An employer may need to rename a position in the staffing table in many cases, and in doing so, he must follow the statutory procedure. The required steps and procedures may vary depending on a number of circumstances, such as whether a job title is being renamed with or without a job change. But apart from that each side employment contract other nuances associated with the renaming of a position should be taken into account, for example, the mandatory recording of changes not only in the staffing table, but also in the employee's work book, as well as in the employment contract.
Is it possible to rename a position in the staffing table - the norms of the Labor Code of the Russian Federation
It is a document that is mandatory for use in almost all business entities that carry out labor relations with employees. It provides not only fixing the direct number of employees of the enterprise, but also regulates the positions of employees, the payment system and other features of their labor activity. At the same time, the recruitment of new employees and other personnel procedures should be carried out exclusively in accordance with the current staffing table.
Decree of the State Statistics Committee of the Russian Federation No. 1 dated 01/05/2004 fixes in its standards the form staffing T-3. This form was mandatory for use by all business entities until 2013, however, at the moment the form of the document is free and enterprises have the opportunity to independently choose the format for maintaining this documentation, provided that it contains all the mandatory information in the T-3 form information.
The mandatory staffing is not directly enshrined in the provisions labor law directly. Indirectly, the need for its presence is indicated by the provisions of Articles 15 and 57 of the Labor Code of the Russian Federation, as well as the norms of the current legislation in matters of maintaining work books. The only business entities that can exclude the use of the staffing table from their duties as an employer are micro-enterprises.
Accordingly, given the importance this document and its legal significance, the renaming of the position in the staff list should be displayed first. At the same time, this requirement applies, among other things, to situations where a change in the name of a position practically does not change the actual labor function of the employee, but simply affects the very name of the job, profession or skill level.
Reasons for renaming a position in the staffing table
Almost any enterprise strives for development, and one of the elements of development is a change in staffing. You can read more about the grounds for changing the staffing table in, here, first of all, the procedure for renaming posts with the preservation of the labor function or with its change will be considered first of all. A change in the name of a position in the staffing table can be carried out for various purposes, which include:
The employer can meet the employee halfway and rename the position to a more prestigious one in order to improve the work history and the corresponding entry in the work books.
Optimization personnel policy may also include the merger of certain positions, or vice versa - their division, which may also entail their renaming.
The employer may find other reasons for renaming positions in the enterprise. Carrying out this procedure is his right, and it will not be mandatory in every situation.
Procedure for renaming a position in the staffing table
The current legislation provides for the observance of a certain procedure for renaming a position in the staffing table. Like any other local normative act, affecting labor obligations employees and the wage system, in accordance with the provisions of Article 372 of the Labor Code of the Russian Federation, the staffing table can only be changed subject to notification of the primary body representing the interests of workers, which is most often a trade union organization. The representative body of employees has the right to make comments to the employer and propose changes, but the employer is not obliged to forcefully accept these amendments or restrictions.
It is recommended that the employer also attach to the draft staffing changes and an explanation of their actions. This procedure is not mandatory, but can later in case of occurrence labor disputes confirm his correctness both in court and in pre-trial order. In general, the procedure for renaming a position in the staff list after notifying a trade union or other body representing the interests of workers may look like this:
Separate nuances should be taken into account by the employer, depending on how exactly the position will be renamed and what consequences it will entail.
If the employee is against making changes, including renaming the position, regardless of the circumstances in which they occur, then he has the right to demand a transfer from the employer. The employer is obliged to offer such an employee other vacancies suitable for his qualifications, including those with lower pay, and in case of refusal to take them or in their absence, he has the right to dismiss the employee who does not agree to rename the position.
If the enterprise renames a position in the staff list without changing the labor function of the employee, the remuneration system and its size, official duties and place of work, the employer can do without documentation employee transfer. He can also avoid the obligation to notify the trade union organization, since in this situation the rights of the employee cannot be violated in any way, because neither pay nor job duties change.
In any case, the employer must notify the employee and carry out all other necessary procedural procedures.
In connection with the change in the staff list, several positions were renamed, for example, there was a "forwarding driver", and became a "car driver". How to arrange it correctly? Is there a transfer of an employee from one position to another in this case?
