated October 15, 2014 in case N 33-9259, the appeal ruling of the IC in civil cases of the Perm Regional Court dated 05/19/2014 in case N 33-4238, decision of the Varnensky District Court of the Chelyabinsk Region dated 10/23/2012 in case N 2-461/2012 decision of the Vyshnevolok City Court of the Tver Region dated 09/08/2016 in case N 2-1676/2016)*(1 ).

We believe that in a situation where piecework workers do not fulfill the scope of work (labor standards) due to the lack of orders from counterparties, the employer does not fulfill its obligation to provide employees with work stipulated by employment contracts, so the wages of pieceworkers in this case should be made in an amount not lower than the average wage, calculated in proportion to the time actually worked (part one, article 155 of the Labor Code of the Russian Federation). Other specialists share a similar opinion (see "One line about the most important" (A.I. Dankov, "In the know of the legal case", N 22, November 2010)).

It should be noted that the labor legislation does not contain certain criteria for distinguishing between the concepts of "failure to fulfill labor standards (failure to fulfill labor (official) duties)" and "idle", which are associated with a different procedure for paying the corresponding periods of time. In our opinion, downtime should be understood as the suspension of the employee's performance of his labor duties (which means a break in the performance of the labor function as such) in the presence of circumstances that make it impossible to fulfill them, and under non-fulfillment of labor standards (non-performance of labor (official) duties) in relation to Art. 155 of the Labor Code of the Russian Federation - a situation where the suspension of work for the reasons specified in part three of Art. 72.2 of the Labor Code of the Russian Federation does not occur, but the employee, due to certain circumstances, does not achieve the established indicators (production standards, volume of work) when performing a labor function.

Prepared answer:
Legal Consulting Service Expert GARANT
Naumchik Ivan

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

*(1) At the same time, we also found a court decision in which the court came to the conclusion that in the absence of any established output norm, a decrease in output finished products due to a decrease in demand for it, it cannot be regarded as idle time or non-compliance with labor standards (see the decision of the Kirovgrad City Court of the Sverdlovsk Region dated December 2, 2013 in case N 2-532/2013).

Find out what the employee's labor function is, in what documents it should be fixed, how to make changes, if necessary, on a permanent or temporary basis.

From the article you will learn:

What is it - the labor function of an employee

Labor function- this is the range of duties of the employee, negotiated during employment. The definition of the labor function allows for stability and certainty labor relations. The employee knows exactly all his responsibilities, bears full responsibility for their performance. If, for reasons of an economic, organizational nature, it became necessary to change the labor function of an employee, it is important to carry out documentation in accordance with the requirements of labor legislation.

In accordance with Article 57 of the Labor Code of the Russian Federation, the labor function of an employee is:

• performance of work in the position held in accordance with staffing, by profession or specialty, indicating the relevant qualifications(first option);
• performance of a specific type of work assigned to the employee (second option).

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The concept of what is the labor function of an employee includes several options. Therefore, the labor function of an employee is determined at the conclusion of an employment contract (TD) and is prescribed in it. For example, in the first version, the following wording can be added to the document (TD): “The employee must perform labor obligations in the position of senior legal adviser (engineer, turner, locksmith, and so on).

In the second option, the record of the labor function may look like this: "The employee is entrusted with the performance of turning (plumbing, electrical, construction) work." Such a description of the labor function is made in the employment contract.

The whole range of labor duties that a certain employee will perform in a specific position is described in detail either in an employment contract or in job description.

Is it necessary to indicate in the employment contract the position according to the labor function of employees in accordance with ETKS

The labor function in the employment contract (sample) is indicated taking into account the following. If the employee will perform duties for which the provision of appropriate benefits or compensation(or this work is associated with possible restrictions), then the name of the position for which the specialist is employed (or the profession, a certain specialty) is indicated in accordance with the name provided for in the ETKS.

The name of the position held for an employee is considered one of the characteristics of the labor function. The direct labor function of employees is specified by the assigned job responsibilities. In fact, these duties are the content labor function. To determine the labor function in an employment contract (sample), it is necessary to indicate in the document not only the full name of the position (specialty, profession), but also list the range of duties for the corresponding position in job description or directly in the labor contract.

In what documents should the labor function be fixed?

The definition of what an employee's labor function is is given in articles 15, 57 of the Labor Code of the Russian Federation, it is:

1. work in the relevant position according to the staff list, profession or specialty, indicating the level of qualification;
2. specific types of work assigned to a specific employee.

From this definition it follows that the work performed by position, specialty must be documented. First of all, this should be indicated in the staff list, where the title of the position and profession is written. Also, this function should be specified in the text of the concluded employment contract.

Question from practice

How to specify the labor function of an employee when implementing an effective contract?

