Job description what should be in it. What is a job description

Anastasia Morgunova, Director of the Department of Tax Consulting, Internet Accounting "My Business"

Labor law does not oblige all employers to develop job descriptions. However, in practice, many organizations and entrepreneurs have already appreciated the benefits of such instructions. This document becomes especially relevant in the event of a labor dispute. If you need to prove that the employee did not fulfill his labor obligations, it is necessary to provide the court with a clear list of them. With this role, the job description copes as well as possible.

Job description performs the following tasks:

Establishment of qualification requirements for a certain position, work performed (education, work experience, availability special training etc.);

Definition official duties employee (scope of duties, scope of work, areas for which the employee is responsible, etc.);

Establish limits on employee liability.

When is a job description required?

For certain categories of employees, in accordance with the law, the employer is obliged to draw up job descriptions. For example, this applies to:

Medical workers (clause 1, part 2, article 73 federal law No. 323-FZ of November 21, 2011);

Private security guards (Part 2, Clause 1, Part 3, Article 12.1 of the Law of the Russian Federation No. 2487-1 of March 11, 1992, Order of the Ministry of Internal Affairs of Russia No. 960 of August 22, 2011);

Employees involved in the processes of production, storage, transportation, sale and disposal of milk and products of its processing (clause 2, article 23 of Federal Law No. 88-FZ of June 12, 2008);

Employees of pharmaceutical organizations, leading retail medicines(clause 9.8 OST 91500.05.0007-2003).

If the obligation to draw up job descriptions is provided for by regulatory documents, in the absence of instructions, the employer may be held liable for violation of labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For other employees, the legislation does not provide for the obligation to draw up a job description. But it is advisable to draw up and approve it, especially if the employment contract with the employee does not disclose his labor function, but only indicates the name of the position, profession, specialty (paragraph 3, part 2, article 57 Labor Code Russian Federation, letter of Rostrud No. 6234-TZ dated November 24, 2008). It is possible to draw up job descriptions for all positions provided for by the staffing table, including vacant ones. For specialist positions (for example, accountant, engineer, lawyer), job descriptions must be drawn up and approved. And for the professions of workers (for example, driver, electric and gas welder, loader) - instructions for the profession ( manufacturing instructions). However, it is not forbidden to call instructions for the profession also official.

Sample instructions for various positions and professions can be found at www.moedelo.org. Based on them, it is easy to develop own instructions, adding, if necessary, the specifics of the work of a particular organization or industry.

Commentary: - By general rule the absence of job descriptions in the organization is not regarded as a violation of labor legislation and does not entail liability. However, some employer decisions without job descriptions may be considered illegal. For example, refusing to hire job seekers due to their non-compliance with qualification requirements in the absence of these requirements themselves, which, as a rule, are contained in the job description. This is confirmed, for example, by the letter of Rostrud No. 3042-6-0 dated August 9, 2007. With permission labor disputes on the dismissal of an employee due to an unsatisfactory test result, the courts, as a rule, require the submission of a job description, as well as evidence of familiarization of the employee with it during employment. If the employee was not familiar with the scope of his duties, it is not possible to prove that he did not pass the probationary period (see, for example, the Appeal ruling of the Moscow City Court No. 11-11709 of June 26, 2012).

What is a job description useful for?

With a job description, an employer can:

Justify the refusal to hire due to the non-compliance of the applicant (applicant for the position) with the established qualification requirements for a specific position, work performed;

Objectively assess the performance of the employee during the period probationary period;

Distribute labor functions among employees;

Evaluate the conscientiousness and completeness of the employee's performance labor function;

To substantiate the inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

Justify the legality of the application to the employee disciplinary action for failure to perform or improper performance of the labor duties assigned to him (including dismissals) (letters of Rostrud No. 3042-6-0 of August 9, 2007, No. 6234-TZ of November 24, 2008, No. 1028-s April 30, 2008).

What sections does the job description consist of?

General provisions.

This section includes:

1) the procedure for appointment to office and dismissal from office. Determined in accordance with regulatory legal acts, rules of internal work schedule, the regulation on the structural unit (if such a regulation was developed and approved by the employer), other local regulations of the employer (for example, it may be provided that an employee is appointed to a position and dismissed from office by order of the head of the organization upon the presentation of a certain official);

2) requirements for the qualification of an employee. The level of professional training of the employee necessary to fulfill the prescribed labor duties (education, advanced training), requirements for work experience, work experience in any field of activity are indicated;

3) requirements for the employee's knowledge ("should know"). The main requirements for the employee in relation to special knowledge, as well as knowledge of legislative and regulatory legal acts, regulations, instructions and other guidance materials, methods and means that the employee must apply in the performance of work duties are indicated;

4) a list of documents that the employee should be guided by in the performance of labor duties. Typically, this list includes:

Legislation of the Russian Federation;

Local regulations of the employer directly related to the work activity of the employee (including the Internal Labor Regulations);

Regulations on the structural unit, which includes the position (see, for example, the Regulations on personnel service(personnel department));

Orders and orders of the head of the organization;

Orders of the head of the structural unit;

Direct job description;

How to develop and approve a job description?

1. First you need to draw up a draft instruction, taking into account the requirements of the current legislation. The job description can be an appendix to the employment contract or be approved as an independent document.

The unified form of the instruction is not approved, therefore the organization develops it independently. When preparing a job description, the provisions of GOST R 6.30-2003 should be taken into account. Requirements for the content and design are clearly established only for the job description of a private security guard at the security facility (Order of the Ministry of Internal Affairs of Russia No. 960 dated August 22, 2011). In other cases, as a basis for the preparation of job descriptions, you can use:

Qualification directory of positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia No. 37 of August 21, 1998;

Unified Tariff and Qualification Directory of Works and Professions of Workers (issues for relevant industries). For example, to compile instructions for industry-wide professions of workers, you can use Issue 1, approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions No. 31 / 3-30 dated January 31, 1985 (Rostrud letters No. 4412-6 dated October 31, 2007, No. 3042- 6-0 of August 9, 2007, No. 6234-TZ of November 24, 2008).

