Instructions on the procedure for determining tariff rates and official salaries employees of commercial organizations and individual entrepreneurs, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated April 26, 2010 No. 60 (hereinafter - Instruction No. 60 and Decree No. 60, respectively), the following requirements were established for the standards of manageability of structural divisions of commercial organizations:
1) management - if there are at least 7 staff positions in its staff, including the position of the head;
2) department - if it has at least 4 staff positions, including the position of the head;
3) sector (bureau, group) - if it has at least 3 staff positions, including the position of the head (clause 12 of Instruction No. 60).
From June 1, 2011, to commercial organizations, by Decree of the President of the Republic of Belarus dated May 10, 2011 No. 181 "On some measures to improve state regulation in the field of remuneration" granted the right to independently decide on the application of the Unified tariff scale employees of the Republic of Belarus when determining the terms of remuneration of employees.
In the development of this norm, from June 29, 2011, Decree No. 60 became invalid. Accordingly, the previously established norms for the manageability of structural divisions of commercial organizations have been cancelled. Currently, there are recommendations on determining the tariff rates (salaries) of employees of commercial organizations and on the procedure for increasing them, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated July 11, 2011 No. 67. At the same time, these recommendations no longer talk about manageability standards.
Thus, in connection with the cancellation of Resolution No. 60 in commercial organizations it is possible to determine the standards of manageability used in the organization, providing them in local regulations. For example:
1) management - if there are at least 5 staff positions in its staff, including the position of the head;
2) department - if there are at least 3 staff positions in its staff, including the position of the head;
3) sector (bureau, group) - if it has at least 2 staff positions, including the position of the head.
In practice, there are different opinions on the issue of governance standards in commercial organizations.
At the same time, experts in this field give references to the norms of recommendations for the development of exemplary structures and staff standards number of employees of the administrative apparatus of commercial organizations state form property and organizations with a state ownership share in their statutory funds of more than 50 percent, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated March 09, 2004 No. 25 (hereinafter referred to as Recommendation No. 25).
At the same time, Recommendations No. 25 are used exclusively in the development of approximate structures and staffing standards for the number of employees in the management apparatus of state-owned commercial organizations and organizations with a state ownership share in their authorized capital of more than 50%. When developing the structure of the management apparatus, it is recommended to take into account the following standards of manageability:
1) management, service is created with the number of employees in their staff of at least 7 people (including the position of the head);
2) the department is created with the number of employees in its staff of at least 4 people, including the position of the head;
3) a sector (bureau, group) is created with the number of employees in its staff of at least 3 people, including the position of the head;
4) if necessary, as part of structural units, taking into account the above-mentioned standards of manageability, the following can be created:
In management (service) - departments, sectors (bureaus, groups);
These governance standards are to be applied by ministries, state committees, committees under the Council of Ministers, state organizations, subordinate to the Government, regional executive committees, the Minsk City Executive Committee when agreeing on the structure of subordinate organizations in the form of a scheme that is equally distributed to all subordinate organizations (clause 13 of Recommendation No. 25).
Thus, if a commercial organization is a state-owned organization or an organization with a state-owned share in the authorized capital of more than 50% and the state administration body has not brought the management structure for the organization as a whole and separate structural divisions, taking into account a certain standard and standards of manageability, then the organization has the right to develop and establish its own manageability standards in local regulatory legal acts.
On the basis of an agreed structure, it is recommended to develop standard management schemes for sub-sectors and groups of organizations united by certain types of activities, types and volumes of production (works, services), etc. (clause 13 of Recommendation No. 25).
For example, such a decision was made back in 2004 in order to differentiate the staffing standards for the number of employees in the administrative apparatus and approve them for specific organizations of the system of the Ministry of Construction and Architecture.
For this purpose, organizations of the system of the Ministry of Construction and Architecture, on the basis of an agreed structure, developed management structures for the organization as a whole and separate structural divisions, taking into account industry specifics, the established standard and norms of manageability, and submitted for approval to the said ministry (letter of the Ministry of Construction and Architecture of the Republic of Belarus dated May 14, 2004 No. 04- 1-12/2045 "On the approval of staffing standards for the number of administrative staff and standard structures").
