Each department has its own tasks. In order for all departments of the company to work smoothly, approve the regulation on the department - a convenient regulation that fixes the functions of a structural unit and the procedure for interacting with other services.

From the article you will learn:

Regulations on the department - a local organizational and administrative document, often used in large companies with independent structural divisions. The development of a regulation for each department allows you to regulate its daily activities, determine the main tasks, outline the internal structure and distribute areas of responsibility. Such a document can be drawn up for each service or laboratory, for individual workshops, sections and bureaus.

At the same time, small businesses with a simple organizational structure and a limited number of employees usually do not need regulations of this kind. If there is no division into independent structural units (departments, services), then the provisions governing them legal status and establishing the order of interaction with other units are not needed. For more information about labor law standards developed specifically for small organizations, read the articles " . What rules for micro-enterprises will be useful for other companies” and “Checks: can employee complaint?

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Regulations on the department: structure and content

In order to competently draw up in 2018 a position on the personnel department, accounting or any other structural unit enterprises, we recommend using a convenient template.

The model regulation on the department contains the following sections:

1. general provisions;
2. structure;
3. main tasks (missions);
4. functions;
5. rights and obligations;
6. responsibility;
7. relationships with other departments.

The section "General Provisions" indicates the full name of the department and the details of the document on the basis of which it was created, as well as the order of subordination. Ordinary employees report to the head of the department, and he, in turn, is accountable to the director of the enterprise. In more detail, the structure of the unit is “sorted out” in the second section of the document: categories of personnel are identified, and their number is determined.

The "Tasks" section is very important, which sets the vector of the department's activities. The employer decides how detailed the wording should be. Usually it is only about the key areas of activity. For example, if we consider a sample provision on the personnel department (personnel service), the list of tasks should include the selection and education of personnel, ensuring employees' rights and guarantees in accordance with the current labor law and local regulations, maintaining personnel records etc.

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Changes and amendments to local regulations are made as necessary. If in the future there is a need to revise the provision, use the recommendations of experts (see the articles “How to develop and approve in the organization”, “How long does it take to notify about and other personnel matters.

Development of a regulation on the structural unit of the organization

When creating the structure of a (global) enterprise, it is necessary not only to define the functions of each structural unit, but also to fix them in the appropriate document. The regulation on the structural unit is precisely the document that determines: the procedure for creating a unit, the legal status of the unit in organizational structure enterprises, tasks and functions of the unit, the rights of the unit, relationships with other units of the enterprise, the responsibility of the unit.

Therefore, the responsibilities for developing regulations can be assigned to the personnel department, legal department, etc. It cannot be said that the legislation establishes requirements for the preparation and execution of a regulation on a structural unit. And this is right, because the company must independently create its own management strategy. Practice has developed several models of regulations on the divisions of the enterprise. One of the most common is the model, which contains the following sections:

1. General Provisions.
2. Structure and headcount divisions.
3. Tasks of the unit.
4. Functions of the division.

5. The rights of the division.
6. Relationships (service relations) of the unit with other units of the enterprise.
7. Responsibility of the unit.

Let's consider the main elements of the text on the example of the design of the position according to the above model.

position layout

(1) Name of the enterprise, organization, institution. The name of the enterprise (organization, institution), which is the author of the document, must correspond to that which is enshrined in the constituent documents. If the abbreviated name is fixed in the constituent documents, it is also indicated in the document, but placed below the full name (in brackets). In the event that the author is a separate structural subdivision of the enterprise (branch, representative office), its name is placed below the name of the enterprise. Recall that, according to Article 55 of the Civil Code of the Russian Federation, a branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office. Representation, in turn, means a separate subdivision of a legal entity located outside its location, which represents the interests of the legal entity and protects them.

(2) Vulture of Approval. Regulations on the main structural divisions of the enterprise are approved by the director. The position of a subdivision within the main subdivision (for example, a bureau within a department) can be approved by the head of the main subdivision, if such authority is reflected in his job description or the regulation on the subdivision he leads.

The document approval stamp must consist of:

1. words I APPROVE (without quotes);

2. job title of the person approving the document;

3. signatures, initials, surnames of the official;

4. dates of approval.

As a rule, the order of the director of the enterprise on the creation of a structural unit simultaneously approves the position. In this case, the approval stamp consists of:

1. the words APPROVED (without quotes);

2. the name of the approving document in the nominative case;

3. dates of the document and its number. For example: APPROVED Order of the General Director of Soglasie LLC dated 03.22.00 No. 31

(3) Name of the structural unit. If the word "REGULATION" is the name of the type of document, then the attribute (3) is a heading to the text. It includes summary document and is consistent with the name of the document type. For example, the position of the financial department. The structural subdivision of the enterprise is an officially allocated management body of a part of the enterprise with independent tasks, functions and responsibility for the fulfillment of the tasks assigned to it. In this case, we are talking about structural units of an enterprise that do not have the full features of a legal entity and are not separate divisions.

There are the following types of structural units:

1. Management.

2. Services.

5. Branches.

7. Laboratories.

8. Sectors.

9. Plots.

The creation of a particular unit depends on various factors. First of all, this payroll workers. The justification for creating a subdivision, as a rule, is linked to the norms for the number of employees. They are just designed to determine the required number of employees of a particular unit, to establish official duties, distribution of work between performers. For example, in enterprises with average headcount more than 700 employees, a labor protection bureau is created with a staff of 3-5 employees (including the head) or a department - with a staff of 6 employees.

At the same time, at a number of enterprises, the creation of labor protection departments is allowed with a normalized number of employees of at least 4 staff units. Looking at the organizational structure federal bodies executive power, then you can find the following dependence there: the staffing of the department cannot be less than 20 units, the department is not less than 10 units, the department (as part of the department) is not less than 5 units, the department is not less than 2 units.

The management structure cannot include less than 3 departments. It should be noted that the creation of such structural units as departments is typical for bodies state power and municipal authorities. In private enterprises, the most common is structuring into departments. The company determines the staffing standards independently.

However, one cannot ignore the fact that the fragmentation of the organizational structure and staffing of the enterprise into small units of 2-3 people, whose leaders do not have the right to accept management decisions leads to "smearing" the responsibility of managers at all levels for their decisions. At the same time, the increase in the degree of responsibility causes a response from the heads of departments, namely, the requirement to increase wages.

Regulations on the structural unit (service)

Regulations on structural divisions(services) can be classified into:

regulations on structural divisions;

regulations on collegiate and advisory bodies both management (board of directors, board) and specialized
(scientific council, scientific and technical council, etc.);

provisional institutions(meetings, commissions, councils).

Text structure the provisions on the division (service) are not normatively fixed. A fairly stable structure, developed by practice, has only provisions on subdivisions, including the following sections:

General provisions.

2. Main tasks.

3. Functions.

4. Rights and obligations.

5. Responsibility.

6. Relationships.

In chapter "General Provisions" the full official name of the unit, the date, number and name of the legal act on the basis of which the unit was created and operates, what guides its activities, who heads and
to whom he is subordinate, the procedure for appointing and dismissing the head of the unit, the presence of a seal in the unit.

In chapter "Main tasks" the main problems solved by the subdivision and determining the nature and directions of the subdivision's activities are listed.

In chapter "Functions" actions or types of work are indicated,
which the unit must perform in order to fulfill its tasks. Functions should fully reflect
the specifics of the department.

In chapter "Rights and obligations" enumerates the rights that are vested in the unit in the person of its head.

In chapter "Responsibility" establishes the types of disciplinary, administrative, if necessary, and criminal liability that the head of the unit may bear in
in case of non-fulfilment of their duties.

In chapter "Relationships" the information and documentation flows of the subdivision are regulated; the main documents created by it; it is indicated with which divisions and organizations interaction is carried out, what information the division receives and presents, the frequency and timing of submission; in what order and by whom the arising disagreements are considered.

Regulations on the division issued on the letterhead of the organization. Mandatory details of this type of documents are: the name of the organization, the name of the type of document, the date and number of the document, the place of compilation, the title to the text, the signature, the stamp of approval. Regulations on divisions subscribe department head, approved the head of the organization.

Job description

Job description- a legal act issued by an organization in order to regulate the organizational and legal status of an employee, his duties, rights, responsibilities and provide conditions for his effective work.

Job descriptions are developed for all positions provided for by the staffing table.

Text The job description consists of the following sections:

1. General Provisions.

2. Job responsibilities.

4. Responsibility.

5. Relationships.

Chapter "General Provisions" includes: the title of the position with the designation of the structural unit; to whom the employee directly reports; the procedure for appointment to office and dismissal from office; a list of regulatory, methodological and other documents that guide the employee in this position; qualification requirements (level of education, work experience); requirements for the employee in relation to special knowledge.

In chapter "Responsibilities" the specific content of the employee’s activities is established, the types of work performed by the employee in this position, the nature of the actions performed (“manage”, “prepare”, “approve”, “consider”, “perform”, “provide”, etc.) are listed.

In chapter "Rights" the powers of the employee are established, ensuring the fulfillment of the duties assigned to him:

the right to make certain decisions, give instructions on specific issues, independently sign documents within the framework of the competence granted to him, the right to make suggestions to the head; represent on behalf of a unit or institution in other organizations and the limits of representation; the right to participate in meetings at which issues related to its jurisdiction are considered, the right to request information necessary for work (statistical, economic, etc.), as well as the right to demand certain actions from other employees.

In chapter "Responsibility" the criteria for evaluating the work and the measure of the employee's personal responsibility are determined. Evaluation criteria are objective indicators that characterize the quality and timeliness of the work. The liability of an employee is determined in accordance with applicable law and may be disciplinary, administrative or criminal.

In chapter "Relationships" indicate: from whom, to what
terms and what information the employee receives; to whom, what and in
what terms represents; with whom he coordinates the draft documents being prepared; Who does the training with?
documents and other issues of information relations of the employee with other departments, persons, organizations.
Job description issued on the letterhead of the organization. Mandatory job description details are: the name of the organization, the name of the structural
subdivisions, date, document number, place of compilation, title to the text, signature, stamp of approval. Job description signs head of the structural unit
and approved the head (deputy head) of the organization - the curator of this unit or the head
structural unit, if it has been granted this right.

Are endorsed job descriptions by the heads of interested departments and the legal service (lawyer),
as well as other officials, on whose actions its implementation may depend.

Date of job description is the date of its approval.

Regulations

Regulation - a legal act that establishes the procedure for the activities of the management of an organization, a collegial or advisory body. The text of the regulation consists of sections, paragraphs and subparagraphs, indicated Arabic numerals. The regulations for the work of a collegial or advisory body determine: the status of a collegial or advisory body; work planning procedure; the procedure for preparing materials for consideration at the meeting; submission of materials for consideration; procedure for consideration of materials and decision-making at the meeting; taking minutes of the meeting; registration of decisions of a collegial or advisory body; the procedure for bringing decisions to the executors; logistical support of the meetings. The regulation is being drawn up on the letterhead of the institution. Mandatory requisites are: name of the institution, name of the collegial or deliberative body, type of document, date of the document, document number, place of compilation, stamp of approval, text, signature.

Regulations are approved the head of an organization or the head of a collegial or advisory body. In the process of preparation, the regulations are discussion stage at a meeting by members of a collegiate or advisory body, as well as harmonization with interested departments and legal service.

staffing

staffing- a legal act that determines the structure, number and official composition of the organization's employees, indicating official salaries (in state institutions - indicating the category according to the Unified Tariff Scale).

staffing issued on standard sheets of A4 paper in landscape orientation with the details of the general form: name of the organization, name of the type of document, date, document number, place of compilation, title to the text, signature, stamp of approval.

The heading to the text indicates the year for which the staffing table is drawn up. Text staffing is compiled in tabular form. The codes and names of structural divisions and positions, the number of units by state, official salary, allowances and the monthly salary fund for official salaries are indicated.

Responsibility for preparation staffing lies with the Human Resources Department (Personnel Service). staffing project endorsed heads of departments, chief accountant, legal service, deputies of the head of the organization.

staffing signs Head of Human Resources and approved the head of the organization with affixing the official seal (or seal of the organization) on the approval stamp.

Instruction

Instruction- a legal act containing the rules governing
organizational, scientific and technical, technological, financial and other special aspects of the activities of institutions, organizations, enterprises, their divisions, services, officials.

Text The instruction consists of sections that have headings and are divided into paragraphs and subparagraphs, numbered in Arabic numerals.

The text of the instruction should begin with a "General Provisions" section, which sets out the goals and reasons for issuing the document, the scope, reasons for development and other general information. The text of the instruction uses the words “should”, “should”, “necessary”, “not allowed”, “prohibited”, etc.

Instructions are issued on the letterhead of the organization. The heading to the instruction indicates the object or range of issues to which its requirements apply, for example: “Instruction on maintaining accounting at the enterprise."

Instruction signs the head of the structural unit that developed it, and is subject to approval. Instructions endorsed the heads of all interested departments, the legal service, the deputy head in charge of the area of ​​activity that the content of the instruction concerns. Approved instructions from the head of the organization.

Instructional documents may also be called "Rules", "Regulations".

Let's start by highlighting two important details:
1. Writing provisions is relevant if there is a real division of the organization into these same units.
2. The presence of the provisions in question is not necessary for the organization.

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VI. Interactions of the department with other structural divisions

I. General provisions

1. The quality control department is an independent structural subdivision of the enterprise.

2. The department is created and liquidated by the order of the director of the enterprise.

3. The department reports directly to the quality director of the enterprise.

4. The quality control department is headed by the head, appointed to the position by order of the director of the enterprise on the proposal of the director for quality.

5. The head of the quality control department has ____ deputy (s).

6. Responsibilities of the Deputy (s) ___________ (determined; distributed) by the head of the quality control department.

7. Deputy (s) and other employees of the department are appointed to positions and dismissed from positions by order of the director of the enterprise on the proposal of the head of the quality control department.

8. In its activities, the department is guided by:

8.1. The company's charter.

8.2. By this Regulation.

II. Department structure

1. The structure and staffing of the department are approved by the director of the enterprise based on the conditions and characteristics of the enterprise's activities on the proposal of the director for quality and the head of the department and in agreement with ____________________ (HR department; department of organization and remuneration).

