Along with the change in the employment of the employee, renaming the organization in which it works, by changing the size of its salary, the change of the name of the employee means a change in the conditions of the employment contract. Such transformations, as renaming position, can occur in connection with the change of certain working conditions, for more modern sound, etc.
Before making a new name to a staff schedule, an employee must notify about the upcoming changes. Notice of renaming position must be sent to the employee no later than two months. It is necessary to do this in the event that the changes occur by the consent of both parties, and in the event that the change initiative belongs to the employer. Between the parties labor contractEven if the new title of position does not affect the employee's employment function, there is an add-building.
So, we make a change in the name of the name of the post: before issuing an order that the position will be renamed, and make changes to the staff schedule, you need to notify the employee about the upcoming changes (personally or letter with the notice). Let's look at how to make a notification correctly.
Notification of renaming position (sample)
Since notification is not provided for the approved form, this document is independently the employer. In the "Cap" of the document, it is necessary to designate the name of the employee to whom it is intended, the date of the document.
NOTICE ABOUT CHANGE OF POSITION (Sample Notifications See below) In the main part of the document contains the following information:
- Former post name, new name;
- The reason that caused the need for change;
- The date of change in force;
- Information about the fact that other working conditions of the employee remain unchanged;
- Signature of the head or an authorized person (for example, the head of the personnel department).
In the main part of the document it is advisable to provide a line to express the consent or disagreement of an employee with the upcoming innovations.
The notice of the employee about renaming position is drawn up in two copies, one for an employee and an employer. An employee's signature should stand on an employer instance that the second copy of the document is obtained.
After notifying the employee about the new title of his position, the employer needs to rename the position in the staff schedule. The order is published by the employer with a mandatory substantiation of renaming.
Sample notification to the employee about renaming position
Order of the change of the post of employee (sample)
The unified form of the document is not approved - the employer independently constitutes a document. In the "header" of the order indicates the name of the organization, the date of registration of the document and the sequence number.
The order for renaming position in the staff schedule must necessarily provide a substantiation for renaming. The order is to specify the following information:
- Date of making changes to the staff schedule;
- Change position: Specify the previous name of the post and the name for which he wants to change;
- An indication that an additional agreement on the change will be concluded for the employment contract of the employee;
- An indication that in labor book, Personal Card and other personnel documents (if necessary) changes will be made.
The order for renaming the post contains a graph for an affiliation of a signature officer confirming the fact of familiarization with the order. The order must be signed by the head of the organization or the person authorized by him.
When an order to change the name of the employee's post will be published, and the employee with the order is familiarized, it is necessary to conclude an additional agreement with him. A sample of an additional agreement on the change of position should contain a new title of position, the details of the order of amending and employment contract, the date of the change began.
Order of the renaming position in the staff schedule: sample
So, the position is renamed. The recording in labor should be done or not? A separate procedure for making such a record is not provided, so you can act by analogy with the record of the renaming of the organization.
Rename position without changing the labor function, example:
"The position" Marketing Specialist "from 01.08.2018 was renamed" Marketing Manager ".
In order to avoid labor inspection problems, the employer must comply with the procedure for renaming position. Having received a notice, the employee may refuse to work in new conditions. Then the employer is obliged to offer him another job (Art. 74 of the Labor Code of the Russian Federation). If vacant places There is no or employee refuses to other work - the employer draws up dismissal (paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation).
In practice, the situation is not discharged when the company requires renaming position without changing the labor function. Example - the desire to name the position of the specialist is more complicated, solid to produce the best impression on counterparties with which this worker interacts. The law leaves the firm the right to make planned adjustments to a staffing schedule, but obliges it to receive an acceptance from a specialist and sign an additional agreement with it, which reflects the essence of the changes that occurred.
What is the position and labor function
The current legislation leaves the company-employer the right to call the position of a specialist at its discretion if the chosen name does not affect the need to provide an employee of preferences and benefits. In order not to make a mistake, it is necessary to be guided by the provisions of the reference book approved by the Order No. 37, adopted in 1998.
