The position of the programmer in the staff list. Question from practice: how to indicate the names of positions and professions when compiling the staffing table

Staffing is necessary for the most productive use of human resources. It allows you to properly organize the work of the company. The better the schedule, the higher the efficiency of the staff will be. The schedule allows you to control all labor processes, determine the load on employees. It will help you quickly get information about the total number of staff, the amount of work. This is an official document that may be requested by regulatory authorities. Therefore, it must be drawn up in accordance with the laws and established practice. In particular, it is necessary to correctly enter the positions of employees in it.

What is a schedule for?

The staffing table has these functions:

Accurate and fast establishment of the organizational structure of the company.
Fixing the number of divisions and the number of staff units for each of the posts.
Convenient establishment of a system of remuneration for the work of employees of departments.
Fixing the amount of bonuses for work.

Is it possible to hire an employee if his position is not in the schedule?

What to do if the position of the applicant is not in the staff list? It is recommended to introduce a new position as soon as possible. Otherwise, these risks arise:

Difficulties in reducing the number of employees.
The risk that such actions will be recognized as a violation of paragraph 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Additional Information

When introducing positions, you need to consider these points:

If the payment system is tariff, there are categories, the name of the vacancy, on the basis of Article 143 of the Labor Code of the Russian Federation, is established in accordance with the Qualification Guides.
In the attestation sheet, if attestation is carried out, the profession code must be written. The corresponding provision is contained in Article 18 of the Federal Law No. 426 of December 28, 2013.

In all other circumstances, the use of professional standards is optional.

What positions can not be indicated in the staff list

The schedule should not contain positions that do not reflect the nature of the work of a specialist. How to determine whether the name reflects the features of the activity? You should take advantage of the practices and traditions that have developed in a particular industry.

In most cases, the name of the position is formed on the basis of professional activity, which is not always possible to formulate in one word.

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That is why there are long job titles in order to concretize the labor function or the name, which disguise simple duties under a prestigious title. And the formation of job titles is determined by law. It establishes both the requirements for names and possible options.

Normative base

The staff list is one of the local acts created in order to streamline the organizational structure of the company and fix the amount of remuneration.

The agreed document states:

names of all positions from management to ordinary employees;
the number of staff units for each vacancy;
the amount of remuneration from salary or hourly tariff rate to allowances as a percentage.

As a rule, there are no problems when determining the salary, due to the fact that for this type of remuneration for work a single rule has been established, enshrined in Article 133 of the Labor Code of the Russian Federation. The total must not be lower than the minimum wage, which is formed taking into account the cost of the food basket and the annual inflation rate and is set at the federal level.

That is, it is enough for the employer to be guided by Article 133 of the Labor Code of the Russian Federation and their own financial capabilities when setting the amount of remuneration. But with the choice of job titles, it is more difficult, since there are a lot of industries, and there are a lot of job titles, not to mention the legislative norms enshrined in the ETCS and Chapter 31 of the Labor Code of the Russian Federation that regulate compliance with professional standards.

What does the law say?

In accordance with the Decrees of the Ministry of Labor in the Russian Federation, a Unified Tariff and Qualification Guide has been formed. It includes many issues approved by the same Decrees of the Ministry of Labor of the Russian Federation with the definition of job titles in the context of each industry, indicating qualification requirements for vacancies and an approximate list of job responsibilities, necessary knowledge and characteristics of work.

Also, Article 195.2 of the Labor Code of the Russian Federation states that the name of the position in the staff list should be formed taking into account the ETKS in connection with the requirements established for Professional Standards.

That is, the head of the company, when choosing the name of the position, must take into account several factors, namely:

correspondence of the name to the imputed duties;
the ratio of requirements to qualification characteristics of work.

For example, it is permissible to call a secretary an assistant to the head, because the duties are identical. But it’s hardly possible to call a locksmith a communications inspector, since the name of the vacancy should be formed taking into account the duties performed, and not a prestigious title.

When are reference books and professional standards required?

Article 195.3 of the Labor Code of the Russian Federation states that compliance with the Professional Standards is mandatory for many employers - those who manage companies with state ownership or institutions in which half of the authorized capital belongs to the Russian Federation.