2. The department includes the following structural units:

· Technical bureau OKK

Bureau (sector, group) of quality control in workshops (BKK)

External acceptance control laboratory

Central measuring laboratory

· Laboratory of chemical analysis

3. Regulations on the subdivisions of the department (bureau, sectors, groups, laboratories, etc.) are approved by the director, and the distribution of duties between the employees of the subdivisions is made by the head of the department.

III. Department tasks

1. Ensuring the production of high-quality and competitive products by the enterprise.

2. Prevention of the release by the enterprise of products that do not meet the requirements of standards and specifications, approved samples (standards), design documentation.

3. Logistics and methodological support (normative-technical and technological documentation, reference materials) of product deliveries.

4. Compliance with the terms of delivery, completeness of products under contracts.

5. Strengthening production discipline, increasing the responsibility of all production links for the quality of products.

IV. Department functions

1. Checking the material resources (raw materials, materials, semi-finished products, components) arriving at the enterprise and preparing conclusions on the compliance of their quality with standards and specifications.

2. Drawing up acts of acceptance control on the quality of material resources.

3. Operational control at all stages of the production process.

4. Carrying out selective inspection control over the quality of individual technological operations (including transportation), technological equipment and tools.

5. Determination of the range of measured parameters and optimal standards for measurement accuracy.

6. Control for:

- quality, completeness, packaging, preservation of products;

— compliance of products with standards, specifications, approved samples (standards), design documentation;

- the presence of the trademark of the enterprise on the finished product;

- the correct storage in the divisions of the enterprise and in warehouses of material resources and finished products;

7. Evaluation of the grade of products manufactured by the enterprise.

8. Branding of accepted and rejected products.

9. Registration in accordance with the established procedure of documentation for accepted and rejected products.

10. Identification of the causes of non-compliance of products with the requirements of regulatory technical documentation, determining the possibility of correcting defects and eliminating defects, taking measures to eliminate them.

11. Carrying out repeated checks, lowering the grade of products.

12. Ensuring the withdrawal from circulation of products if it is impossible (inappropriate) to eliminate defects and defects.

13. Analysis and technical accounting of product defects.

14. Organization of bilateral exchange of information on the quality of goods with consumers.

15. Registration of the results of control operations, keeping records of product quality indicators, defects and their causes, drawing up periodic reports on product quality.

16. Registration of documents certifying the quality of products.

17. Systematic monitoring of the state of control and measuring facilities of the enterprise.

18. Timely implementation of activities related to the introduction of new regulations and standards.

19. Participation in testing new product samples, development of technical documentation for these products.

20. Preparation of products for attestation and certification.

21. Participation in the development of sections on the quality and completeness of contracts for the supply of products.

23. Development of proposals to improve the quality of manufactured products, as well as to increase the quality requirements for the material resources consumed by the enterprise (raw materials, materials, semi-finished products, components).

V. Rights of the department

1. The quality control department has the right to:

1.1. Stop receiving and shipping products in case of:

- non-compliance of its quality with standards, technical documentation, approved standards, samples;

- non-compliance of its completeness with the established normative and technical documentation;

– lack of mandatory established technical documentation;

The head of the quality control department informs the quality director in writing about the termination of acceptance (shipment).

The order of the head of the quality control department to refuse to pass products can be canceled only on the basis of a written order of the director.

1.2. In case of non-compliance of products with standards at certain stages of production, make proposals to the management of the enterprise to suspend the manufacturing process in the relevant structural divisions of the enterprise, and reject the products themselves.

1.3. Demand from the heads of all structural divisions:

– carrying out activities aimed at improving the quality of products;

- providing the information necessary for the implementation of the work of the department;

1.4. In case of disagreement on the quality of products, make the final decision on acceptance or rejection of the latter.

When resolving disputes about the quality of products in court, issue an expert opinion (at the request of the court).

2. The head of the quality control department is also entitled to represent:

2.1. Proposals on rewarding employees who have distinguished themselves and on bringing to disciplinary responsibility employees who do not observe labor and production discipline.

2.2. Conclusions on the facts of damage to valuables (when drawing up documents for writing off shortages of valuables and damage in excess of the norms of natural loss).

VI. Interactions of the department with other structural divisions

To perform functions and exercise rights, the quality control department interacts:

1. With the standardization department on:

1.1. Receiving:

— standards;

- instructions;

— technical conditions;

— other technical documentation for determining product quality;

1.2. Provisions:

— suggestions and comments on the provided documentation;

— information about violation of standards and specifications;

2. With the department of the chief technologist on:

2.1. Receiving:

– conclusions on the compliance of material resources (raw materials, semi-finished products, etc.) with TU and GOST;

- conclusions about the possibility of using material resources in production;

2.2. Provisions:

- material resources (raw materials, materials, semi-finished products, etc.) for the analysis of their compliance with GOST, TU;

3. With the department of the chief designer on:

3.1. Receiving:

— technical documentation for testing product samples;

— technological maps with tolerance standards in accordance with GOST and TU;

- descriptions technological processes with indications of quality requirements;

3.2. Provisions:

- information about the detected technological shortcomings and proposals for their elimination;

— proposals for improving the quality of products;

- generalized information about the quality of products and the number of defects;

— test reports and studies of product samples;

4. With the department of the chief mechanic on:

Receiving:

— Plans for checking and repairing equipment;

- means of monitoring the quality of equipment repair;

4.2. Provisions:

- proposals for improving product quality;

5. With the department of the chief power engineer on:

5.1. Receiving:

- schedules of preventive maintenance on electrical equipment;

- components for electrical equipment;

— assistance in the repair of electrical equipment;

5.2. Provisions:

- applications for the repair of electrical equipment;

- applications for components for electrical equipment;

6. With tool department for:

6.1. Receiving:

— measuring tool(including own production);

6.2. Provisions:

— applications for a new instrument;

- acts of writing off a faulty measuring instrument;

7. C production laboratory and its divisions on the following issues:

7.1. Receiving:

- acts with test results;

The organizational and legal documents are the foundation of the organizational activity of any institution. They regulate the status of the organization, its structure, staffing, official composition, and also determine the rights, duties, responsibilities and procedures for the interaction of its separate, structural divisions and officials.

In this article, we will dwell in detail on such an organizational and legal document as a provision.

Our reference

Organizational and legal documents include:

• charter;
• memorandum of association;
• position on the organization;
• provisions on structural, separate subdivisions, on the collegial (advisory) body of the organization, etc.;
• regulations;
• staffing;
• instruction;
• job description;
• internal rules work schedule and etc.

All organizational and legal documents are subject to approval either by a higher organization, or by the head or collegial body (if any) - the board of directors, a meeting of shareholders, etc. All rules contained in these documents are binding.

Types of provisions

Our dictionary

Position- this is an organizational and legal document regulating the formation, rights, duties, responsibilities and organization of the work of a structural unit (official, advisory or collegiate body), as well as its interaction with other units and officials.

AT commercial organization Several types of provisions may apply:

• Regulations on the organization;
• regulations on structural divisions, for example Regulations on accounting or Regulations on the personnel department;
• provisions defining the activities of the commission or group, for example, the Regulations on the expert archival commission;
• provisions regulating the work of officials, for example, the Regulations on the General Director;
• provisions governing organizational relations on a specific issue, for example, the Regulation on the certification of employees or the regulation on working with applications and claims from individuals.

The practical use of the provisions is that they spell out as specifically as possible who should do what, what tasks to perform and what to be responsible for. In turn, this greatly facilitates the control over the implementation of the instructions of the head. When two departments of an organization “throw” the execution of a task onto each other, delaying its solution, and cannot agree among themselves who will do what and who will do what, the provisions on divisions will help to understand. Therefore, far-sighted leaders usually have a vested interest in having their department's regulations prepared and as detailed as possible.

The simplest example: a department wants to archive unformed documents - in folders or in bulk. The documents are not sorted and it is not known which cases they refer to. The head of the department insists that the secretary should disassemble these documents and form them into cases. The secretary, having opened the Regulations on the archive, draws the attention of the head to the fact that the archive accepts documents formed into cases in accordance with the nomenclature of cases. This is an internal corporate law, and we have to reckon with it.

note

Documents such as the Regulations on Certification, the Regulations on Handling Claims, etc., are in fact step by step guides to action: they describe in detail each stage of solving a particular problem.

Regulations on the structural unit

Regulations on structural divisions are perhaps the most common and popular type of provisions. Since the requirements for the provisions on structural divisions and the rules for their development are not established by law, each organization independently decides which issues of the activities of a particular division should be regulated in these local regulations. The main sections of the standard Regulations on the division are presented in the table.

The main sections of the Regulations on the division and their content

Position details

When preparing the provision, the following details of the document are drawn up:

• name of company;
• name of the document type;
• title to the text;
• document date;
• registration number of the document;
• place of compilation or publication of the document;
• document approval stamp;
• document text;
• visa approval document.

Let us consider in more detail the features of the design of these details in the provisions.

• Name of company. The name of the organization-author is indicated according to the constituent documents. If in these documents, along with the full name, there is also an abbreviated name, then it is also indicated (Example 1). Names in languages ​​of subjects Russian Federation or in foreign languages, the names in Russian are indicated below or to the right of it at the same level.

The authors of the provision can be two or more organizations (for example, if a Regulation on Relationships is being created). In this case, the names of organizations are located at the same level (if we are talking about companies that are not subordinate to each other), as in Example 2, and at different levels (if one institution is subordinate to another).

• The name of the document type. This attribute is printed in capital letters: POSITION, a dot is not put after it.

• Title for the text. Typed from a new line and answers the questions: about what (about whom)?(see options for the location of the props in Examples 1 and 2).
• Document date. The date of the document is the date of its approval. It is entered in the appropriate field by the approver official. If the regulation is signed by two or more organizations, then its date will be the date of the last approval (see Example 2).

• The place where the document was compiled or published. This requisite is drawn up if the place of publication of the provision cannot be determined by the name of the organization. So, for example, for CJSC Tomsk Utility Systems, it is not required to fill it out, unlike OJSC Srednevolzhskaya construction company". If in the first case it is clear where the enterprise is located, then it is impossible to determine the exact location of the organization by the second name.

On the other hand, if the document is issued by a branch of CJSC Tomsk Utility Systems located in the regional center of the Tomsk region, then this regional center will be indicated as the place where the document was compiled (see Example 1).

• Document approval stamp. Usually the provisions are approved by the head of the organization. But within the framework of his competence and with the appropriate authority, another official can do this. For example, the Administrative Director can also approve the Regulation on office work at the request of citizens. The approval stamp in the provision consists of the word I APPROVE, the title of the position of the person approving the document, his signature, initials, surname and date of approval (see Example 1).

In addition, the provision can be approved by an administrative document - usually an order for the main activity. In this case, the approval stamp consists of the word APPROVED, the name of the approving document (in the instrumental case), its date and number (see Example 2).

Example 1

The upper part of the regulation issued by the branch of the organization

Example 2

Upper part of the regulation approved by the two organizations

POSITION

about the relationship of organizations

05/26/2014 No. 6/24-Pol

• Document text. For convenience, the text of the provision is divided into sections, each of which is assigned a serial number. All provisions of the section are also numbered. This is done so that one can easily refer to one or another norm of the provision (see Example 5).

• Visa approval document. The regulation is subject to mandatory agreement with all interested officials. It is convenient to issue an approval sheet to the position, which will be an integral part of the document. The visa consists of the word AGREED, the position of the person with whom the document was approved, a personal signature, its transcript and the date of approval.

If the approval is carried out by a document, then the approval stamp includes the word AGREED, the name of the document, its date and number. The completed approval sheet is signed and dated (see both options in Example 3).

Example 3

Approval sheet for the position

APPROVAL SHEET
to the Regulation on the preparation and transfer of documents to the archive
06/19/2014 No. 5-P/2014

AGREED
Minutes of the meeting of the expert commission
LLC "Pristan"
dated 16.06.2014 No. 3

AGREED
Administrative director
Vasiliev N.K. Vasiliev
17.06.2014

AGREED
Boss legal department
Lapshina T.A. Lapshina
18.06.2014

The position has been developed. What's next?

With an approved position in without fail all interested employees of the enterprise should be familiarized: if this is a provision for a department, then all employees of the department; if the provision on work with claims - all those who work with claims, etc. Each new employee of the organization on his first working day must study all the provisions and instructions by which he will have to work.

The familiarization visa is issued by analogy with the approval visa, but is carried out with his own hand: the employee writes “Familiarized” or in more detail “I am familiar with the Regulations on bonuses”, indicates his position, signs, deciphers the signature and indicates the date of familiarization.

By the way

The question of where to write data about familiarization with the document is solved in different ways. You can draw up a sheet of familiarization with the document, which is filed to the position. When one sheet is filled, you need to hem another, and so on.
Visas familiarization with the provisions concerning labor relations with personnel, can fit directly into the employment contract with the employee even before it is signed.

The Regulation is a termless document and is valid from the moment of its approval until it is canceled or replaced by a new one. Periodically (once every few years), the provision must be reviewed and, if necessary, introduced into it. actual changes. Cancellation of the provision, its replacement or amendments to it are made by order for the main activity (Example 4).

Example 4

Order to cancel the current regulation and approve a new one

Society with limited liability"Gibraltar"
(Gibraltar LLC)

ORDER

27.06.2014 № 33

Moscow

In connection with the change in the staff structure of Gibraltar LLC

I ORDER:

1. Cancel the current Regulations on the advertising department of Gibraltar LLC from 07/01/2014.
2. Approve and put into effect the Regulations on the marketing department of Gibraltar LLC from 07/01/2014 (Appendix 1).
3. Head of the personnel department Ivanova R.A. familiarize employees with this order against signature until 06/30/2014.
4. I reserve control over the execution of this order.

CEO Vladimirov P.A. Vladimirov

In accordance with Art. 50 of the List of typical administrative archival documents generated in the course of the activities of state bodies, bodies local government and organizations, indicating the terms of storage, approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558, the canceled provision is stored in the archive of the organization permanently.