In addition, when developing job descriptions, the legislation requires employers to take into account the requirements professional standards(clause "a" clause 25 of the Rules approved by Decree of the Government of the Russian Federation No. 23 of January 22, 2013). However, the standards themselves have not yet been approved, the work on their creation is coordinated by the Russian Ministry of Labor (Article 195.1 of the Labor Code of the Russian Federation).

2. If collective agreement(agreement) of the organization provides for the adoption of local regulations in agreement with the representative body of employees, for example, with the trade union, the draft job description should be sent to the representative body for consideration and its opinion taken into account. If such a body has not been created, the employer develops and adopts local regulations (including job descriptions) independently. The absence of a representative body makes it impossible to comply with the requirements of the legislation in this part (part 3 of article 8, part 1 of article 372 of the Labor Code of the Russian Federation, paragraph 3 of the letter of Rostrud No. 2742-6-1 of December 8, 2008).

3. Then you need to sign and endorse the job description. In accordance with clause 3.22 of GOST R 6.30-2003, an organizational and administrative document (including a job description) must contain the "Signature" attribute, which is located at the bottom of the document, after its text. The job description, as a rule, is signed by its compiler (for example, a personnel specialist, head of a structural unit).

Depending on the procedure for accepting job descriptions established by the employer, before approval by the head of the organization (other authorized person), the instruction may be endorsed by some interested employees (for example, the head of the personnel service (HR department, personnel department), head legal department(lawyer) of the organization). The approval visa is located on reverse side the last page of the job description. It must include the signature and position of the employee approving the document, the transcript of the signature (initials, surname) and the date of signing (clause 3.24 GOST R 6.30-2003).

4. After signing, you need to approve the job description and put it into effect from a certain date. The job description is approved by the head of the organization or a person authorized by him. As a rule, an order is issued for this. But if the instruction is approved without any specifics (according to the time of its validity, the procedure for revision, distribution, etc.), you can not issue a separate order, but place an approval stamp on the job description itself. The stamp must consist of the word I APPROVE (without quotes), the name of the position of the employee approving the document (for example, CEO, director of personnel management), his signature, initials, last name and date of approval (clause 3.16 GOST R 6.30-2003, part 2 article 5, part 1 article 8 of the Labor Code of the Russian Federation).

5. At the end of the procedure, it is necessary to familiarize the employee accepted (accepted) for a certain position (profession) with the instructions for this position (profession). Information on familiarization with the job description and the signature of the employee confirming familiarization can be put:

In the familiarization sheet with the job description (such a sheet is hemmed or glued to the instruction itself);

In the Journal of familiarization with job descriptions or in the Journal of familiarization with local acts of the organization (samples of these documents are available on the website www.moedelo.org);

On a copy of the job description, which will be kept by the employer (similar to an employment contract);

On a copy of the employment contract, which will be kept by the employer (for example, the following inscription can be issued on it: "I have read the job description before signing the employment contract").

If the employee does not want to read the job description, it is advisable to issue a refusal in writing, for example, in the form of an act. This document will protect the employer from possible claims from the inspection departments (for example, the labor inspectorate). It will serve as confirmation that the employer has fulfilled its obligation to familiarize the employee with local acts, and will relieve the organization of responsibility if the employee who refused to familiarize himself with the local act subsequently claims that he was not acquainted with him (paragraph 10 of part 2 article 22, part 1 article 67, part 3 article 68 of the Labor Code of the Russian Federation).

It is advisable to prepare two copies of the job description and give one to the employee in his hands (paragraph 7 of the letter of Rostrud No. 4412-6 dated October 31, 2007). It is advisable to provide a copy to the employee against signature.

Job description is a legal act issued in order to regulate the organizational and legal status of an employee, his duties, rights, responsibilities and provide conditions for his effective work. The job description is necessary for a clear delineation of the labor functions of employees, as well as in the event of disputes, conflict situations between employers and employees and addressing them in arbitration court. The presence of job descriptions significantly accelerates the training of newly hired employees, as well as employees transferred to new positions.

Properly designed, coordinated job descriptions provide the following functions:

1. Rational division of labor between employees of the enterprise.

3. Optimal distribution of work (tasks, instructions) between employees, taking into account the qualifications of the latter and depending on their complexity.

4. Possibility of timely and effective control of employees.

5. Understanding by employees of their responsibility for specific duties.

The job description can be both an independent document and an annex to the employment contract. An employment contract may itself contain the main provisions of the job description, and many managers are content with just this document. However, if in the employment contract, when describing the duties of the employee, there is a reference to the fact that he can be entrusted not only with the duties expressly specified in the contract, but also with others referred to his competence by the job description and other local regulations - in such the presence of a job description in the enterprise documentation system is a necessity.

The Labor Code of the Russian Federation currently does not provide for the obligation of the employer to have job descriptions, and therefore, many employers prefer not to think about the advisability of creating them. Meanwhile, it is the job description that can become a “lifeline” that will ensure a balance of interests of the parties to the employment contract (employer and employee). In some cases, having a job description allowed employers to avoid legal and economic liability. The presence of a job description, including for vacant positions, will allow refusing to hire a person who does not have sufficient experience or qualifications. The absence of a job description means that the applicant must meet the requirements of the Unified Tariff and Qualification Guide. In turn, this document contains very approximate requirements for applicants and does not take into account the organizational, regional and other features imposed by employers. Thus, in the absence of a job description, it will be more difficult for an employer to justify a refusal to hire a job than with one.

