Can in commercial organization be the head of the legal department with no subordinates?
Answer
Yes maybe. AT staffing the position of the head of the department may be provided in the absence of other staff units in this department.
The rationale for this position is given below in the materials of "Systems Lawyer" .
Situation: Can a department consist of one head of that department
"Formally Labor Code The Russian Federation does not prohibit an employer from creating structural units(for example, a department), consisting of only one employee, in particular, the head of this structural unit.
However, by general rule and logically official duties The categories of "manager" involve the management of subordinate employees. For example, for the position of head of the personnel department, such an obligation is expressly provided for, approved. specified document responsibilities for managing department employees are also provided for other managers - the head of the department capital construction, the head of the equipment configuration department, the head of the quality control department, etc.
Wherein qualification guides as a general rule, are recommended documents for use. The exception is cases if the performance of work in certain positions or professions labor law links the provision of compensation and benefits (early pension, additional leave) or set some restrictions. Then the names of such positions and professions should correspond to the name from the directory, and the nature of the work for the position - to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Based on the general case, the staffing table may provide for the position of the head of the department in the absence of other staff units in this department. At the same time, in order to avoid inconsistencies in the title of the position and, if necessary, additional motivation for an employee who solely provides one or another area of the company's activities, his position can be designated as a deputy head in the corresponding direction. So, for example, instead of creating a personnel department consisting only of the head of this department, it can be recommended to introduce the position of deputy head of the organization for personnel into the staff list. *
Labor Code of the Russian Federation labor function(work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee) is prerequisite labor contract. The Labor Code of the Russian Federation does not contain a mention of a job description. However, as noted federal Service on labor and employment in a letter dated 09.08.2007 No. 3042-6-0, the job description is an integral tool of regulation labor relations, namely the document defining the tasks, qualification requirements, functions, rights, obligations, responsibility of the employee. Thus, in addition to indicating a specific labor function directly in the employment contract, its content can be detailed in the job description.
How to refuse the appointment of acting chief?
The court explained: “It is clear that the complexity of the work and the amount of work performed by a full-time deputy or assistant to an absent employee (in the absence of a deputy position) ... work during the absence of the replaced employee is much higher than during the period when the employees brought in work with a working supervisor.” Therefore, if employment contract concluded with the employee, the amount of additional payment for the performance of the duties of the head of the department during his absence is not established, the conclusion of an agreement with the first, in our opinion, is necessary. This agreement must reflect the amount of specific additional work, its content, the amount of additional payment.
Forums
Additional duties can be assigned to an employee only with his written consent, the employee may refuse them. Such additional work in another profession (position) can be carried out by combining professions (positions), and if additional work is provided for in the same profession (position), then you can simply expand the service areas or increase the amount of work. To fulfill the duties of an absent employee, an additional agreement is concluded to the employment contract, in which it is necessary to clearly indicate the job duties that the employee is assigned to perform.
The agreement must also specify the period during which the employee will perform additional work. If the employee does not agree with such conditions, he has the full right to refuse.
Acting: appointment, work, payment
Paragraph 1 of the Clarifications regarding the heads of structural divisions of organizations and full-time deputies, additional payment for the performance of duties without release from the main job was prohibited. However, the Supreme Court of the Russian Federation invalidated the relevant provisions in the part prohibiting the payment of the difference between official salaries an absent employee and a full-time deputy or assistant replacing him (determination dated 11.03.2003 No. KAS03-25). The Cassation Collegium of the Supreme Court of the Russian Federation pointed out that the provisions of the Clarification do not comply with the current legislation, since they allow the payment wages for the work performed during the absence of the head, not in accordance with the amount of work performed and the complexity of the work, which contradicts, in particular, the norms of Art.
21 and 151 of the Labor Code of the Russian Federation.
Acting Signatory Authority
Attention
The employee is entitled to an additional payment for performing the duties of the absent head of the department. In accordance with Art. 60.2 of the Labor Code of the Russian Federation, with the written consent of the employee, he may be entrusted with performing additional work during the established duration of the working day (shift), along with the work specified in the employment contract. In particular, in order to perform the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be entrusted with additional work both in another and in the same profession (position) (Art.
