Are all employees eligible to work part-time? Is it possible to hold two leadership positions in different enterprises? Positions in the company: general director, chief engineer, technical director Is there such a position manager

23.05.2020

Team management depends on the quality and professionalism of the leadership. Management tools are used by persons called or bosses. It is worth delimiting these concepts or putting an equal sign between them, we will try to figure it out.

Sources give different interpretations (formulations) of these two concepts. The observed unity of opinion is as follows.

The chief is a person appointed to a managerial position, endowed with administrative power and receiving remuneration for his work. determined by law and company regulations. Other persons (staff) are subordinate to him.

He has the following responsibilities:

to give orders,
manage the process (for example, labor)
be responsible for subordinates

Important to the boss personal characteristics, continuous improvement of acquired skills.

A leader is, as a rule, a profession of a person, a status provided by a formal position and informal positions. The status is determined depending on the duties, rights, conditions. The leader may perform, for example, the duties of:

chairman of the board
president

However, the obligations to achieve the result are performed both for remuneration and informally.

The concept of the head of the organization as an employee is defined Labor Code(Article 273). According to him, this individual that manages the organization.

The leader has the following responsibilities:

manage, organize the work of the entrusted group
make strategic decisions
create conditions for the development of the company
participate in the documentation, distribution of budgetary funds
represent the team at a higher social level

The work of the head is regulated by the norms of both labor and civil law. Contacts with colleagues, exchange of experience, business meetings All of this is in the hands of the leader. He must have managerial abilities, developed intellect, efficiency, discipline.

From the history

The performance of managerial duties is considered ancient profession. Leaders were considered leaders, leaders. Previously, they managed not only the labor process, but also various areas Everyday life subordinates.

Under the authority of modern managers are employees of specific labor collectives(organizations). The profession is in demand in the labor market. The head of the division of the company acts simultaneously as a boss and a subordinate.

Information from the explanatory dictionary of D.N. Ushakov

Chief in the dictionary is defined as executive, manager, manager of something. And the leader is like a person who leads something, a mentor.

Common traits of a boss and leader

In many sources, these two words are called synonyms. The line between them is thin, easily erased. The main thing is that both of them are officials involved in the management of a team, a sphere, an industry. In addition, in addition to educational and managerial skills, they should have the following features:

creative warehouse (creativity)
flexible mind
ability to respond quickly (in critical situations)
Ability to set goals and lead teams to achieve them
conformity to moral principles, humanity
leadership qualities, the ability to lead a group

Both the boss and the leader win if they stay in a positive way.

For both, the following factors are unacceptable:

incompetence, rudeness
indiscretion, lack of order
pursuit of personal advantage
lack of personal growth

Important for everyone is the correct self-esteem, the absence of excessive ambition and authoritarianism.

Differences in the implementation of rights and obligations

Despite the frequent identification of concepts, there are several points of difference.

Boss:

This is a position.
Performs duties for remuneration.
without participating in a managerial function.
Employed according to the contract approved by order.
He draws up his own requirements in the form of orders (instructions, instructions).

Supervisor:

This is a profession.
Performs duties for remuneration and informally.
Management function is required.
Can work on a voluntary basis (charitable project, children's association).
Requirements can be expressed in the form of consultations, proposals, .

Involves working with people. With all the differences, the boss and the leader for successful work are called upon to earn respect in the team, improve professional characteristics.

An effective leadership style also depends on the use of practical activities positive personal qualities.

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What positions can be

Positions in the company are like roles for actors in the theater - each has its own scenario of work, duties, competencies, tasks, functions. Each individual position requires a specific person with a specialized set of knowledge, skills, experience and personal qualities. In any organization, all existing positions can be divided into three groups:

specialists;
work positions.

Each group requires certain knowledge and skills, experience and education.

Most important position

Any group of people united by common goals and interests cannot function normally without a leader. One person or a group of people must be at the helm of the company, make important decisions, correct the course of the organization and solve internal problems. AT Russian companies this role is performed by the person holding the highest position in the company. Depending on the type of company, legal form, the number of owners and accounting policies, the dominant position may have different names. In limited liability companies, the director or CEO. In joint-stock companies - the board of directors or shareholders. In agricultural production cooperatives- chairman.