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
deputy director of the department medical education and personnel policy in health care of the Ministry of Health of Russia

When implementing an effective contract, it is necessary to specify the labor functions of employees. A labor function is a job in accordance with the staffing table, profession, specialty, indicating qualifications, or a specific type of work assigned to the employee ( ). When establishing labor functions, it is recommended to use the job responsibilities established for the relevant position in , and if the standard has not yet been developed, then in . This is stated in Recommendations approved …

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When signing the contract, the employee agrees with the labor function defined for him, which will be assigned to the employee by the employer (taking into account Article 56 of the Labor Code of the Russian Federation). In order to change responsibilities, if necessary, you will need to obtain the consent of both parties to the employment relationship.

Note! In the event of changes in organizational or technological working conditions, the law does not allow the possibility of changing the labor function at the initiative of the employer (taking into account Article 74 of the Labor Code of the Russian Federation).

The volume of the TD does not allow describing in detail all the duties related to the performance of work in a particular profession or position. In this case, the job description comes to the aid of the employer, which can be issued in the form local regulation or in the form of an annex to the concluded employment contract.

If the employer draws up job descriptions (JD) in the form of a LNA (local regulatory act), then he approves the document on his own. Employees must be familiarized with the content of the CI against signature. If this is not done, then in the future it will be quite difficult for the employee to hold the appropriate type of responsibility for failure to fulfill the duties prescribed in the CI.

Accordingly, the duties of the employee are fixed in several documents at once. In order to change the CI, if necessary, it is not always necessary to make changes to all executed documents. For example, if an employee needs transfer to another position, then there is no need to change the instruction itself for the position previously occupied by the transferred employee. It will be enough just to familiarize the employee with the new job description.

But it will be necessary to change the employment contract in any case, including when the labor function is changed without changing the name of the position, that is, when the very content of the employee's duties changes, but the name of his position remains the same.

How to specify the labor function of an employee when implementing an effective contract

When implementing an effective contract, the responsibilities of employees should be specified. When defining the main functions, it is recommended to use such job responsibilities that are established for each position in . If the professional standard has not yet been developed, then the employer needs to focus on . This is stated in paragraph ten of the Recommendations approved by order of the Ministry of Labor of Russia dated April 26, 2013 under No. 167n.

Such specification is required so that employees clearly know what labor duties are specifically assigned to them and for the performance of which functions or upon reaching which they can get later .

How to change the work functions of employees on a permanent or temporary basis

The labor function can be changed temporarily or permanently. On the basis of Article 72.2 of the Labor Code of the Russian Federation, an employee may be temporarily transferred to another job with the same employer. The period of temporary transfer should not exceed one year.

With this option, to change duties in the form of a temporary transfer, a written agreement of the parties will be required.

Practical situation

How to change his duties without the consent of the employee and not go beyond the scope of the labor function

The answer was prepared jointly with the editors of the journal " »

Answered by Yulia DEVYATKOVA,
lawyer, expert of the magazine "Kadrovoe delo"

The employer has the right to adjust the duties of employees without affecting the labor function. However, this often provokes a conflict with the employee, and it comes to dismissal. Former employee goes to court, where it turns out that the company made serious mistakes. For example, as a result of a change in the job description, the labor function was not preserved, the employee was fired under the wrong article for refusing to perform new duties, etc. It is not easy to prove the correctness of the employer in such cases, since much depends on the discretion of the judge. Let's consider to what extent it is possible to change the functionality without the consent of the employee and how to act if he refuses to perform the changed duties ...

The full version of the answer is available after free

In the event of natural or man-made disasters, industrial accidents, accidents, in a word, in any exceptional cases that endanger the life, health and normal living conditions of the population, the transfer is possible without the written consent of the employees. The term of such limited to one month.

But in the event that it is planned to perform work of a lower qualification, it is necessary to obtain the consent of the employee without fail. This rule is established by part 2 of article 72.2 of the Labor Code of the Russian Federation.

In a similar way, temporary transfer employees with a change in duties, if it is necessary to prevent the destruction, damage to the property of the employer.

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How to carry out a change in the labor function on an ongoing basis

Change the labor function to permanent basis It is possible in the event of various circumstances, at the initiative of the employer, employee or due to objective reasons. When changing the duties of an employee at the initiative of the employer, documentation is carried out taking into account Article 72.1 of the Labor Code of the Russian Federation. The employee is transferred to another job with his

A change in duties in the form of a transfer can be caused not only by the desire of one or both parties to the employment relationship, but by certain objective factors- a medical certificate, on the basis of which the employee should be transferred to work that is not contraindicated for health reasons (taking into account Article 73 of the Labor Code of the Russian Federation). In all such cases, it will be necessary to make changes to the previously concluded TD, since it is on the basis of this document that responsibilities for a particular employee are established.