For example, in municipalities, government departments and other government agencies, the job title must comply with the ETKS and the requirements specified in the specified document, while in other companies the directory can be used as recommendations.

Also, ETKS and professional standards must be observed in cases where there are working conditions at the workplace of workers that deviate from the norm and give the right to a certain list of benefits.

Benefits are guaranteed by federal law, respectively, if they are provided, certain requirements apply. For example, the same correspondence of the job title to Professional standards.

So, you can work for 20 years as a painter and breathe paint fumes, but at the same time have a job title "construction worker." This does not comply with the ETKS and does not provide for harmful employment conditions, and hence the right to.

That is, in accordance with the norms of the law, the list of benefits directly depends on the name of the position, which will be provided to the employee only if the name of the vacancy corresponds to the duties performed.

There are several other important factors to consider:

If the company has a tariff system of payment, that is, grades, class, then in accordance with Article 143 of the Labor Code of the Russian Federation, the name of the vacancy should be established taking into account the norms of the Qualification Handbooks. This is due to the fact that the list of duties for some positions is given for each category separately, given that the level of qualifications and characteristics of work are different.
In accordance with Article 18 of Federal Law No. 426, during the certification of workplaces, in addition to general data, the certification sheet also indicates the profession code. This assumes that the title of the positions corresponds to the Qualification Handbook. And since attestation must be carried out at all enterprises at least once every five years, differences between the actual title of the position and the title of the vacancy in the ETKS can lead to violations of the assessment procedure.

In other cases, compliance with professional standards is advisory in nature. This implies the use of directories only as a standard form, which can be modified taking into account the specifics of the company and imputed duties, but, nevertheless, not completely ignored.

Can you come up with a name yourself?

As a rule, for institutions belonging to state structures, the staffing table is set by higher authorities, so they do not have any difficulties with the selection of names, since they receive it ready-made.

But for companies that are commercial structures, when choosing names, many questions arise, because the list of job responsibilities does not always coincide with the ETKS due to the specifics of work and can be much wider than the established standards.

In such a situation, the company's management can come up with a name on their own, but taking into account both the requirements for professional standards and the capacity for individual positions. If there are no harmful conditions or classiness in the company, then the name of the vacancy can be arbitrary, but within reasonable limits, given that the general length of service in a particular industry sometimes depends on the name of the position.

For example, in some companies there is 1 full-time position of a lawyer, and several specialists are engaged in this area, the title of which may indicate, for example, a specialist in legal work. Or the same watchman can become a security guard of the economic part, since he is in charge of only the adjacent territory of the company, and even then at night.

Features of using job titles in the staffing table

Considering that, as of 2019, there are no uniform rules for the formation of job titles at the legislative level, and professional standards must be observed only under certain working conditions and in government structures, many companies select job titles based on their own rules.

They are as follows:

a prestigious title to increase motivation;
long name in order to specify imputed duties;
an arbitrary name for the sake of fashion and Western trends.

For example, at the moment, the position of a manager is quite common and prestigious. Under it, you can disguise less sonorous professions, for example, the same cleaning lady, who, having become the manager of a cleaning service, will not stop washing floors and dusting, but will receive an additional reason to be proud of her position, which means an incentive to develop.

Or, due to the small number of staff, one employee can hold two positions. For example, it can be a deputy director - head of a department. Thus, two jobs are combined, and, accordingly, duties in one full-time instruction, but with larger powers.

In some companies, the practice of naming a position using letters of a foreign alphabet. For example, the following option is used - IT - manager.

Basic selection principles

The stipulated rules are not always correct. They violate both the norms of the current legislation and the rules for the formation of job titles in accordance with subordination.

The following principles should be followed:

First - compliance with the name of the category of the staff hierarchy, which can be chosen arbitrarily, but taking into account subordination.
Second - correspondence of the job title to the duties performed.
The third- Application of the law.

Thus, in the Decree of the Government of the Russian Federation No. 225, paragraph 6 of the Instructions for filling out work books says that the work book is filled out only in the state language, which is Russian on the territory of the Russian Federation.

Accordingly, the names of positions in English and other languages are prohibited. But when applying for a job, the name of the vacancy must be indicated, therefore, the norms of the law in the case of an IT manager will be violated.