Regulations on the secretariat

In conclusion, we will give an example of the Regulations on the secretariat of a non-governmental organization (Example 5).

Example 5

Regulations on the secretariat

Limited Liability Company "Crossroads"
(LLC "Crossroads")

POSITION
about the secretariat

07/14/2014 No. 7/25-Pol

Moscow

1. GENERAL PROVISIONS

1.1. The Secretariat is a structural subdivision of the Perekrestok Limited Liability Company (hereinafter referred to as the Organization).

1.2. Creation, reorganization and liquidation of the secretariat are carried out by decision CEO Organizations and are issued by order on the main activity.

1.3. The head of the secretariat is in charge of the secretariat.

1.4. The head of the secretariat reports directly to the Director General of the Organization, is appointed and dismissed by his order.

1.5. In its activities, the secretariat is guided by:

1.5.1. Legislation in the field of information and documentation.

1.5.2. Regulatory acts of the President and the Government of the Russian Federation, the State Standard of Russia and the Federal Archives on the issues of documentary support for management and archival storage of documents.

1.5.3. The Charter of the Organization.

1.5.4. Orders and orders of the General Director of the Organization.

1.5.5. Instructions for the office work of the Organization.

1.5.6. Others regulations and methodological documents on the organization of documentation, organizational and information and reference support for management.

1.5.7. By this Regulation.

2. STRUCTURE OF THE SECRETARIAT

2.1. The secretariat includes:

2.1.1. Assistant General Manager.

2.1.2. Secretary of the Deputy General Director.

2.1.3. Secretary of the Chief Engineer.

2.1.4. Office Manager.

2.1.5. Courier.

2.2. The duties of the employees of the secretariat are established by job descriptions.

3. MAIN OBJECTIVES OF THE SECRETARIAT

3.1. The main tasks of the secretariat are:

3.1.1. Documentation support the work of the management of the Organization: the general director, his deputy, the chief engineer (hereinafter referred to as the Management), as well as the collegial body of the Organization - the Meeting of Founders.

3.1.2. Organizational support for the work of the Management of the Organization.

3.1.3. Reference and information support for the work of the Management of the Organization.

4. FUNCTIONS OF THE SECRETARIAT

4.1. The secretariat performs the following functions:

4.1.1. Handles incoming, outgoing and internal documents Organizations.

4.1.2. Receiving, transmitting and recording fax messages, telephone messages, telegrams, electronic messages received by the Management of the Organization and sent on its behalf.

4.1.3. Accepts, considers and submits for consideration documents received by the Management of the Organization.

4.1.4. Controls the correctness of the execution of documents submitted for signature to the Management of the Organization.

4.1.5. Prepares, on behalf of the Management of the Organization, drafts of individual orders, orders, official letters, certificates and other documents, coordinates them with the heads of structural divisions and other officials and specialists.

4.1.6. Carries out editing of documents on behalf of the Management.

4.1.7. Provides printing, scanning and rapid reproduction of documents used in the activities of the Management of the Organization.

4.1.8. Provides accounting and timely registration of documents, their safety.

4.1.9. Organizes rational workflow and control of the movement of documents in the Organization.

4.1.10. Controls the correctness of paperwork and provides methodological and organizational assistance to employees of the Organization in paperwork.

4.1.11. Ensures the formation of secretariat cases in accordance with the approved nomenclature of cases, their storage, timely transfer of cases for archival storage and allocation for destruction of files and documents with expired storage.

4.1.12. Organizes the planning of the working day of the Management of the Organization.

4.1.13. Provides telephone service to the Management and employees of the Organization.

4.1.14. Drafts the work plans of the Assembly of the founders of the Organization.

4.1.15. Prepares materials for meetings of the Assembly of the founders of the Organization, ensures their timely distribution to interested organizations and individuals.

4.1.16. Provides timely information about the meetings of the Assembly of the founders of the Organization.

4.1.17. Prepares and organizes operational meetings, meetings with the Management of the Organization.

4.1.18. Carries out activities for the logistical support of meetings and meetings held by the Management of the Organization.

4.1.20. Controls the implementation of the decisions of the Meeting of the founders of the Organization.

4.1.21. Organizes the reception of visitors by the Management and employees of the Organization.

5. RIGHTS OF THE SECRETARIAT

5.1. The head of the secretariat has the right:

5.1.1. Participate in the prescribed manner in the hiring and dismissal of employees of the secretariat.

5.1.2. In coordination with the Management of the Organization, to carry out the selection, placement and movement of the secretariat's employees.

5.1.3. Distribute the work among the employees of the secretariat.

5.1.4. Represent employees of the secretariat for promotion, as well as make proposals for bringing them to disciplinary responsibility.

5.1.5. Make proposals for changing the structure and staff of the secretariat.

5.1.6. Submit proposals to the Management of the Organization to improve the work of the secretariat.

5.1.7. Conduct correspondence on the activities of the secretariat.

5.2. Secretariat employees have the right to:

5.2.1. To receive, in accordance with the established procedure, from other structural divisions of the Organization the information necessary for work.

5.2.2. Require the heads of structural divisions and employees of the Organization to timely submit documents and information to the Management of the Organization.

5.2.3. On behalf of the Management of the Organization, involve employees of other structural divisions for the preparation of draft orders, instructions and other documents.

5.2.4. Return for revision to the employees of the Organization draft documents drawn up by them in violation of applicable norms and rules.

5.2.5. Make proposals for improving the work of the secretariat.

6. RELATIONSHIPS AND RELATIONSHIPS OF THE SECRETARIAT WITH OTHER STRUCTURAL UNITS OF THE ORGANIZATION

6.1. The Secretariat submits to the Management of the Organization:

6.1.1. Received correspondence for consideration.

6.1.2. Draft documents for consideration and signing.

6.1.3. Memos, proposals, references, informational and other materials from structural divisions and officials of the Organization for consideration.

6.2. The Secretariat receives from the Management of the Organization:

6.2.1. Documents received from other organizations with a resolution of the Leadership.

6.2.2. Proposals, memos, certificates of structural divisions of the Organization with a resolution of the Management.

6.2.3. Signed orders, orders, protocols, letters and other documents.

6.2.4. Approved regulatory documents.

6.2.5. Approved work plans of the structural divisions and the collegial body of the Organization.

6.3. The Secretariat sends to the structural divisions of the Organization:

6.3.1. Copies of orders (extracts from orders) for execution.

6.3.2. Copies of the minutes (extracts from the minutes) of the meetings of the Meeting of the founders of the Organization for execution.

6.4. The Secretariat receives from the structural divisions of the Organization:

6.4.1. Projects of office letters.

6.4.2. Draft orders and directives.

6.4.3. Information and reference materials.

6.5. Secretariat sends to other organizations business letters, information materials.

6.6. The Secretariat receives business letters and information materials from other organizations.

7. RESPONSIBILITY OF THE SECRETARIAT

7.1. Secretariat employees are responsible for:

7.1.1. For failure to perform or improper performance of the functions assigned to them by job descriptions;

7.1.2. Failure to comply with or violation of the requirements and norms of the current legislation in the preparation and execution of documents;

7.1.3. Reliability of reporting data, information and other materials prepared by the secretariat and submitted to the Management of the Organization and / or the management of the structural divisions of the Organization;

7.1.4. Loss and damage of files and documents;

7.1.5. Failure to comply with the storage conditions of cases and documents;

7.1.6. Loss and damage of seals and stamps.

7.2. The head of the secretariat is responsible for:

7.2.1. For failure to perform or improper performance of the functions and duties assigned to him;

7.2.2. Rational placement of secretariat employees and organization of their work;

7.2.3. Organization of professional development of employees of the secretariat;

7.2.4. State labor discipline in the secretariat;

7.2.5. Compliance with the rules of internal labor regulations, labor protection and safety by employees of the secretariat.

• to understand who is doing what in the workplace (analysis);
• to explain to employees what they should do and where are the limits of their competencies, rights and responsibilities (management);
• to control the current activities of the organization (control);
• for evaluation (and self-evaluation) of employees' activities and subsequent decision-making on training, relocation, rewards and penalties (incentives and career management of employees);
• for the selection of candidates (attraction of employees);
• to protect employees, the employer and the organization as a whole (security);
• to maintain a positive corporate culture.

As you can see, all stages of the classical management cycle, to one degree or another, require the information contained in the PP and DI. So, if the organization is to be managed, then these fundamental documents must be in order.

It also follows from this that the PP and DI of an organization should form an internally consistent system, while the totality of employment contracts does not imply such a system.

PP and DI are the law not only for the employee, but also for the employer, and therefore must comply with the requirements of the current Russian legislation and protect the legitimate interests of both parties. In this regard, the passion for the "managerial" aspect of these documents to the detriment of the legal one can lead to negative consequences. What in terms of theories general management or personnel management should be reflected in the characteristics of workplaces or departments, will not always be appropriate in PP or DI from the point of view of legal requirements. Therefore, the structure, form, content and individual wordings in the PP and DI should be verified from the point of view of the law, and possible legal conflicts related to the interpretation of the provisions of these documents should be assessed in advance.

What can be relied upon when developing regulations on divisions and job descriptions?

The legislation of the Russian Federation (including labor legislation) does not directly define exhaustive requirements for the content of these documents. In Art. 5 Labor Code The Russian Federation noted that labor relations and other directly related relations, in addition to regulatory legal acts, are also regulated collective agreements, agreements and local regulations containing labor law norms. At the same time, nowhere in the code is disclosed at least an approximate list of such local regulations. But due to the tradition that developed back in Soviet times, they are understood to mean, among other things, DI and PP, as evidenced by the letters below from the federal departments regulating labor relations.

In a letter Federal Service on labor and employment dated October 31, 2007 No. 4412-6 “On the procedure for amending the job descriptions of employees” we read:

“Despite the fact that the Labor Code does not contain a mention of a job description, it is important document, the content of which is not only the labor function of the employee, the range of duties, the limits of responsibility, but also the qualification requirements for the position held.
Since the procedure for compiling instructions is not regulated by regulatory legal acts, the employer independently decides how to issue it and make changes to it.

Rostrud, however, warns:

“The job description is necessary both in the interests of the employer and the employee. Thus, the absence of a job description in some cases prevents the employer from exercising a justified refusal to hire (since it may contain additional requirements related to business qualities employee), objectively assess the employee's performance during the probationary period, distribute labor functions among employees, temporarily transfer an employee to another job, evaluate the conscientiousness and completeness of the employee's performance of a labor function.
In itself, the absence of a job description should not be regarded as a violation of labor legislation and entail liability, however, it can have negative consequences in the form of illegal decisions by the employer due to its absence.”

Nevertheless, in judicial practice, references to PP and DI in assessing the actions of the employer and employee are widely used. So, in accordance with paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 (as amended of September 28, 2010) “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”,

“... non-performance by an employee without good reasons is a failure to perform labor duties or improper performance due to the fault of the employee of the labor duties assigned to him (violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules etc.)."

Some requirements for the content of the DI are established by clause 4 of the "General Provisions" section of the Qualification Handbook for the Positions of Managers, Specialists and Other Employees (approved by Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37 with subsequent changes):

“Qualification characteristics (given in the specified reference book - author) at enterprises, institutions and organizations can be used as regulatory documents of direct action or serve as the basis for the development of internal organizational and administrative documents - job descriptions containing a specific list of job responsibilities of employees, taking into account the specifics organization of production, labor and management, as well as their rights and responsibilities.

The same directory contains recommended lists of job responsibilities, knowledge requirements and qualifications of workers in certain positions. The scope of rights and responsibilities, as well as a number of other important characteristics of a particular position in a non-governmental organization, is not established by law even at the level of recommendations. This is understandable: “features of the organization of production, labor and management” affect. In addition, the organization has the right to form positions based on its own business logic. Therefore, in some cases, the relevant documents must be developed independently or some samples should be used.

The Internet is replete with samples of PP and DI, a significant part of which is written on the basis of the Qualification Handbook, while a smaller part is free creativity. Upon closer examination, it turns out that for other positions there are no samples at all, for others - the samples are not at all about that, for the third - the samples contain funny or dangerous errors. For example:

Director (general director, manager) of the enterprise
Organizes the work and effective interaction of all structural divisions, workshops and production units, directs their activities towards the development and improvement of production, taking into account social and market priorities, increasing the efficiency of the enterprise, increasing production volumes and increasing profits, quality and competitiveness of products, its compliance with world standards in order to conquer the domestic and overseas market and meeting the needs of the population in the relevant types of domestic products.
Organizes production and economic activities on the basis of the wide use of the latest technology and technology, progressive forms of management and organization of labor, scientifically based standards of material, financial and labor costs, market research and best practices (domestic and foreign) in order to improve the technical level in every possible way and the quality of products (services), the economic efficiency of its production, the rational use of production reserves and the economical use of all types of resources.

This is, so to speak, the late Soviet baroque, remade in accordance with rather primitive ideas about market economy. Incidentally, this is an exact reproduction of the corresponding section from .

Director of Development
Develops methods for prompt response to crisis and non-standard situations that can lead to disruption of the enterprise development plan, other adverse consequences for the enterprise.

It's just an unfortunate reading ambiguity. And the following should be considered a more serious error:

Director of Development
Appoints employees responsible for the implementation of projects, gives general instructions, directly supervises them and coordinates their activities.

"Appointed" by order, orders are issued by the General Director - this is indicated in the Charter of the organization. So this wording, which means the actual excess of authority, is a direct violation of the Charter. However, the author of the job description does not stop there, boldly imputing the duties of the director for the development of the functions of the founders (cf. Article 33 of the Federal Law "On Limited Liability Companies"):

Defines the general concept of the enterprise development policy.

"The general concept of politics" in itself sounds pretty good. However, the authors of job descriptions like the words “general”, “implement”, etc.:

“General management of the contractual work and general control over its implementation is carried out by the Managing Director of the Company or another authorized person.”