After considering the issue, we came to the following conclusion:
When renaming positions without changing the labor function, transfer to another job does not occur. When renaming positions, you must make changes to, make an appropriate entry in work book.
Rationale for the conclusion:
According to Art. 57 of the Labor Code of the Russian Federation, an element of an employment contract is the employee's labor function - work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee.
As a rule, the title of the position changes simultaneously with the change in the range of duties. In such a situation, the employee is transferred (Article 72.1 of the Labor Code of the Russian Federation).
However, in the situation under consideration, as follows from the question, the list of job responsibilities of employees, that is, the very content of the labor function, does not change, it is planned to change only the titles of positions. We believe that in such a situation we are not talking about changing the labor function of employees (Generalization of the cassation and supervisory practice of the Irkutsk regional court on claims for reinstatement in 2007 and the first half of 2008).
However, both a complete change in the name of the position, and a partial one, even if the content of the employee's labor function remains unchanged, is a change in the terms of the employment contract.
By virtue of Art. 72 of the Labor Code of the Russian Federation, changing the terms of an employment contract is allowed only according to the writing by agreement of the parties, with the exception of cases provided for by the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation establishes exceptional cases when it is allowed to change the terms of an employment contract at the initiative of the employer. So, according to Art. 74 of the Labor Code of the Russian Federation, at the initiative of the employer, it is allowed to change any condition of the employment contract, except for the labor function of the employee, if the previous condition cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons ). About upcoming changes certain parties the terms of the employment contract, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing no later than two months (part two of article 74 of the Labor Code of the Russian Federation).
Within the meaning of Art. 74 of the Labor Code of the Russian Federation between changes in organizational or technological working conditions and the need to change the terms of an employment contract should be a causal relationship.
In the event of a dispute, the employer is obliged to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization production, and did not worsen the position of the employee in comparison with the conditions collective agreement, agreements (clause 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts Russian Federation Labor Code Russian Federation").
In our opinion, it is rather difficult to imagine such organizational or technological changes in working conditions under which the former name of the position could not be retained. Therefore, if there are no such circumstances, the employer should offer employees to conclude written agreements with him on amending the terms of the employment contract on the title of the position.
Changing the name of the position entails the need to make changes to the staffing table, the unified form of which was approved by the Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 N 1 (hereinafter - Decree N 1).
According to the Guidelines for the use and completion of primary accounting documentation on accounting for labor and its payment, approved by Resolution No. 1, the staffing table is approved by an order (instruction) signed by the head of the organization or a person authorized by him. Changes to the staffing table are also made in accordance with the order (instruction) of the head of the organization or a person authorized by him. The effective date of the amended staffing table must coincide with the date specified in the notification (if the position name is changed in accordance with Article 74 of the Labor Code of the Russian Federation) or in the agreement of the parties (if the position is renamed in accordance with Article 72 of the Labor Code of the Russian Federation).
According to the fourth part of Art. 66 of the Labor Code of the Russian Federation, information about the employee and the work performed by him is entered in the work book of the employee. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, manufacturing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules). The procedure for filling out work books is established by the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instruction).
In accordance with paragraph 10 of the Rules, all records of work performed, transfer to another permanent job are entered in the work book on the basis of the relevant order (instruction) no later than a week. Paragraph 3.1 of the Instructions provides that column 3 of the section "Information about work" of the work book indicates the name of the position (job), specialty, profession, indicating qualifications, as a rule, in accordance with the organization's staffing table.
According to the same paragraph of the Instruction, changes and additions made in the prescribed manner to the organization's staffing table are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer. The Instruction does not provide for a specific wording of the entry in the work book in connection with a change in the name of the position, if such a change did not entail a change in the employee's labor function (job duties).
We believe that in the case under consideration, the employer should, on the basis of an order to amend the staffing table, make an entry in the work book about renaming the position (for example, such an entry may look like this: "The position" forwarding driver "was renamed to" car driver ", and in column 4 contains the reason for the renaming - the employer's order to change the staffing table, its date and number).
Prepared answer:
Legal Consulting Service Expert GARANT
Solovyov Oleg
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria
The material was prepared on the basis of an individual written consultation provided as part of the service
To change a position on a staff, you need to follow a certain procedure. Deviation from it is threatened with serious legal consequences. Consider in what sequence to make adjustments and what documents you need to download.