Base and derived variants

Given that there are a lot of job titles, they are divided into types:

basic;
arbitrary.

The basic names are those fixed in the Qualification Handbooks. But the names formed from the basic ones or invented independently can be arbitrary.

Naturally, if there is a basic name, there are no problems, since its basis is regulated by the ETCS. But in connection with the use of arbitrary names, questions may arise regarding the determination of the right to early retirement benefits.

In paragraph 9 of the Decree of the Ministry of Labor of the Russian Federation No. 29, an explanation is provided on this matter. According to him, derivative job titles, which include basic titles, can be recognized as basic, and entitle the employee to receive benefits.

For example, the profession of a battery worker is present in the ETKS, but the senior battery worker is not, while the nature of work and the hazard code correspond to the first name, which automatically gives the right to benefits established by law.

If an arbitrary name does not contain a base name, then it will be difficult for an employee to claim any benefits. Therefore, when calculating a pension, the length of service in the agreed position will be counted as a total and no more.

That is, if the company is engaged in the general field and there are no harmful conditions at the workplace, arbitrary names can be used, but if the hazard code is 3.1, the name of the profession must have at least a basic name.

Rules for the use of individual words

The qualification directory contains many job titles, most of which do not consist of one word, but of several.

For example, a forklift driver or a refrigerator charger. That is, the law allows the name of a profession, consisting of several words containing a specification of a certain type of activity.

The law also allows the use of prepositions in the names of vacancies that act as a link between several words - for example, an ultrasonic technician or a conservator of equipment and metal products, which again implies a very wide range of different phrases.

There is no limit set by law for a certain number of words in job titles, given that some industries may have quite long titles that will be present in vacancies.

So, quite extensive names are currently common in the field of government structures, where the following positions are present:

economist in accounting and business analysis;
Leading specialist in contract and claims work.

That is, there are no restrictions on the number of words and the use of prepositions for the formation of logical phrases in job titles at the legislative level, given that the specified aspects are present in the job titles in the ETCS.

One more aspect should be noted.

In accordance with the Qualification Guide, additional words to basic titles, such as director or secretary, are used as a clarification of the powers and duties performed.

For example, a secretary can only deal with office work, but a secretary-typist will be busy in the formation of administrative and other documentation.

Accordingly, the director will be directly involved in the management of the company, but the executive director will have powers only in one of certain areas.

What should be remembered?

When choosing a job title, it should be remembered that the correct title of the profession predetermines the right to receive benefits established by law.

The same right to early retirement or benefits provided for Labor Veterans, who, on the basis of the norms of Federal Law No. 5, must confirm their length of service and type of activity in a particular industry.

It should also be remembered that a prestigious title will not change the scope of duties, nor will it give the holder of the same position of cleaning service manager additional powers in the field of leadership.

And it should be borne in mind that any basic name in ETCS is developed for a specific industry with its own specifics and responsibilities. Therefore, it will not be advisable to use it in another industry, because the terms of reference will be completely different.

defines the rights, duties and scope of responsibility of the employee holding this position. About features and varieties job descriptions for programmers will be discussed later in the article.

What does a programmer do?

Currently, the profession of a programmer is one of the most sought after and fairly highly paid. This is due to the fact that computerization has reached even the smallest offices and offices, and the preparation and submission of various reports in electronic form have become mandatory. Accordingly, the task of selecting specialists in this area and developing job descriptions for them has become one of the priorities for the management of many organizations.

The peculiarity of the work of a programmer is that this profession is quite universal, and the functions that he can perform within the framework of his direction at the enterprise are very diverse. For example, the position of a programmer may include specialists of such types as:

system programmer;
application programmer;
tester;
technical support specialist.

Most often, the responsibilities of programmers in the enterprise include the organization of software maintenance. In addition, the main tasks of programmers, depending on the specialization, include:

creation of software for solving the tasks;
creation of sites, programs for managing sites, online stores;
development of operating systems and shells for databases;
technical support and software maintenance, as well as other similar tasks.

All these nuances should be reflected as clearly as possible in the job description of a specialist, so that later there are no questions either about the scope of a particular employee or about the scope of his responsibility.