And here is just a matryoshka puzzle (again from): guess what the head of the planning and economic department is working for:

Manage the work of economic planning at the enterprise, aimed at organizing a rational economic activity, in accordance with the needs of the market and the possibilities of obtaining the necessary resources, the identification and use of production reserves in order to achieve the greatest efficiency of the enterprise.

Samples of the above-mentioned "free creativity", posted on various Internet sites, also cause smiles, embarrassment, bewilderment and fear:

Store administrator:
The store administrator bears collective financial responsibility for the safety of goods in the store.

Beauty salon administrator
Takes measures to prevent and eliminate conflict situations.

Head hunter:
[Has the right] to demand from the customer the provision of organizational and technical conditions and execution of the established documents necessary to fulfill the terms of the contract for the search and engagement of highly qualified specialists.

So, the available samples should be used with great care. Suddenly, they will read and get a grasp of what is written? This means that the developer of PP and DI authorized by the employer must be well aware of the purpose of all the “cogs” and other details from which these documents are assembled. This knowledge will be all the more important when developing documents for non-standard units or positions.

A number of articles are devoted to the theory and practice of writing PP and DI (, , , , , , , , , , ). Unfortunately, some of them contain deliberately incorrect statements (see below). The most complete and verified source on this issue it is worth recognizing the series of books by L.V. Trukhanovich and D.L. Shchura “Personnel of the enterprise”, “Personnel of the organization”, among which we note, as well as the book.

In view of the seriousness of the subject, let's start with a small digression, which the impatient reader may skip.

Around the position on the division and job description

A bit of philosophy: PP and DI as alpha and omega ...

Alpha - because the candidate for the organization's employees will better determine his place in it if he first familiarizes himself with the scope of his duties or if he offers the employer his vision of this place. One way or another, the subject of discussion at the interview will be the composition of the functions of the employee and the balance of rights and responsibilities that ensures their implementation.

Omega - because PP and DI are the crown of a serious process called "organizational design": first, management objects are determined, then methods and functions, then processes, then the necessary roles of process participants, and only in conclusion positions are formed from roles, and from positions - divisions. Thus, the set of tasks and functions of departments, duties, rights and responsibilities of positions is formed only when the activities of the organization are presented in sufficient detail (cf.,).

We emphasize that DI should be distinguished from work (operational) instructions that describe the sequence of actions at a given workplace when performing a particular function, as well as methodological instructions that describe work methods, regardless of the position of the performer.

Strictly speaking, PP and DI will be incorrect until the entire described logical chain is worked out. However, by a lucky chance (or as a result of evolutionary selection) quite stable ideas about the complexes of functions that are traditionally entrusted to a subdivision or an employee of a certain profile have developed. Everyone understands perfectly well what an accountant, lawyer, chief mechanic, production and technical or design and technology departments do. Industry specifics begin to seriously affect when it comes to the functional load of workers or employees and lower-level specialists. But already the functions of employees of logistics departments are less dependent on the industry sector of the enterprise, and the functions of financial, economic, legal, personnel services practically do not depend on it.

This circumstance makes it possible to speak of “models” for PP and DI of top management employees or employees of auxiliary and support units.

A bit of history

The Institute of PP and DI originates from the idea of ​​the division of labor. Since, in addition to managerial PP and DI, they perform legal function, their development is due to the development of the struggle of workers (and the response of employers) for their rights.

In 1960 - 1980 in the USSR, PP and DI were one of the mandatory documents in the labor administration system. This extensive system was based on a clear definition of the range of functional responsibilities for various professions and positions, the list of which was unified for the whole country, labor rationing and the definition tariff rates and official salaries (as well as various correction factors). Therefore, any change in the nomenclature of professions and positions, in their functional duties led to a change in a significant array of regulatory data across the country.

In the early 1990s, PR and CI remained mandatory only in the system of state bodies and organizations. The leaders of private companies considered the development of PP and DI to be an inappropriate exercise, since the business environment changed (and continues to change today) at a much faster pace than is required to “hatch”, develop and implement meaningful and truly working documents.

In the 2000s, with the consolidation of private business, the growing participation of the state in the regulation of labor relations, the development judicial practice in area labor disputes the need for PP and DI began to increase. However, due to changes in the organizational and technical conditions of work, the emergence of completely new professions and positions, direct transfer of functions, norms, and pay levels from the Soviet past turned out to be impossible. The repetition of the feat of the Soviet Trudoviks is currently not possible, and it is not advisable, since private business must determine for himself the most effective "rules of the game", including the optimal "layout" of positions. Therefore, in recent times national rules for the development of PP and DI have been updated and re-approved for a rather limited range of positions of civil servants. already mentioned Qualification guide, updated quite regularly ( latest edition dated March 14, 2011 at the time of writing) should be considered more of a legacy of the Soviet era.

An attempt to transfer to domestic soil foreign practice development of PP and DI encounters differences in the legal consequences of certain formulations.

Currently, there are more or less well-established ideas about the form and content of PP and DI, which, using the terminology of the Civil Code of the Russian Federation, can be attributed to the “customs business turnover". It is most likely not worth expecting the definition of requirements for PP and DI at the level of federal legislation in the near future.

A bit of geography

The foreign analogue of our JD - job description (hereinafter - JD) - is a less formalized, but more capacious document (, ).

The JD format corresponds to the CI format:

• Job Title - job title;
• Job Location - the place of the position in the organizational and territorial structure organizations;
• Reporting To - subordination, accountability;
• Job Summary - the main tasks of the position (no more than two sentences);
• Job Duties and Responsibilities - duties and areas of responsibility of the position (from 8 to 16);
• Education and qualification - requirements for the level of knowledge and the availability of relevant documents;
• Skills and specifications - requirements for skills.

Firstly, JD compilers are advised to indicate no more than 8 (for lower-level employees) - 16 (for senior-level employees) job responsibilities. If there are 25 or more functions in the JD, then such a document is “reclassified” into a work instruction. Domestic samples can contain both 30 and 40 functions - and this is for top-level employees! On closer examination, it turns out that most of these functions are control functions. This means that functions (together with rights and responsibilities) are not actually delegated to subordinates. Either it indicates that the author of the DI was unable to separate the main functions from the secondary ones or was inclined to prefer the process to the result (that's how the idea of ​​process management can be distorted!).

Second, in describing functions, JD pays more attention to the results (or, more precisely, the requirements for results) of the worker's activities than to the ways in which these results are achieved. Let's pay attention to the fact that this is another manifestation of real delegation: the subordinate is free in terms of the choice of means, but is obliged to provide the result required by the leader. It is interesting to note that compilers are not recommended to formulate in the JD the goals of the employee's activity (neither in quantitative, nor even in qualitative terms), since it is believed that if the employee performs his duties as a standard, then the goals of the organization are automatically achieved.

Thirdly, JD pays more attention to the requirements for the level of knowledge and skills of the employee than to the description of his activities. Which is not surprising, since the employee is paid for results and abilities, and not for his activity as such.

Fourthly, JDs turn out to be “easier” than domestic DIs, since they widely use references to other local regulations of the organization (methodologies, regulations, work instructions, etc.). The use of such normative hypertexts is facilitated by the fact that they are presented in in electronic format, and by reference you can always find the desired position of a document. For us, in most cases, the matter is complicated by the fact that there are simply no local regulations of various levels in the organization, or it is technically impossible to provide computer access to their array, taking into account mutual references.

All this together shows once again how carefully foreign managers track the balance between the complexity (and, consequently, the cost) of the work and the qualifications (knowledge and skills) of the worker performing them.

To adopt from foreign practice, you need the following:

• real, not imaginary delegation of functions;
• increased attention to the knowledge and skills of the employee holding this position;
• concreteness and brevity of the wording of both the requirements for the results of activities and the areas of responsibility of the employee.

A bit of jurisprudence

With all the everyday simplicity of the concepts of "function", "duty", "right", "authority", "responsibility", the legal community is still discussing the subtleties of their content.

For example, some make a distinction between rights and powers, believing that rights are granted to an employee to access company resources (something, someone), and powers are a special kind of rights associated with managerial functions and decision-making.

Some propose to invest in the concept of "responsibility" not mandatory application certain sanctions against the guilty violator of established norms (which is usually reflected in wordings such as: “responsible for failure to comply with the direct supervisor’s instructions”), but “such an aspect of social ties and relations of people that characterize the process of exercising granted rights, fulfilling assigned duties, based on the choice behavior and its assessment, taking into account the interests of society” (which can be expressed in the words: “is responsible for the full and timely implementation of instructions directly from the head”). As you can see, different points of view lead to different verbal descriptions of one, in fact, phenomenon. Others oppose the identification of legal responsibility with moral or legal duty,.

The life of a PP and DI developer is also hampered by the lack of clarity at the legislative level of a number of widely used terms. These, for example, include the terms "instruction" and "instruction" - even in relation to the President of the Russian Federation.

Therefore, in practice, confusion is often observed, expressed in the fact that duties are written into rights, among the functions one can find the wording “responsible for ...”, etc. Understanding that all this is the essence of the manifestation of the ambiguity of the interpretation of the basic concepts, for practical work on PP and DI one should choose (and, preferably, set out in the appropriate document) one option.

A bit of taxation

DI may be the basis for reducing the organization's income by the amount of certain expenses incurred by the organization in connection with the provision of the employee's activities in the performance of labor functions specified in his DI. Such expenses may include, for example, the employee's transportation costs, cellular services, tuition fees.

The DI developer must take into account tax aspects when preparing the document and coordinate them with the accountant.

A bit of quality control

PP and DI are important elements of a set of documents describing a quality management system in the style of ISO 9000. Although, as always, the standard does not define the need, form and content of such documents.

If the quality management system documentation provides for PP and DI, then they will be subject to the rules for managing documents (in terms of form, content, as well as the procedure for developing, putting into effect, making changes and additions, and canceling) adopted by the organization for management system documents quality.

For whom are PP and DI developed?

The current legislation of the Russian Federation provides for the mandatory preparation of PP and DD only for employees of a certain profile (municipal employees, certain categories of civil servants, employees of customs authorities, certain categories of personnel educational institutions, private security guards). For other categories of employees, a detailed description of their labor function, rights and obligations within the framework of labor relations can be included directly in the employment contract. In this case, the preparation of a job description is not required. So, the organization itself determines the feasibility of developing PP and DI.

An organization may decide to use PR and CI for all or part of the positions. In the latter case, the duties, rights and responsibilities of the employee must be determined by the employment contract. How wide should be the range of departments and positions whose activities are regulated by the PR and DI, and how detailed these documents should be, is a subject of a separate discussion. It must be borne in mind that both the absence and excessiveness of local regulations entail unnecessary costs for managing the organization.

DI are developed for employees belonging to the categories of managers, specialists and employees in accordance with the organizational structure and staffing of the organization.

A similar document is being developed for workers, which, however, is not called a job description, but also does not have a well-established name. It is undesirable to use the names “work instruction”, “production instruction”, since they are already used for documents describing the procedure and / or specific methods of work at one or more workplaces, for example: “ Working instruction on control and approval, organization of distribution, archiving, procedure for making changes" or "Production instruction for the operation of grounding devices of electrical installations". Name " qualification characteristic” is all the more inappropriate, since it is used and unambiguously interpreted in.

However, the Letter of the Federal Service for Labor and Employment No. 6234-T3 dated November 24, 2008 recommends:

“... in order to determine the content of the labor function performed by employees filling certain positions, job descriptions should be drawn up and approved, and in order to determine the content of the labor function performed by workers hired by the professions of workers, production (by profession) instructions should be developed and approved. We believe that in legal reference systems it is possible to use different names of instructions in relation to categories of workers.

Article 57 of the Labor Code of the Russian Federation establishes:

“If, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books, approved in the manner established by the Government of the Russian Federation”.

According to Article 143 of the Labor Code of the Russian Federation,

"Pricing of works and assignment tariff categories employees are made taking into account the unified tariff-qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees.

Thus, when establishing the names of positions and compiling the corresponding DIs, one should check with the legislation, including with reference books and classifiers,,, as well as with the releases of the Unified Tariff and Qualification Reference Book of Works and Professions of Workers (ETKS) according to various industries economy. For example, the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298 / P-22 approved a list of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day. Consequently, the employer is obliged to determine in the employment contracts of all employees (and, accordingly, in job descriptions) who perform the relevant labor functions, the names of professions and positions in accordance with the qualification reference books.

Often the question arises about the need for CI for the CEO, as well as members of management bodies joint-stock company or limited liability companies. Since the procedure for appointment, subordination, functions, rights and responsibilities of these persons is determined by the relevant federal laws, the Charter of the organization and employment contracts, there is no direct need to develop a DI for these persons.

For executive/managing directors of organizations in which the powers of the sole executive body are transferred to the management company, as well as employees who are directly subordinate to the board of directors or the general meeting of shareholders (participants), DI should be developed. These DIs should take into account the peculiarities of labor relations with the heads of organizations.

For all employees, it is necessary to delimit the areas of labor relations regulated by the PP and DI and the employment contract. So, for example, the provision on the obligation to dismiss for certain reasons (including at one's own request) is not the subject of DI, since it does not apply to the employee's labor function.

Structure of PP and DI

The current legislation of the Russian Federation does not define requirements for the structure of PP and DI. Thus, the organization is free to determine such requirements. Therefore, in practice, PP and DI are very diverse in their structure.

You can, however, highlight the minimum "core" of each document:

Regulations on the structural unit

1. General provisions
2. Main tasks
3. Functions
4. Structure
5. Interaction

Job description

1. General provisions
2. Job Responsibilities
3. Rights
4. Interaction
5. Responsibility

In some cases, the PP includes sections “Rights” and “Responsibility”, describing in them the rights and responsibilities of the head of the unit. Sometimes some "general" rights and responsibilities of the unit are formulated.

In our opinion, the first is inappropriate, since it is appropriate to set out the rights and responsibilities of the head of the unit in his CI. The second seems incorrect, since the implementation of the right is determined by the will of the subject, and if we are talking about a unit as a whole, then the mechanism for the formation and expression of this collective will must be determined, and if we are talking about the totality individual workers subdivisions, then, as a rule, not all of them actually have the same rights; in addition, the employee, as a rule, bears personal responsibility, and therefore the composition of his job duties and rights must also be determined personally.