Let us analyze the concepts of position, profession, qualification, provided for by the Unified Tariff and Qualification Guide.

Job title- the official position of the employee, which determines the scope of his powers and responsibilities. The position may be occupied permanently and substituted, occupied temporarily, as well as substituted periodically, by competition.

Profession- genus labor activity person, the subject of his constant occupation, as well as evidence of his knowledge and skills, experience, allowing him to perform this type of work in a qualified manner.

Qualification(from lat. qualis - quality) - the professional maturity of employees, their readiness for the high-quality performance of specific types of work, determined by the availability of knowledge, skills, professional skills, experience.

In accordance with the accepted qualifications, employees are divided into three categories:

- managers;

- specialists;

– technical performers (in the Qualification Handbook they are called “and other employees”).

Job descriptions should be developed for each position (including a vacant one) available in the staff list (Rostrud letter dated August 9, 2007 No. 3042-6-0).

The procedure for creating a job description is currently not regulated by law. As a basis for preparing the content of the draft job description, it is recommended to use the relevant provisions of the Qualification Handbook of Employee Positions, adapting them to the specific operating conditions of the enterprise and the relevant structural unit. The names of the positions of service workers are entered in accordance with the All-Russian Classifier of Professions of Workers, Positions of Employees and tariff categories OK-016-94 (OKPDTR). In addition, you can use the Qualification Directory for the positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor and social development of the Russian Federation of August 21, 1998 No. 37. The procedure for using this handbook was approved by the Decree of the Ministry of Labor and Social Development of the Russian Federation of February 9, 2004 No. 9.

When developing job descriptions, a number of letters can also be taken into account Federal Service on labor and employment, clarifying some controversial issues. These letters are not normative documents, therefore they are exclusively advisory(Letter of the Ministry of Labor of Russia dated March 13, 1996 No. 482-VK “Recommendations for the development of job descriptions (duties) for the positions of civil servants federal bodies executive power»; Order FCS of Russia dated December 3, 2004 No. 355 “On approval of the Regulations on the procedure for the development and approval of the job description of an official customs authority RF"; Order of the State Drug Control Service of Russia dated November 25, 2003 No. 235 “On approval of the Regulations on the procedure for developing and approving the job description of an employee, federal civil servant, employee of the body for controlling the circulation of narcotic drugs and psychotropic substances”).

Job description, being local normative act enterprise, implies the presence of specific requirements for the content, structure, style of presentation and design.

The most important requirements for the content of the job description are clarity, information capacity and persuasiveness. At the same time, the clarity of the content is achieved by its extremely precise formulation (both individual sentences and the entire text as a whole). The information capacity of the content is ensured by including sentences in the text of the document that combine the minimum number of vocabulary units with the maximum semantic load. As for the persuasiveness of the content, the fulfillment of this requirement in relation to the job description depends, first of all, on how consistently its semantic components are located in the text and how logically the construction of the entire text of the document looks.

The job description also has unified form and the same text structure for all positions (sections):

1. General Provisions.

2. Functions.

3. Job responsibilities.

5. Responsibility.

6. Relationships (connections by position).

Section "General Provisions» The job description should contain the following set of information: generalized information about the position, its category; educational requirements (higher or secondary) and practical experience(work experience in the specialty); the procedure for appointment and dismissal from office, replacement during absence; the main legislative, regulatory, methodological and organizational documents on the basis of which the employee carries out his official activities; subordination, etc.

One of the paragraphs of this section of the job description contains a list of the main legislative, regulatory, methodological, organizational, administrative documents that the employee is guided by in his activities. In addition to these documents, it is necessary to indicate narrower regulatory and methodological documents that determine the procedure for working on operations that are entrusted to the employee. For example, if an employee is entrusted with the functions of maintaining and accounting for work books, his job description will indicate that he is guided by the Rules for maintaining and storing work books, preparing forms work book and providing employers with them and Instructions for filling out work books.

This paragraph is completed by an indication of the organizational and administrative documents of the higher and its organization (firm): the charter, the regulation on the structural unit, orders and instructions, instructions for office work, this job description.

Section "Functions". It indicates the main activities that the employee must carry out. This section should be written in as much detail as possible. In compiling this section, many formulations can be taken from qualification characteristics for industry-wide positions of employees, developed by the Institute of Labor and approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37.

AT section "Responsibilities" list specific types of work that ensure the performance of employee functions. Often the sections "Functions" and "Responsibilities" are combined into one - "Functions and Job Responsibilities" (or "Main Tasks and Responsibilities").

The peculiarity of the job description for a particular employee is that it lists exactly his functions and job responsibilities. Therefore, the set of functions and job responsibilities is always individual, although it can be compiled on the basis of standard job descriptions. The more detailed in the section “Functions and Job Responsibilities” it will be indicated, not only what, but also how the employee performs certain operations in accordance with the rules adopted by organizations, the more valuable the job description will be.

Section "Rights" very important to the worker. It enshrined the authority of the employee to independently resolve issues related to his competence. Very important are the rights of access to information, including confidential information, and the right to request information and documents for formalizing labor relations, the right to agree and sign certain types of documents, etc.

Section "Responsibility" can be written in general, for example: “The employee is responsible for failure to fulfill duties and non-use of the rights provided for by legal acts and this instruction”, or described in more detail, based on the points of duties ( for example: responsibility for incorrect execution of personnel documents, their non-compliance with established requirements; for untimely processing and delivery of documents on personnel for storage in the archive, etc.).

Responsibility in accordance with the new edition of Art. 419 of the Labor Code Russian Federation can be administrative, disciplinary, material, civil and even criminal. When working on the content of this section, it should be remembered that liability is established in strict accordance with the law.