Working conditions at the workplace important aspect employment relationship between employer and employee. During employment, a candidate for a position has the right to know in what conditions he will have to work, and therefore the characteristics of working conditions in an employment contract must be spelled out. From this article you will learn what is meant by working conditions, what characteristics are established production process what is the working environment and labor intensity, what is the classification of working conditions, what environmental factors are paid special attention to, how workplaces are assessed, how to formulate provisions on working conditions in an employment contract, what compensation is provided for harmful / dangerous working conditions, and what to do in case of deterioration of working conditions in the process of work.

What is meant by working conditions

Working conditions are a set of factors that affect how comfortable and safe it is for an employee to perform their job duties at their workplace. Over the years, the labor protection system has been constantly improved, and today we can talk about fairly clear criteria for assessing working conditions. The law requires the employer to create the most comfortable working conditions for their employees, but most importantly, the work must be safe, not threatening the life / health of the subordinate and his future children.

The current labor legislation obliges the employer to notify new employees about working conditions at work even at the time of familiarization with the contract:

• says that the head of the enterprise is obliged to ensure the working conditions provided for by law;
• obliges employers to include a description of the working conditions in the contract and mention all the harmful factors of production that the subordinate will encounter (it is also necessary to prescribe what guarantees and compensation payments are required for this).

Characteristics of working conditions in an employment contract

The employment contract must specify the characteristics of the production process - an activity aimed at the transformation of raw materials into the final product of consumption. The production process can be described as:

• raw materials and materials available at the beginning;
• the means by which production becomes possible;
• the type of workforce involved.

This means that in order for an employee to imagine what he will encounter in the process of work, it is necessary to characterize the work process as accurately as possible at the stage of drawing up an individual employment contract. For example, if a future employee knows that he will have to work steel plant, he can already assess how acceptable working conditions will be for him. If the conditions are difficult, the compensations due for difficult work, additional privileges and guarantees can convince you to find a job.

What is a production environment

The employee at the time of employment must have an idea about the production environment of the enterprise. We are talking about the space where the employee will be engaged in the performance of his immediate duties. When describing the production environment, it is necessary to mention the building, transport, means of production. Attention should also be paid to environmental and psychological factor- sometimes work requires tremendous emotional endurance.

What is meant by labor intensity?

The intensity of labor is the most important indicator of the production process. We can say that we are talking about the intensity of the labor process. The same work can be organized in different ways - in one case, the employee will quickly get tired, but at the same time achieve insignificant results, in another situation, the employee will have time to do much more, not so tired.

In this case, the fate of the enterprise depends on the literacy of the management. If a workplace poorly organized, productivity will suffer. And vice versa, if the combination of various factors, including psychological ones, does not lead to an excessive increase in labor intensity, employees perform their work efficiently and achieve optimal results.

Characteristics of working conditions in an employment contract: classification of working conditions

Important! The current legislation considers four classes of working conditions - the 4th is considered the most harmful and dangerous.

So, in the employment contract, it is imperative to indicate in which class of hazard the production process belongs, and what factors worsen working conditions.

The maximum allowable indicators of environmental factors

When hiring an employee, it is also necessary to inform him about the assessment of workplaces, in which indicators of the most important physical factors are measured. Biological and chemical factors, such as exposure to toxic substances, dust concentrations, etc., should also be checked. Physical factors include:

Special assessment of working conditions

Important! Since January 2014, even certification of offices is mandatory.

The certification of workplaces, which was carried out by a professional certified commission once every 5 years, was replaced by a special assessment of working conditions. The employer is obliged to involve specialists for its implementation in order to learn in a timely manner about the deterioration of working conditions, the impact on employees harmful factors, about the presence of areas hazardous to health and life industrial premises etc.

In the course of the assessment, it is precisely the indicators of biological, chemical and physical factors that are measured. As a rule, employers conduct a special assessment of workplaces every few years, with a significant change in the production process and in the event of accidents. If it turns out that the workplace does not meet the approved standards, the employer decides how to improve working conditions.

Characteristics of working conditions in an employment contract: wording

In the individual employment contract, it is necessary to mention what working conditions have been created at the enterprise. You need to write the following:

1. Highlight a new section of the contract, name it "Labor protection", indicate the class of conditions (1 - "optimal", 2 - permissible, 3 - harmful (indicating the degree of impact of negative factors), 4 - dangerous).
2. List the harmful and dangerous factors affecting employees during the period of work.
3. Write about the possible consequences of working under the influence of harmful factors, if the working conditions are not optimal and not permissible (deterioration of health, occurrence occupational diseases, harm to the future generation, disability, etc.).
4. Tell about the compensations and guarantees that an employee who works in harmful and hazardous conditions. This is a salary supplement (minimum 4%), additional leave, free milk and other benefits at the discretion of the employer.