Form PP and DI

PP and DI forms are recommended to be developed in accordance with GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for the execution of documents ”(put into effect by the Decree of the State Standard of Russia dated 03.03.2003 No. 65-st) .

Mandatory details of the PP and DI are: the name of the organization, the name of the type of approval document, its date and number, place of compilation, stamp of approval. They are placed at the beginning of the body of the document.

The signatures of the persons approving the PP and DD projects are placed either at the end of the text of the document, or on a separate approval sheet, the details of which must unambiguously determine which document was approved.

At the end of the text of the PP or DI or on a separate familiarization sheet, employees put their signatures on familiarization with the document and receiving a copy of it in their hands.

In this section, we will consider in detail the content of the PP. For definiteness, we will assume that this document is being developed for a joint-stock company or a limited liability company (in the examples of wording, the organization will be referred to as the "Company"). An approximate form of the PP is given in Appendix 1 to the article.

Section 1. "General Provisions"

1.1. The full and abbreviated name of the structural subdivision (hereinafter referred to as the Subdivisions) is given.

1.2. It is indicated to which employee of the Company the Subdivision is directly subordinate.

This paragraph reveals the principle of unity of command in relation to the Division in question.

The department can:

• be an independent structural unit of the Company and report directly to the General Director of the Company (for example: security service, legal department, secretariat);
• report directly to any employee of the Company (for example: the production and technical department reports directly to the production director or the logistics department reports directly to the logistics director);
• be part of a structural unit and report directly to the head of this unit (for example: the personnel settlements department is part of the accounting department and reports directly to the chief accountant).

A unit that performs internal audit functions or other similar control functions may be directly subordinated to general meeting shareholders (participants) or the Board of Directors.

1.3. The order of creation and disbandment of the Unit is described.

Here you can limit yourself to the following wording: "The division is created and disbanded in accordance with the organizational structure and staffing of the Company, in the manner determined by the current legislation of the Russian Federation."

For units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors, it is necessary to indicate: “in agreement with the General Meeting of Shareholders (Participants) (Board of Directors)”.

1.4. The full title of the position of the head of the Unit is indicated. The full titles of the positions of the operational, methodological or other heads of the Unit (if any) are indicated.

The Head of the Division is an employee of the Division who manages its day-to-day activities. The competence of the Head of the Unit is determined by his DI.

The methodological head of the Division is an employee of the Company or a third-party organization (for example, a management company) who is not the immediate or superior direct head of the structural division or employee of the Company, but in the manner established by the Company gives the structural division or employee of the Company binding instructions, explanations, other documents (including, model documents) concerning the methods and means of carrying out activities by a structural unit or employee.

The superior direct supervisor is not indicated as a methodological one, since his instructions, both on current activities and on a methodological nature, are transmitted to the employees of the Unit along the “management vertical” through the Head of the Unit.

Methodological guidance is possible with a matrix organizational structure. Perhaps (in rare cases) the presence of several methodological leaders. Another common situation is methodological guidance from the corporate center (management company). For example, Chief Accountant of the organization reports directly to the managing director, and the methodological management of his activities is carried out by the head of the department of methodology of accounting and tax accounting management company.

Operational Head of the Division - an employee of the Company who promptly coordinates the activities of the Division and some other divisions and / or employees, gives the Division binding instructions regarding the operational activities of the Division. For example, under the operational supervision of the head of a remote site, there may be a transport support unit located on the territory of this site, reporting directly to the director of logistics. The head of the section gives tasks to the unit, determines the arrangement of vehicles, etc., however, he is not entitled to give instructions regarding working methods, give proposals on the staffing of the unit without the consent of the logistics director, etc.

If there is a methodological or operational guidance, a local normative act is necessary, which would define the rules of behavior for an employee in the event that the direct supervisor's instructions contradict the instructions of the methodological or operational supervisor. If the direct, methodological and operational supervisors of the employee did not agree on their instructions, then the decision should be made by the employee who is directly subordinate to all these managers (as a rule, the general director).

1.5. The procedure for replacing the position of the head of the Unit in case of his absence is indicated.

It is indicated:
a specific position of an employee replacing the head of the Unit (for example: deputy, one of the heads of subordinate units), or
appointment of an employee replacing the head of the Division, by order (instruction) of the General Director of the Company.

1.6. Lists the normative acts by which the employees of the Division are guided in their activities.

Usually instructions are given for:

• current legislation of the Russian Federation;
• sectoral regulatory and methodological documents on the profile of the activities of the Division (if possible, specific documents are indicated);
• Charter of the Company (for units that are required to be guided by the Charter (for example: legal department, internal audit service);
• Decisions of the General Meeting of Participants (Shareholders) (Board of Directors) (for units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors);
• Regulations on the Division;
• collective agreement;
• orders and instructions of the General Director of the Company;
• instructions of the immediate supervisor, operational and methodological supervisors (if any);
• internal labor regulations of the Company;
• other local regulations of the Company.

Depending on the nature of the activities of the Division, the following are indicated:
regulations on labor protection and industrial safety, rules and norms of labor protection, industrial sanitation, fire protection, environmental safety.

The above list of normative acts can be expanded.

1.7. The operating mode of the Unit is determined.

You can limit yourself to the wording: “The mode of operation of the Unit is determined in accordance with the Internal Labor Regulations established in the Company” if such rules exist.

1.8. The procedure for approval and entry into force of the PP, amendments and additions to it is determined.

As a rule, “The present Regulations, amendments and additions to it are approved and put into effect by the order of the General Director of the Company”, but for units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors, it is necessary to indicate: “in agreement with the General Meeting of Shareholders ( participants) (by the Board of Directors). It is expedient to describe in more detail the software life cycle (including from the initiation of changes to their implementation) in a separate local regulatory act.

Section 2. "Main tasks"

The Main Tasks section indicates the main tasks of the Unit.

The task statement should briefly describe the result, the achievement of which is aimed at the activities of the Division and the requirements for which are determined either from outside the Company (by current legislation, control and supervision bodies, customers, etc.), or by other structural divisions of the Company.

For example:

• Provision of well workover services in accordance with customer requirements.
• Ensuring the operability of the Company's equipment.
• Planning and control of the economic efficiency of the Company's activities.
• Ensuring compliance with the legality of the Company's activities, legal protection his legitimate interests.
• Support for the Company's employees in terms of using communication facilities, hardware and software Society.
• Organization and maintenance of accounting and tax records, preparation of accounting and tax reporting in accordance with the requirements of the current legislation of the Russian Federation.
• Monitoring compliance in the Company with the requirements of the current legislation of the Russian Federation, internal regulations and requirements of customers in the field of labor protection, industrial safety, security environment, security traffic.
• Full and timely satisfaction of the needs of the structural divisions of the Company in inventory items.
• Optimization of the Company's costs for the purchase, maintenance of stocks and other logistics processes of the Company.

The tasks of the structural subdivisions must be coordinated with each other and collectively subordinate to the main goals of the Company, as they are defined in the Charter of the Company or other internal documents.

The tasks of the Unit should be formulated in such a way that the functions of the Unit given in the "Functions" section follow logically from the tasks set. To do this, it is recommended to use the same phrases.

The tasks and functions of the Division must comply with the current legislation of the Russian Federation. In particular, it is unacceptable to include tasks and functions in their composition, the implementation of which requires mandatory licensing, if the organization does not have the appropriate licenses.

Section 3 "Functions"

The "Functions" section lists the functions performed by the Unit and aimed at solving the tasks assigned to it, listed in the "Main Tasks" section.

The description of the function should briefly describe the activities of the employee of the Division or the Division as a whole, leading to a certain result, the requirements for which are determined either from outside the Company (current legislation, control and supervision bodies, customers, etc.) or other structural divisions of the Company.

The description of the function of the Unit begins with the verb: “develops…”, “conducts…”, “organizes…”, “participates in…”, “monitors…”, “controls…”, etc. Wherein:

• “Organizes…” means: attracts and coordinates the actions of the structural divisions and/or employees of the Company to perform any actions (works, events, projects, etc.).
• “Participates in …” means: performs a certain part of the actions (works, events, projects, etc.) on the instructions of the immediate supervisor or authorized organizer together with other structural divisions and / or employees of the Company.
• "Provides..." - means: supplies (provides) certain resources to perform any actions (works, events, projects, etc.) or performs any actions to obtain any results.
• “Takes into account…” means: collects and summarizes information on the results or progress of any actions (works, activities, projects, etc.) performed within the Company in the prescribed manner; checks its reliability, consistency and relevance.
• “Monitoring…” means: collecting and processing information about the state or actions of objects or subjects external to the Company.
• "Controls..." - means: compares the actually obtained (or intermediate) results of the implementation of any actions (works, events, projects, etc.) within the Company with the planned and / or defined by the relevant regulatory act, tasks, criteria, etc. (the wording indicates which ones specifically) and performs (or initiates) actions aimed at minimizing the identified deviations.

For example:

• Monitors the market transport services in the regions of the Company's production activities.
• Develops strategic plans development of the Company in the field of transportation services.
• Provides methodological assistance to the Company's employees in preparing production and investment plans.
• Organizes the approval of documents by the Company's employees in accordance with local regulations governing the Company's document flow, as well as in accordance with the instructions of the General Director.
• Participates in the development of draft local regulations of the Company on issues related to the competence of the Division.
• Takes into account incoming cash, inventory and fixed assets.
• Controls execution production program in accordance with the requirements of customers.
• Analyzes financial results activities of the Company and participates in the development of measures to increase profitability, reduce costs, increase the economic efficiency of the Company.

In the description of the function, it is not allowed to use indefinite qualitative adjectives, for example: “ensures correct operation”, “provides high-quality services”. In such cases, it is recommended to indicate the requirements (and/or normative document - the source of requirements) that the result of the function must meet, for example: “ensures operation in accordance with the manufacturer’s operating manual”, “provides services in accordance with customer requirements”. In the case when the source of the rules or requirements is clear from the context, it is allowed to use the wording: “in due course”, “of good quality”.

The description of the functions in the PP and DI must be exhaustive, that is, all actions that may be required from the Unit or its employee must be described. Therefore, it is necessary to systematize the described functions in some way. For example, you can list functions in the following order:

• functions in the field of development of normative documents for other structural divisions;
• functions in the field of methodological guidance;
• functions in the field of monitoring and forecasting;
• functions in the field of planning, development (sections) of the budget, investment projects;
• functions in the field of operational management;
• other functions performed by the Division independently;
• other functions performed by the Division jointly with other structural divisions of the Company;
• functions in the field of supervision of contracts (if they are not defined in other local regulations of the Company);
• functions in the field of accounting and reporting;
• functions in the field of control over the activities of other employees or structural divisions of the Company;
• functions in the field of analysis, development and implementation of measures for the development of the Company.

It is possible to enumerate the functions in the order that reflects the logic and / or chronological sequence of the work of the unit, the life cycle of the main control objects of the Unit. One way or another, but the way of listing functions should be convenient both for the compiler (for completeness checks) and for the reader of the document.

The formulations of functions can be based on the formulations given in .

At the same time, the list of functions should not suffer from redundancy and excessive detail. The conditions and procedure for performing individual functions should be set out in other local regulations - regulations, methodological and work instructions, especially since in some cases the specific actions of the performer largely depend on the context.

Section 4. "Structure"

The “Structure” section indicates which structural units the Division consists of, lists the employees of the Company who are directly subordinate to the head of the Division; or it is indicated that "The structure and staffing of the Division are determined by the current organizational structure and staffing of the Company." The first is more convenient because from the PP you can understand what the resources of the Unit are. The second is more convenient because it allows you not to re-approve the PP when changing the organizational structure and / or staffing.

Section 5. "Interaction"

The section "Interaction" describes the information exchange of the Division with other structural divisions of the Company or persons, bodies and organizations external to the Company.

If the information exchange is not defined by other local regulations of the Company, then structural subdivisions and persons, bodies and organizations external to the Company are listed, indicating in which areas or under what activities interaction takes place, what specific information is received or transmitted.

For example:

The Human Resources Department interacts with:

• Supervisory organizations for activities related to the organization and labor protection;
• the Pension Fund of the Russian Federation and the statistical authorities of the Russian Federation for the preparation and submission of established reporting;
• trade unions to monitor compliance with labor laws and other regulations containing labor law, organization, regulation and remuneration;
• counterparties - performers of works and services related to staffing.

It is possible to describe interactions in tabular form.

However, a detailed description of the interactions makes the PP heavier and deprives it of flexibility when changing the composition and/or even the titles of the documents transmitted during the exchange of information.

If the information exchange is defined by other local regulations of the Company (for example, the document flow regulations), then the short wording is used:

"The department interacts:

5.1. With employees of structural and separate divisions of the Company - in the manner prescribed by the local regulations of the Company.

5.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation.

In the latter case, it is understood that the employee performs his representative functions on the basis of a power of attorney issued to him in the prescribed manner, or on other legal grounds.

In this section, we will consider in detail the content of CI for managers, professionals and employees. For definiteness, we continue to assume that this document is being developed for a joint-stock company or a limited liability company (in the examples of wording, the organization will be referred to as the "Company"). An approximate form of DI is given in Appendix 2 to the article.

Section 1. "General Provisions"

1.1. The full and abbreviated name of the position of the employee of the Company (hereinafter referred to as the Employee) is given.

1.3. The full title of the position of the immediate supervisor of the Employee is indicated. The full titles of the positions of the operational, methodological or other managers of the Employee (if any) are indicated.

See the comment to paragraph 1.4 of the PP.

Sometimes this part of the CI lists employees and structural units that are directly subordinate, under the operational or methodological guidance of this employee. This information appears to be redundant as it is contained in the organization's organizational structure and staffing table to be approved.

1.4. Describes the procedure for hiring and dismissal of the Employee.

As a rule, “An employee is hired and dismissed by the General Director of the Company in accordance with the procedure established by the current labor legislation of the Russian Federation upon submission ... (indicated if necessary) in agreement with ... (indicated if necessary).”