2 tbsp. 60.2 of the Labor Code of the Russian Federation). When performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee is paid an additional payment (part 1 of article 151 of the Labor Code of the Russian Federation). According to Art.
This article discusses issues related to the performance by an employee of the duties of a temporarily absent employee or the performance of duties for vacant position in cases where the employee is released from the performance of his main (former) work. Legal regulation relations related to the appointment of an employee as acting, is carried out by the norms of the Labor Code of the Russian Federation, Clarification of the State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 N 30/32 “On the Procedure for Payment for Temporary Substitution” (in force to the extent that it does not contradict the Labor Code of the Russian Federation) (hereinafter - Clarification ), other legal acts Russian Federation and normative legal acts of the USSR in force on the territory of the Russian Federation.
Note that in practice, some employers believe that if the job description referred to in the employment contract provides for the performance of the duties of the head in his absence, it is not necessary to make an additional payment for the performance of the functions of the absent head during his absence. We believe that this is due to the fact that before the entry into force of the Labor Code of the Russian Federation, the issues of remuneration of the so-called "full-time deputies" were regulated, among other things, by the provisions of the clarification of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated December 29, 1965 No. 30/39 "On the procedure for paying temporary replacement" , approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of December 29, 1965 No. 820/39 (hereinafter referred to as the Explanations).
In this case, the execution of the duties of the head is carried out on the basis of an order on the distribution of duties and a corresponding power of attorney. The procedure for appointing an acting head Appointment of an acting head directly depends on the organizational and legal form of a legal entity. In some types of organizations, there is a restriction on filling the position of the head. So, for example, in production cooperatives, only a member of the cooperative can be the chairman, therefore, the acting one must also be a member of the cooperative. AT business companies there are no such restrictions, therefore, any employee of the organization who has the appropriate professional skills, for example, the head of a structural unit, can be appointed acting head.
Labor Code of the Republic of Belarus). Also, the head is the sole executive body of a legal entity and other persons carrying out activities in accordance with the procedure established by law on behalf of a legal entity. Legal status executive bodies legal entities governs civil and labor law. At the same time, the legislation does not contain direct norms regulating the performance of the duties of a manager in his temporary absence.
Fulfilling the duties of a temporarily absent head means the prompt replacement of the position of the head due to the temporary inability of him to exercise his powers directly. In the established practice of business cooperation, the powers of a temporary acting officer are equated with the powers of a sole proprietor. executive body organization (manager).
Don't value your place
Your position is not valuable in itself - your contribution to the cause is valuable while you are in this position. Clinging to a place, no matter what benefits it brings, is devastating to your personality and career.You may feel lucky to have been made a leader. Luck comparable to winning the lottery, luck to grab and hold on to as soon as possible. This is an erroneous position: your boss is not an idiot, he chose you for this position for your qualities, and not by scientific poke. (If your boss is an idiot, this is also quite difficult to consider luck - get out of there as soon as possible). Your qualities are fickle, as are the circumstances outside, and the boss can just as well decide to remove you from this position.
There will be times when you will hate your chair and all those tedious and heavy duties that come with it. Your leadership position is just a stage in your life, just like any other. If your wife is pregnant, you will not hope that she is like another year or two with this cute tummy - on the contrary, you will make every effort to ensure that the pregnancy ends successfully and on time, no matter how long it may seem. It’s the same with work - no matter how pleasant the very fact of moving to a leadership position, trying to stay there for the sake of the fact itself is stupid, but trying to bring maximum benefit is right.
In turn, leaving a leadership position is not a disaster if you are sure that you did everything right. If you are the same worthwhile specialist as you were, you will not be lost and will not lose.
Say how to do it, don't do it.
As head of a department, you are, of course, responsible for its efficient work. But it will be a big mistake to systematically ensure this efficiency by personal efforts.Yes, most likely, you were chosen for the role of a leader because of your vast experience and skills. And now your task is not to apply these skills personally, but to make sure that as many of your employees as possible have them in the same volume.
