Are job descriptions issued? Job description on request. The job description is a dangerous toy for the boss

  • 14.02.2021

When creating a section, you can use professional standards, All-Russian classifier classes OK 010-93, approved by the Decree of the State Standard of Russia dated December 30, 1993 No. 298, and Qualification guide, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37. They contain indicative list responsibilities of various positions. Section "Rights" In the section "Rights" write down the list of rights that an employee has in the course of his/her competence official duties. Section "Responsibility" In the section "Responsibility" it is customary to specify the types of responsibility assigned in accordance with the law, depending on the official duties of the employee.

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After that, the employer is recommended to give the employee a certified copy of the job description, and he must sign with you “I received a copy of the job description, I undertake to keep it at the workplace.” It’s not just that he received, but that he undertakes to keep it at the workplace, then the employee will not get away in any way that he forgot his duties or simply signed and received a copy ...
At the reception, Katatsuburi signed EVERY job sheet and contract ... a copy of the CI - was given to me (what I do with it - no one cares) ...

Should the employee have the original job description or a copy in their hands?

Attention

Something to sign with the employee, to acquaint him two months in advance about the change in working conditions! For him, these are such trifles that you shouldn’t pay attention! :)))))) There in the frames (and everywhere) there is such chaos with documents, you can’t imagine. If they managed to dismiss me retroactively while I was on a business trip ... I have already been fired, and already in a lawsuit with RD.

Here, I think, what else can they concoct there in hindsight, playing it safe. But, of course, now it doesn’t matter what they got there, but if they reinstate me, I will have to be fired somehow, that’s also the reason - they will load me with such work that I never did, and I can’t.

True, you still need to recover. And not a fact.

I would like a copy of my job description. is it possible???

The DI will be later approved than the TD. Further. Since DI is a one-way local normative act and is approved only by the employer, and the TD is bilateral with responsibilities at the time of admission, then after the publication of the “new” CI you must make an addition to the TD, because new duties were added to it, which are not currently concluded. TD were not spelled out in it, and in order for the employee to begin to fulfill the new duties prescribed in the new TD, he must give his consent precisely by signing an addendum to the TD.

if he refuses to sign such an addendum, he will be right, and your new CI will not be in your favor. And if there are again dismantlings up to the court, then you will lose, because. at the time of closing

Sample Job Description Journal

Manyunya_ not a lawyer_ by the way Yes, now I will study every piece of paper before signing and consult with a lawyer, copy (up to business trip reports and tickets) and ask the RD for a signature on the copy ... I don’t know, however, how long I can work like that .... they will fire me for "cleverness" to Katatsuburin..there is another option..how do I do))) become a "blonde" in chocolate...forget about money, papers and "truth"...leave it to your boss..rely on him..obviously and irrevocably .... behave like a blonde who does not understand anything about this - and relies on stronger and smarter men .. and such men will definitely “start up” nearby))) Manyunya_ is not a lawyer_ by the way Yes, I have read such a thing on legal portals. Dismiss - just spit, and then people sue for six months, spend money on lawyers, recover, quit ... .. a nightmare, what's going on.

Urgently! Refusal to give a copy of the job description. Is it legal?

  • date of receipt by the employee
  • the signature of the employee, indicating that he has familiarized himself with and received a copy of the ID;
  • information about the employee responsible for maintaining the log of the issuance of DI.

A sample journal for issuing DI can be downloaded from the link: Journal for issuing job descriptions - sample download. Thus, according to general rule 1 copy of the signed job description is handed to the employee.


Is the job description issued to the employee? Job description issuance journal: download sample Is the job description issued to the employee? The presence of DI in the organization is a right, not an obligation of the employer. At the same time, it allows you to effectively distribute the powers of employees, determine the boundaries of their responsibilities and establish the competence of an employee even at the stage of hiring. For more information on whether it is necessary to issue a DI at enterprises, see the article Is a job description mandatory in an organization?. The current legislation does not regulate the procedure for registration and issuance of DI.