1.5. The procedure for replacing the Employee in case of his absence is indicated:

See the commentary to paragraph 1.5 of the PP.

1.6. The requirements for education, qualifications or the availability of special knowledge, permits, permits, certificates, as well as the work experience of the Employee are indicated.

The requirements given in can be taken as a basis. Requirements should not be discriminatory (Article 3 of the Labor Code of the Russian Federation).

1.7. Lists the normative acts by which the Employee is guided in his activities.

See the commentary to paragraph 1.6 of the PP.

1.8. Lists the knowledge that the Employee should have.

Knowledge is usually given:

• the current legislation of the Russian Federation and industry regulations on the profile of the employee's activity;
• local regulations of the Company on the profile of the employee's activity;
• structure of the Company, tasks and functions of its structural divisions;
• rules and regulations of labor protection.

Depending on the nature of the employee's activity, knowledge is indicated:

• development strategies of the Company (for top managers of the Company or for positions that have the right to access such information) - if the strategy of the Company is documented and properly approved;
• operating principles computer technology, communications and communications - if the work involves the use of such means;
• etc.

The above list of knowledge can be expanded. As a basis, the requirements for the knowledge of the employee given in.

Note that the this section CI knowledge should be documented and properly validated. The fact that the candidate has the required knowledge when applying for a job is confirmed by the presentation of the relevant certificates, certificates, certificates, etc. An employee's knowledge can be verified both by authorized third-party organizations (for example, centers of excellence), and by internal audits, tests (the procedure for such audits should be established by the organization's local regulations).

1.9. The work mode of the Employee is determined. Reference may be made to the Internal Labor Regulations. Features of the mode of operation, including the need for business trips, may be indicated in this paragraph.

1.10. The procedure for approval and implementation of the DI, amendments and additions to it is determined.

As a rule, “This Job Description, amendments and additions to it are approved and put into effect by the order of the General Director of the Company”, but for units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors, it is necessary to indicate: “in agreement with the General Meeting of Shareholders (participants) (by the Board of Directors).

Section 2. "Responsibilities"

It is advisable to single out two subsections in this section, the first of which includes specific duties (functions) performed by the employee holding this position, and the second includes duties common to all (or certain groups) of employees.

For the heads of structural divisions, the following functions are additionally included:

Supervises the employees of the Company and the structural subdivisions of the Company that are directly subordinate to him.

"Heads ..." - means: determines the tasks for the participants to perform any actions (works, events, projects, etc.); coordinates their activities; controls the achievement of the required and intermediate results; submits proposals (representations) for appointment, relocation, dismissal, promotion, imposition for consideration by the General Director of the Company disciplinary action on subordinate workers. Participates in the development of the organizational structure, staffing, forms of remuneration of the structural divisions of the Company, which are directly subordinate to him.

For employees who provide methodological guidance to other employees, the DI should indicate what exactly the methodological guidance consists of. For example:

Organizes the development of a set of document formats for the purposes of planning and reporting on the current, financial and investment activities of the Company's business units. Provides methodological assistance to the heads of structural divisions of the Company, heads of working groups in performing calculations, expert analysis of calculations of the economic efficiency of their proposed projects and solutions.

Similarly, the content of the operational manual and other types of manual should be detailed.

It is advisable to include in the employee's functions his participation in certain commissions, committees, councils, expert and working groups, etc., especially if the Company does not provide for a separate remuneration of the employee for participation in the work of these bodies.

The functions given in the DI of the employee of the unit must correspond to the functions of this unit, enshrined in the PP. This means that the employee performs either the entire function specified in the PP, or part of it, or performs an internal function for the unit (it may not be specified in the PP) necessary to perform the functions of the unit.

For convenience, the developer can compile a "responsibility matrix" of the unit - a table that lists the functions of the unit (in rows) and the positions of the employees of the unit (in columns), and at the intersection of the row and column indicates the role of this employee in the performance of this function: initiates, organizes, participates, provides, performs independently, controls, etc. (See the commentary to section 3 of the PP). If necessary, the description of the function should indicate with what regularity this function is performed: at a given frequency, at the direction of the manager, or when other specific events occur.

It is important to note that DI should “work” not only in a normal situation, but also in an emergency situation. It is recommended that in the CI the employee be given the right to make a decision on the situation himself or he is obliged to immediately report to the immediate supervisor about emergency situation. The number of functions given in the DI should not be too large. The optimal number varies from 10 for lower level posts to 20 for top level posts. Otherwise, the document ceases to be perceived and, therefore, becomes inoperative. In order to comply with this recommendation, the developer is recommended to:

• combine some functions (to a reasonable extent);
• specify the requirements for the result, and not for the processes leading to it (it is formulated as: “to ensure such and such a state of the control object”);
• reconsider the “vertical” distribution of functions between the manager and subordinates, seniors and juniors, delegating certain functions (along with rights and responsibilities) “from top to bottom” to a reasonable extent;
• reconsider the “horizontal” distribution of functions between subcontractors within the framework of a single process (a rational division of functions is characterized by the fact that the employee is responsible for performing a logically completed process, obtaining a product (or semi-finished product) with certain qualities that allow independent verification; in this case, DI from the description of actions you can go to the description of the requirements for the results);
• set out detailed descriptions in other local regulations (regulations, methodological and work instructions).

It is important to keep in mind that the composition of the functions must correspond to the base salary of the employee. The base salary of employees with identical IDs should be the same (cf. Art. 22 of the Labor Code of the Russian Federation).

Subsection 2.2

In the second part of the section, it is advisable to include duties common to all (or for certain groups) employees. Some of these obligations are already formulated in Art. 21. Labor Code of the Russian Federation, and therefore there is no need to repeat it in the DI. It is advisable to indicate the following responsibilities:

2.2. The employee undertakes:

2.2.1. Follow the instructions of the immediate supervisor, operational supervisor, methodological supervisors (if any).

If an employee, in the performance of his duties, must comply with the requirements established by the regulatory enactments of third parties (for example, customers), then these requirements should be indicated in this subsection. For example:

2.2.5. Comply with requirements corporate standards of the Company's customers in terms of health, safety, environmental protection and road safety when using vehicles to fulfill contracts concluded with customers.

It is worth recalling that in this case, the employer must familiarize the employee with such regulations.

In some organizations, the CI format involves the indication of parameters by which the performance of an employee is measured in a particular function, or the establishment of specific target values ​​for such parameters, or norms / standards for the performance of functions. For example, you can find the distribution of working time (in percent) between the functions performed by the employee. In our opinion, this indication is incorrect, because:

• there may be functions that are performed irregularly for which it will be difficult to estimate the norm, or functions that are performed in emergency cases - by laying on them a non-zero percentage of the time, we agree that emergencies will take place;
• it is not clear how to take into account the actual distribution of time (and this will have to be done, since the planned indicators are indicated);
• the legal consequences of deviations of actual indicators (random or systematic) from the established indicators are not clear.

Is the employee entitled, for example, to demand any compensation if the time spent on the performance of a certain function is exceeded by 1%? After all, the employer, approving the DI in this form, in fact, undertakes to comply with the established norms. Or vice versa, should the employee be sanctioned because he exceeded the norm for performing one function to the detriment of another? A deviation of 1% for a working day is forgivable, but for a week or a month?...

Specifying any fixed values ​​of the parameters also deprives the DI of flexibility, since it forces them to re-approve them when the established norms change.

Section 3 "Rights"

The "Rights" section lists the employee's rights, that is, the employee's statutory opportunities to act in a certain way or demand certain actions from other employees of the Company. The employee is empowered to perform his job duties. The employer ensures the implementation by the employee of his rights (Article 22 of the Labor Code of the Russian Federation). O

The basic rights of an employee are formulated in Art. 21 of the Labor Code of the Russian Federation, so there is no need to repeat them in the DI. The specific rights of an employee should be conditioned by his official duties. Rights to information exchange related to the performance of official duties, each employee has:

In some versions of the CI samples (for example, c), as part of the rights to information interaction, there is the following wording: "To get acquainted with the draft decisions of the Company's management regarding its activities, the activities of the headed unit (for heads of units)". However, accepting such a formulation, we fall into the same collision as with "conferences". A “draft decision” is a very indefinite object: it can exist orally, in the form of numerous options passing through different instances. It is far from physically possible with every such option, and it is hardly advisable to acquaint the employee at his request. Therefore, two mechanisms can be used:

1. the employee gets acquainted with the decision made without fail (Articles 22, 68 of the Labor Code of the Russian Federation), signing the familiarization sheet to the order, order or other administrative document, and in case of disagreement with it, has the right to appeal against it, using the right to protect their labor rights, freedoms and legitimate interests in all ways not prohibited by law (Article 21 of the Labor Code of the Russian Federation);
2. taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations (the procedure is established by articles 372, 373 of the Labor Code of the Russian Federation; see also paragraphs 23, 24).

Depending on the functions performed, an employee may be vested with the following rights - Represent the Company in other organizations in accordance with the established procedure within its competence.

Usually, the scope of rights associated with such a representation is determined by the power of attorney issued to the employee. Basic rights are associated with decision-making, disposal of production resources:

• Initiate any actions (works, events, projects, etc.).
• Approve and coordinate documents within its competence (it is necessary to indicate specific types of documents).
• Suspend the performance of any actions (works, projects, activities, etc.) in the event of deviations from the requirements established for their implementation (it is necessary to specify the controlled area of ​​activity, types of functions, projects, activities, groups of employees, organizations, etc.) P.).
• Do not allow workers, equipment to work (it is necessary to specify which ones and under what circumstances).
• Dispose of the material and in cash(and/or other resources of the Company - to be specified) within its competence.

For employees of departments internal control- Carry out inspections of certain employees, divisions and/or in certain areas of the Company's activities (it is necessary to indicate specific types and grounds for inspections).

The right of “horizontal interaction” is important - Involve employees of the Company’s structural divisions for joint work as part of the performance of their duties in consultation with their immediate supervisors.

Heads of divisions are usually vested with the right - To submit proposals (representations) for consideration by the General Director of the Company on the appointment, relocation, dismissal, promotion and imposition of disciplinary sanctions on employees of the headed division.

The next “right of appeal” should guarantee the employee that his rights are respected by the Company - Apply to the immediate supervisor for assistance in exercising the rights provided for by the DI, if they are limited by other employees of the Company.

The list of employee rights can be expanded.

When granting rights to employees, it is worth remembering that the employer must ensure their implementation. For example, when granting an employee the right to “undergo retraining (retraining) and advanced training,” the employer must provide this right with an appropriate budget or provide for other mechanisms for exercising this right. Declaring the right “to advance in the service (the right to career growth)”, it is also necessary to introduce the free desire of the employee into the legal channel, expressed in a formalized system of internal assessments, inspections, training, competitions, etc.

An employee may be granted some rights conditionally, namely: one or another action can be performed with the consent of another specific employee (as a rule, the direct, operational or methodological leader or the head of the unit to which the employee applies), or upon the occurrence of other specific events, or within certain limits. In such cases, the wording of the law contains the words: “in agreement with ...”, “during such and such a period ...”, “in the event of ...”, “within the budget ...”, “within its competence ...”, etc. . The presence of consent (including the compliance of the decision made with the established conditions or limits) is confirmed by the approval visa of the relevant employee on a document reflecting the planned or performed action.

Often you can find an unfortunate mixture of job duties and employee rights. A simple rule for determining the differences between them is as follows: the duty must be performed regardless of the will of the worker, while the right can be used or not used by the worker at his discretion.

There is a feature regarding the managerial rights of the employee in relation to other employees, specified in: if a discrepancy in the quality of the product is established, the shipment must be suspended; suspension of shipment - the right or duty of the head of the quality control department? If only the right, then the boss can either use it or not use it; if only an obligation, then the question arises on the basis of what right the chief suspends the shipment. In such cases, it is recommended to include administrative actions as part of the rights, but in the “Responsibility” section indicate that the employee is liable for “failure to use or incomplete use of his rights” or (broader wording) for “causing material damage to the Company by his actions or inaction” .

Perhaps here it is worth making a distinction between rights and powers, believing that the employee can use the right or not use it at his own discretion, and authority is a kind of duty within the framework of which the employee has the right to act at his own discretion in one way or another, but which must be carried out regardless of the will of the employee. From this point of view, in the previous example, "control quality with the ability to suspend shipments" can be considered as the authority of the head of the quality control department, without additionally including "the ability to suspend shipments" in the rights. In the same way, if an employee is authorized to conclude contracts for the supply of an organization with the possibility of choosing a counterparty, then he is obliged as a result to conclude necessary contract, but the choice of the counterparty will be determined by him independently; again, a separate right to choose in the “Rights” section does not need to be repeated, and the already mentioned wording from the “Responsibility” section should protect against abuse.

Section 4. "Interaction"

The "Interaction" section describes the information exchange of an employee with other structural divisions and employees of the Company or persons, bodies and organizations external to the Company. The requirements for the description of interaction are similar to the above requirements for the description of the interaction of structural units.

Section 5. "Responsibility"

The section "Responsibility" describes the responsibility of the employee for failure to perform or improper performance of his duties, violation of general obligations. The responsibility of the employee must balance his rights. In turn, the rights and responsibilities of the employee must be determined by his official duties. An employee may be brought to disciplinary, material, civil, administrative or criminal liability. In the first two cases, the employer can do this; in the rest - competent authorities in accordance with the current legislation of the Russian Federation. The current legislation of the Russian Federation does not establish other types of responsibility, therefore it is completely incorrect to talk about "financial, functional, organizational and managerial" responsibility, as is done, for example, in.

As a rule, the responsibility of the employee is personal. In some cases, according to Art. 245 of the Labor Code of the Russian Federation, a collective (brigade) material liability.

The responsibility of an employee holding a certain position can be established not only by the DI, but also by other local regulations of the Company, for example, regulations, regulations, etc. Therefore, it is advisable to indicate in the JI only the standard provisions on liability.

5.1.2. Failure to comply with the rules of labor regulations, orders and instructions for the Company, other local regulations of the Company.

5.1.3. Failure to comply with the instructions of the immediate supervisor, operational and methodological supervisors (if any).