The head of the transport department does not personally deliver customers to the bottling room directly to the fitting. He makes sure that the drivers Larionov and Kutko do not forget about their work.
The main mistake of the newly minted leader will be to do everything that is necessary and how it is necessary for his employees in silence. You can and should use your skills and experience to directly participate in difficult situations, but first of all, the situation should be such that your employee has already failed and probably will not succeed in the next attempt, and that is why you intervene. The employee must learn what exactly went wrong and how to detect it next time, as well as what needs to be done in such a situation and why, and what will be the result. Before his eyes, you must demonstrate this predictable result - only in this way is authority achieved.
In all other situations, believe that if you know exactly how to perform this or that ordinary operation in the best way, an employee can be assigned to perform it (if possible, without valuable instructions from you). He either copes or he doesn’t - and then you can prove yourself as a good boss, and not an ordinary employee.
People are not machines
It is especially common for IT people to treat others as if they were computers made of meat. The computer is designed so that when you give it the same program, it produces the same result. Guys in sweaters tend to expect the same from people, but a person is a living being who lives by his impermanence (and if we didn’t have this property, you personally would still be soiling diapers, and not reading this article).Your employees will misinterpret your instructions, show different working abilities in different days, get sick, quarrel, be lazy, change the type of activity, mow and not get enough sleep. These are living people, and this is the elemental base with which you will have to work in the near future. Ignoring these superpowers of people will not work - you will have to work directly with every fact of such manifestations, otherwise your department is under threat. Try to accept and, if possible, love this new aspect of your work.
It is you, and not someone else, who will have to deal with the personal problems of your employees, give or not give someone a day off, scold someone (personally, in the eyes) for jambs and shortcomings, praise someone (with all honesty people) for Good work, sort out quarrels and claims, set weekends and working days (as well as how long we work on December 31 - and whether we work at all), congratulate on birthdays and weddings, dismiss - in general, all personnel work now yours. Find out in advance how all these issues are resolved in your company. Think about whether these things were going well while you were not yet a leader - if something could be done better, then here it is, your chance to prove yourself. And don't expect people to be hammering away at their entire work routine for eight hours every day, even if you taught everyone how to do it. They will find a million reasons to do things differently.
To reduce the impact human factor to the work of your department, regularly think about automating routine operations.
Consider. Write it down. Store.
Your boss will be interested in how things are going, and you yourself too. Working in a leadership position will put your memory to the test - even if you are sure that it has not failed you before, now is the time to find backup options for storing facts.A verbal agreement is not enough. Even if you talked to someone and you definitely agreed, and both of you remember exactly what you agreed on, still send an email with the exact wording that you were able to agree on. Be maniacally consistent with this technique, especially when talking to superiors. We talked - realized - email.
If you have thought about something important for yourself - send an email about the results to yourself. If an emergency happens, it will be correct if it is reflected in the relevant logs, bugtrackers, wikis, and so on. Well, or at least in the form of an email to yourself. And in general, start keeping a diary of your department - what happened over the past day, week, month, why it is important. In six months, you will thank yourself.
Sooner or later, you will be required to report - think about what numbers serve as indicators of your work, with the help of which indicators you can see the problems in the department. Like a person's temperature: if it is above 37 degrees, it means he is sick, if it is below 30 or above 42 - he died. Now think about what you can measure in your work to identify dangerous trends. Start collecting these numbers, even if no one is asking you to yet - it's better to be able to provide them than to sit on a sudden report all night with your pants on fire. Read what is KPI.
Yes, it is unpleasant, but the bureaucracy is now part of your job, your personal responsibility. Again, it can be laid on the shoulders of automation, if you yourself know well what and how to write and read. Spend a few hours automating to save yourself days. Some of these responsibilities can be assigned to your employees, but just think about how much bureaucracy you yourself would endure as an employee - and try your best not to exceed this threshold.
"Don't try to hit, but hit."