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DOLAARBetween what should be and what actually is - (well, actually, for the 1000th time) It's good if there are instructions at all, but in most cases it would be better if they weren't there at all, since it seems that they were developed specialists whose abilities were only enough to download a sample from the Consultant. The instruction, if it is sensible, is a double-edged sword, and if it is not there, then the company is not as good as they try to present. Manyunya_ not a lawyer_ by the way There are no instructions, but it is imprinted in the employment contract that with the instruction, discipline, etc.

acquainted. And the employee signed up for it. But they didn't give instructions. Now RD has the opportunity to write anything into it and fire him for dereliction of duty? Or is the employee still required to have an instruction and is it recorded somewhere that it was issued to him? DOLAAR Don't wave your fists after a fight.

Job description

It is desirable that they also have the signature of the Employer. In a crisis, when volumes have fallen, when there are many specialists on the market who are ready to do your amount of work for less money, protecting your rights becomes very relevant. The employer will do everything possible to optimize their costs and dismiss the employee without paying him all the due compensation. How in my case began to create additional agreements reducing the term of work in order to dismiss on an urgent basis.
What cost me to sign this add-on not with the date that he put in it, but with the real one, because these add-ons were issued not on the day of the indicated date, but after a week or even more .... it’s my own fault. Dont know.

Sample Job Description Journal

Dismiss - just spit, and then people sue for six months, spend money on lawyers, recover, quit ... .. a nightmare, what's going on. I have always been far from this, from the courts, studying the law ... .. I somehow naively believed that everything is OK in Spain. How much does a lawyer cost you according to labor law? Manyunya_ not a lawyer_ by the way, I don't have a lawyer.
I would take.

Attention

I am shocked by the documents that the giver brings :)))))) I didn’t see them in my eyes, but they have my signature on them :))))))) Spaniard if you remember exactly that you didn’t see these documents in your eyes and didn’t sign anything - stand your ground. Especially in court, declare that your signature was forged!!! Then they will appoint a graphological examination.


In addition, a signature is recognized when at least 3 letters are written, and not a scribble with a tail, so ideally, when an employee signs, he writes his last name in full, then you can definitely prove that this is his signature.

Should the employee have the original job description or a copy in their hands?

Accordingly, in your case, the application of the Job Description, as well as labor duties on it, should be carried out only if it follows from the employment contract. And the employer cannot be guided by a job description that contradicts employment contract.
Otherwise, you have the right to apply to the court. Also, in accordance with Art. 62 of the Labor Code of the Russian Federation, at the written request of the employee, the employer is obliged, no later than three days from the date of filing this application, to issue to the employee copies of documents related to work.

Info

This requirement also applies to the issuance of a copy of the Job Description. This copy must be duly certified and provided to the employee free of charge.


That is, in your situation, the administration violates the requirement labor law, refusing to issue you a proper copy of the said document.

Be sure to give employees instructions on how to

Important

We write: “performed the work according to the job description” elena You can carry out any activities to influence the employee, but ... Dismiss for inconsistency with the position held, only through certification.


And for which a CI is required, otherwise the court will consider the certification not legal, these are the rules. And what you described “did the work according to the job description” can only serve in the event of a disciplinary sanction if the person did not cope ... And disciplinary action there can only be a reprimand, a strict reprimand and dismissal (you have no reason for the latter). Penalties can be applied if you have any specified in the TD and PVTR or in the Provision on Encouragement and Recovery (if any).

Do I need to give the employee a copy of the job description

Question Please tell me whether the employee must have the original job description or a copy in his hands. And do I need to certify a copy? And is it necessary to flash it? Thank you.

Answer Answer to the question: A job description is the main document that defines the tasks, functions, duties and responsibilities of an employee of an organization when he performs work in his position. Develop job description necessary, based on the tasks and functions assigned to a particular structural unit.

The procedure for compiling a job description is not regulated by law, therefore, the employer independently decides how to draw it up. In practice, the job description can be drawn up as an annex to the employment contract or as an independent document.

I would like a copy of my job description. is it possible???

If the TD does not clearly spell out all the responsibilities or there is a reference to the CI, in this case the DI is drawn up in two copies and one copy is given to the employee. And on the second, a mark is necessarily put on the issuance of a document (second copy) in hand.

The ID must also be marked by a lawyer in agreement with the document and the ID must be approved by the first person of the company.2. As for the inconsistency of the worker. This is proved on the basis of the conclusion of the commission during the extraordinary certification of this employee.

AT attestation commission a qualified specialist in the attested position must be included. If there is no such specialist in the company, he should be invited from outside.