Don't know your rights?

The structure of the job description of a programmer (software engineer, software engineer, etc.)

Job description of a programmer must comply with the rules for issuing job descriptions adopted in business. At the same time, it is quite natural that it may also have differences related to the features of the job functions of the programmer and the specifics of the work of a particular enterprise.

A typical job description structure for a programmer looks like this:

In the upper right corner of the first page there is a column with notes on the date of approval of the instruction and the position of the head who approved the document. The approval mark is certified by the signature of the head. Also in this column put marks on the coordination of the job description with the relevant departments and services of the organization. Marks are certified by the signatures of the heads of departments / services. However, sometimes approval marks are located at the end of the document.
The first section of the job description is devoted to general provisions. This section includes:
- a list of requirements for a candidate for the position of a programmer;
- a list of legislative documents and other documentation that the employee must study for work;
- the procedure for hiring and dismissing an employee-programmer, as well as replacing him during his absence;
- structural definition of the position of a programmer in the organizational and staffing of the enterprise and the definition of the immediate supervisor of the specialist.
The next section, as a rule, concerns the official rights and duties of the employee. At the same time, sometimes (if the employee's job functions are voluminous), the block is divided into two sections. The list of job responsibilities of a programmer usually includes standard duties for this position, as well as duties due to the specialization of the employee (for example, a software engineer and a software technician) and the characteristics of the organization in which he works. In addition, the job responsibilities of a programmer often include the maintenance of computer and office equipment, as well as the usual duties of an employee to comply with labor standards and work schedules.
The next section of the job description highlights the specifics of the responsibility of the programmer for the improper performance of his duties. At the same time, it is important to remember that the measure of responsibility cannot go beyond the limits provided for by labor legislation.

Typical requirements for a candidate for a position

Typical requirements for a candidate for the position of a programmer, as a rule, are the following:

Higher or secondary specialized education in the declared specialty. Sometimes a specific university or full-time study, knowledge of certain computer languages and English may be required.
Experience as a programmer or in the required field. If a person is accepted to any lower level, then work experience may not be required, and if the organization is looking for a head for the programming department, then the required experience may be a significant number of years (usually 3-5).
A list of documentation with which the candidate for the position must be familiarized. As a rule, in addition to the fundamental documents, this list includes internal documents of the enterprise on the organization of labor and the specifics of working as a programmer. An employee is introduced to internal documents after being hired.

Labor functions of a software engineer and a software technician

The most widely represented job vacancies for programmers are the positions of software engineer and software technician. Despite the fact that sometimes even within the same organization these positions can be named the same, the labor functions performed by employees of these specialties are different. To summarize, a software engineer is engaged in compiling and developing programs for computer technology, and a software engineer uses already developed programs to solve the problems assigned to him.

In practice, the job responsibilities of a software engineer may include:

Development of programs based on the analysis of mathematical models and algorithms for solving economic and other problems, as well as ensuring their implementation by means of computer technology.
Testing and debugging programs, their further technical support.
Development of technology for solving problems at all stages of information processing.
Choosing a programming language for describing algorithms and data structures.
Running debugged programs and entering initial data according to the tasks.
Correction of the developed program based on the analysis of output data.
Preparation of a manual for working with the program, execution of other necessary technical documentation.
Analysis of the possibilities of using software products.

As part of their job responsibilities, a software engineer can:

Provide automated processing of incoming information, develop technology for solving economic and other problems.
Participate in the design of data processing systems and software systems for machines.
Carry out preparatory activities for the computational process, observe the operation of machines.
Prepare schemes for the technological process of information processing, algorithms for solving problems, layouts, instructions, etc.
Prepare technical media used for automatic data entry into a computer, systematize indicators of normative and reference data.
Accept and control input information, prepare initial data, process information, prepare documentation.

Thus, a well-prepared job description for this specialist will allow not only to form the optimal range of job duties for the employee, but also to determine the criteria for selecting candidates for the position. This will greatly facilitate the task of staffing such an important and necessary unit for the enterprise as a programmer. A sample job description for a programmer can be downloaded from our website.