So, in accordance with Chap. 19 of the Code of Administrative Offenses of the Russian Federation, officials are subject to administrative liability for administrative offenses related to non-compliance with established rules, the enforcement of which is part of their official duties.

For the commission of a disciplinary offense, disciplinary sanctions are applied (Article 192 and Article 193 of the Labor Code of the Russian Federation). In case of material liability for damage caused to the organization, in accordance with the articles of the Labor Code (Articles 238-250), the employee is liable, i.e. reimburses the cost.

Section "Relationships"(communication by position) is also very important for the organization of work. Usually, it is generally recorded in it that the employee in his activities interacts with all employees or structural divisions on the issues of formalizing labor relations, scheduling vacations, timesheets, etc. But, it is much easier to work if this section specifically indicates which departments or employees this employee interacts with. It is advisable to present this section in a tabular form, which clearly indicates from whom the employee receives, with whom he coordinates, to whom he transfers documents, and in what time frame.

Job descriptions can be supplemented with sections: “Evaluation of work” (indicate the criteria for evaluating the work of an employee (timeliness of work and its quality), “Organization of work” (this section may indicate the mode of operation, form of control), etc.

The job description, as a rule, ends with a paragraph on the procedure for its revision. It can be written like this: "Until replacement with a new one" or "The instruction is subject to revision in case of a change in the functions of the employee." It is possible to specify in advance due date replacement, for example 1 time in 5 years. It is recommended to list in more detail the conditions for revising the job description: changing the structure of the organization, changing the staffing table and redistributing responsibilities, introducing new technologies that change the nature of work, etc.

The job description is drawn up according to the type of a general form, signed by the head of the structural unit and approved by the head of the organization.

The title page of the job description must contain the following details: name of the organization; name of the document type; the date; place of development; stamp of approval; approval visa (if approval is provided); signature of the head of the structural unit; employee's receipt confirming familiarization with the instructions.

The name of the type of document is consistent with the name of the position in the genitive case (job description (of whom?) of the driver).

The stamp of approval is placed in the upper right corner and consists of the word "APPROVE" (no quotes), the name of the position of the person approving the document, his signature, initials, surname and date of approval.

When approving a job description by order or order, the approval stamp consists of the word “APPROVED” (do not put quotation marks), the name of the approving document in the instrumental case, its date, and number. It is also reasonable to coordinate the instructions with the head of the labor protection department, if one operates at the enterprise, or with the employee responsible for compliance with labor protection requirements.

The familiarization sheet is part of the job description, calculated on the number of employees who will be brought to the attention of this job description during the period of its validity.

On the back of the last sheet, an entry is made: “In this job description, ___ sheets are numbered, laced and stamped” ( amount in words). The entry is signed by the head of the institution or a person authorized by him, indicating the date.

What is a job description?

The job description is -

In accordance with the All-Russian classifier of management documentation (OKUD OK 011-93), job descriptions referred to the group of documents of organizational and regulatory regulation of the enterprise. They are part of a unified system of organizational and administrative documentation, i.e. a set of documents that fixes the issues of management, interaction, provision and regulation of the activities of individual officials or categories of officials.

DEFINITION (CONCEPT) OF JOB INSTRUCTIONS

Modern office work defines the job description as a written organizational and regulatory document that clearly regulates the issues of management, interaction, reporting, ensuring and regulating the activities of a particular official of the enterprise and establishing the procedure for the use by these persons in their activities of both the provisions of the relevant legislative acts and the internal regulations of the enterprise (orders, instructions, etc.).

SEE THE ARTICLE - RULES FOR ISSUING THE JOB INSTRUCTIONS, HOW TO ISSUES THE JOB INSTRUCTION CORRECTLY? STRUCTURE OF JOB INSTRUCTIONS

Properly designed, coordinated job descriptions provide:

Rational division of labor between employees of the enterprise;

Uniform loading of workers;

Optimal distribution of work (tasks, instructions) between employees, taking into account the qualifications of the latter and depending on their complexity;

Possibility of timely and effective control of employees;

Understanding by employees of their responsibility for specific duties.

In addition, the presence of a job description significantly accelerates the training of newly hired employees, as well as employees of the enterprise transferred to new positions.

An important characteristic job description is its close relationship with documents related to other groups of documentation - in particular, with an employment contract, as well as with documents on the execution of disciplinary sanctions. An employment contract may itself contain the main provisions of the job description, and many managers are content with just this document. However, if in the employment contract, when describing the duties of the employee, there is a reference to the fact that he can be entrusted not only with the duties expressly specified in the contract, but also with others that fall within his competence job description and other local regulations - in this case, the presence of a job description in the enterprise documentation system is a necessity. In the case of labor disputes (both resolved within the enterprise and in court), when determining the degree of guilt in committing a disciplinary offense, among other things, as a rule, it is taken into account how fully and accurately the employee complied with the relevant provisions job description.

The job description, being a local normative act of the enterprise, implies the existence of specific requirements for the content, structure, presentation style and design. The most important content requirements job description, are clarity, information capacity and persuasiveness. At the same time, the clarity of the content is achieved by its extremely precise formulation - both individual sentences and the entire text as a whole. The information capacity of the content is ensured by including sentences in the text that combine the minimum number of vocabulary units with the maximum semantic load. With regard to the persuasiveness of the content, the fulfillment of this requirement in relation to job description depends primarily on how consistently its semantic components are located in the text and how logically justified the construction of the entire text of the document looks.

As a basis for preparing project scope job description it is recommended to use the relevant provisions of the Qualification Handbook for the positions of employees, adapting them to the specific conditions of the enterprise and the relevant structural unit.