No matter how good a leader you dream of being, you are still only as good as your department can tell. Deeds matter, not intentions. No one is interested in what you wanted to do there, what you thought on sleepless nights, what trainings and seminars you attended, what book you read and videos you watched. Read at least everything in the world, but as long as you do nothing with your department or do something wrong, your work on yourself is equivalent to the root of minus one.If fear is holding you back, remember that fear is not what is expected of you here. Everyone is scared, and you are the leader. And you decide. A solid solution is your staple on this site. You can make mistakes - and then the reporting system and the attentive attitude of management to you will not allow the mistake to cause too much damage. Over time, you will learn to look at the root of the reasons that led you to certain decisions, and develop the right decisions systematically (even if you make them by tossing a coin).
But if you hesitate, hide problems, avoid solutions - you work against yourself and no one will help you.
That's all. I sincerely wish you good luck and prudence.
The head of the sales department has a full-time deputy. In March, the manager has a vacation according to the schedule. I, as usual, issued an order for his leave and an order for the temporary transfer of authority to the “deputy”. She suggested that the "deputy" get acquainted with the order against signature, but he refused to do additional work without payment. He says that his job description does not provide for the performance of the duties of a manager, and he will not perform such work without additional payment. They decided to pay him a certain amount - and again the refusal. Now, you see, "a very small additional payment was established for him for such responsible work." But when it comes down to it, should we even ask his consent to assume the duties of a leader, since the position of deputy in itself implies “replacements” when necessary, right?
Yes, your situation is definitely not easy. There is actually a deputy head, but he does not want to replace the head! Problem? Undoubtedly. And, of course, she needs a solution.
Let us immediately recall that Art. 60 of the Labor Code of the Russian Federation ( further - the Labor Code of the Russian Federation) prohibits requiring an employee to perform work not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
When should you change your employment contract?
So, if the job description and (or) the employment contract of the deputy head does not provide for the obligation to perform the functions of the head during his temporary absence, then he is not obliged to do this by default every time the head is absent for some reason.
The performance of the duties of the head in this case should be formalized by assigning additional work to the deputy in accordance with Art. 60 2 of the Labor Code of the Russian Federation with an appropriate surcharge or by temporary transfer deputy for the position of head. Let's take a look at the scenarios.
IMPORTANT!
The deputy is not obliged to automatically perform the official duties of a temporarily absent head
Option 1. Fulfillment of the duties of a temporarily absent employee without exemption from work determined by the employment contract, in the manner prescribed by Art. 60 2 of the Labor Code of the Russian Federation.
So, having obtained the preliminary consent of the employee, the employer can conclude an additional agreement with him ( example 1) and issue an order to perform the duties of a temporarily absent head ( example 2).
Option 2. Temporary transfer to another job on the basis of Art. 722 of the Labor Code of the Russian Federation.
The second option is also additional agreement and an order to temporarily transfer the employee to another job.
IN THE SAME TIME...
In practice, in such cases, employers, without agreeing with the employee on the conditions for performing additional work, try to solve this issue in a radical way - they make a change in job description, supplementing this document with the corresponding obligation in the manner prescribed by Art. 74 of the Labor Code of the Russian Federation. However, this procedure does not comply with labor legislation for the following reasons.
Reason 1. According to Art. 74 of the Labor Code of the Russian Federation, such changes are possible provided that they were caused by changes in organizational or technological working conditions - a change in equipment or production technology, structural reorganization, etc.
So, based on Art. 56 of the Code of Civil Procedure of the Russian Federation, the employer is obliged, in particular, 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 jobs based on their certification, structural reorganization production, and did not worsen the position of the worker in comparison with the conditions collective agreement, agreements (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
That is, the employer is not entitled to independently amend the employment contract and (or) the employee's job description in the absence of the above reasons. And the simple desire of the head of the organization to amend the job description of the employee is not enough for this.
Reason 2. In accordance with Art. 74 of the Labor Code of the Russian Federation change earlier certain conditions possible, unless due to organizational or technological changes in labor such conditions cannot be maintained.
Reason 3. In the manner prescribed by Art. 74 of the Labor Code of the Russian Federation, at the initiative of the employer, any terms of the employment contract determined by the parties can be changed, with the exception of changing the labor function of the employee. Supplementing the job description new duty affects the content of the employee's labor function
The performance of the duties of a temporarily absent employee without release from work specified in the employment contract should be distinguished from a temporary transfer to another job in accordance with Art. 722 of the Labor Code of the Russian Federation, when the transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained.