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How to rename positions: procedure
First of all, it is necessary to determine the procedure for changing the name of positions on the staff. Employees are hired for the positions indicated in the staff list with fixed salaries. Unlike other local regulations, the staff does not apply to official duties, so there is no need to familiarize employees with it against receipt.
The organization has the right to apply the unified form No. T-3 or develop a document form on its own. Regardless of the form, the title of positions, structural units should be included in the content of the document.
Attention! The discrepancy between the title of the position in the staff list, in the employment contract concluded with the employee, is regarded as a violation of Article 57 of the Labor Code of the Russian Federation. This may entail administrative liability (5.27 of the Code of Administrative Offenses of the Russian Federation).
The change of position in the staffing table is carried out in compliance with certain features. The order of the procedure directly depends on the legal qualification of the situation. Sometimes it is worth following the procedure for reducing a position on a staff. Choosing the wrong option will result in a violation of applicable labor laws.
how to make changes to staffing
From the article you will learn how often you can make changes, in what sequence, what to do if the changes are massive, what documents to be issued along with making changes to the staff.
Changing the name of the position in the staffing table
Renaming a position in the staffing table: the procedure depends on the basis on which this was required, the reasons may be different, these include:
- correction of technical errors or inconsistency of the name, which is indicated in the employment contract with the employee;
- change only the name of the position without making changes in the content of the essence of the work performed;
- change of name by decision of the company's management in connection with the substantive and / or organizational transformations that are carried out in the unit, and so on.
In order to make the right adjustments, it is necessary to determine the legal qualification of the relevant changes in terms of the impact on the legal relationship with the employee, for this you need to determine what situation is taking place:
- No legal meaning for labor relations For example, the position is vacant.
- It is necessary to change the terms of the current employment contract without making adjustments to labor function.
- Provide translation.
Making changes to the staffing table is within the authority of the employer (letter of Rostrud dated March 22, 2012 No. 428-6-1). In the first variant, this is implemented in its pure form. In other options, changing the position in the staffing table, the procedure includes issuing orders for personnel, preparing and processing a number of documents. Next, we will consider the procedure for making changes, the options for the employer's actions in each specific situation.
★ The expert of "System Kadra" will tell you how to indicate the names of positions and professions when compiling the staffing table
From the article you will learn how to enter the name of the position on the staff, how to determine the name of the position, what documents to use for this.
How to enter a new position in the staffing table
Let's consider how to introduce a new position in the staff list or change the name, what documents to prepare for this, whether it is necessary to indicate the position code, the corresponding abbreviations. It should be noted that the traditional procedure applies in both cases:
- prepare a draft order on amendments, a new edition of the staff;
- approve the project from the head;
- issue an order for the project with signing and registration.
Approve new edition staffing is sufficient only when the position being changed is vacant or its name is brought into line with the concluded employment contract. In other cases, the list of actions is expanded or changed.
★ An expert from the Kadrovoe Delo magazine will tell you
From the article you will learn when an employer should name positions according to the professional standard. What is considered a restriction associated with the title of the position. How to rename a position without the consent of the employee.
How to add a position to the staff list
Entering a new position in the staffing table consists of organizational measures and documentation:
- determine the need to add a staff unit;
- collect statistics on the workload per specialist;
- based on labor costs, adjust the standards for the functions performed;
- draw up a memorandum addressed to the head and enter in it justifications that allow you to enter a staff unit in the staffing table;
- Attach a draft job description to the note.
The leader issues an order. The staffing table is being adjusted. If the changes are massive, it is rational to prepare and approve a new staff. The document comes into force from the date specified in the order on its approval.
Order to amend the staffing table. Introduction of a new position
What to do if you need to change the position: procedure
Consider whether it is possible to rename a position in the staff list without changing the duties of an employee. Such an option is possible. It should be borne in mind that in this case they conclude an additional agreement to a previously executed labor contract (Article 72 of the Labor Code of the Russian Federation). Taking into account paragraph one of Article 74 of the Labor Code of the Russian Federation, the employer has the right to unilaterally make the appropriate changes by sending a written notice to the employee two months before the changes are made. The necessary entry is made in the work book of the employee with reference to the order. But in this order, changes are made only if the labor function remains the same.