An LLC can be opened by one person. In this case, the founder of the company and the director can be one and the same person, make decisions solely and independently manage all the processes of the organization. In OJSC and CJSC it is already more difficult. In joint-stock companies, the directors are elected by the board of shareholders. Fulfilling their official duties, he is obliged to listen to the opinion of the shareholders of the company.

Company leaders

A newly opened LLC, with a staff of no more than two or three people, is unlikely to need a large number of leadership positions. But if the company grows, departments appear that perform fundamentally different functions, the staff increases to tens and even hundreds of people, then you simply cannot do without middle managers. A person holding such a position does not have absolute power over his subordinates, does not make single-handedly important decisions, and does not manage the company as a whole. His task is to control the work of his department, coordinate the employment of his people, and resolve issues within his competence. The most common leadership positions include:

financial director, or head of the financial department;
Technical Director;
director of production and production;
Chief Engineer;
head of the personnel department;
Chief Accountant;
head of the trade department;
head of the purchasing department;
head of public relations department.

Of course, each organization has the right to include in the staff list the positions that are necessary in their direction. The names of departments and positions of the people who manage them may vary, while the functionality of the employees is quite similar.

The job of the chief engineer

Chief engineer - a position that is found in organizations that manufacture products that contain their own fleet of vehicles or a fleet of specialized equipment: agricultural organizations, factories, factories, transport companies, and so on. The work of a chief engineer requires a higher technical education in the direction of the organization. It is on him that the technical equipment of the enterprise with spare parts, fuels and lubricants, the necessary equipment and machines, the well-coordinated work of mechanics and maintenance personnel depends. From his proposal, purchases of all technical units, their spare parts, hiring of people who service all these machines and devices are made. The job of a technical director is similar. In some organizations, these are identical concepts.

Production Director

Production director - a position that makes sense in organizations that produce any product. This official is busy with the fact that he studies the structure of the market, supply and demand, studies the offers of competitors, determines what needs to be produced, at what prices and in what volumes. The volume and quality of products, their price and placement on the market depend on the effectiveness of its work. His tasks include finding suppliers of raw materials of good quality and at an acceptable cost, launching the release process, and monitoring it throughout the entire production cycle.

Specialists

Positions in the company are not limited to managers different levels. Without ordinary specialists, they will simply have no one to manage. It is customary to call applicants with higher or secondary vocational education, who graduated from an educational institution in a certain specialty, specialists. In organizations, the positions of specialists include: accountant, managers of various directions, operators, engineers, doctors and others.

Job positions

There are also job positions in the company. Unlike the positions described above, workers do not require specific education, experience, or characteristics. Such work usually requires the performance of certain physical actions: loaders, order pickers, drivers, cleaners. To perform these tasks, there is no need for higher education, work experience, organizational or leadership abilities. Enough to have physical health and endurance.

Is it legal to hold two jobs at the same time?

Is it possible to specify two main positions (each part-time) in one employment contract concluded with a medical worker, given that work in both positions will be performed during full-time work?

According to articles 15 and 16 of the Labor Code of the Russian Federation, labor relations arise on the basis of employment contract and imply the personal performance by the employee of a labor function for a fee.
The labor function must be indicated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

At the same time, labor legislation does not provide for the possibility of specifying several labor functions in one employment contract.
Under the labor function in Art. 15 and Art. 57 of the Labor Code of the Russian Federation is understood as either work by position in accordance with the staff list, profession, specialty, or a specific type of work assigned to the employee.

In this case, we are talking about positions provided for by the staffing table.
This means that the labor function in this case is work in a specific position in accordance with the staffing table.
We get the following ratio: one employment contract - one labor function - one position from the staff list.

Thus, in an employment contract concluded with an employee, only one specific position, named in staffing organizations.