In practice, the firm is actively enjoyable in the title of posts. For example, the personnel counters in different companies can be called a HR manager, a specialist in the recruitment and adaptation of personnel, the personnel inspector, etc.
The labor function of the employee is fixed in the contract, subscribed by the specialist, and the company's staff schedule. Its change entails the need for recruitment of personnel documents (order, suppressing to the employment contract), proportional to raising the level of wages.
By changing the labor function, the following is recognized:
- expansion of the list of functions performed by a specialist;
- narrowing the circle of solved tasks;
- changing certain 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 company is obliged to warn him about the planned changes no later than two months before their entry into force.
The name of the post is a short verbal description of the labor function. These positions are in direct relationships: if the organization takes into its ranks of the personnel inspector, it will take a set of tasks provided for by the "civilian" for a specific position. Self alimply change the name of the vacancy to another, for example, the "HR specialist" is impossible.How to enter an enterprise if it does not want to adjust the work of a specialist, but wants to call his position in the "pate" more solid or harmoniously? The law leaves the employer such a right, but obliges consent from a hired employee and sign a suppression with him.
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Procedure for renaming the post of employee
From the point of view of the TC RF, renaming position is a change in the essential conditions of employment contract. It can be carried out 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 company - the employer - the situation is regulated by the rules set forth in Art. 74 TK RF.
If the Employer is the initiator of the change, it is obliged to send an employee written notice no later than two months before planned changes. The current legislation does not offer a unified form of a document. It is stipulated only that it necessarily indicates the future name of the position of a specialist in the company, the causes of the prohibited adjustments (for example, the reorganization of the department, amending the staffing schedule, the use of new production technologies, etc.).
Important! The paper is transmitted to the employee under the painting or sent by a letter with a receipt notice.A specialist who received notification usually agrees with new conditions. To confirm your acceptance, he writes on the document "I do not mind" and launched a personnel signature.
Another option to develop a situation is the refusal of the employee. It should be noted that such an outcome is extremely unlikely: renaming positions are usually carried out in the interests of personnel. If the employee still does not agree with the changes, the company is obliged to propose in writing position-alternatives in writing (including the lower spectacle). If none of the options arrange a specialist, the employment contract will be terminated according to paragraph 1 of Part 7 of Art. 77 TK RF.
If the parties' consent is achieved, two months after receipt of the notification, there is an additional discussion to the employment contract. It indicates:
- No. and date of the document;
- company name;
- Full name and the current position of the specialist;
- No. and the date of the contract, where adjustments are made;
- Changeable point number and its new edition;
- the indication that the remaining provisions of the contract remain unchanged.
Doping is necessarily signed by both parties. It is prepared in two copies: one is stored in the personnel department of the enterprise, the second is issued "on the hands" to the employee.
In order to keep up with rapidly changing trends in the working sphere, the leadership of a particular organization renames the names of posts. Agree, it will seem strange if the stylist or hairdresser in the 21st century was still called the barber, and cooks are strank. The same happens with conventional professions, but the renaming process has some nuances. How to issue the necessary documents?
Is it possible to rename the position in a staff schedule?
How to rename in position without changing the labor function?
The name of the official stands as the main component of the personnel function of the frame is what it works with. Thus, behind the change of the job name should be a change in the labor function, which means, in fact, the transfer to another official position occurs. How to avoid this?
When adjusting posts of posts, it is necessary to specify innovations in the employment contract, staffing, as well as the information that is entered into the employment record.
If the renaming of the official is changing together with the list of powers and duties, then the execution of the translation of the employee is inevitable. But there are cases when nothing but the name does not change.
Suppose V. Thiechenitsky, in the past ordinary janitor, was renamed "Cleaning staff." Then maybe:
- Drawing up a notification of renaming an employee's official position in a staffing schedule without changes in its operating functions. In a two-month period, the employer is obliged to familiarize the subordinate to the notification (it is required to consolidate the document for signatures);
- Drawing up an additional agreement on the introduction of new conditions in the employment contract;
- Registration of an ordinary document in which it is necessary to clearly describe what is replaced by;
- Making an appropriate entry into an employee's workbook.
So you can avoid registration of the order of translating, that is, changes in the working function.