Currently this work completed. In this regard, taking into account the changed norms of legislation in ministries and other bodies government controlled there is an opportunity to revise the developed structures of subordinate organizations and thereby expand the rights of subordinate organizations in the formation of the structure of these organizations.
In addition, there are opinions that when developing standards of manageability, it is possible to apply the norms of the Decree of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 "On measures to improve the conditions for remuneration of workers budget organizations and other organizations receiving subsidies, whose employees are equal in terms of wages to employees of budgetary organizations" (hereinafter - Resolution No. 6):
1) the position of the head of the department is introduced if there are at least 7 staff positions in the state (without working professions), including the position of the head of the department;
2) the position of the head of the department - if there are at least 4 staff positions in the state (without working professions), including the position of the head of the department;
3) the position of the head of the sector - if there are at least 3 staff positions in the state (without working professions), including the position of the head of the sector.
However, we note that Decree No. 6 establishes the terms of remuneration only for employees of budgetary organizations and other organizations receiving subsidies, whose employees are equal in terms of wages to employees of budgetary organizations.
conclusions
Based on the foregoing, we consider it unreasonable to strive for the structures of budgetary organizations and government bodies to become a standard in the development of structures of commercial organizations due to the various goals of their creation. Recall that the main purpose of creating commercial organizations is the need to make a profit.
In this regard, we propose to give an opportunity to commercial organizations, incl. state, to establish the standards of manageability of their structural divisions independently, taking into account production needs, and not taking into account the recommendations of 7 years ago.
The Employee Handbook provides answers to key questions related to a new job. Actual update of the database of answers to questions from employees-2019.
From the article you will learn:
What information about the organizational structure of the company should be included in the employee handbook
Can a department consist of one head of this department?
We have a small organization, and there are departments in which one person works. If the employee is a manager, should there be subordinates in the department?
Andrey Levin, Leading HR Specialist
Formally, the Labor Code does not prohibit an employer from creating structural units, which consist of only one employee, in particular the head of the department. At the same time, the position of "leader" involves the management of subordinates. For example, the Qualification Handbook provides for such an obligation for the position of "head of the personnel department" (approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37). Qualification guides are advisory in nature. But there are exceptions when the Labor Code and other laws establish compensation and benefits or impose restrictions in connection with work in certain positions. 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 functionality from the directory (part two of article 57 of the Labor Code of the Russian Federation). If these conditions are violated, the employee will not be entitled to compensation and benefits.
If there are no other staff positions in the department, then in staffing only the position of the head can be envisaged. But in order for the title of the position to correspond to the direction of the company, designate it as “deputy manager” for direction. So, for example, in order not to create a personnel department that consists of one boss, enter the position "deputy head of the organization for personnel."
Is it necessary to indicate the positions of temporary and seasonal employees in the staffing table?
Our company provides ticket delivery services. AT summer period the volume of work is increasing, and we want to accept additional couriers. Do these positions need to be included in the staffing table?
Anna Kolesova, HR manager
Yes need. Such works are either short-term, or employees perform them within certain period due to natural or climatic conditions (paragraphs 3, 4 of the first article 59 of the Labor Code of the Russian Federation). As a result, the employer creates new jobs for this time, which must be introduced into staffing, and at the end of the set period - withdraw. But, if the organization accepts a temporary employee for the duration of the absence of the main one, for whom the place of work is retained, then changes to the staffing table do not need to be made (paragraph 2 of the first article 59 of the Labor Code of the Russian Federation).
In order not to constantly make changes to the staffing table, make a note about the seasonal nature of the work in column 10 "Note" unified form. Out of season, such positions will be vacant. However, this method also has its drawbacks. Vacancies will have to be reported monthly to the employment service.
How to give information about the staffing in the employee handbook
Is it necessary to include home workers in the organization's staff and staff list?
We are a clothing manufacturing company. We accept a worker who will perform duties at home. Should he be counted as a staff member?
Svetlana Polyakova, HR inspector
Yes need. However, if a homeworker is hired temporarily to replace a key employee, he will staff member, but will not increase the number of units in the staffing table.