Note that the Labor Code of the Russian Federation does not define such a thing as a rate. Based on the meaning given to this term, work in any particular position during the entire normal working hours is considered to be full-time work. Accordingly, if an employee works part-time, then it is assumed that he must work half of the normal working time, that is, work in this position part-time (a week). Indirectly, our opinion is confirmed in the letter of the Ministry of Labor of the Russian Federation and the Ministry of Science of the Russian Federation dated 23.08.1994 N 1623-RB \"On the establishment of additional payments for the degrees of Doctor of Science and Candidate of Science \".

Thus, the condition of working full-time or part-time determines only the length of working time, but does not affect the terms of the employment contract on the labor function. Two part-time jobs do not constitute one full-time job.
The performance of work for the same employer also in the second position, from the point of view of labor legislation, is either a combination of positions or internal part-time work, depending on what time such work is performed.

Let's consider both cases in more detail.

1. The combination of professions (positions) is the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another profession (position) for additional payment(Article 60.2 of the Labor Code of the Russian Federation).
Hence, extra work in a combined position is performed at the same time as the work in the main position. In other words, the condition of combining positions does not increase the length of working time.

Recall that an assignment to an employee of additional work in another position is possible only with his written consent. In this case, the employee is paid an additional payment, the amount of which is established by agreement of the parties to the employment contract, taking into account the content or volume of additional work (Article 151 of the Labor Code of the Russian Federation).
The employee has the right to early refuse to perform additional work, and the employer - to early cancel the order to perform it, notifying the other party in writing no later than three working days (part four of article 60.2 of the Labor Code of the Russian Federation).

2. An internal part-time job is understood as the performance by an employee, in his spare time from his main job, of another regular paid job for the same employer under a separate employment contract (Article 60.1 of the Labor Code of the Russian Federation).
Thus, the performance of duties in two positions, one of which the employee occupies as a part-time worker, is carried out at different working hours.
Features of the regulation of the work of part-time workers are established by Chapter 44 of the Labor Code of the Russian Federation.
Part-time workers are paid in proportion to the time worked, depending on the output, or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

The employment contract must indicate that the work is a part-time job (Article 282 of the Labor Code of the Russian Federation).
When formalizing labor relations with a part-time worker, it should be remembered that Article 282 of the Labor Code of the Russian Federation prohibits part-time work for persons under the age of 18, in hard work, work with harmful or hazardous conditions labor, if the main work is associated with the same conditions, as well as in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

Features of regulation of part-time work medical workers established by the Decree of the Ministry of Labor of the Russian Federation of 30.06.2003 N 41 \"On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers \".

Prepared answer:
Legal Consulting Service Expert GARANT
Verkhova Nadezhda

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Kikinskaya Anna

November 6, 2009

Task 2

Chief Accountant LLC "Thought" Turgina, who worked part-time, on April 1, received a written warning about her dismissal from April 15 in connection with the hiring of a permanent employee in her place. On the same day, she turned to the management with a request to accept her for the same position at her main place of work.

Will it be legal to dismiss Turgina on April 15 if the head refuses her request?

The study of this topic should begin with an analysis of Art. 37 of the Constitution of the Russian Federation, where the provision on freedom of labor is fixed.

The employment contract in the system of labor law occupies a central place. It can be seen in three aspects: 1) as an agreement to work as a worker; 2) as a legal fact, which is one of the main grounds for the emergence and form of existence of an employment relationship in time; 3) as one of the central institutions of labor law. Each of these aspects needs to be considered separately.

In Art. 56 of the Labor Code of the Russian Federation provides a legal definition of an employment contract.

One of important issues to which the student should turn his attention is the content of the employment contract. The content of any contract is understood as the totality of its conditions. They define the rights and obligations of the parties. The content of the employment contract is the totality of its conditions. It is necessary to distinguish between the types of conditions of an employment contract.

When covering the content of an employment contract, it is necessary to dwell in detail on probationary period. It is established by agreement of the parties in order to verify the compliance of the employee with the work assigned to him. The test condition must be specified in the employment contract, as well as in the order when hiring. It is necessary to study Art. 70 and 71 of the Labor Code of the Russian Federation, to know what the terms of the test are, who is not subject to a test when hiring, and what are the consequences if the test result is unsatisfactory.