And if you’re scared and stay there, then you will be reinstated and THAT first employment contract will apply to you, there won’t be a second one, which means TE duties. And what they will do after you are reinstated at work - they should do the extra peaks ...

so it will not be so easy to “load” you ... do not be afraid

TsurupochkaI have always demanded “my” instruction from the age of 17 !!! And now I’m under pressure (even if the employee doesn’t need this paper “on hand”) to carefully read it, despite all their haste, and then sign at least in the TD, at least on the DI itself !!! If you don’t have them, you will have to create them. Please note that there will be problems not only with the GIT, but also with the Tax Department in the future.

Barrymore When applying for a job, you are given an employment contract in your hands, where everything will be prescribed, and the time of work, and job duties for at least probation, at least permanently.
Oh, you don’t need to shout like that ... Actually, this is not about issuing a reprimand, but specifically about dismissal for non-compliance, and in the absence of CI ... I don’t shout Spaniard, sorry, if it’s so emotional, there’s just no “strict reprimand” right now ... so I got indignant :))))) and dismissal due to non-compliance - everything is correct

Yes, God bless him with a reprimand, she just confused it in the old fashioned way ... Now no one can stand this reprimand for her ... It's just that they can only slap a reprimand, remove it in a year, if it doesn't happen again.

And dismissal, right? For dismissal due to non-compliance, they did not comply with the rules established for that case. Spanishkaaga, they don’t even have CI! How are they going to certify? In short, they won't do anything to her.

Is an employer required to issue a job description?

In accordance with Article 57 of the Labor Code of the Russian Federation, an essential condition of an employment contract is a condition on the name of the position, specialty, profession, indicating qualifications or a specific labor function. In this case, the specified name must correspond staffing. Also, the rights and obligations of the employee must be specified as conditions of the employment contract. Therefore, it must be borne in mind that the performance of labor duties, including those contained in the Job Description, is determined by the employment contract. The employer, on the basis of Article 60 of the Labor Code of the Russian Federation, does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases where changes in the labor function are dictated by organizational and technological conditions labor, and cases provided for by labor legislation.

Should an employer issue a job description?

ORM, stop worrying about what has not yet happened ... the court case is a long one, in each instance it is possible to conclude a settlement agreement, while suing the employer can change again and the management and everything in general .... Manyunya_ is not a lawyer_ by the way Yes, of course it would be fine .... if there was work and money, but at least sue for a year, you can take more. And so, soon it’s not something to worry about, you’ll panic ORM, I understand very well that Manyunya herself is without work and with the court Manyunya_ not a lawyer_ by the way I never thought that I would have to sue someone, especially with the employer of the ORM there is no harm without good, you will gain useful experience in Spain Wow! you have a real court??? then there is nothing to fear at all. anything they do in hindsight is more of a problem for them. You stand your ground, you didn’t get acquainted, you didn’t see it in your eyes, I hear about it for the first time ... You will be reinstated. But it’s hardly worth continuing to work there ... And it’s hard for you and it’s not easy for them ...

And the absence of a CI is just a mandatory fact for certification, and based on this document, questions are generated for the person being certified. If this Chief Accountant, then the dismissal is made based on the results of an accounting audit. But in any case, the employee can sue the employer and if the procedure was not carried out properly, the employee will be reinstated at work and the organization will be obliged to pay for days of forced absence from work. It’s troublesome and not very rewarding to fire people at the initiative of the employer ... Maybe it would be easier to part with a person in a loving way, for example, by agreement of the parties? Manyunya_ not a lawyer_ by the way, thanks for the detailed answer. It is clear - there is no CI, there are no duties for which you can be fired. somewhere on the legal portal I read a recommendation on how to write explanations if they make claims about work and ask for an explanatory note in writing.

Question answer. consultation.

Manyunya_ not a lawyer_ by the way What does it cost an employer to put an old date on a new instruction! Spanish, then you must be familiar with the new DI! and you must set the actual date for your beloved, and not retroactively, otherwise you will not prove it. The employer can force you to sign retroactively?????? maybe! but you do not agree, otherwise you will dig a hole for yourself. Although it depends on how much time has passed. You can, of course, conduct an examination of paper, ink and prove when the dock was actually prepared and delivered. Signature - a month or a year ago! and that you were forced to sign, you were pressured, threatened, etc. Why do you need a showdown in court and a bad record in the labor? know your rights, don't give in to pressure. let them fear you, not you them. especially the salary is white.