Expert opinion on the question of what to do if the deterioration of working conditions is noticed

It happens that an employee gets a job because he is satisfied with the working conditions specified in the contract. However, after a while, he notices changes in working conditions, increased exposure to harmful factors. Experts State Inspectorate according to work advise in such cases to report the deterioration of working conditions to the employer. If the changes are of a domestic nature, for example, the lighting is faulty, the employer will contact the subordinate responsible for labor protection at the enterprise. The defect will be fixed.

If the employer ignores the words of employees, you must contact trade union organization and demand an unscheduled special evaluation work places. If the management disagrees, it is possible to file a complaint with Rostrud, the prosecutor's office and the court - if a significant deterioration in working conditions is found, the employer will be fined.

The form, procedure for maintaining and storing work books, as well as the procedure for preparing work book forms and providing employers with them, are established by the Government of the Russian Federation. The employer (with the exception of employers - individuals) is obliged to keep work books for each employee who has worked in the organization for more than five days, if the work in this organization is the main one for the employee. The work book contains information about the employee, the work performed by him, transfers to another permanent job and on the dismissal of the employee, as well as the grounds for terminating the employment contract and information on awards for success in work. Information about penalties in the work book is not entered, except in cases where disciplinary action is dismissal.

Labor function - what is it? change in the labor function of an employee

It is not a transfer to another permanent job and does not require the consent of the employee to move him in the same organization to another workplace, to another structural subdivision this organization in the same locality, assignment of work on another mechanism or unit, if this does not entail a change in the labor function and change essential conditions labor contract. In accordance with Art. 73 of the Labor Code of the Russian Federation, for reasons related to a change in organizational or technological working conditions, it is allowed to change the essential terms of the employment contract determined by the parties at the initiative of the employer, while the employee continues to work without changing the labor function. The employer must notify the employer in writing of the introduction of these changes no later than two months before their introduction, unless otherwise provided by the Labor Code of the Russian Federation or other federal law.

Labor function of the employee

The Labor Code of the Russian Federation in case of piecework wages, wages are calculated on the basis of piecework rates established by the employer for the manufacture of a unit of output (work, services), and the quantity of products (works, services) that the employee has manufactured (performed). As a result, the employer needs to establish not only piece rates, but also labor standards (production standards) (Article 160 of the Labor Code of the Russian Federation, see also the appeal ruling of the Investigative Committee in civil cases of the Khabarovsk Regional Court dated 05.22.2013 in case N 33-2996 / 2013, question-answer from the information portal of Rostrud "Onlineinspektsiya.RF"). In accordance with Art. 162 of the Labor Code of the Russian Federation, local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of employees.

When hiring, the employer is obliged to familiarize the employee with the internal labor regulations in force in the organization, other local regulations related to the employee's labor function, and the collective agreement. Based on Art. 69 of the Labor Code of the Russian Federation, persons under the age of eighteen, as well as other persons in cases provided for by the Labor Code of the Russian Federation and other federal laws. When concluding an employment contract, an agreement of the parties may stipulate a test of an employee in order to verify his compliance with the assigned work.

1 st. 70 of the Labor Code of the Russian Federation). 3. Transfers to another job. Grounds for termination of an employment contract According to Art.

What does it mean to provide a conditional work function

The Labor Code of the Russian Federation transfers to another permanent job in the same organization at the initiative of the employer, that is, a change in the labor function or a change in the essential terms of the employment contract, as well as a transfer to a permanent job in another organization or in another locality together with the organization is allowed only with the written consent of the employee ka. An employee who, in accordance with a medical report, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another available job that is not contraindicated for him for health reasons. If the employee refuses to transfer or if there is no relevant work in the organization, the employment contract is terminated in accordance with paragraph 1 of Art.

8 art. 77 of the Labor Code of the Russian Federation.

It is not the labor function of the employee that is subject to adjustment, but his actions. The Labor Code of the Russian Federation does not prohibit this. At the same time, there is no need to notify the employee for the 2 months established by law and obtain his consent to this procedure. It is enough just to acquaint him with the updated job description.

Attention

However, it is important to remember that by adding new labor activities, it is necessary to ensure that they do not contradict and correspond to the general labor functions prescribed in the contract. In practice, it often happens when, for example, a janitor, as they say, "in the load" is given the duties of a janitor. In this form, this situation is unacceptable. If the employer wants to entrust the employee with any new labor functions that are not included in his professional standard, this will have to be done in a different way.

Drawing up an employment contract: how to use the professional standard? It does not matter what you choose - an employment contract in its classic version or efficient contract, - in any case, it indicates the labor functions of the employee - this is not a wish, but a necessity. To do everything right, you should be guided by professional standards. It is considered a mistake to indicate only the position in the employment contract, because it is not a labor function.