Procedure for renaming position
When the manual was decided to replace the names - to rename, in strict order, it is necessary to prepare:
- notification of frames for innovation (2 months);
- additionally agreement to the employment contract;
- order on the adjustment of the title of the post;
- entering innovations in staff schedule and "service".
The voluntaryness of the employee himself is important for which the data of "reforms" occurs. If he gave his permission, then the employer interested in this should:
- A notification application for renaming the "post" occupied by him. And the entry of the document into legal force begins after the employee writes "agree" and put its signature;
- Establish an additional agreement to the employment contract, where the name will then be corrected;
- Referring to the above documents, an order is published, which is also signed by the parties;
- Or create a disposal to reform a staffing schedule, or consolidate a new regular schedule;
- Write to work: "The name of the post" Janitor "is changed to the" Cleaning staff ".
If the employee refuses from the reforms held, the points provided for .
How to make a renaming in the post of employee
The law does not provide for a strict procedure for renaming the Officer.
Imagine the most common option for developing events of this procedure:
- It is necessary to introduce a new title of the desired profession to a regular schedule;
- To inform the subordinate whose position should be renamed, giving him to sign a notification and copy of the agreement (it can either agree, or refuse);
- Check orders. The latter is considered the main document fixing the change of the name of the employee's official;
- Such an order will officially retain information in the staff cards in the tab "Labor book" and the "Position" tab;
- Next, it is important to place an employee's transfer to formally new job (according to the law, the procedure for changing the name of the Officer is a transfer to another job). Thus, the previous position is displayed from the staff schedule.
Order of renaming position - sample
At this disposal, the control over the observance of its provisions is carried by the employer. In order to insure from unforeseen circumstances, it is recommended to issue a document in a double instance.
Sample notification of renaming position
protects the employed population: in case of refusal of the frame from the proposal to rename an official position, he will find another genus of activity in this enterprise. If none of the perspectives arrange him, then soon instead of the notification will have to sign the termination of the employment contract, namely, the dismissal is coming. Therefore, employees are recommended to immediately give consent to the requirement of bosses.
Labor record - sample
When filling, remember that all the information fit on the basis of the relevant order of the manager within a strictly limited period - one week (from the date of the compilation of the order).
It is also necessary that the information inscribed into the labor book coincide with the main point of the order.
Renaming the post in a staffing schedule - the procedure for actions has some features, and deviations from it can entail serious legal consequences. In this article, we will tell about what needs to be done.
Why it is necessary to determine the procedure for changing the names of posts in a regular schedule: what could be the consequences of incorrect steps
Whatever it is in the form, the names of posts and structural divisions are included in the content of this document. How it looks like an example, you will learn from the application to the article a sample of filling the staffing schedule. The inconsistency of the titles of posts in the staffing and employment contract may be regarded as a direct violation of Art. 57 TK RF and entail responsibility under Art. 5.27 TC RF.
The feature of the change in the name of the name is that the procedure depends on the legal qualifications of the situation. In some cases, it is necessary to comply with the procedure for reducing the post in the staff schedule (Rostrud warns that in the presence of inconsistencies it is impossible to properly carry out the state reduction, see the letter dated 21.01.2014 No. PG / 13229-6-1). Incorrectly selected action option may also lead to a violation of the Labor Code.
Amendments to the name of posts in the staff schedule: Options
Cases when it may be necessary to change the name of the post in a regular schedule may be different:
- correction of a technical error or inconsistency of the name specified in the employment contract;
- changing the name of the position without changing the content of the work;
- change by decision of the management due to informative and (or) organizational transformations in the division, etc.
The correct registration of the adjustment is determined by the legal qualification of the content of the change in the context of the influence on legal relations with employees. In this regard, the procedure will depend on which of the 4 situations takes place:
- Lack of legal significance for existing labor relations (position vacant).
- Changing the terms of employment contract without changing the labor function.
- Move.
- Transfer.
The change in the staff schedule refers to the authority of the employer (the letter of Rostrud dated 03/22/2012 No. 428-6-1) and in this capacity - in its pure form - will be implemented in the first version. In the 3 others, it is associated with the publication of orders on personnel (more about the concept - in the article by order of personnel - are these orders?) And the design of relevant documents.