5.1.4. Offenses committed in the course of carrying out their activities.

5.1.5. Causing by their actions or inaction of material damage to the Company.

5.1.6. Failure to ensure the safety of documents and information entrusted to him.

5.1.7. Disclosure of information constituting trade secret Society.

5.1.8. Failure to comply with the rules of labor protection, safety, industrial sanitation, fire safety, environmental protection, traffic safety (specified depending on the nature of the Employee's activity, cf. clause 1.7 of the CI).

For managers or other positions, it is advisable to indicate the responsibility for participating in the business of other legal entities or enterprises whose interests may conflict with the legitimate interests of the employer. You can do this, for example, in this way:

5.1.9. For lack of written information:

The section "Responsibility" ends with the following provision:

Responsibility arises as a consequence of violation of certain norms. Therefore, "the employee is responsible for non-performance ..., non-compliance, ... non-compliance, etc." It is impossible to write “responsible for the smooth operation ...”, “... for the complete and timely execution ...”, or “... for quality and timeliness” (cf.) is not allowed.

It is important that the requirements, the violation of which entails the responsibility of the employee, are sufficiently precisely formulated in the regulatory documents (external or internal). Otherwise, it will be problematic for the employer to prove the fact of violation of these requirements. Therefore, when a CI refers, for example, to liability for poor-quality, untimely performance by an employee of certain duties, the requirements for quality and timeliness should be indicated directly in the DI or a reference to another regulatory document (operational rules, state or industry standards, provisions of contracts and etc.).

About document language

The reader must have noticed, and a professional developer of local regulations knows that the language used when writing PP and DI differs not only from the spoken, but also from the literary Russian language. The main difference is the greater formality, which is akin to the formality of the languages ​​of logic, mathematics, programming or jurisprudence. This difference should not be interpreted as "clerical", since the goals of writing PP, DI and other local regulations are a clear and precise statement of the rules of the organization, as well as ensuring an unambiguous interpretation of these rules in case of conflicts and disputes.

1. The wording must be concise, clear and not allow for different interpretations, comply with the orthographic norms of the Russian language.

In practice, when writing a document, to achieve brevity and clarity, you should set a “limit” on the number of sentences or lines for describing, say, functions. At the same time, descriptions for lower-level positions should be as short as possible (1 - 2 lines). Otherwise, the descriptions must either be broken up or combined with a more general but concise formulation.

“Suggestions” to the employee should be avoided by repeatedly repeating the same position in the PP or DI - the opposite effect can be achieved. Therefore, having formed a draft document, it is necessary to remove wordings that are repeated in meaning from it.

The clarity of the wording contributes to its stylistic consistency. Do not use redundant phrases that do not differ in meaning from the corresponding verb. For example, instead of “keeps records”, “takes part”, “carries out control”, “carries out work”, you should simply write “takes into account”, “participates”, “controls”, “performs”.

So, instead of a wordy wording: it controls the work on the implementation of equipment maintenance. It's better to write: oversees equipment maintenance.

In the formulations describing the processes, the qualitative characteristics of these processes are unlikely to be appropriate. So, in the wording from the administrator's DI trading floor- Supervises the smooth operation of commercial equipment. The word "uninterrupted" is clearly superfluous: if the work is uninterrupted, then why control it? Non-compliance of the work of the equipment under control with certain requirements is a reason for holding the employee liable. Therefore, "continuity", as well as other qualities of the result of the controlled process, are among the provisions describing the responsibility of the employee. Thus, the correct short formulation of the function description is: Controls the operation of commercial equipment.

An extended version of this wording is as follows: controls the operation of commercial equipment, all preventive maintenance of commercial equipment, and in case of failure, takes measures to immediately correct the equipment and preserve products.

2. The texts of documents should use (unified) terminology, either established by the relevant regulations, or in line with established practice in a particular subject area. It is not allowed to use different terms to refer to the same concept.

For example, in the wording of the duties of the head of the logistics department - together with the director of the Company's supply plans the need for inventory in the context of the business units of the enterprise; controls the execution of contracts for the supply of materials and equipment. The last rule is violated twice: “Society” and “enterprise”, as well as “MTR” (material and technical resource) and “Inventory and Materials” (commodity and material value), in this context are obviously synonyms, therefore it is more correct to choose one option in each case - together with the Company's Procurement Director, plans the need for goods and materials in the context of the Company's business units; controls the execution of contracts for the supply of goods and materials.

Another common mistake: an employee of an organization is called in the same text “employee”, “employee”, “official”. In the PP, DI and other local regulations in relation to a person who is in an employment relationship with an organization, the term “employee” should be used, as used in the Labor Code of the Russian Federation.

The wording looks inconsistent with the prevailing word usage - it uses methods of material and moral incentives. Since in the practice of personnel management the concept of "material and non-material incentives" is used. In order to avoid such mistakes in the development of documents, it is necessary to use various kinds of dictionaries of terms (for example, similar publications) or to involve specialized specialists - at least at the stage of editing a draft document. It is highly desirable that the terminology in all local regulations of the organization be the same. To ensure this requirement, the organization must adopt (and maintain in the prescribed manner) an official glossary of terms (glossary); at the very least, the development team should create such a dictionary for themselves.

3. In the texts of documents, it is not allowed to use vague (with vague requirements, with an vague result, not limited in time, space, etc.) or declarative formulations.

Violations of this requirement (together with violations of spelling and punctuation rules) are the most numerous in practice. The cost of uncertainty can be very high.

It is to avoid ambiguity that documents use overloaded (in terms of neutral or colloquial style) language. When formulating any provision of the document (procedure, requirement for the state of something, etc.), it is necessary to trace whether all the essential features of the object or process are described; whether it is indicated directly in the wording, in its immediate "environment" or other context, by whom, how, at what time and in what place the given action should be performed or the given object should be presented.

For example, in the wording from the workshop dispatcher's DI - to report an accident, incident, accident, fire in the workshop to one of the leaders of the Company. Not defined: the term of the message, the addressee of the message, the form and method of documenting the message. It should be stated in such a wording - immediately orally inform the head of the shop or the employee of the Company, his replacement, as well as (within 24 hours) the head of the HSE service about the accident, incident, accident, fire that occurred in the shop; record the specified fact in the dispatch log until the end of the shift.

As an option, the above extended wording can be included in the document regulating the rules of conduct in case of incidents, but only in this case, the original wording with the addition: "in due course" can be allowed in the controller's DI.

The wording from the DI of the director for the operation of transport is to know ... the current legislation of the Russian Federation. From a formal point of view, it is correct, but practically impracticable, especially since it meant much less extensive and, most importantly, really necessary knowledge - Know ... the current legislation of the Russian Federation, industry regulations in the field of transport and road infrastructure.

Or even - Know ... the charter of road transport, regulatory documents for road transport, the rules for organizing passenger transportation on road transport, rules and requirements for the transportation of bulky and heavy, dangerous goods.

As already noted, unacceptable from the point of view of the requirement of certainty is, for example, the formulation - analyzes production activities... If the purpose of the analysis is not indicated in any way. It will sound much more productive - develops proposals for the General Director of the Company to improve the quality of services provided by the Company based on an analysis of the results of production activities.

Similarly, one should not abuse words and phrases that are not very intelligible, such as “efficiency”, “issue resolution”, etc. For example, the wording sounds very ambiguous - the store administrator resolves issues with the bank regarding the time of collection of proceeds, payment for collection services.

The provision we have already cited from the DI of the managing director organizes production and economic activities based on the widespread use of the latest technology and technology, progressive forms of management and organization of labor, scientifically based standards for material, financial and labor costs, studying market conditions and best practices (domestic and foreign) in order to improve the technical level and quality of products (services). Due to its declarative nature, it can raise many questions when evaluating performance and determining the remuneration of the managing director: was the latest technology widely used, how progressive were the applied forms of management, did the technical level of products increase in every possible way or in fragments, is it worth considering scientifically substantiated approved by the managing director the rate of labor costs for the repair of oilfield equipment, if developed financial director with a PhD in rocket science? In order to avoid misunderstandings, wording of this kind should be disposed of.

One of the criteria for the certainty of the wording is the possibility of objective verification (evaluation) of its implementation or non-fulfillment. Obviously, it is precisely this criterion that word combinations such as: “contributes in every possible way”, “steadily increases”, “progressive”, “newest”, etc., do not correspond to this criterion. On the other hand, when the document speaks of, say, “full and timely satisfaction of requests from departments for material and technical resources”, and the internal regulations of the organization contain benchmarks for measuring this “completeness” and “timeliness” (indicators of the type of service level and time to satisfy the application) and their target values, then such a wording will sound quite definite.

Note, however, that once the wording has become sufficiently defined, the designer should simplify it as much as possible.

4. Abbreviations, auxiliary or conditional terms that are not generally accepted, as well as short names are first given in the text in full, after which the desired abbreviation is indicated in brackets after the word “hereinafter -” or “hereinafter in this section -”.

For example: logistics department (hereinafter - OMTO); mechanical, including lifting, and power equipment, pressure equipment, electrical, gas and heating network Companies, as well as the upper equipment of the Company's special vehicles (hereinafter in this Job Description - Objects).

5. Rules for writing the names of departments and positions should be established.

It is convenient to write them (not at the beginning of a sentence) with a small letter, for example: Department of Economics and Finance, Legal Department, Engineering and Technology Service, Chief Engineer, Chief Mechanic Department, Business Development Director, Head of the Consolidated Department financial statements, Chief Power Engineer, System Administrator.

However, exceptions are made for the names of the highest management bodies (usually collegiate) and the positions of the top managers of the organization, for example: General Meeting of Participants, Board of Directors, Audit Committee, Technical Council, President, Vice President, Chairman of the Board, General Director, Managing Director director. In this case, it is necessary to establish a rule for writing derivative names, for example: Chairman of the Board of Directors, Chairman of the Audit Committee, First Vice President, First Deputy General Director, Deputy General Director for Economics and Finance, Secretary of the Managing Director, Secretary of the Technical Council.

It is necessary to ensure that the names of departments and positions are written in the same way in the organizational structure (chart), staffing, PP, DI and other local regulations, in correspondence, etc.

On the organization of the development of PP and DI

The most economical way seems to be the following way of developing PP and DI (cf. , ).

The General Director formulates tasks for the main blocks of the enterprise's activity (sales, production, supply, auxiliary and support units); further, the leaders of the blocks formulate the goals of the departments, after which the top managers jointly check the completeness and consistency of the formulated tasks. At this stage, the expediency of the existence of units and the correctness of determining the boundaries between them are also analyzed.

Further, the heads of departments transform the tasks of their departments into the functions of their departments and their employees. After agreeing on the functions for each position, rights, responsibilities are determined, interactions and qualification requirements are described. Uniformity and consistency of the entire complex of PP and DI and, more broadly, the entire complex of local regulations of the organization should be ensured by the participation in their development of an employee of the personnel department or the labor organization department, and in the presence of specialized divisions (for example, the department of an integrated management system or corporate technologies, etc.) n.) - employees of these departments. PP and DI templates must be preliminarily agreed with the legal department of the enterprise.

Editorial work should be undertaken by one of the permanent members working group for the development of PP and DI, at the same time ensuring the unity of the style of documents. The aesthetic aspect in the preparation of local regulations is no less important than the content aspect. The elegance of the wording makes it possible to avoid reworking the PP and DI when the “rules of the game” change, in particular, when new functions are changed or appear. PP and DI are coordinated, as a rule, with the heads of the personnel department, the department of labor organization and wages, the legal department, the immediate supervisor of the unit or employee, the operational, methodological heads of the unit or employee (if any).

PP and DI are approved by the general director of the organization or a person endowed with the relevant rights by issuing an appropriate order. PP and DD must be approved no later than the expected date of the first admission or transfer to work of employees in a unit or position.

The original of the approved PP, together with the approval sheet after registration, is transferred for storage to the personnel department. Copies of the approved PP are transferred to the department of labor and wages, the head of the unit. The original of the approved ID, together with the approval sheet after registration, is transferred for storage to the personnel department. Copies of the approved DD are transferred to the department of labor and wages, the head of the unit whose staff includes the position described in the DD, and employees holding the position.

The head of the division, within a period of not more than five working days after the approval of the PP or DI, acquaints the employees of the unit with the PP or DI and gives them their copies of the PP or DI against signature on the familiarization sheet. The original of the familiarization sheet is transferred for storage to the personnel department. Newly hired employees of the subdivision, when hiring, must be familiarized with the current PP and DI against signature in the familiarization sheet.

Making additions or changes to the PP and DI is mandatory when:

• changing the structure of the organization, including resubordination of divisions or positions, changing the names of divisions or positions;
• changing tasks, functions of departments;
• changing functions, rights, responsibilities, qualification requirements, employee interactions;
• other changes in the organization of work, reflected in the sections of the PP or DI.

Additions, changes to the PP and DI are made by order of the general director of the organization or a person endowed with the relevant rights. By a similar order, the previous version of the document is canceled (considered invalid) and a new one is approved. To ensure the unity of the methodological approach and facilitate the work of developers - specialists of departments, it is recommended to introduce and use methodological instructions for the development of PP and DI. This instruction should include: a glossary of terms, basic requirements for documents, standard wording and document templates, the procedure for developing, agreeing, approving and storing PP and DD, the procedure for familiarizing employees of the organization with approved PP and DD, the conditions and procedure for making changes and additions to PP and DI.

The latter is important in order to resolve conflicts related to the need to change the functions of an employee. The procedure should link changes to both the CI and the employment contract with the employee. Besides, in methodological instruction the concepts used in PP and DI can be described in detail, for example: methodological guidance, operational subordination, descriptions of the roles of performers, etc. This will make the PP and DI more compact and more correct.

Applications

Without claiming to be an absolute truth, for the convenience of the reader, we provide templates for PP and DI in the appendix. Each organization can and should develop its own PP and DI templates, without deviating from the proposed recommendations.

In the PP and DI templates, the following are highlighted:

• underlining- places in the text where specific names, functions, etc. must be indicated;
• in italics- places in the text where you need to select one of the proposed options;
• [square brackets] – comments that must be deleted after the formation of the text of the document.