Job description

If the job description is drawn up as an independent document, approve it by order of the head of the organization and familiarize the employees recruited for the relevant position with it against signature (part 3 of article 68, article 57 of the Labor Code of the Russian Federation). Situation: In what form should employees be introduced to the job description. The job description is designed as a separate document. There are several options for familiarizing employees with the job description. First, you can keep a special journal of familiarization with the instructions. Secondly, you can attach a familiarization sheet to the instructions. And thirdly, the employee can sign on the instruction itself (on both of its copies). For the copy that remains in the organization, hem several sheets for review, fastening them on the binding with the seal and signature of an authorized person (director, head of the personnel department, chief accountant, etc.).

Sample Job Description Journal

There are loopholes for the employer, but it is advisable for him to hire a competent labor lawyer or personnel officer. To fire him for inconsistency, he dug a hole for himself with his own hands. Let him prove that you are inconsistent. If your duties have been changed, then this does not even fall under Article 74 ...

read it.

but you must sign the addendum. if you don’t sign, he must justify first, then warn you that duties are changing in such and such a position (why again) ... without fail, you sign ...

Should the employee have the original job description or a copy in their hands?

Hello Love! According to Art. 62 of the Labor Code of the Russian Federation, upon a written application of the employee, the employer is obliged, no later than three working days from the date of submission of this application, to issue to the employee copies of documents related to work (copies of the order for employment, orders for transfers to another job, orders for dismissal from work; extracts from work book; information about wages, on accrued and actually paid insurance premiums for mandatory pension insurance, on the period of work with this employer, and more). That is, the list of documents, copies of which the employer is obliged to issue, is open (as indicated by the Constitutional Court of the Russian Federation in the Ruling of 05/21/2015 N 1008-O). However, in judicial practice There are two approaches to issuing copies of the job description (JD): 1.

When the DI is a local regulation (LNA), i.e.

Be sure to give employees instructions on how to

e. refers to a specific employee, and not to the position he occupies, and LNA is not. Thus, there is no certainty in this issue, the law does not regulate this issue thoroughly and all disputes are resolved between the employee and the employer either through negotiations or in judicial order. Note: copies of documents related to work must be duly certified and provided to the employee free of charge (Article 62 of the Labor Code of the Russian Federation).

Do I need to give the employee a copy of the job description

The Letter of Rostrud dated October 31, 2007 N 4412-6 states that the job description can be both an annex to the employment contract and an independent document. Compiled in accordance with the SHR, taking into account the Unified Tariff and Qualification Handbook. If all the duties of an employee are spelled out in the TD, then it is enough for the employee to familiarize himself with the CI, which should be a mark in the form of a signature in the CI log book or a sheet of familiarization with the LNA. Let me remind you that the second copy of the TD is in the hands of the employee.

I would like a copy of my job description. is it possible???

The DI will be later approved than the TD. Further. Since the DI is a unilateral local normative act and is approved only by the employer, and the TD is bilateral with obligations at the time of admission, then after the publication of the “new” DI, you must make an addition to the TD, because new duties were added to it, which are not currently concluded. TD were not spelled out in it, and in order for the employee to begin to fulfill the new duties prescribed in the new TD, he must give his consent precisely by signing an addendum to the TD. if he refuses to sign such an addendum, he will be right, and your new CI will not be in your favor. And if there are again dismantlings up to the court, then you will lose, because. at the time of closing Good afternoon! I worked for more than a year in a government organization without a job description. There are four people in my state division. I take the lowest rate, but in fact I work for everyone, because the rest of the employees have never appeared at the workplace (that is, they are only listed there). Recently, my boss brought in a job description that lists all my duties plus those three employees. This instruction is approved by the director, but there is neither the seal of the enterprise, nor the registration number. Also, it is not coordinated with the legal department, nor with the human resources department. It is in one copy, they categorically refuse to give a copy. The content of this document also leaves much to be desired, many paragraphs in it are written in general obscure phrases. In general, the content is vague, and subsequently the employer can interpret it as he wants. When compiling the section, you can use professional standards, the All-Russian Classifier of Occupations OK 010-93, approved by the Decree of the State Standard of Russia of December 30, 1993 No. 298, and the Qualification Handbook, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37. They provide an approximate list of duties of various positions. Section "Rights" In the section "Rights" write down the list of rights that an employee has within his competence in the performance of official duties. Section "Responsibility" In the section "Responsibility" it is customary to specify the types of responsibility assigned in accordance with the law, depending on the official duties of the employee.