Consider the order of change, and then options for action in each situation.
How to change or introduce a new position in a regular schedule: What documents to issue should be the position or abbreviation code
The procedure for renaming position or the introduction of a new position is traditional:
- preparation of projects for the order of making changes and the new edition of the staff schedule;
- sight;
- edition of the order (signing, registration).
If the name of the new position consists of several words, it can be reduced (for example, the personnel inspector is an inspector OK). In accordance with paragraph 11 of the rules of reference ..., approved. Decree of the Government of the Russian Federation of 16.04.2003 No. 225, all entries in the employment book are produced without abbreviations, there is no such regulatation relative to the staff schedule.
Nevertheless, it is undesirable to reduce if it is associated with the provision of benefits or compensation and technical errors are possible when deciphering the name in personnel documents.
The position of the position is indicated by OKPDTR (the All-Russian Classifier of Professions ... OK 016-94, approved. Decree of the State Standard of the Russian Federation dated December 26, 1994 No. 367), if the law binds the presence of any benefits or restrictions. In other cases, the code is not required.
Some design nuances can be viewed in the materials on the links on the links: how to make changes to a regular schedule? What does an order look like about changing a staff schedule? .
The approval of the new edition is enough only if the changeable post of vacant or the name of the post is provided with a labor contract. In other situations, the list of necessary actions is expanding or changing.
What if the name of the post occupied by the employee or the structural unit is changing
Consider options that are not associated with the change in the content of the employee's responsibilities:
- Only the name changes, the duties for the same:
- in addition to changing the staffing schedule consists of a job agreement (Art. 72 of the Labor Code of the Russian Federation), perhaps one-sided change in accordance with paragraph 1 of Art. 74 of the Labor Code of the Russian Federation with written notice of the employee at least 2 months;
- an entry into the employment record of the employee according to paragraph 3.1 of the filling instructions ..., approved. Resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69: " Position "Senior Accountant" renamed "Chief Accountant"", With reference to a changing order.
- The structural unit changes, moves:
- in addition to changing the staffing schedule, an order of movement is made with which the employee must be familiarized;
- if the name of the unit was indicated in the employment contract, there is an add-on to it (Article 72.1 of the Labor Code of the Russian Federation).
In these situations, the presence of organizational transformations is confirmed by the exception of the previous names from the structure of the organization. Saving the function is confirmed by comparing the texts of the job descriptions.
The employee's labor function changes
In a situation where the change is subject to not only the name of the post, but also the obligations according to it, the following is carried out:
- a position with another name is introduced into the staffing schedule (the former temporary persists) is published, a new job description is published;
- supplement to the employment contract on the transfer to a new position (Article 72.1 of the Labor Code of the Russian Federation) is to enter the labor record a corresponding entry;
- from the staffing schedule, the old position is excluded.
It is impossible to exclude the former position from the staffing schedule while it is busy. When changing the labor function ( official duties) Only translation can be applied. The previous position is declining, so in disagreement of the employee with the translation, it is necessary to issue dismissal to reduce the state (the appellate definition of the Novgorod invoice of 07.06.2017 in case No. 2-99-33-1115).
So, the change in position is drawn up differently depending on the situation:
- when put in accordance with the employment contract - by publishing a new edition of the staffing schedule, with which the employee does not need to be familiarized;
- when changing the name - with the help of adjusting the conditions of the employment contract under Art. 74 TC RF;
- when changing the structural unit - by moving;
- and in the event of a change in the labor function - in the form of translation to a new position with the reduction of the former.
The article tells how renaming the post in a staffing schedule, the correct procedure, explains the nuances of the legislation.
When a person is arranged in the company, it goes to a certain position. The employment contract indicates the position and name of the unit where a specialist is accepted. Article 57 of the Labor Code establishes the rule that the title name is a significant condition of the contract.
The manager is not entitled to simply decide to change the place of service of the specialist. The Constitution and Labor Code establish warranties for workers. The director of the company cannot change the terms of the agreement unilaterally.