There are common formats job descriptions. In general, the job description should be as concise, unambiguous and understandable as possible. next questions relating to the activities of the employee:

Job title and place in organizational structure enterprises;

Tasks assigned to the employee;

The status of the employee, the procedure for his appointment to the position and dismissal from the position;

Main qualification requirements presented to the employee;

Job responsibilities are the labor duties of an employee, depending on the position he holds and the specifics of the performance of labor functions. These responsibilities are reflected in the job description.

A job description is a local document that reflects the rights and obligations of an employee, as well as his obligations and responsibility for their failure to fulfill them, depending on the specifics of the position held and the activities of the enterprise.
Job descriptions are developed by HR specialists together with lawyers. This document must fully comply with current legislation.
The document is approved by the employer or hired manager, if he has such authority.

Before signing an employment contract with the applicant, the employer must familiarize him with the job description. If the employee agrees, he must put his signature on the last page of the document.
If the employee is not familiar with the instructions, the employer will not be able to bring him to disciplinary liability for failure to fulfill his duties.

Job descriptions are necessary for assessing the activities of the employee, as well as for certification.

Exist sample instructions, which can be used as a reference when compiling. But they should not be taken as a basis, since they are compiled without taking into account the specification of the enterprise's activities and positions.

Typical job description

The procedure for its adoption and implementation depends on how the job description is framed. If it is an annex to the employment contract, then it is accepted by mutual agreement of both parties. That is, the employer offers his own version of the document, and the employee either fully agrees with it, or indicates those items that he would like to change.

If the job description is a separate document, then the employer alone approves it.

A typical job description should contain the following items:

general provisions. Here you need to specify:
- the exact title of the position;
- to whom this employee reports;
- an official who has the right to appoint his position and dismiss him;
- the presence or absence of subordinates;
- the possibility and procedure for replacing this employee in case of his absence due to good reason(for example, another vacation);
- a list of documents and regulations that this employee can be guided by in the implementation of his labor activity;
the main tasks and responsibilities of this employee. This section is also called "Responsibilities". This section reveals the main tasks of the activity of this employee, depending on the specifics of his position:
- the main task that he must perform throughout his entire career with this employer is determined;
- the circle of his additional duties, which "follow" from the main task, is determined;
rights. Here is a detailed list of what the employee has the right to do in the workplace to improve the performance of their immediate duties.
The rights of the employee must be clearly defined. This is necessary for the successful resolution of disputes and conflicts that may arise in the course of work between the employee and the employer. Based on the instructions, the employee can defend his rights in court. Granting certain rights to the employee contributes to the fulfillment of his duties.
responsibility of the employee for non-fulfillment of his main job duties.
This section of the job description indicates the responsibility of the employee not only for failure to fulfill his duties, but also for the failure to use his rights, which are presented in the previous section.
Here it is necessary to clearly indicate what responsibility is assigned to the employee for certain disciplinary violations. If this is not done, then the employee can challenge the imposition of one or another disciplinary sanction in court;
employee requirements. Here you need to specify what requirements the applicant must meet in order to occupy this position. You can specify:
- education;
- the presence or absence of the required work experience in a similar position;
- the presence or absence of special skills. For example, a driver's license or a gun license.

Requirements for an employee do not have to be singled out in a separate paragraph. All information in this section can be specified in the "General Provisions".

The provisions of the job description should not be:

Vague. Each paragraph and subparagraph should carry specific information;
Repeatable. Each paragraph and subparagraph should contain only the information that is relevant to this section.

A job description is a document that establishes the organizational and legal status individual worker in the structure of the organization or in its structural unit.

The employer uses job descriptions to assess the behavior of an employee in the event of disciplinary action, including upon dismissal on the grounds provided for in paragraphs. 5 and 6 h. 1 tbsp. 81 of the Labor Code of the Russian Federation.

For the heads of structural divisions and direct supervisors of employees, job descriptions are a management tool that allows them to solve organizational and coordinating tasks.

The employee, for his part, is interested in a clear definition of the nature of the work, the qualification requirements for the position he holds, the scope of his duties, his own powers, rights and responsibilities, and the establishment of relationships.

Thus, the job description is an organizational document and is created in order to:

fixing the types of work, specialization of the employee;
establishing qualification requirements for a particular position;
elimination of parallelism and duplication in the performance of individual operations;
establishing relationships between individual positions;
delimitation of duties and rights of employees;
establishing their measure of responsibility;
evaluation of the performance of each individual employee.

Regulatory framework for creating

When developing job descriptions, it is necessary to be guided by the Labor Code of the Russian Federation and other regulatory legal acts.

So, in article 21 of the Labor Code of the Russian Federation, the rights and obligations of an employee are listed, in Art. 22 of the Labor Code of the Russian Federation - the rights and obligations of the employer arising and implemented in the process of labor relations.

The “Must Know” section contains a list of special knowledge, necessary for the employee to perform his functions (legislative acts, regulations, instructions, normative and methodological documents), which he must take into account and be able to use in the performance of official duties. The Qualification Requirements section lists the requirements for the level and profile of general and special training, as well as for length of service.

Expert help

Unified Regulatory Approach

When establishing the labor functions of managers, specialists and employees, employers are guided by the industry-wide Unified Qualification Directory for the positions of managers, specialists and employees (CEN) and its industry issues. Depending on the content, they are of three types:

Qualification directory of positions of managers, specialists and other employees (industry-wide issue);
Qualification directory of positions of employees of a general industrial nature (single for all industries);

Sectoral editions of the Qualification Directory of Employees' Positions (including the characteristics of positions specific to a particular sector of the economy).

Development rules

A job description is developed for each position included in the staffing organization, and is impersonal. As a rule, this document is developed, approved and put into effect in relation to a vacant position, before a suitable employee is found and an employment contract is concluded with him.