What documents to issue if not only the name of the position changes, but also labor duties
To do this, you need to carry out the following procedure:
- add a position with a different name to the staff;
- conclude an additional agreement with the employee to the employment contract on transfer to a new position. This can only be done with the consent of the employee;
- make the necessary entry in the work book;
- exclude the former position from the staff list.
It must be borne in mind that a position cannot be excluded from the staff until it is occupied. When changing labor functions with a change in the name of the position, a transfer is carried out. The former staff unit is excluded.
From the article you will learn how to enter all the information without errors. Whether it is necessary to indicate the positions of temporary or seasonal employees in the staffing table. Is it mandatory to include home workers in the staff of the organization and the staffing table.
The procedure for renaming a position in the staffing table depends on the basis on which it was required, the reasons may be different. For example, in order to change the title of a position, the terms of the employment contract are adjusted by agreement of the parties or taking into account Article 74 of the Labor Code of the Russian Federation. When changing the labor function, a transfer to a new position is made with the exclusion of the previous one and the inclusion of a new name in the staff.
In practice, situations are not uncommon when a company needs to rename a position without changing the labor function. An example is the desire to name the position of a specialist more harmoniously, solidly in order to produce best impression on counterparties with whom this employee interacts. The law leaves the company the right to make planned adjustments to the staffing table, but obliges it to receive an acceptance from a specialist and sign an additional agreement with him, reflecting the essence of the changes that have occurred.
What is a position and labor function
The current legislation leaves the employing company the right to name the position of a specialist at its discretion, if the chosen title does not affect the need to provide the employee with preferences and benefits. In order not to be mistaken, one should be guided by the provisions of the Handbook, approved by order of the Ministry of Labor No. 37, adopted in 1998.
In practice, firms actively use the freedom in the title of positions. For example, a personnel officer in different companies can be called an hr manager, a recruitment and adaptation specialist, an HR inspector, etc.
The labor function of an employee is fixed in a contract signed by a specialist and in the company's staffing table. Its change entails the need to design personnel documents(order, additional agreement to the employment contract), a proportional increase in wages.
The following is recognized as a change in the labor function:
- expansion of the list of functions performed by a specialist;
- narrowing the range of tasks to be solved;
- change of individual duties assigned to the employee to new ones.
Any modifications in the functionality performed are carried out with the written consent of the hired specialist. The firm is obliged to notify him of the planned changes no later than two months before they come into force.
The job title is a brief verbal description of the job function. These positions are directly interconnected: if an organization accepts a personnel inspector into its ranks, he will be entrusted with a set of tasks provided for by the "staff" for a particular position. It is impossible to arbitrarily change the name of a vacancy to something else, for example, “HR-specialist”.What should an enterprise do if it does not want to correct the labor function of a specialist, but wants to name his position in the “staff” more solidly or harmoniously? The law leaves the employer such a right, but obliges to obtain consent from the employee and sign an additional agreement with him.
Read also Series of work books by year of issue
The procedure for renaming an employee's position
From the point of view of the Labor Code of the Russian Federation, renaming a position is a change essential conditions labor contract. It can be done in two ways:
- By agreement of the parties, the provisions of Art. 72 of the Labor Code of the Russian Federation;
- at the initiative of the employing company - the situation is regulated by the rules set forth in Art. 74 of the Labor Code of the Russian Federation.
If the employer is the initiator of the change, he must send a written notice to the employee no later than two months before the planned changes. The current legislation does not offer a unified form of the document. It only stipulates that it must indicate the future name of the position of a specialist in the company, the reasons for the adjustments made (for example, reorganization of the department, changes in the staffing table, the use of new production technologies, etc.).
Important! The paper is handed over to the employee against signature or sent by letter with acknowledgment of receipt.The specialist who received the notification usually agrees to the new terms. To confirm his acceptance, he writes “I do not mind” on the document and puts down his own signature.
Another option for the development of the situation is the refusal of the employee. It should be noted that such an outcome is extremely unlikely: the renaming of positions is usually carried out in the interests of the staff. If the employee still does not agree with the changes, the company is obliged to offer him in writing alternative positions (including lower paid ones). If none of the options suits the specialist, the employment contract will be terminated under paragraph 1 of part 7 of Art. 77 of the Labor Code of the Russian Federation.