The staffing table reflects the structure, staffing and headcount organizations (Article 57 of the Labor Code of the Russian Federation, section 1 of the instructions of the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Any employee with whom the employer enters into labor contract, reflected in the staffing table. This rule does not depend on the characteristics of the nature of the work: part-time work, remote work, at home. At the same time, all homeworkers who work under labor contracts are full-time. Therefore, the positions and staff units of home workers, if they are not temporary deputies of the main employees, must be taken into account in the staffing table.
Is it possible to add positions to the staff list that will be recruited in a few months or years?
From September we plan to expand the staff and accept new specialists. Is it possible to make changes to the staffing table in advance?
Oleg Kantaurov, head of personnel department
Yes, you can. The employer independently and under his own responsibility makes personnel decisions, including recruitment. There are no provisions in the Labor Code that oblige a company to immediately fill vacant positions in the staffing table. The courts also point to this (clause 10 of the decision of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). However, it is worth bearing in mind the consequences.
If there are vacancies in the staffing table, regardless of whether employees are required for them or not, you will have to report them monthly to the employment service (clause 3 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). Staffing in many organizations is necessary for fund planning wages(FOT) and financial budgets. By default, the amounts that are provided for in it are included in the payroll. So that the budget does not turn out to be too high, take into account the vacancies in it that you prescribe in the staffing table for the future.
Thus, add positions to the staff list, even if you plan to hire employees after some time. Use the same approach if you use a self-developed form staffing.
What places should be reported to the employment service - free or vacant?
We are preparing a report for the employment service for the first time. What vacancies should be reported?
Julia Rybina, HR Specialist
The employment service must be informed monthly about all free and vacant positions (clause 3 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). The law does not provide a single definition for the terms vacant position' and 'free position'. Arbitrage practice on abbreviation shares these concepts. A position is considered vacant when there are no employment contracts for it, and free if the employee is temporarily absent for any reason. For example, when the main employee goes on parental leave, goes on a long business trip.
When they cook statistical reports, vacancies are considered places that are free after layoffs, maternity leave and childcare, as well as new jobs for which they plan to hire employees within 30 days (Order of Rosstat dated 05.07.2016 No. 325).
Taking into account all approaches, submit information both for vacancies for which no employment contract has been concluded, and for temporary vacancies for which the recruitment of employees is planned.
How to justify job titles in an employee handbook
Is it possible to use positions with the prefix “and. o.", "io", "interim"?
Our department director is leaving. The head of department will temporarily perform his duties. Is it possible to indicate in the documents his position as “acting director of the department”?
Galina Zagitova, head of department
No, you cannot list a position as "acting". All-Russian classifier occupations OK 010-2014 (MSKZ-08) (approved by the order of Rosstandart of December 12, 2014 No. 2020-st) and the Qualification Handbook (approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 No. 37) do not contain positions with the prefix “and . o.", "io", "interim". Fill out the performance of the duties of another employee either as an assignment of additional work with the preservation of the previous duties without changing the position, or as temporary transfer to the position of the one who needs to be replaced (Articles 60.2, 72.2 of the Labor Code of the Russian Federation).
An employee who performs the duties of an employee with right to sign in parallel with his main work, in documents he can put “and. about." and the position of a colleague who is absent (clause 3.17 methodological recommendations for the implementation of GOST R 6.30-2003). Or indicate in the documents the current position of the employee and confirm the authority to sign documents with a reference to the order on temporary performance of duties (clause 3.22 of GOST R 6.30-2003, approved by the Resolution of the State Standard of Russia dated March 3, 2003 No. 65-st) (sample below).
In what cases is the official title “chief”, “leading”, “senior” introduced?
We are a young fast growing company. We have formed a staff of two dozen economists. Upon admission, the positions were named differently, in three categories: head economist, leader and senior. The leader set the task of bringing everything to uniformity. How to correctly use the prefixes "leading", "main" and "senior"? Which of them is more important?
Natalia Pisareva, Human Resources Inspector
The categories “leading”, “senior” are derived from the basic positions that are in the Qualification Directory for the positions of managers, specialists and other employees (approved by the Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37). The official title "senior" is used if the employee, along with the main duties, supervises subordinate performers. This category can be established as an exception if the employee has no subordinates, but he independently conducts the work site. At the same time, for positions of specialists with qualification category(for example, an engineer of category I) the title "senior" is not used.