Is an employer required to issue a job description?

I occupy the rate of technical staff, and the requirements are as for a specialist. I refused to subscribe to it. I wrote a memo addressed to the deputy director, in which he expressed his opinion and asked to prepare and approve the instructions in accordance with GOST. I was denied this, but they continue to put pressure on me, they threaten to draw up an act of refusal to sign.

I insisted that I be notified in writing of significant changes in working conditions. After two months, you must either quit or sign the Job Description. They let me read it and sign it, but they refuse to hand over a copy.

Is the employer required to provide the employee with a certified copy of the Job Description or a second copy? How can you be sure that this is an official document that is registered in the Job Description Registration Book? Thank you.

Should an employer issue a job description?

If claims have already been made against you, be sure that you will be fired, but you will be offered to quit on your own. If there is no fight yet, then you can play it safe, ask in writing, of course. become dangerous starting to move your brains and Building your defense. We are accustomed to the silence of the lambs. ORM is ideally, the instruction exists in writing, approved by the head of the enterprise (date and signature), the original is stored in the personnel department or with the head of the structural unit, the instruction is accompanied by a document familiarization sheet, which, again, ideally, is stitched along with the document. When hiring, the employee must be familiar with the instruction, which is confirmed by a personal signature with the date on the familiarization sheet.

Manyunya_ not a lawyer_ by the way, a white Spaniard, the employer can notify you in writing that the duties for such and such a position are changing due to this and that, and tie it to Article 74 (warn 2 months in advance) - but this article is a loophole, although not very true ... second) how not passed attestation according to article 81, paragraph 3 - but it’s better not to touch it at all ... in any case, he is OBLIGED to offer you another job in writing, and if you refuse other work or he won’t have any vacancies, then dismissal. Manyunya_ not a lawyer_ by the way, you are all very correct. BUT! All this applies to a normal company with a normal HR department. And if this is the S Boku Bantik LLC company, then they can concoct anything. I never saw the old one new instruction. Moreover, I wrote the instruction for myself, but it has not yet been signed by the RD. So they should write a new one and sign it.

Sample Job Description Journal

No one can refuse to give an employee a copy of the instruction, since no one should know it by heart. Changes to the instruction are also made not “from the lantern”, but on a sufficient basis, they are also approved (and more often a new instruction is simply issued). If the employee did not sign directly under the text of the instruction, or in the journal where the number / index is clearly indicated this document according to the nomenclature of the affairs of the enterprise, then he can always challenge the phrase in the contract “I am familiar with the instructions”, explaining that he was familiarized orally, and the duties were specified in the process of work .... “Familiarized with the document” means “I read, understood what I signed” (orders, instructions, rules, labor regulations, occupational health and safety requirements, regulations on trade secrets, etc.)

Should the employee have the original job description or a copy in their hands?

And the absence of a CI is just a mandatory fact for certification, and based on this document, questions are generated for the person being certified. If this is the chief accountant, then the dismissal is made based on the results of an accounting audit. not properly, the employee will be reinstated at work and the organization will be obliged to pay for days of forced absence from work. It’s troublesome and not very rewarding to fire people at the initiative of the employer ... Maybe it would be easier to part with a person in a loving way, for example, by agreement of the parties? Manyunya_ not a lawyer_ by the way, thanks for the detailed answer.


It is clear - there is no CI, there are no duties for which you can be fired. somewhere on the legal portal I read a recommendation on how to write explanations if they make claims about work and ask for an explanatory note in writing.

The procedure for familiarizing employees with job descriptions

Dismiss - just spit, and then people sue for six months, spend money on lawyers, recover, quit ... .. a nightmare, what's going on. I have always been far from this, from the courts, studying the law ... .. I somehow naively believed that everything is OK in Spain. How much does a lawyer cost you according to labor law? Manyunya_ not a lawyer_ by the way, I don't have a lawyer. I would take. I am shocked by the documents that the giver brings :)))))) I didn’t see them in my eyes, but they have my signature on them :))))))) Spaniard if you remember exactly that you didn’t see these documents in your eyes and didn’t sign anything - stand your ground.