If the agreement of the parties is reached, two months after receiving the notification, an additional agreement to the labor contract is signed. It states:
- No. and date of the document;
- Company name;
- Full name and current position of the specialist;
- number and date of the contract, where adjustments are made;
- No. of the item to be changed and its new version;
- an indication that the remaining provisions of the contract remain unchanged.
The agreement must be signed by both parties. It is prepared in two copies: one is stored in personnel department enterprises, the second is issued "in the hands" of the employee.
There are many professions with obvious names: no one will ask questions about how to name an accountant, director or salesman in the staff list. But it happens otherwise: there is a functional list of duties, but it is not clear how to name the employee who will perform them. And does it matter? Why not call a cleaner a cleaning manager?
Whatever the reasons for which it is necessary to change the name, first of all, you need to decide whether the employee’s functionality changes - the algorithm of actions for these two situations will differ.
Let's remember two important rules when the name needs to be approached with special attention:
- The law provides for benefits and compensations (see Decree of the Cabinet of Ministers of the USSR of 01/26/1991 No. 10) - example 1.
- There are restrictions (for example, article 265 of the Labor Code of the Russian Federation, as well as Decree of the Government of the Russian Federation of February 25, 2000 No. 163) - example 2.
In addition, sometimes it is necessary to rename it due to a change in the qualification reference books (it used to be “labor protection engineer”, now it is “labor protection specialist”).
Example 1. If a miner involved in mine surveying is simply called a worker, the Pension Fund will not count the period of his work as a privileged one for the purpose of early retirement. It is necessary that the name correspond to that specified in the Unified qualification handbook and lists approved by the Resolution of the Cabinet of Ministers.
Example 2. If you hire a minor as a loader, the labor inspectorate may have questions (a teenager of 17 years old should not lift more than 4 kg), which means that it is better to name the position not “loader”, but, for example, “logistics department employee” .
Renaming a position without changing functions
In this case, the algorithm of actions is as follows:
- Get the employee's signature additional agreement on making amendments to the employment contract of the following content: “Express clause 1.1 of the employment contract dated as follows: “The Employer accepts the Employee for the position of ____________.”
- Prepare an order to rename the position in .
- Make an entry in the work book: "The position was renamed on the basis of the employer's order to amend the staffing table dated __.__.____."
- Make changes to your personal card (T-2 form).
Renaming a position with a change in functionality
The need for such adjustments may arise for various reasons:
- "vertical" movement of an employee, that is, a promotion;
- “horizontal” movement, when an employee begins to perform other work, but at the same level of the company’s hierarchy;
- the need to take into account the restrictions required by law (as in Example 2: a minor needs not only to change the name of the position, but also to correct the job description).
In all these cases, not just cosmetic changes occur - this is a translation into new job, which must be executed in an appropriate way (as required by Article 72 of the Labor Code of the Russian Federation).
The algorithm of actions is similar to the first case, but the content of the documents will be different.
- Signing an additional agreement on the transfer to a new job.
- Publication of the act "On the transfer of an employee to another job" (form T-5).
- Making adjustments to the work book and personal card (T-2 form).
In this case, the act must indicate:
- Full name of the employee;
- term of transfer (permanently or temporarily);
- information about the old place of work ( structural subdivision, position);
- the reason for the transfer;
- data on the new place of work, including the new salary;
- grounds (link to the supplementary agreement to the employment contract);
Note: in this case, you do not need to change the staffing table.
Order on transfer to another job, form T-5
Order on the introduction of a position in the staffing table
A situation is possible when new position simply not (as, for example, in the case of an occupational safety engineer). In this case, you need to rename the employee to "labor protection specialist", but first create such a position, that is, change the staffing table.
Order to withdraw from the staffing position
Sometimes it becomes necessary to exclude a position altogether. For example, continuing the case discussed above, Order of the Ministry of Social Development No. 559n abolished the position of “labor protection engineer”. Therefore, it is necessary to remove it by issuing an Order on the exclusion from the staff list of posts. Or you can combine two operations by issuing one general order (on the exclusion of one and the introduction of another). Don't forget to write in .