The specialists of the "leading" category are entrusted with the functions of a leader and responsible executor of work in one of the areas of the organization's activities or duties of coordination and methodological leadership of groups in departments.
The name "main" provides for increased qualification requirements to the post ( Chief Engineer, Chief Accountant, Chief Power Engineer etc.). Besides, this category can be written in local act organization, taking into account the requirements for the education and qualifications of the employee, for example, " Chief Specialist by ... "(Article 8 of the Labor Code of the Russian Federation).
Is it possible to establish a fork of salaries in the staff list for the position?
Often, on the basis of a resume, we accept an employee, and his abilities are lower than expected, while he receives a salary already as a highly qualified specialist. Is it possible to provide for a fork of salaries in the staffing table, minimum and maximum, depending on the qualifications of the employee?
Anatoly Svistkov, HR manager
No. The legislation obliges the employer to provide employees with equal pay for work of equal value (Article 22 of the Labor Code of the Russian Federation). Therefore, if you establish a range of salaries for one profession or positions that do not have gradations by category or category, this will be discrimination in the field of work (Article 3 of the Labor Code of the Russian Federation).
A salary plug can be set only in case of differences in the categories of professions or in the qualification category of employee positions, which are reflected in the staffing table in column 3 (Article 143 of the Labor Code of the Russian Federation). For example, millers of the 2nd and 6th category or an engineer for labor protection of the 1st category and an engineer for labor protection II category.
It is possible to vary the amount of wages due to allowances. They are determined depending on the employee's labor skills, complexity, quantity, quality and conditions of work that he performs (part one, article 132 of the Labor Code of the Russian Federation). Reflect the allowances in columns 6-8 of the staffing table. Similar explanations are given by Rostrud specialists in a letter dated April 27, 2011 No. 1111-6-1. The legitimacy of such a position is also confirmed by the courts (the appeal rulings of Yaroslavsky regional court dated May 5, 2014 No. 33-2519/2014, decision of the Savelovsky District Court of Moscow dated June 3, 2015 No. 2-3726/2015).
Can a commercial organization have a head of the legal department without subordinates?
Answer
Yes maybe. The staffing table may provide for the position of the head of the department 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, the Labor Code of 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 paragraph 2 of Article 57 Labor Code RF. 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. *
I work as an office manager in small organization. I was obliged to write a regulation on the service, in connection with this the question arose: can the service consist of one person? Previously, I was sure that the service involves several people in the composition.
Answer
Indeed, the "service" as an organizational and structural unit assumes in its composition a certain set of employees. At the same time, the functions of each unit, the procedure for its interaction with other organizational and structural units, the distribution of duties aimed at the performance of these functions among employees, is determined by the employer himself. After all, it is rather difficult to draw up a single scheme of work for all enterprises due to the specifics of the financial and economic activities of each, the level of development of the enterprise, the production and people management system, etc. Thus, there is no single legal act in which you could read how many employees should be included in one department (service, department, etc.). It is possible to develop an approximate structure and staffing level only for organizations of the same type working in the same field of activity (schools, clinics, etc.). Therefore, some sectoral legislative acts still contain forms of staffing that are recommended to be used within a particular area of financial and economic activity.
So, for example, by order of the EMERCOM of Russia dated September 24, 2008 No. 563 “On the procedure for approving staffing tables for employees of budgetary and state institutions of the EMERCOM of Russia and civilian rescue personnel military formations Ministry of Emergency Situations of Russia "A form of staffing was developed in the structure of the Ministry of Emergency Situations.
In that normative document we read that when developing staff lists (states) of institutions and military units the position of the head of a department is introduced if the total number of employees and civilian personnel of the unit is at least 5 units, departments and groups - at least 3 units, and the position of "leading specialist" - provided that, along with the performance of the duties inherent in this position, he manages subordinates performers or conducts an independent area of work.
In fact, it is not important how many employees are included in a particular service, but what goals the existence of a particular service serves, in what order it interacts with other departments. List all the functionality of the service based on the tasks assigned to it. Are you capable of doing this amount of work alone? Not sure? Conduct research: how long does a particular work operation take, how often does it repeat itself? Does it fit into your working day? Share your findings with management: perhaps there is an objective need to increase the number of employees.