The Labor Code of the Russian Federation (Article 15) discloses the content of the concept of “labor function”. This is an activity that is performed by a person holding a certain position, included in the staffing of the enterprise, and having a specific level of qualification. At the same time, he uses knowledge, skills, experience within the framework of his profession and specialty. The labor function is one of the concepts that is of great importance for the employer at the time of conclusion of the contract with the subordinate. Along with other legal aspects, it defines the content of this document. In addition, the labor function is the core around which the structure of the professional standard is built.
The meaning of the term "qualification"
The concept of a professional standard that emerged in 2012 is closely related to qualifications and their levels. In fact, it includes a number of characteristics that employees must possess in order to fulfill the duties included in the employment contract. The labor function of an employee is largely determined by his abilities, education and training. Qualification is the knowledge, skills, professional skills and experience of a person, allowing him to perform specific tasks. This also includes the level of his professionalism.
We can say that it is qualifications that affect what the employee’s pay will be, whether he will be subject to a staff reduction program, or whether he will receive a promotion or training opportunity. The success of each function of the organization depends on the competence of team members. If the data on the education received, previous work and achievements of the subordinate cannot be illustrated by various documents (diploma, certificate, certificate of encouragement, letter of recommendation), then a reliable determination of the qualification level becomes an easy task.
In fact, the decision that a person is able to carry out a specific labor function can be made only on the basis of certification results. An important condition for its implementation is a correctly designed program for testing knowledge and skills, as well as an adequate assessment of the data.
What are “profession” and “specialization”?
In order to fully reveal the meaning and features of the concept of a labor function, it is necessary to define several basic terms. A profession is a certain labor activity that a person carries out to generate income. Moreover, he uses a specific set of theoretical knowledge, as well as experience and skills. Specialty is the knowledge and skills that a person acquires after special training, as well as the result of practical experience. He needs them to perform a certain type of professional action.
Based on this, we can say that the second concept is much narrower than the first. After all, a specialty is what an employee does in a profession. Let's look at this statement with specific examples. For example, a cook is a profession. It involves the availability of skills and knowledge on how to work with food. At the same time, the following specialties are included in the basic profession : confectioner, dough mixer, cook-technologist and others.
Professional standard: labor function and its essence
The content of the job function described in the professional standard includes elements such as qualifying actions. This also includes skills. Based on the fact that the professional standard implies what the employees of the enterprise do in the workplace, he pays the most attention to the first element. It's about action. Knowing this feature allows you to correlate the requirements for the skills of a specialist with the content of his activity.
In fact, in a professional standard, a job function is defined with minimal detail. She leaves the employer with the decision to hire an under-qualified employee. With the consent of the parties, a subordinate who does not satisfy the employer on specific points of a professional standard can undergo training by paying for it independently (or at the expense of the employer).
Professional Standard Content
The structure of this document includes the following information:
- Labor function. The work that a person occupying a specific position should perform becomes the basis for the preparation of the job description. It is also described in the employment contract.
- A set of knowledge and skills required for the implementation of each labor function. This information is necessary in order to correctly and efficiently conduct certification of employees.
- Testing professional knowledge is becoming the main way to find out if an employee is ready to perform his functions.
- The list of qualification characteristics. Data on education, specialization, additional training, work experience are implied. This information is used as the primary restrictions in the process of hiring , reduction, certification measures, inclusion in the personnel reserve. Information is also important for other procedures, including determining specific qualifications.
Appointment of a professional standard
For the employer, this document becomes a guideline and basis, helping to make a decision on hiring an employee (reduction, translation, training). At the same time, any person has the opportunity to independently correlate his professional skills and abilities with those that are dictated by the standard. This approach becomes extremely useful for those who have a narrow specialization and are engaged in job search. Indeed, knowledge of the evaluation criteria allows you to learn exactly what is included in the functions of work. Not to mention the fact that at times it will facilitate the passage of certification.
The specifics of a professional standard are not needed for all specialties. Of course, there are such professions for which the presence of a specialized diploma becomes mandatory. This is a doctor, teacher, lawyer and other complex specialties. Employees holding such positions are required to exhibit special knowledge and skills. And when hiring them, the employer should be guided by a professional standard. However, a number of professions can do without such a strict framework. Indeed, the assessment of the employee's compliance with an existing position occurs under the influence of the market or is performed by the employer. This is true for media employees, those who write articles, reviews or comments.
When the procedure for the formation of the legislative framework for the use of professional standards is completed, they will become a mandatory tool for evaluating employees of budgetary institutions, unitary enterprises and organizations partially owned by the state. That is, the labor functions of the teacher, postal worker, officials and other specialists will be clearly indicated.
Practical application of professional standard in private enterprise management
It should be noted that for owners of companies and non-state firms, officially developed professional standards can also be very useful. They greatly facilitate the management of personnel and the implementation of personnel policies. They are based on labor relations. The functions of the personnel department staff can be performed faster and more efficiently:
- Professional standard requirements are used when filling a vacancy and conducting interviews with applicants.