Who should develop job descriptions?

It is most rational to entrust the development of job descriptions to the heads of structural divisions that determine the subordination, subordination, correlation functional duties employees of their departments and other issues. The instruction is coordinated with employees of the personnel and legal service.

The draft job description can be agreed with interested parties, if this is provided for by the employer in the rules for the development of local regulations. It should be noted that the approval of the draft job description is not mandatory. To give the document legal force, it is not required, but to improve the content and bring it into line with the current legislation, this procedure is desirable.

Job description after agreement with all interested officials and signing by its compiler is approved by the head of the organization or another person endowed with the appropriate authority.

Design Requirements

The job description, as a local normative act, refers to organizational and administrative documents, that is, it is part of the Unified System of Organizational and Administrative Documents. All requirements for the Job Description are enshrined in GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation.

The text of the job description is set out in separate paragraphs, which are numbered Arabic numerals within each section.

The structure of the text of the job description, as a rule, corresponds to the tariff and qualification requirements provided for by the CAS, and consists of the following sections:

The first section " a common part» contains provisions of a general nature:

the main labor function (task) of this position;
qualification requirements for the person occupying it;
fundamental organizational and legal documents which the employee is obliged to know and which he is obliged to be guided by in the performance of official duties.

This section indicates: the name of the position in accordance with the staffing table, its category (specialist, technical executor), subordination of the employee, the main purpose of this position, the subject of the employee or the area of work that is assigned to this position.

Clause formulating the requirements for vocational training, usually sets the employer's requirements for the level of education and experience practical work required for this position.

In preparing the paragraph on the minimum necessary knowledge most often use the sections "Must know" and "Must be able" from the CEN. The Handbook contains a list of regulatory documents required by an employee for professional activity. The same paragraph lists the local acts of the employer, organizational and administrative documents (orders and orders of the head, head of the structural unit, etc.), which guide the employee. This paragraph can be expanded to include, for example, safety regulations, operating instructions for technical equipment and office equipment, and business etiquette norms.

The first section can also be supplemented with the basic requirements for the professional skills of the employee necessary in the performance of job duties.

The second section is " Functions"- is central to the job description and includes the types of work assigned to this position.

The list of functions in a specific job description depends both on the general task assigned to the position and on the division of labor between employees of the structural unit. When preparing this section, it is extremely important to observe the principle of completeness and not to miss a single operation performed by the employee. Otherwise, this can later lead to serious conflict situations.

The third section is " Job Responsibilities» - establishes those permanent standards that the employee is obliged to comply with in his work activity. This section provides not only the obligation of the employee to perform a labor function, but also the right of the employer to require the employee to fulfill it, contains a list of duties. This section includes obligations stipulated by the Labor Code of the Russian Federation, federal laws, other regulatory legal acts, local regulations in force with the employer.

Note! Taking into account the specifics of the work, additional obligations may be established, for example, the obligation of the employee to undergo training (training, retraining) at the initiative of the employer

The list of job responsibilities of almost every employee includes the following:

observe the rules of internal labor regulations;
maintain the confidentiality of official information;
follow the instructions and instructions of the head of the structural unit, the head of the organization;
comply with safety regulations;
comply with the rules for the operation of organizational equipment, do not allow to work on technical means outsiders, etc.

In chapter "Rights" the powers vested in the employee in connection with the performance of labor duties are fixed. In many ways, the content of this section is related to the "Functions" section.

The list of employee rights may include the following:

request information necessary for the performance of official duties;
represent the interests of the organization in relations with third parties, in court;
control the actions of certain officials;
sign or approve certain documents, etc.

The "Rights" section is closely related to the next section - " A responsibility”, which usually establishes the content and forms of employee responsibility for the results and consequences of their activities, for non-compliance with the requirements of the job description.

Chapter " Relationships (connections by position)» establishes subordination, subordination, interchangeability and other connections that arise in the performance of assigned job duties. It may indicate the relationship of the position outside the organization, permanent contacts carried out by the employee with third-party organizations, authorities.

Familiarization of the employee with the document

In accordance with the requirements h. 3 Article. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee’s labor activity, including job description.

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Employee familiarization visas can be located on the last page of the document, below the signature of the compiler and approval visas. In some cases, a special journal can also be used, in which employees sign that they are familiar with all the local acts of the employer.

Storage of job descriptions

Job descriptions are local regulations of a long duration.

The most convenient option is the centralized storage of job descriptions in the personnel department, which acquaints newly hired employees with them. Meanwhile, in some organizations, these documents are stored in structural divisions or in the office.

In any case, job descriptions are formed in a separate file (Basic rules for the work of archives of organizations were approved by the decision of the Collegium of the Federal Archives on 06.02.02). This file has a permanent storage period (Article 35a of the List of standard management documents generated in the activities of organizations, indicating the storage periods, approved by the Federal Archives on 06.10.00). The file is submitted to the archive after the replacement of the current job descriptions with new ones.

who draws up job descriptions according to the law

Job description

Writing a job description is not regulated by regulatory legal acts. Writing a job description, designing and amending it is an independent right of the employer. In accordance with the letter of Rostrud dated October 31, 2007 N 4412-6, “a job description may be an appendix to an employment contract or be approved as an independent document.”

Requirements State standard GOST R 6.

Job descriptions who composes in the organization

What is absence/presence from a legal point of view? This is the backbone, the minimum, without which this document does not exist. What should a manager say to an employee who asks to be released from work? It is important here that you yourself understand what presence is, absence from work from a legal point of view. The rights provided to a specialist to perform the functions and duties assigned to him are determined.