In any business, in addition to growth and profit, there are situations when the financial condition of the company begins to deteriorate and it is necessary to take measures to overcome the crisis. As a rule, one of them is the optimization of the structure of hired personnel and, accordingly, the reduction of one or more.

Reducing the staff

It is not a document that is accepted in the organization once and does not change until the end of the activity. Since this local regulation should characterize the current staff structure, it is reviewed when expanding the business, changing production or sales technology, during financial difficulties.

The need to exclude one or more positions, and sometimes entire departments, may be dictated by:

diversification of activities;
crisis phenomena;
changing sales markets;
updating the technological component;
updating this local regulatory act;
other reasons.

The procedure for actions in the staffing table depends on whether this document will be brought into line with the actual staff structure, or the exclusion of one of the positions will lead to the real dismissal of one or more employees.

Reduction of vacancies in the staffing table

Before proceeding to the dismissal of working employees, the employer is obliged to review the current one for the presence of vacancies in it. You can also remove unnecessary units from a document during a planned change.

For example, a company has a vacancy " ”, but in practice the flow of documents is small and other employees independently cope with the duties of maintaining document management. In such a situation, you can change the schedule and remove this unit from it.

If the position in the staffing table is reduced without the actual dismissal of employees, then the procedure is as follows:

rationale for changes;
drawing up a new local regulatory document;
issuance of an order to change (approval) of the updated document.

At the same time, there is no need to comply with the deadlines established by law for the reduction of employees.

You can clear the staff list from vacancies at any time. Since there are no employees who actually occupy them, and the dismissal procedure will not be carried out, changes can be made even a few days before the start of the new edition of this local regulatory document.

Justify the need to reduce the staff of the company due to vacancies can be financial services, as part of proposals for overcoming the crisis, personnel departments or heads of departments and departments where such units are located. To do this, you need to draw up a memorandum (service) note in the name of the head of the company or its owner with the motivation for the absence of the need for this position or hiring an additional employee.

An example of justification for the exclusion of a vacant position

to CEO

Research and Production Association "Geliostomak"

Cherezkhvostova P.S.

Head of the administrative and economic service

Chistyulkina E.K.

memorandum

No. 67 dated 10.10.2018

From 09/01/2018, the transfer of functions for cleaning office space occupied by NPO Geliostomak was carried out at the address: Semipolatinsk, st. Vedeneeva, d. 145, premises 224 - 247, to the management of the building company "Quarter". In this regard, 4 positions of “office cleaner” were vacant in the staff of the ACS (employees were dismissed by transfer to LLC “Kvartal”).

Since there is currently no need to recruit personnel for these jobs, I ask you to exclude the vacancies "office cleaner" (4 s.u.) from the structure of the administrative and economic service during the planned approval of the staffing table from 01/01/2019.

10.10.2018 Chistyulkina E.K.

Exclusion of a vacant position from the staff list

After considering the justification, the company's management orders to change this local regulation. As a rule, in the form of a resolution on the received official or memorandum. For example, "I agree. Head of Human Resources to make changes.

Employees of the personnel service, having received such an order, prepare changes and an order for their introduction.

If the change is large-scale, or several departments simultaneously applied for the exclusion of vacancies, then instead of preparing a new version of the current local regulatory act, it is necessary to prepare a new document and carry out the procedure for its approval.

An order for exclusion from a local regulatory act, vacancies can be drawn up as follows:

SPA "Geliostomak"

Semipolatinsk

ORDER

No. 245 dated October 20, 2018

About changes to the staffing table

Due to lack of production

I ORDER

To exclude from the staffing table No. 8 of 01/17/2018 the position of "office cleaner" (4 s.u.) from 01/01/2019.
Control is assigned to the head of the personnel department and the chief accountant.

Justification: memorandum of the head of the administrative and economic service dated October 10, 2018 No. 67.

Applications:

Memorandum of the head of the ACS dated October 10, 2018 No. 67

Staffing No. 8 dated January 17, 2018.

General Director of NPO "Heliostomak" P. S. Cherezkhvostov

Reduction of vacancies, for which the company does not currently need to hire specialists, is the simplest procedure for optimizing the personnel structure. If it is necessary to exclude positions occupied by real employees from this document, the procedure and timing of this procedure are strictly regulated by law.