The issue of legal guarantees for employment requires serious study. Guarantees for employment are provided for in Art. 64 of the Labor Code of the Russian Federation and Art. 5 of the Law of the Russian Federation "On Employment in the Russian Federation". Employment guarantees can be general and special for certain categories workers.

The process of concluding an employment contract is the employment of a citizen as an employee. In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded only in writing.

Attention should be paid to the work book, as it is the main document about labor activity employee (see article 66 of the Labor Code of the Russian Federation).

It is necessary to distinguish between types of employment contracts according to the period of their conclusion.

You should know in what cases a fixed-term employment contract is concluded. These cases are directly provided for by law (in Article 59 of the Labor Code of the Russian Federation and other federal laws).

The student should know well the features of certain types of employment contracts. These features can be in the order of their conclusion and content. Describing one or another type of employment contract, it is necessary to disclose the regulatory framework.

Particular attention should be paid to employment contracts concluded with the head of the organization, with temporary and seasonal workers, with part-time workers, with teaching staff, with civil servants, with persons working in the regions of the Far North and areas equivalent to them, as well as with persons working for employers - individuals.

Normative legal acts

1) Civil Code of the Russian Federation - M., 2002.

2) Labor Code of the Russian Federation of the Federal Law of the Russian Federation of December 30, 2001., No. 197 FZ, as amended. dated 07/24/2002 and 07/25/2002 // SZ RF. - 2002. - No. 1. - part 1. – Art.3; No. 30. - Art.3014; No. 30. – Art.3033.

3) Federal Law of the Russian Federation "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas" dated February 19, 1993. No. 4520-1 as amended. dated 08.01.98 // Vedomosti of the Supreme Council of the Russian Federation. - 1993. - No. 16. - Art.551; Russian newspaper. - 1998. - January 13.

4) Federal Law of the Russian Federation “On higher and postgraduate vocational education" dated 22.08.96 No. 125-FZ // SZ RF. - 1996. - No. 35. - Art. 4135.

5) Federal Law of the Russian Federation "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 97-FZ // SZ RF. - 2004. - No. 31. - Art. 3215.

6) Federal Law of the Russian Federation "On the basics municipal service in the Russian Federation" dated 08.01.98. No. 8-FZ// SZ RF. - 1998. - No. 2. – Art. 224.

7) Federal Law of the Russian Federation "On Alternative Civil Service" dated 25.07.2002. No. 113-FZ// SZ RF. - 2002. - No. 30. – Art. 3030.

8) Law of the Russian Federation "On Education" dated July 10, 1992, No. 3266-1, as amended. Federal Law of January 13, 1996 // SZ RF. - 1996. - No. 3. - Art. 150.

9) Law of the Russian Federation "On the status of judges in the Russian Federation" dated 26.06.92. No. 3132-1 // Vedomosti RF. - 1992. - No. 30. - Art.1792.

10) Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation" dated 17.01.92. No. 2202-1 as amended. dated February 10, 1999 // SZ RF. - 1995. - No. 47. – Art. 4472.

11) Oh work books: Decree of the Government of the Russian Federation of 16.04.2003. No. 225 // SZ RF. - 2003. - No. 16. - Art.1539.

12) Regulations on the certification of a federal civil servant approved. Decree of the President of the Russian Federation of 09.03.96. No. 353 // SZ RF. - 1996. - No. 11. - Art. 1036.

13) On approval of the Regulations on holding a competition for filling a vacant state position in the federal civil service: Decree of the President of the Russian Federation of April 29, 1996 No. 604 // SZ RF. - 1996. - No. 18. - Art. 2115.