Job descriptions who draws up according to the law

First of all, it should be noted that labor legislation does not require the mandatory preparation of instructions for all categories of workers (employees): at present, the need for this is provided only for municipal employees (clause 1, article 12, clause 1, article 23 of the Federal Law of 02.03 .2007 N 25-FZ "On municipal service in the Russian Federation"), certain categories of civil servants (for example, for police officers (p.

Job Descriptions

is a local normative act in accordance with which the employee carries out labor activities. - the main organizational and legal document that defines the tasks, basic rights, duties and responsibilities of an employee in the exercise of his labor activity in accordance with his position.

- increasing objectivity in certification, awarding special titles and qualification categories employee, his encouragement and when imposing a disciplinary sanction on him.

Job responsibilities of nurses attached to the clinic

Question: Explain, please. We worked as senior nurses in kindergartens and belonged to the GUNO (city department preschool education). At the moment, we have been transferred to the polyclinic, and we are now called nurses of the children's polyclinic.

Previously, the menu-requirements were compiled by a nurse in kindergarten. And who should do it in this situation? What should our job responsibilities be?

Good afternoon! The specific person responsible for compiling the menu-requirements for the issuance of food products (f.

Instruction Job descriptions in construction

Janitor sweeps. And suddenly - not all? The truth, as usual, lies in the middle - how the state needs clear correct laws, and the mechanisms for their implementation, the company equally requires clear formalized descriptions of the duties of employees and the means to ensure these duties.

The third task of officials is to provide the employee with the possibility of self-government and self-control of their activities.

How to draw up, agree and approve a job description

The article explains what types of documents job descriptions belong to, by whom they are approved, agreed, where the signature on familiarization is recorded. It analyzes in detail what normative acts the content is based on, gives recommendations on compiling an organization's package.

A job description is a document that is included in All-Russian classifier management documentation OK 011-93, approved.

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at my enterprise, the question arose: who should draw up job descriptions, and who should make up workers, and are these work instructions needed at all?

DI should be made by the one who administers the termination of employment contracts due to the inconsistency of the employee with the position held, or at least understands how to do it in practice.

at my enterprise the question arose: who should draw up the instructions, and who should make up the workers, and are these workers needed at all?

Do you have exotic positions? If not, then a typical DI can be downloaded anywhere and slightly adjusted to the realities of the enterprise.

Who should develop job descriptions?

Question: Tell me, please, who directly develops at the enterprise, the head of the department or the personnel officer? And what if the employee refuses to sign for (does not agree with the terms)?

Answer: Labor legislation does not contain a requirement for mandatory preparation and approval for all positions, professions of employees available to the employer.

Help: Procedure for developing job descriptions

The job description is one of the documents of the local regulatory framework of the organization (note 1) (Article 194 of the Labor Code of the Republic of Belarus, hereinafter referred to as the Labor Code). Paragraph 2 of Article 54 of the Labor Code establishes the obligation of the employer, when hiring, to familiarize the employee against signature with the assigned work (job description). an instruction is an organizational and legal document that establishes the main functions, duties, rights and responsibilities of an employee of an organization in the exercise of his activities in a certain position.

Rules and procedure for compiling a job description

Official, regulating labor functions positions organizations are an important normative act of local significance. This document is necessary for both the employer and the employee, since it establishes qualification requirements, lists the duties and rights of the person holding this position.

- a document that is an argument in labor conflicts and disputes, therefore its content and design must comply with the requirements that apply to legally significant documents.

Rules for the preparation and execution of job descriptions

The legal status of an employee in the organization is regulated by the job description. This document establishes the functions, rights, duties and responsibilities of an employee of the organization.

To draw up a job description, use the details that are mandatory for a form intended for drawing up internal documents. It must contain the name of the organization, the name of the document, the date and place of its preparation.

Compiling a job description

Thanks to the instruction, the manager can prove that the employee is not coping with his duties or has violated official secrecy. What else besides immediate responsibilities should be prescribed there? On the legal issues answers site expert Tatiana Uskova, legal adviser.

- Some companies simply do not have job descriptions, some have downloaded them from the Internet. What does the law say - is it necessary at all?

- The law does not establish the direct presence of a job description as a local document, excluding state institutions.

Development of job descriptions

If the requirement for a job description is specified in legislative act, then it should be developed in mandatory. In all other cases, job descriptions are developed on a voluntary basis.

The job description simplifies the relationship between the employee and the employer, because it accurately indicates the scope of responsibility and duties of the employee, which significantly reduces labor disputes.

The job description specifies the qualification requirements, tasks, functions, rights and responsibilities of the employee.

Job descriptions can be developed as a separate document or as an annex to an employment contract.

How to write instructions

The legislation does not establish special requirements for the development of job descriptions. therefore it is necessary to adhere general rules development and approval of local regulations. In addition, the employer can approve its own procedure for developing job descriptions. However, the provisions of this document should not contradict the requirements of the law.

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When developing instructions, it is necessary to take into account the structure of the organization and its divisions, the specifics of the working conditions of the employees for whom the instructions are being developed, the provisions of the organization's local acts.

Also, when developing job descriptions, provisions should be applied qualification guides and professional standards.

After agreement with everyone, the instruction is approved by the head of the organization, certified by a seal (if any). The original instructions may be kept by its developer, by the personnel department, by the secretary, or elsewhere. Copies of instructions are issued to employees against signature.

The job description is valid until it is replaced with a new one.

The structure and content of job descriptions is determined by the employer independently.

Making changes to the instructions

As a result personnel changes, as well as when new federal and local regulations are adopted, it may be necessary to make changes to the instructions.

When making changes, consider the following points:

What form is the instruction in?
Do the changes lead to a change in the employee's labor functions;
Does the employee agree with the change in the provisions of the instruction (this item is especially relevant if, as a result of the changes, the employee has new job responsibilities).