Annex 1. Template of the regulation on the structural unit

1. GENERAL PROVISIONS

1.1. This Regulation determines the procedure for creating and disbanding, subordination, the legal framework for activities, tasks and functions, interaction department name(hereinafter referred to as the Division) Name of company(hereinafter referred to as the Company). Abbreviated name of the Division – …

1.2. The subdivision is an independent structural subdivision of the Company and reports directly to the General Director of the Company[or] reports directly [or] is part of name of the higher department and reports directly job title of direct manager.

1.3. The division is created and disbanded in accordance with the organizational structure and staffing of the Company, in the manner determined by the current legislation of the Russian Federation.

1.4. The department is directly led by Job title(hereinafter referred to as the Head of the Department). Operational / methodological management of the activities of the Unit is carried out job titles [in the presence of operational or methodological leaders].

1.5. During the absence of the Head of the Department, his duties are performed by Job title[or] employee of the Company appointed by order of the General Director of the Company.

1.6. In the performance of its functions, the Division is guided by:

1.6.1. the current legislation of the Russian Federation;

1.6.2. industry regulatory and methodological documents in the field …

1.6.3. Society Charter[for units that are required to monitor compliance with the Charter];

1.6.4. [for units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors];

1.6.5. this Regulation;

1.6.6. collective agreement;

1.6.7. orders and instructions of the General Director of the Company, instructions of the immediate supervisor, [if any];

1.6.8. internal labor regulations of the Company;

1.6.9. other local regulations of the Company;

1.6.10. normative acts on labor protection and industrial safety, rules and norms of labor protection, industrial sanitation, fire protection, environmental safety [to be specified depending on the nature of the activities of the Division].

1.7. The operating mode of the Division is determined in accordance with the Internal Labor Regulations established in the Company.

1.8. These Regulations, amendments and additions to it are approved and put into effect by the order of the General Director of the Company

2. MAIN TASKS

The main tasks of the Division are:

2.1. Task 1.

2.2. Task 2.

3. FUNCTIONS

To perform the tasks specified in paragraph 3 of these Regulations, the Division is entrusted with the following functions:

3.1. …

3.2. …

3.3. …

3.4. …

3.5. …

[Other functions performed by the Division independently].

3.6. …

[Other functions performed by the Division jointly with other structural divisions of the Company].

3.7. …

[Functions in the field of supervising contracts (indicate the types of supervised contracts), (if they are not defined in other local regulations of the Company)].

3.8. …

[Functions in the field of accounting and reporting].

3.9. …

3.10. …

3.11. …

4. STRUCTURE OF THE UNIT

4.1. The structure and staffing of the Division are determined by the current organizational structure and staffing of the Company.

5. INTERACTION

The division interacts:

5.1. With employees of the Company's subdivisions - in the manner prescribed by the Company's local regulations.

5.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation. [If there is such an interaction.]

5.3. …

Annex 2. Job description template

1. GENERAL PROVISIONS

1.1. This Job Description defines subordination, the regulatory framework for activities, job duties, interaction, rights and responsibilities, as well as qualification requirements Job title(hereinafter referred to as the Employee) Name of company(hereinafter referred to as the Company). Abbreviated job title – … [specified if necessary].

1.2. The worker belongs to the category managers / specialists / employees.

1.3. The employee reports directly job title of direct manager. Operational / methodological management of the Employee's activities is carried out by job titles [in the presence of operational or methodological leaders].

1.4. The employee is hired and dismissed by the General Director of the Company in accordance with the procedure established by the current labor legislation of the Russian Federation on submission Job title [specified if necessary] in agreement with job titles [specified if necessary].

1.5. During the absence of the Employee, his duties are performed by Job title[or] an employee appointed by the order of the General Director of the Company.

1.6. A person who has higher/secondary/secondary specialized/professional education and work experience … positions of at least … years.

1.7. The employee in the performance of official duties is guided by:

1.7.1. the current legislation of the Russian Federation;

1.7.2. industry regulatory and methodological documents in the field … [specify subject area];

1.7.3. Society Charter[for positions that are required to monitor compliance with the Charter];

1.7.4. Decisions of the General Meeting of Participants (Shareholders) (Board of Directors)[for positions reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors];

1.7.5. Regulations on department name and this Job Description;

1.7.6. orders and instructions of the General Director of the Company, instructions of the immediate supervisor, operational, methodological leaders[if any];

1.7.7. internal labor regulations of the Company;

1.7.8. other local regulations of the Company;

1.7.9. normative acts on labor protection and industrial safety, rules and norms of industrial sanitation, fire protection, environmental safety, road safety [specified depending on the nature of the Employee's activity].

1.8. The employee must know:

1.8.1. the current legislation of the Russian Federation and industry regulations in the field … [specify subject area];

1.8.2. … [list special knowledge];

1.8.3. the Company's development strategy [indicated for senior managers or for positions that have the right to access such information, if the Company's strategy is documented];

1.8.4. structure of the Company, tasks and functions of its divisions;

1.8.5. the basics of the operation of computer equipment, communications and communication [indicated depending on the nature of the Employee's activity];

1.8.6. labor protection rules and regulations.

1.9. The work schedule of the Employee is determined in accordance with the Internal Labor Regulations established by the Company.

1.10. This Job Description, changes and additions to it are approved and put into effect by the order of the General Director of the Company as agreed with the General Meeting of Shareholders (Participants) (Board of Directors)[for units reporting directly to the General Meeting of Shareholders (Participants) or the Board of Directors].

2. JOB RESPONSIBILITIES

2.1. The employee performs the following job responsibilities: [For the heads of departments, the main functions that meet the tasks of the head of the employee's department (according to the Regulations on the department) are listed first].

2.1.1. …

[Functions in the field of development of normative documentation for other divisions].

2.1.2. …

[Functions in the field of methodological guidance].

2.1.3. …

[Functions in the field of monitoring and forecasting].

2.1.4. …

[Functions in the field of planning, development (sections) of the budget, investment projects].

2.1.5. …

[Functions in the field of operational management].

2.1.6. …

[Other functions performed by the Employee independently].

2.1.7. …

[Other functions performed by the Employee jointly with other Employees or structural divisions of the Company].

2.1.8. …

[Functions in the field of supervising contracts (indicate the types of supervised contracts), if they are not defined in other local regulations of the Company].

2.1.9. …

[Functions in the field of accounting and reporting].

2.1.10. …

[Functions in the field of monitoring the activities of other employees or departments (for compliance with certain (specify which) tasks, requirements, standards, etc.)].

2.1.11. …

[Functions in the field of analysis, development and implementation of measures for the development of the Company].

2.1.12. …

[For department heads - management functions]

2.1.13. Coordinates the work of the Company's structural subdivisions that are directly subordinate to him.

2.1.14. Participates in the development of the organizational structure, staffing, forms of remuneration of the structural divisions of the Company, which are directly subordinate to him.

2.2. The employee undertakes:

2.2.1. Follow instructions from immediate supervisor operational manager, methodical managers[if available].

2.2.2. Fulfill the obligations and requirements established by the Company's local regulations.

2.2.3. Ensure the safety of the documents entrusted to him.

2.2.4. Do not disclose information that has become known to him due to the nature of his activity, related to the commercial secret of the Company.

3. RIGHTS

The employee has the right:

3.1. Attend meetings, meetings, meetings [to be specified] on issues related to its activities, activity of the headed unit[for department heads].

3.2. Request and receive from the employees of the structural divisions of the Company information and documents necessary for the performance of their duties in the manner prescribed by the relevant local regulations of the Company.

3.3. Represent the Company in accordance with the established procedure in other organizations on issues within its competence.

3.4. Initiate … [to be specified].

3.5. agree …

3.6. Approve … [you need to specify specific types of documents].

3.7. Suspend execution … in the event of deviations from the requirements established for their fulfillment revealed during the control [it is necessary to specify the controlled area of ​​activity, types of functions, projects, activities, groups of employees, organizations, etc.].

3.8. Not allowed to work … [it is necessary to specify in case of non-observance of what conditions this right is realized].

3.9. Dispose of the material and monetary funds entrusted to him [and/or other resources of the Company - to be specified] within his competence.

3.10. Submit for consideration by the immediate supervisor proposals for improving the work related to the duties provided for in this Job Description.

3.11. Engage employees of the structural divisions of the Company for joint work within the framework of the performance of their official duties in agreement with their immediate supervisors.

3.12. Contact the immediate supervisor for assistance in exercising the rights provided for by this Job Description, if they are limited by other employees of the Company.

3.13. Submit proposals (representations) for the consideration of the General Director of the Company on the appointment, transfer, dismissal, encouragement and imposition of penalties on employees of the headed unit [for heads of units].

4. INTERACTION

The employee interacts

4.1. With employees of structural and separate divisions of the Company - in the manner prescribed by the local regulations of the Company.

4.2. With third parties - in the manner prescribed by the current legislation of the Russian Federation [if such interaction exists].

4.3. … [specify other interactions].

5. RESPONSIBILITY

5.1. The employee is responsible, within the limits determined by the current legislation of the Russian Federation, for:

5.1.1. Failure to perform (improper performance) of the duties assigned to him, provided for by this Job Description.

5.1.2. Failure to comply with the internal labor regulations, orders and instructions for the Company, other local regulations of the Company.

5.1.3. Offenses committed in the course of carrying out their activities.

5.1.4. Causing by their actions or inaction of material damage to the Company.

5.1.5. Failure to ensure the safety of documents and information entrusted to him.

5.1.6. Disclosure of information constituting official and commercial secrets of the Company.

5.1.7. Failure to comply with the instructions of the immediate supervisor, operational and methodological leaders[shown if available].

5.1.8. Failure to comply with the rules of labor protection, safety, industrial sanitation, fire safety, environmental protection, traffic safety [indicated depending on the nature of the Employee's activity, cf. 1.7.9 CI].

5.1.9. [for department heads] In the absence of written information:

5.1.9.1. on the ownership by the Employee (or his spouse, parents, children, full or half brothers and sisters, adoptive parents or adopted children) of shares (interests, shares) in legal entities (this obligation does not apply to the ownership of non-controlling stakes in companies, listed on the Moscow, New York or London stock exchanges);

5.1.9.2. on direct or indirect employment or interest, participation in any form or capacity (as a lessor, customer, agent, consultant, employee or otherwise) in the business of a person who:

• is a counterparty of the Company, a counterparty of a subsidiary and/or affiliate of the Company; or
• negotiates the conclusion of an agreement with the Company, its subsidiaries and/or affiliates; or
• acts as a party to legal proceedings involving the Company, its subsidiary and/or affiliated person; or
• implements the same project with the Company, its subsidiaries and/or affiliates;
• if the specified ownership or employment or interest creates for the Employee a situation of real or potential conflict of his interests with the legitimate interests of the Company.

5.2. Failure by the Employee to comply with the requirements of this Job Description may be grounds for termination employment contract with him.

Annex 3. Varieties of leadership

Literature

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2. http://www.samplejobdescriptions.org.

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According to W. Eco, ethics begins when the Other comes on the scene.

The provisions on representative offices, branches and separate subdivisions differ in form and content from the provisions on the structural unit and are not considered in this article.

For these purposes, “position profiles”, “professiograms”, other documents that have the status of working or analytical are suitable.

The types of guidance are described in Appendix 3.

When concretizing, it is necessary to avoid a broad interpretation of the concept of "meeting", since any operational discussion of issues by a group of persons consisting of two or more people can be classified as such. You can limit the range of meetings, indicating, for example, that meetings with a pre-circulated agenda are considered, following which minutes should be drawn up, or that we are talking about regular meetings (planning meetings, conference calls, etc.).

For the effective functioning of the division of the enterprise, a clear designation of areas of responsibility, functions performed. organizations apply special documents - Regulations on subdivisions. Such a document is compiled for the enterprise and its divisions both independently and using standard samples. The regulation on the division determines:

the procedure for creating a unit;

the role and place of the unit in the organizational structure. its legal status;

the structure of this unit, the composition of positions in it;

the main tasks and functions performed by the unit in the organization;

the rights and obligations of the unit;

the degree of interaction of the unit with other structural elements of the organization and the external environment.

This document is drawn up in 2 or more copies, stored in the organization permanently, may change due to changes in the activities of the enterprise. A document is drawn up by a human resources specialist together with the head of the unit with the approval of senior management.

In accordance with the tasks that the Regulations on the division perform, this document most often has the following structure.

1. GENERAL PROVISIONS - the place of the unit in the structure and the degree of its subordination to the top management of the enterprise are determined; the approximate structure of the unit and the possibilities, status and subordination of its head are determined.

2. TASKS OF THE DIVISION - includes the widest possible list of tasks to be solved within the framework of the activities of the unit (at least 8)

3. FUNCTIONS OF THE DEPARTMENT - the widest possible list of functions of the unit is determined, allowing to solve the above tasks (3-4 functions per 1 task)

4. INTERACTION OF THE DEPARTMENT WITH OTHER SUBDIVISIONS OF THE ENTERPRISE - other departments and services of the enterprise are listed with information and other resources provided by these services to each other

5. RIGHTS OF THE UNIT - the rights that allow you to perform the specified functions are indicated. up to the imposition of disciplinary sanctions on employees of this and other departments.

6. RESPONSIBILITY OF THE DIVISION - reflects the completeness and degree of responsibility of the head and employees of the department within the framework of job descriptions

Regulations on the department are agreed with the top management of the enterprise. the head of the department gets acquainted with him under the signature.

The direct head of the department is primarily interested in developing up-to-date job descriptions. This is especially true for situations where changes in the activities of the enterprise are significant or it is necessary to design the activities of a new service. Then the director himself should develop job descriptions with the involvement of the leading specialists of the unit.

Another common option for compiling job descriptions is the independent development of instructions by an employee (a description of their job responsibilities and the procedure for interacting with other specialists). The head checks the text and makes the necessary changes, in his opinion. This approach gives a qualitative result if job descriptions are developed for the existing unit for the first time and the task is to fix the situation "as is".