14) On the procedure for concluding labor contracts and certification of heads of federal state unitary enterprises: Decree of the Government of the Russian Federation of 16.03.2000. No. 234 with rev. and additional dated 09.06.2000, dated 04.10.2002 // SZ RF. - 2000. - No. 13. - Art. 1373; 2001. - No. 31. – Art. 3281; Bulletin of the Ministry of Labor of the Russian Federation. - 2000. - No. 4. - S. 26-32; 2002. - No. 10. - P. 12.

15) On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers: Decree of the Ministry of Labor of the Russian Federation of 06.30.2003. No. 41 // Russian newspaper. - 2003. - June 30.

16) On the approval of the Basic Provisions on the procedure for attestation of employees of institutions, organizations and enterprises that are on budget financing: Resolution of the Ministry of Labor of Russia No. 27 and the Ministry of Justice of Russia No. 8/196 dated October 23, 1992 // BNA RF. - 1993. - No. 1.

17) Regulations on the procedure for filling positions of scientific and pedagogical workers in a higher educational institution Russian Federation: approved. by order of the Ministry of Education of Russia dated November 26, 2002 No. No. 4114 // Bulletin of the Ministry of Labor of the Russian Federation. - 2002. - No. 2. - P. 118-122.

Main literature

37. Gusov K.N. labor law Russia: textbook rivers. Ministry of Education of the Russian Federation / Gusov K.N. - M.: Lawyer; Prospect, 2004. - 496 p.

38. Nikonov D.A. Labor law: tutorial rec. UMO / D. A. Nikonov, A. V. Stremoukhov, N. D. Amaglobeli; Under. ed. A. V. Stremoukhova. - M. : UNITI-DANA, 2003. - 407 p.

39. Nikonov D.A. Labor law: a course of lectures / Nikonov D.A., Stremoukhov A.V. - M.: Norma, 2008. - 431 p.

40. Presnyakov M.V. Labor law of Russia: textbook / Presnyakov M.V., Channov S.E. - M.: Jurist, 2007. - 475 p.

41. Labor law of Russia: textbook add. Ministry of Education of the Russian Federation / ed. Yu.P. Orlovsky, A.F. Nurtdinova. - M.: MTsFER, 2004. - 880 p.

42. Labor law of Russia: textbook: short course/ ed. Yu.P. Orlovsky, A.F. Nurtdinov. - M. : INFRA-M, 2003. - 402 p.

additional literature

19. Vasiliev V.A. Protection of labor rights of citizens during the passage of alternative civil service // Labor Law. - 2009. -№9

20. Kolosovsky A.V. Features of hiring and dismissal of the head of the organization // Labor law. - 2010. - No. 2

21. Kurochkina M.G. On the problems of accounting for the working time of employees and its payment by employers-individual entrepreneurs // Labor Law. - 2012. - No. 1

22. Petrov A.Ya. Features of the regulation of labor relations of certain categories of workers and the system of Russian labor law // Labor Law. - 2008. - No. 10

23. Chanov S.E. Some issues of delimitation of an employment contract from contracts with state and municipal employees // Labor Law. - 2011. - No. 5

Practice #12

Topic 12. Changing the employment contract (translation, changing the essential working conditions). Moving - 4 hours

Purpose of the lesson: development of skills and abilities of drafting amendments to an employment contract, determining the conditions for the legality of a change in an employment contract

Issues for discussion:

1. The concept and types of translations. Differences between transfer and transfer.

2. Translation in case of production need.

3. Move.

4. The concept and grounds for suspension from work. Differences between dismissal from work and transfer and dismissal.

5. Change of essential working conditions.

6. Additional guarantees for transfers.

7. Legal consequences of illegal translation.

Practical lesson. Designed for in-depth study of the discipline. Plays an important role in developing students' skills to apply the acquired knowledge to solve practical tasks together with the teacher. The structure of practical classes: introduction of the teacher; answers to students' questions on obscure material; practical part as planned; the final word of the teacher.

Test is designed to identify the level of assimilation of the conceptual apparatus of the discipline.

Individual task students prepare on their own and demonstrate the results in class.

Control questions for self-examination:

1. What are the features of transferring a pregnant woman to lighter work?

2. What are the features of the transfer to another job at the initiative of the military registration and enlistment office?