If the instruction is developed and approved in the form of a separate document and the changes made do not entail a change in the labor function, but only specify some of the employee's duties, then the employer can develop and approve new instruction without asking the consent of the employee.

A copy of the new instruction is issued to the employee against signature. It is recommended that the old job description be removed and disposed of.

If the introduced changes entail a change in labor duties or the emergence of new job duties, then obtaining the consent of the employee is necessary. Changes in this case are made in accordance with Art. 72 of the Labor Code of the Russian Federation by agreement of the parties.

If the instruction was developed in the form of an annex to the employment contract, then the introduction of changes may be associated with a change mandatory conditions contracts. The employee must be notified in writing of the changes made at least 2 months in advance.

With the consent of the employee, changes are made in the manner prescribed by Art. 72 of the Labor Code of the Russian Federation. Otherwise, the employee may be subject to dismissal in accordance with Art. 74 of the Labor Code of the Russian Federation under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation - for refusal to continue work in connection with a change in the terms of the employment contract determined by the parties. However, the employer must have reasons for the change (change in organizational or technological conditions labor). Before dismissal, the employer is obliged to offer the employee a transfer to another vacant position.

When making changes to the job description, the employer issues an order. In this case, the employer can approve either a new instruction or changes made to the old one.

If the instruction was an annex to the employment contract, then changes are made to both instructions of the document by concluding an additional agreement with the employee.

The meaning of job descriptions

Consider the reasons for the need to develop job descriptions.

Justified denial of employment

Labor legislation prohibits unreasonable refusal to conclude an employment contract.

You can justify the refusal, for example, if the business qualities and state of health of the employee do not meet the requirements for a vacant position.

Under business qualities, in this case, the ability of an employee to perform a labor fiction will be understood, taking into account his professional and qualification qualities (for example, the presence of a certain profession, specialty, qualification), personal qualities(for example, the level of education, work experience in this specialty, in this industry).

Thus, it is the presence of the requirements specified in the instructions that will help the employer avoid litigation.

Bringing an employee to disciplinary responsibility

In accordance with Art. 192 of the Labor Code of the Russian Federation, a disciplinary offense is a failure to perform or improper performance by an employee of the labor duties assigned to him.

If labor duties are not approved by the employer in the form of a job description, then it will be difficult to hold the employee accountable.

An employee can easily challenge such actions of the employer by going to court. Moreover, when an employee contacts labor inspection, the employer may be held administratively liable for violation of the requirements of labor legislation.

Dismissal of an employee who does not pass the test

The employment contract may provide for a trial period in order to verify the compliance of the employee with the work assigned (Article 70 of the Labor Code of the Russian Federation).

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the probationary period, notifying him in writing no later than 3 days, indicating the reasons that served as the basis for recognizing this employee as not having passed the test (Article 71 of the Labor Code of the Russian Federation) .

The reason, in this case, may be the non-performance or improper performance by the employee of the labor duties specified in the job description or the employment contract.

Job instructions. Basic principles of their work

1. What are job descriptions? What value do they have?

Success and failure modern organizations largely depend on human resource involved in the work. Staff productivity affects total profit companies. However, to constantly monitor the performance of employees of their duties is a difficult task. Special documents can simplify it, including: rules governing the internal regulations, regulations on the structural departments of the organization, staffing, and also - job descriptions.

Such instructions make it possible to delimit the field of activity of each employee and assign certain labor duties to him. The presence of a document outlining the main tasks and powers of the organization's personnel is mandatory, in accordance with the current legislation of the Russian Federation.

According to the modern economic dictionary, the job description indicates the range of assignments and responsibilities, as well as the work that needs to be performed by this employee holding a specific position in the enterprise.

From this definition it follows that the main attention is paid to determining the range of labor obligations imposed on a particular employee. It is important that we are talking more about the description of the functions of this position, and not about the description of the labor obligations of a particular employee.
Main functions: structuring production, as well as regulating the activities of employees.

2. Purposes (what are the purposes of approving such instructions)

Any management system needs clear instructions and rules that every employee must follow. The purpose of compiling a job description is to show the subordinate the range of required tasks and motivate him to perform certain job duties.

They serve several purposes. First of all, they encourage a certain employee to act, indicate the criteria for evaluating his work, give the necessary directions to improve the employee's skill level. In addition, the participation of an employee in the discussion of his job description allows him to influence the conditions and organization of his work.

Also, the job description provides an opportunity to analyze and evaluate the results of the employee's work, contains Additional information on the level of training of candidates for a vacant position. It can also be used as a source of reliable information to improve the structure of the organization, to increase labor productivity.

3. Who draws up job descriptions? What should be included in them?

They are developed by each leader for his subordinates, and signed by the managers of structural departments. Sometimes the instructions are compiled by a specialist whose job is to develop such documents. All official documents are personally approved by the first head of the organization. Meanwhile, responsible for filling the organization necessary documents, is the head of the personnel department.

Important qualities of understanding normative document- clarity and brevity. Because an ambiguous document cannot be obeyed. Obviously, they should not be too long - they are difficult to read, and there is a great risk of misunderstanding the content of what is written.

In the process of writing job descriptions, the functions and tasks of the subordinate are formulated. At the same time, it is necessary to adhere to the correspondence of job descriptions and the actual duties of the employee. The provisions of such documents should define the specific areas of responsibility of the subordinate, and not be just formal obligations. All provisions are equally equal in terms of importance.

General definitions, ambiguity, obscurity and superficial judgments should be avoided when drafting job descriptions. It is necessary to clearly identify all the main tasks, describe in detail the methods of performing work, mention all the important procedures and instructions that the employee must adhere to. It is better to use simple rather than complex sentences.