Reducing the position in the staffing table with the dismissal of employees: procedure

The release of employees with the simultaneous exclusion of jobs from the state structure is associated with additional financial and time costs for the company. In addition to the increased amount of payments, in the event of a revision of the personnel structure, it is necessary to notify employees falling under this procedure in a timely manner, and in case of a large-scale curtailment of activities, inform the trade union committee and the department responsible for employment.

With a reduction in staff, there is a direct legislative ban on the dismissal of some employees, due to their social status.

For example, you cannot lay off a pregnant employee or a single parent.

Failure to comply with their rights will entail a fine for the employer, and in some cases criminal liability.

As a rule, it is associated with an unfavorable financial situation in the company. At the same time, before making a decision to dismiss employees, several steps can be taken to reduce the total amount of payments upon the release of personnel:

If the exclusion of units from the schedule is associated with the dismissal of the employee occupying it, the deadlines for notifying the employee must be observed (Article 180 of the Labor Code of the Russian Federation).

After considering all the options for reducing and making a decision to cut jobs, it is necessary to draw up and approve a new local regulatory act on the structure of personnel in advance or make changes to it. This must be done no later than 2 months before the exclusion of the workplace from this document.

An order to reduce jobs and exclude staff units can be drawn up as follows:

ALC "Tradecom"

Nizhnemartovsk

ORDER

No. 26/k dated October 12, 2018

About job cuts

Due to the deteriorating financial position of the company and the need to implement measures to reduce costs

I ORDER:

Remove from the staff list the post of "sales specialist" (2 s.u.) in the department of sales and logistics.
The head of the HR department should take all necessary measures to notify employees and formalize the procedure for dismissal to reduce staff.
To the chief accountant to calculate and timely pay all necessary compensations to dismissed employees.
Control over compliance with the established dismissal procedure and compliance with the deadlines shall be entrusted to the Deputy Director for Human Resources Perevalov I.D.
The new version of the staffing table No. 4 of 02/01/2018 comes into force on 01/01/2019.

Applications:

Action plan for the financial recovery of ALC "Tradecom"

Staffing No. 4 dated February 1, 2018

Director Pustokhvalov A.V.

Notification of layoffs

After the management issues an order to exclude jobs from the local regulatory act, employees who are subject to dismissal are familiarized with this document. In addition, it is necessary to give them a written notice of the upcoming termination of employment. In cases specified by law or collective agreements, it is necessary to notify the trade union committee and the employment service of the upcoming release of workers.

The downsizing employee must receive notice no later than two months before the date of termination.

This document is drawn up in two copies, one of which is handed over to the employee, who personally testifies to its receipt. This document can also offer job vacancies.

It is necessary to offer all possible employment options, regardless of the salary.

In this case, qualification requirements and health status are taken into account.

For example, an employee with a legal or economic education may well be offered a job as a specialist in accounting, marketing services, a financial department, or a job that is not associated with special qualification requirements (loader, cleaner, auxiliary worker, etc.). But you should not offer vacancies for an engineer or technologist that require a specialized education.

The same situation is with laid-off employees who have health problems. For example, you may not be offered a job that involves strenuous physical activity to a person with a musculoskeletal problem, or a job in a processing shop to an employee with a dust allergy.

In addition, the legislation does not restrict the employer in transferring the laid-off employee to vacancies with a salary level lower than he received in the position excluded from the local regulatory act.

Example of notice of job redundancy

Additional Liability Company "Tradecom"

Mukhovozova E.S.

Sales Specialist

Sales and logistics department

NOTIFICATION

About downsizing

October 29, 2018 No. 4

Dear Ekaterina Sergeevna!

Due to the difficult financial situation of Tradecom ALC, it was decided to reduce the position of a sales specialist (order No. 26/k dated 10/12/2018).

We notify you of the upcoming dismissal from 01/01/2019 under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation. Upon dismissal, you will receive all compensation payments required by law, the employment contract and the collective agreement.

We would like to inform you that in accordance with clause 117 of the Collective Agreement No. 456 dated September 25, 2017, you can also use 2 working days per month to look for work (upon application).