3. What are the differences between translation and displacement?

Task 1

Timofeev was accepted into the automobile plant No. 5 as a driver of a passenger car. By order of the car factory, he was moved to work on the bus. Timofeev refused to work on the bus.

Is Timofeev's refusal justified?

Task 2

Citizen Mitrofanov was accepted into CJSC Avtokombinat No. 3 as a driver of a passenger bus. For breaking the rules traffic he was deprived of the right to control in accordance with the established procedure vehicles for six months. By order of the car factory, he was transferred for this period to work as a car mechanic, but Mitrofanov began to new job refused.

Is Mitrofanov's refusal justified?

Is this transfer legal?

How to resolve the current problem?

Task 3

Using the literature on office work, draw up a draft order for the transfer of a working tool shop to another job.

The legislator guarantees the employee those terms of the contract that were agreed upon at its conclusion, and, as a rule, does not allow their unilateral change.

When studying the issue of transferring to another job, it is very important to understand the very concept of transfer, its difference from moving to another workplace.

According to Art. 72 of the Labor Code of the Russian Federation, a transfer is a change in a labor function or a change in the essential terms of an employment contract.

Labor law connects the concept of transfer to another job, first of all, with a change in the place of work of an employee or his labor function (specialty, qualification, position). Remember that translation always means change. employment relationship employee with employer. By general rule transfer to another job is possible only with the written consent of the employee. An exception to this rule is a temporary transfer at the initiative of the employer in accordance with Art. 74 of the Labor Code of the Russian Federation. You should be well aware of the conditions and procedure for the translation of the specified article.

The student must know the classification of types of transfers to another job, the grounds and conditions for the transfer for each of its types. The current labor legislation provides for a different classification of transfers into types: by terms, depending on the place, depending on the initiative.

It is also necessary to consider the issue of additional guarantees for transfers established by law for certain categories of workers, as well as legal consequences illegal translation.

Practice #13

Are all employees eligible to work part-time? Is it possible to hold two leadership positions in different enterprises?

It should be borne in mind that in relation to employees of certain professions and positions with special conditions and working conditions, whose additional work may entail consequences affecting their state of health or production safety, the heads of organizations, together with the trade union committee, may impose restrictions on part-time jobs. Restrictions may be set for workers employed in work with harmful conditions labor. In the event that a decision is made to limit part-time work for these employees, an order must be issued in the organization with a list of industries, workshops or specific professions, positions in which part-time work is not allowed.

It is forbidden to perform part-time work for persons under 18 years of age and pregnant women in order to protect their health.

It is also forbidden to perform part-time paid work (except for scientific, teaching and creative activities):

employees of the state apparatus (clause 2 of the Decree of the President of the Russian Federation of 04.04.1992 N 361 "On the fight against corruption in the public service");

civil servants (Article 11 of the Federal Law of July 31, 1995 N 119-FZ "On the Fundamentals of the Civil Service of the Russian Federation");

judges (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges of the Russian Federation");

municipal employee (Article 60 of the Federal Law of August 28, 1995 N 154-FZ "On general principles organizations local government in the Russian Federation"), etc.

In accordance with the Regulations on the conditions of part-time work (clause 10), holding two managerial positions at the same time (except for the positions of a foreman) is not allowed, unless otherwise provided by law. This rule corresponds to the norm of the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 "On part-time work" (paragraph 3, clause 1).

However, by decision of the Supreme Court of the Russian Federation dated December 14, 2000 N GKPI 2000-1293, this paragraph was declared invalid due to the restriction of the rights of citizens guaranteed by the Constitution of the Russian Federation (Article 37) to free labor, to freely dispose of their abilities for work, to choose the type of activity and professions. Such restrictions may be established by federal law.

In particular, federal law dated December 26, 1995 N 208-FZ "On Joint Stock Companies" to the General Director and members of the Management Board joint-stock company a special procedure has been established for part-time work in two managerial positions, but with the obligatory consent of the Board of Directors (Supervisory Board).