- The development of job descriptions is based on the provisions specified in the document.
- A professional standard is useful if you need to develop an employee career development program.
- The labor function is the main subject, detailed in the professional standard. Therefore, the document can be used in the process of certification activities.
- The staffing table, based on the requirements of the professional standard, will be more capacious, complete and relevant (proper rating of work, assignment of a tariff category, setting the size of the salary).
Definition, types and functions of an employment contract
The main and most important document regulating the relationship between the employee and the employer is the labor contract. Its terms are the essence of the document. The functions of the employment contract are to formulate the rights and obligations of the parties, the content of the employee’s activities, the indication of remuneration for the correct performance of the work, as well as penalties for violation of the agreed rules. This document is in writing. One copy belongs to the employer, the second remains with the employee. A person may be allowed to perform work only after the execution and signing of the document.
The following types of employment contracts are distinguished:
- The prisoner for the agreed term.
- Describing labor relations for up to five years (unless otherwise specified in federal law).
- Perpetual.
Contracts that were concluded for a period of time, but were not terminated, are considered to be unlimited. This is done in cases where the employer has concluded an employment contract for a limited period without sufficient reason (it is important for disputed situations or litigation).
Content of the employment contract
Given that the main functions of the labor contract relate to the legal regulation of various aspects of the activity and relations between the employee and the company, the information indicated in it should be extremely accurate, correct and complete. Typically, this document includes the following data:
- Surname, name and patronymic of the employee. As well as the full name of the company or the name of the employer (for individual employers), the functions of the labor organization.
- Description of documents that acted as an identity card.
- Taxpayer Identification Numbers. If the individual employer is not an individual entrepreneur, this item is skipped.
- If necessary, indicate data on who concluded the labor contract instead of the employer (manager, department head).
- Information about what duties the employee will need to perform.
- Information about remuneration and incentive system.
- Sanctions and liability for breach of contract.
- The conditions under which a change in labor function may take effect.
- Where and when the contract was concluded.
At the discretion of the head of the company, this list can be supplemented by several sections. If the document does not contain data specified in the legislation, this does not exempt participants in labor relations from fulfilling the mandatory rules.
List of general work responsibilities of an employee
The Labor Code of the Russian Federation divides the labor duties of employees into two types: general and special. According to Art. 21, the first category includes:
- Conscientious performance of labor duties set forth in the contract.
- Compliance with internal company rules.
- Adherence to labor discipline.
- Compliance with established labor standards.
- Compliance with safety and health regulations.
- Respect for the property of the employer and colleagues. The same attitude should be with property that belongs to third parties, but is in the area of responsibility of the company.
- Reporting to management about situations that threaten the integrity of tangible property or human health.
These requirements are general in nature. They are relevant for almost any enterprise or organization.
Special Employment Responsibilities
Depending on the scope of the company, the complexity of the technological cycle and many other factors, an employment contract may have a list of specific tasks that the employee will have to solve in the future. The list of these works is based on the staffing table, qualification level of the employee and job description.
How to develop job descriptions?
Job descriptions are in the process of organizing a business when the basic base for personnel management is being developed. Also, this can be done during the operation of the company. Then the nature of the document will be influenced by the labor relations that have developed in the team. The algorithm according to which this document is created is almost always the same. It includes several successive steps:
- Preparation (study of the content of regulatory documents that govern the activities of employees).
- Project development.
- Sending the project for approval.
- Verification of the project and its approval.
Often, work on the preparation of job descriptions at the enterprise is performed by a specialist. He represents the personnel management service. In addition, the head of the department (where the employee will work) or the employee together with his boss can do this. The decision about who will be involved in the development of the project is made by the employer. He can choose both one employee and a group. To date, the law does not define a clear structure and content of the job description. Therefore, it almost always has an individual character.
The functions of the employee can be indicated both in the job description and in the employment contract. These documents complement and clarify each other. Their legitimacy and legitimacy will take place only when the employee is acquainted and agrees with his duties. This is certified by his signature. Art. 22 of the Labor Code of the Russian Federation obliges the employer to inform his subordinates about the nature of work, its specifics, restrictions and harmful effects. He must also ensure that employees read and sign existing local regulations that are relevant to the performance of the labor functions of a subordinate. Each employee must familiarize themselves with them in detail.
Responsibility for violation of an employment contract
In the event that the employee does not fulfill his labor duties (or performs insufficiently), violates the accepted discipline, causes damage to the property of the enterprise by his actions or inaction, he is subject to disciplinary action. It can take the form of a remark, reprimand, demotion or even dismissal. If a causal relationship between the activities of the employee of the company and the material damage caused is proved, the manager may decide to hold the culprit liable. Often, the employer independently determines the measure of punishment for violators of discipline. But in some cases (criminal offenses), it becomes compulsory to involve representatives of law enforcement agencies.