Especially in court, declare that your signature was forged!!! Then they will appoint a graphological examination. In addition, a signature is recognized when at least 3 letters are written, and not a scribble with a tail, so ideally, when an employee signs, he writes his last name in full, then you can definitely prove that this is his signature.

Do I need to give the employee a copy of the job description

You can’t set the expiration date if you have been working for 4 months and you are not a State Duma, State Duma or Deputy State Duma… secondly, is the certification procedure prescribed? how will he prove your inconsistency with the new CI, even after several months? according to the regulation on attestation, there should be a list of positions subject to attestation, everyone should be warned about the presentation of attestation in writing a month in advance, tickets were distributed, a commission was appointed by order, protocols and attestation persons were kept, an attestation schedule - and not at random as the employer wanted ... order according to the results of certification and recommendations. Carrying out certification is not possible without proper instructions ... (for everyone who is subject to it!) + evaluation criteria (to develop and prescribe !!!). I don't think this is in your company. The main thing is that the salary is white, otherwise, with a gray / black one, you can be blackmailed and forced to write in your own way ...

The procedure for familiarizing the employee with his job description

Is the job description issued to the employee? Job description issuance journal: download sample Is the job description issued to the employee? The presence of DI in the organization is a right, not an obligation of the employer. At the same time, it allows you to effectively distribute the powers of employees, determine the boundaries of their responsibilities and establish the competence of an employee even at the stage of hiring.

For more information on whether it is necessary to issue a DI at enterprises, see the article Is a job description mandatory in an organization?. The current legislation does not regulate the procedure for registration and issuance of DI.

The originals of agreed and approved job descriptions are numbered, laced, certified with the seal of the organization and stored in the documentation support divisions or personnel division, where they are subject to registration. The job description or a certified copy thereof may also be kept in the personal files of employees. In the absence of a documentation support unit, the originals of job descriptions and regulations are kept by the official responsible for office work. The originals of job descriptions and job regulations that have become invalid due to their replacement with new ones and are formed into a separate case. For the documents placed in the case, an internal inventory is drawn up, the sheets are numbered, a certification sheet is drawn up, and the cover of the case is drawn up.

And only after obtaining the consent of the employee to continue labor relations changes are made to the job description. If the instruction was approved as a separate document and making changes to it does not entail the need to change the mandatory terms of the employment contract, then it is most convenient to approve the job description in new edition, having familiarized the employee with it in writing, as well as comply with other rules for the development of job descriptions. You can also make changes by preparing a document on their introduction on the form of the job description. In this case, only changes are indicated. This method, in our opinion, is less convenient, but it can also take place. When preparing a job description and making changes to it, the requirements of GOST R 6.30-2003 “Unified Documentation Systems.

Do I need to give the employee a copy of the job description

When compiling the section, you can use professional standards, the All-Russian Classifier of Occupations OK 010-93, approved by the Decree of the State Standard of Russia of December 30, 1993 No. 298, and the Qualification Handbook, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37. They provide an approximate list of duties of various positions.

Attention

Section "Rights" In the section "Rights" write down the list of rights that an employee has within his competence in the performance of official duties. Section "Responsibility" In the section "Responsibility" it is customary to specify the types of responsibility assigned in accordance with the law, depending on the official duties of the employee.

Should the employee have the original job description or a copy in their hands?

Rostrud dated October 31, 2007 No. 4412-6. Sections of the job description Regardless of the method of execution, the job description, as a rule, consists of the following sections: Section " General provisions» In the General Provisions section, indicate:

  • direct subordination (for example, an accountant reports directly to the chief accountant);
  • procedure for appointment and dismissal;
  • the presence and composition of subordinates;
  • replacement procedure (who replaces the employee during his absence and whom he can replace);
  • a list of documents that the employee must be guided by in their activities.

Section "Job Responsibilities" In the section "Job Responsibilities" list all the duties assigned to the employee in accordance with the practice of distribution of labor functions that has developed in the structural unit.

Question answer. consultation.