Difference 1. The performance of additional work by fulfilling the duties of a temporarily absent employee implies that the employee is not released from his main job, which he must perform in full, while additional work can be entrusted to the employee in some part with appropriate payment. Also, such work can be distributed among several workers.
A temporary transfer to another job implies the complete release of the employee from the main job with the temporary execution of all job duties for another job to which he is being transferred.
The main differences between the performance of the duties of a temporarily absent employee without exemption from work determined by the employment contract, from temporary transfer to another job
Difference 2. The performance of additional work by performing the duties of a temporarily absent employee requires the mandatory written consent of the employee. Temporary transfer, as a general rule, is also carried out with the consent of the employee, however, it is also possible without his consent, but under certain circumstances: if the replacement of a temporarily absent employee is caused by emergency circumstances - a natural disaster or technogenic nature, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and any exceptional cases that endanger the life or normal living conditions of the entire population or part of it. At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee.
Difference 3. The amount of payment for additional work by performing the duties of a temporarily absent employee is stipulated by an agreement between the parties to the employment contract, while in the case of a temporary transfer to another job to replace a temporarily absent employee, payment, as a general rule, is made according to the work performed. When transferring to another job without the consent of the employee under certain circumstances specified above, as well as under the same circumstances, but when the employee is transferred to another job requiring lower qualifications, with his written consent, remuneration is made according to the work performed, but not below average earnings as before.
Difference 4. Both the employee and the employer may at any time refuse to perform additional work by performing the duties of a temporarily absent employee, notifying the other party in writing no later than three working days in advance. A temporary transfer is carried out for a certain period, until the expiration of which the parties cannot unilaterally initiate its termination. Changing the term of the temporary transfer is possible only by mutual agreement of the parties.
Summary
The deputy head of the department, if his job description and (or) employment contract stipulates the performance of the duties of the head for the period of the latter’s temporary absence, is not automatically obliged to perform the duties of the head. Such substitution requires registration in accordance with labor legislation and appropriate payment.
Difference 5. The term for performing additional work by fulfilling the duties of a temporarily absent employee cannot exceed the time of absence of the main employee. On the contrary, if at the end of the transfer period, for example, in connection with the dismissal of a temporarily absent employee, the employee was not provided with the previous job, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.
Since in your case we are talking about the performance of the deputy work both in his position and in the position of the temporarily absent head of the sales department, then there is a performance of the duties of a temporarily absent employee. The amount of additional payment for performing additional work simultaneously in two positions to a deputy should be established taking into account the content and (or) volume of additional work.
EXAMPLE 1
Supplementary agreement on the performance of duties of a temporarily absent head of the department without exemption from work stipulated by the employment contract ( fragment)
EXAMPLE 2
Order on the performance of duties of the temporarily absent head of the department ( fragment)
Can there be a department in the structure of an institution without the position of the head of the department, while the employees of this department will be directly subordinate to the deputy director?
Answer
Answer to the question:
As a general rule, the issue of distribution of posts by departments is decided at the discretion of the organization's management.
Do not miss: main article months from an expert practitioner
How not to make a mistake in the five main columns of the staffing table.
Formally, the Labor Code of the Russian Federation does not prohibit the employer from creating structural units (for example, a department) without the head of this structural unit. Moreover, the actual subordination is carried out, as you indicated, to the deputy director.
In a relationship budget institutions the distribution of positions within the structural divisions occurs at the decision of the management, but subject to a number of restrictions. So, in federal government agencies, the distribution of posts by departments takes into account marginal approved strength employees and budget of the institution(see, for example, Provisions, approved, Provisions, approved). In federal state institutions - taking into account the maximum number approved for them.
For certain types activities, as well as institutions and organizations, there are legally established standards for the number that are mandatory for execution. To a greater extent, this concerns public institutions and departments. So, for example, the structure and staffing of the central office federal body the executive branch is approved by its head within the limits of the wage fund and the number established by the president or the Government of the Russian Federation, taking into account the register of positions and other acts that determine the standard number of the relevant units (). Another example is the procedure for forming the structure and staff of the Central Office of Rospotrebnadzor ().