We also invite you to consider the possibility of taking the following vacancies in ALC "Tradecom":

Specialist in contract work (temporary workplace) in the supply department with a base salary of 32,000 rubles.

Payroll Economist in the Department of Financial Support with a base salary of 27,000 rubles.

You can write an application for a transfer to the proposed vacancies addressed to the head of the personnel department Menshinskaya O.G.

Director of ODO "Tradecom" Pustokhvalov O. V.

Notice of dismissal received on October 30, 2018 Mukhovozova E.S.

Dismissal of an employee due to downsizing

After all the necessary measures have been taken, and the employee has refused the job offer, or there are no vacancies in the company, he is fired.

By agreement between the employer and the employee, it is possible to dismiss the employee before the expiration of the two-month period.

For example, an employee found another job a couple of weeks after receiving the notification. He can write an application with a request for a reduction procedure before the expiration of two months from the date of notification. In this case, the employer, having agreed to release the employee earlier than the period established by law, will not be held liable for violation of the employee's rights.

The procedure for excluding a position from a local regulatory act that characterizes the structure of hired personnel, an employee and the payment of all due compensation and money earned is ending.

You can compose this document in the following form:

ALC "Tradecom"

Nizhnemartovsk

ORDER

No. 39/k dated December 28, 2018

On the dismissal of an employee (termination of an employment contract)

Due to downsizing

I ORDER:

Reasons: Order No. 26/k dated October 12, 2018 “On the reduction of positions in the staff list”, notice No. 4 “On staff reductions” dated October 29, 2018, E. S. Mukhovozova’s statement with the refusal of the proposed vacancies dated December 1, 2018 of the year.

Attached to the order are copies of the documents specified in the justification for the dismissal.

Director Pustokhvalov A.V.

The procedure for registering a reduction in a position in the staffing table depends on whether employees working in the company will be fired as a result of these events. When bringing this document into line with the real structure of hired personnel and excluding vacancies from it, it is enough to justify the changes and issue an order from the management or owner to approve a new version of this local regulatory act.

In the case of the dismissal of employees occupying an excluded position, it is necessary to comply with all the requirements of the legislation on the procedure for releasing employees and try to minimize the costs of the employer by offering other jobs or dismissing employees for other reasons. In case of violation of the rights of the dismissed personnel, the employer may not only receive a fine, but also a court proceeding on the illegality of the dismissal.

The law establishes requirements for the title of positions in the staff list. Find out which employers must adhere to them, and for whom such requirements are not mandatory.

Read our article:

How to correctly name a position in the staff list

First of all, the employer should remember that when hiring employees, the title of the position must correspond to the staff list (Article 57 of the Labor Code of the Russian Federation). Therefore, the initial mention of the title of the position is reflected precisely in the “staff”. And the staffing should be in all companies.

It is worth noting that the name of the specialties must be the same for all employees performing the same job. Accordingly, wages are set equal. If differentiation is required, then division into categories is possible. Then the differences in payment are allowed.

When reference books and professional standards are required

Prior to the introduction of professional standards at the very end of 2012, the Unified Tariff and Qualification Guides (ETKS) were used. So the working specialties and specialists were named, focusing on these reference books.

Can I come up with a job title myself?

For commercial companies, matching job titles is not so important. Indeed, for them, as a rule, no benefits are provided, and, accordingly, there is no regulation of names.

In this work, one should be guided by the principle of reasonableness and name the positions so that the labor function is obvious from their name. Now the name “manager” has become widespread. At the same time, both the head of the department and the cleaner with a slight difference in the name can be called a manager.

Often, the employer comes up with beautiful, prestigious positions in order to lure the best specialist to the place. Including uses foreign names (HR-manager). There is a direct prohibition on such actions in the current legislation (clause 6 of the Rules for maintaining and storing work books, making work book forms and providing employers with them), as this can mislead candidates for vacant positions.

Change of position in the staffing table: procedure

A change in staffing may be necessary in a fairly large number of cases. One of them is job change. This procedure is not ordinary and requires compliance with a number of established rules. The procedure becomes much easier if all positions are vacant in the position being changed. Whereas busy units create many obstacles and significantly increase the workflow.