Accordingly, in your case, the application of the Job Description, as well as labor duties on it, should be carried out only if it follows from the employment contract. And the employer cannot be guided by the job description, which is contrary to the employment contract.

Otherwise, you have the right to apply to the court. Also, in accordance with Art. 62 of the Labor Code of the Russian Federation, at the written request of the employee, the employer is obliged, no later than three days from the date of filing this application, to issue to the employee copies of documents related to work. This requirement also applies to the issuance of a copy of the Job Description. This copy must be duly certified and provided to the employee free of charge.
That is, in your situation, the administration violates the requirements of labor legislation by refusing to issue you with a proper copy of the specified document.

I would like a copy of my job description. is it possible???

In the latter case, the familiarization sheet should include the columns “Familiarized with the job description” and “Received one copy in hand.” Responsibility for timely familiarization officials with the job description and receiving a copy of the instruction by them, as a rule, is assigned either to the person responsible for working with job descriptions in the organization, or to the immediate supervisors of the employees. under the signature and before moving to another position or dismissal from the organization, which is recorded on the last sheet of the job description or in the appropriate column of the familiarization sheet. Storage of job descriptions.

Sample Job Description Journal

If the job description is drawn up as an independent document, approve it by order of the head of the organization and familiarize the employees recruited for the relevant position with it against signature (part 3 of article 68, article 57 of the Labor Code of the Russian Federation). Situation: In what form should employees be introduced to the job description.
The job description is designed as a separate document. There are several options for familiarizing employees with the job description. First, you can keep a special journal of familiarization with the instructions.


Secondly, you can attach a familiarization sheet to the instructions. And thirdly, the employee can sign on the instruction itself (on both of its copies).
For the copy that remains in the organization, hem several sheets for review, fastening them on the binding with the seal and signature of an authorized person (director, head of the personnel department, chief accountant, etc.).

Job descriptions: to have or not to have (tishin a.p.)

Important

The "Rights" section contains a list of rights that an employee has within the limits of his competence in the performance of his official duties. The section also reflects the relationship of the employee with other departments of the organization, other organizations, bodies state power and local self-government. The section "Job Responsibilities" contains a list of the immediate main duties of an employee, which follow from the charter of the organization, the provisions on the structural divisions of the organization, as well as from the specifics of a particular position. The section "Responsibility" indicates the types and degree of responsibility of the employee for non-fulfillment or improper performance of their duties subject to the provisions of labor legislation. The job description may contain other sections.

However, there are strong arguments in favor of writing a job description. Its presence will allow the organization: A job description is compiled for each full-time position.


Editor's tip: don't write named instructions, otherwise they will have to be re-approved at each frame change. If several employees hold the same positions and perform the same duties, then it is enough to draw up a single job description for all and familiarize each employee with it.

If employees occupy the same positions, but perform different duties, then it is better to rename the positions and name them differently. The procedure for compiling a job description is not regulated by law, therefore, the employer independently decides how to draw it up.

In practice, the job description can be drawn up as an annex to the employment contract or as an independent document.

Do I need to provide a copy of the job description?

IMPORTANT! DI, drawn up as an annex to the employment contract, must be transferred to the employee in accordance with Part 1 of Art. 67 of the Labor Code of the Russian Federation. Journal of issuance of job descriptions: download a sample In order to avoid possible disputes between the employee and the employer, it is recommended to record the fact of transferring ID.
You can do this in one of the following ways:

  • make an entry in the CI issuance journal (especially relevant for organizations with a large number of employees);
  • put a mark on receipt of instructions on the copy of the employer (with the signature and decoding of the employee).

The following information may be indicated in the columns of the journal for issuing DI:

  • serial numbers and dates of approval of instructions;
  • information about the date the employee was hired and the details of the order on its execution;
  • FULL NAME.

The authority to approve such instructions is within the authority of the employer. Prior to approval by the person exercising the powers of the employer in the organization, the draft job description must be agreed upon by all managers (direct and superior) who report to this position. The job description can be approved by putting the stamp “I approve” on its first page or by issuing an order on the approval of job descriptions. The instruction comes into force from the moment it is approved by the head of the organization or another person exercising the powers of the employer in relation to the employee replacing this position, and is valid until it is replaced by a new job description. Familiarization of the employee with the job description.