Thus, there are no restrictions on the creation of a department in an institution without the position of “head of department”, if for this type of institution there is no mandatory regulation on the formation of the structure of the institution.
Details in the materials of the System Personnel:
1. Situation: how to determine the staffing of an organization or department
The number of employees of an organization or a separate unit is determined by its head in accordance with the structure of the organization, its functions and levels of management.
As a general rule, employers are free to determine both the staffing by positions and professions, and the number of employees performing a particular labor function.
At the same time, for certain types of activities, as well as institutions and organizations, there are statutory headcount standards that are mandatory for execution. To a greater extent, this applies to government agencies and departments. So, for example, the structure and staffing of the central office of the federal executive body is approved by its head within the limits of the wage fund and the number established by the president or the Government of the Russian Federation, taking into account the register of positions and other acts that determine the standard number of the relevant units (). Another example is the procedure for forming the structure and staff of the Central Office of Rospotrebnadzor ().
At the same time, there are a number of legislative acts to determine the staffing level, which are advisory in nature. In particular, these are provided for budget organizations. In this document, the calculation of the staffing level is based on labor standards, on the basis of which the required number of employees is calculated to perform a particular labor function.
The number of employees based on labor standards can be determined by the formula:
The normative fund of working time of one employee per year is conditionally taken as 2000 hours.
An example of calculating the number of employees of a structural unit
The organization provides laundry services and opens a new structural unit - a laundry. To calculate the staffing level, personnel department employees are guided by approved ones.
The planned indicators for the work of the new laundry are defined as follows:
- The amount of processed linen per shift - 12,000 kg;
- Laundry operating hours - 1-shift.
The optimal number of employees for the new laundry was determined by the HR specialist as follows:
The number of laundry employees, according to the approved population standards, is 1.7, that is, 2 people.
2. Situation: how to allocate employee positions to departments within an organization
As a general rule, the issue of distribution of posts by departments is decided at the discretion of the organization's management.
Commercial organizations have the right to independently decide how exactly to distribute the positions of employees by departments or other structural divisions. The title of the positions of employees and their distribution must correspond to the labor function performed by a particular employee (). At the same time, it is necessary to remember the prohibition of discrimination in the sphere of labor and necessity (Art. , Labor Code of the Russian Federation). To distribute positions within structural divisions, you can also use the recommendations for determining the number, for example,.
In relation to budgetary institutions, the distribution of positions within structural units also occurs at the decision of the management, but subject to a number of restrictions. So, in federal government agencies, the distribution of posts by departments takes into account the maximum approved number of employees and the budget of the institution (see, for example, Regulations approved, Regulations approved). In federal state institutions - taking into account the maximum number approved for them.
3. Situation: can a department consist of one head of this department
Formally, the Labor Code of the Russian Federation does not prohibit the employer from creating structural units (for example, a department) consisting of only one employee, in particular, the head of this structural unit.
At the same time, as a general rule and based on logic, the job responsibilities of the “head” category involve the management of subordinate employees. For example, for the position of head of the personnel department, such an obligation is expressly provided for, approved. The specified document also provides for the duties of managing the employees of the department for other managers - the head of the capital construction department, the head of the equipment configuration department, the head of the quality control department, etc.
At the same time, qualification reference books are, as a general rule, recommended documents for use. The exception is cases where labor legislation connects the provision of compensations and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions. Then the names of such positions and professions should correspond to the name from the directory, and the nature of the work for the position - to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Based on the general case, the staffing table may provide for the position of the head of the department in the absence of other staff units in this department. At the same time, in order to avoid inconsistencies in the title of the position and, if necessary, additional motivation for an employee who solely provides one or another area of the company's activities, his position can be designated as a deputy head in the corresponding direction. So, for example, instead of creating a personnel department, consisting only of the head of this department, you can recommend the position of deputy head of the organization for personnel.
Nina Kovyazina
Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia
With respect and wishes for comfortable work, Evgenia Pikeeva,
Expert Systems Personnel
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