Any changes are made in the form of an additional agreement. The document receives legal force when both parties assure it with signatures. One copy of the document is stored in the enterprise, the second is passed to the employee under the painting. On the first instance, the mark is stamped that the specialist received his document.
Important! If the conditions of employment contract are changed, it is necessary to compile an additional agreement. The signatures of the parties under the agreement mean that they agree with the changes carried out.
Problems with how to renaming the post in a staff schedule will not arise, if you act in order.
How is a regular schedule
2 information that it indicates:
- how many posts are available for each position;
- amount of remuneration.
The form approved by the State Statistics Committee (Form No. 3). Resolution No. 1 dated January 2004
The company can use a unified form or develop its own form. If your form is developed, it is necessary to include those graphs that will be used.
The document is legally binding after the head will assure him with his signature.
Why change the names of posts
Often the work of the company changes: new divisions are created, the old workers are reduced, new employees are accepted.
There are other reasons to make changes. For example, many firms adjust the names so that they correspond to a single tariff-qualifying director.
The question arises how to rename the names of posts.
2 basic ways to change the names:
- the only name is adjusted, the duties remain the same;
- not only the position is changing, but also the responsibilities of the employee.
The procedure for registration of documentation differs depending on the basis of the change.
Rules for making changes
Discrepancies in the design of documents is prohibited. Must coincide positions listed in the staffing and contract.
So, here's a step-by-step instruction, how to make a change in the name of the post.
- Direct the notice to the notice of which changes are planned. Notifications must be sent in two months.
- If employees do not suit new conditions, you need to offer another position. At the same time, the employee must be able to perform new responsibilities for health.
- Distribute the contract with those who do not agree to changes. The termination of the contract is made with payment of compensation in two weeks of fulfillment of duties.
It is necessary to continue working with documents of those employees who do not object to change.
Changes are made to the employment record job description, staff schedule and other personnel documents. It is also required to publish a disposal that the names of the posts specified in the staff schedule are changing.
How to notify employee
The law does not have an indication of how to correct employee. When drawing up a document, it is necessary to be guided by the rules of office work.
3 main notification points:
- enterprise registration data;
- date and sequence number;
- text that warns about the upcoming changes.
The document is valid if there is a signature of the director of the company and print.
If it is decided to rename the position, the new name must be specified in the notice. The date is also written when the changes take effect.
It is indicated that the changes of the standard schedule does not mean that the employee's responsibility will be changed.
Competent paperwork will avoid labor disputes. It is advisable to leave a place in the notice so that the employee put his signature, and also put the date of reference.
If an employee gives good to change the name, one can arrange an order.
How to make an order
When the posting schedule is renamed, the procedure is followed. Otherwise, the employer may have problems with labor inspectors if employees send complaints.
When you need to rename the position, the decision is confirmed by the order.
3 important nuancesThese are in the disposal:
- the purpose of the change;
- old post;
- new name.
The document is set the number, date and signature of the head. The employee is introduced with the content of the regulation. Then an additional agreement is drawn up, changes are made to the personal card.
Personnel workshop is noticeably simplified when the required forms are under hand. You can develop a form independently or use the finished sample of the order. The form can be downloaded on specialized resources.
What if the employee does not agree with the changes
To make changes, you need to get a written permission of a specialist, but not always serving this agree. Often there are those who do not want to change anything. Is it possible to solve the situation in this case? The leaders are entitled to call posts at their discretion and make other decisions that determine the further fate of the organization.
In this regard, the procedure is carried out regardless of whether the consent of the entire team was obtained. When a person refuses changes, the head must offer him other options. The vacancy must match professional level Employee or be easier.
If the name of the work does not suit the employee, then the leader is entitled to part with him. The contract is terminated according to paragraph 7 of Art. 77 Labor Code.
Summary
Examples often arise when it is necessary to revise the staff schedule, change the names of posts. The head has the right to change the names at his discretion, the main thing is to make the documents correctly.
When the procedure is not observed, the employee is entitled to refer to labor inspectors or to court.
If discrepancies on the results of the inspection are found, the inspectors will write a fine. Therefore, when making personnel documentation it is necessary to follow the law.