Job description is included in the list of local acts of the enterprise. The head has the right to accept this document. In some cases, there is a need to adjust the job description of the employee. The procedure for making changes to this document will be considered in the article.
General information
When concluding the contract, the parties stipulate the labor function of the employee. Its content is made up of specific duties for the post, the list of which corresponds to the staffing table. As a rule, they are fixed in the job description. This document is an annex to the contract.
Changes to the job description are made by agreement of the parties if the adjustments affect the content of the labor function. The legislation provides for certain exceptions to this requirement (Articles 72.2, 73 of the Labor Code), however, they relate to specific situations to which the general rules do not apply.
When making changes to the job description, a separate written agreement must be concluded with the employee. Otherwise, the new edition of the local document cannot be applied. This rule also applies to situations where a revision of the instructions entails a change in other conditions of the contract that are not related to the labor function.
Features of the development of the document
Labor legislation does not require the employer to have job descriptions for employees. However, these documents are developed at all enterprises. Their presence helps prevent possible contentious issues.
Conflicts, for example, may arise about a particular job that an employee must perform. The reason for such disputes is the ambiguity of the designation of duties. Often, such conflicts result in termination of the contract. However, employees in such situations sue and successfully challenge the employer's actions. Such consequences can be prevented by correctly writing the job description.
When developing a document, it is necessary to take into account the information of the Unified Qualification Guide for posts and professions. However, the list of functional (official) duties does not have to be brought into full compliance with it. Each tenant draws up instructions for the staff, taking into account the specifics of the enterprise.
Adjustment nuances
The Labor Code lacks a clear procedure for amending job descriptions . Therefore, the company can develop its own rules. But they should not, however, contradict the principles of labor law. The established rules for making changes to job descriptions are recorded in the local document.
When adjusting the instructions, consider:
- The way a document is subject to change. The instruction may be an annex to the contract or a separate (independent) document.
- The specifics of the adjustments. It is necessary to determine whether the changes relate to the essential terms of the contract.
If the instruction is in the form of an annex to the contract, then it acts as an integral part of it. Accordingly, any adjustments are accompanied by a change in the terms of the contract. In this case, the nature of the changes will not matter. If this rule is not observed, the employee may refuse to perform new duties.
If the instruction is a separate document, and the adjustments do not relate to the essential terms of the contract, it is necessary to proceed from the fact that in fact the employee's labor functions remain the same. Accordingly, the employer has the right to specify certain duties without taking into account the views of the employee.
Action chart
Amendments to the job description is as follows:
- A draft new version of the document is being developed. You can also draw up an act in which to fix the list of adjustments to the current instruction.
- The new edition of the document is approved. For this, an order is drawn up to amend the job description or to approve the new edition.
- The employee is provided with a new document for review by signature.
This procedure is valid if the instruction is an annex to the contract, and the adjustments do not relate to changes in the essential terms of the contract. For example, an employee may be entrusted with the performance of duties provided for in the characteristics of other posts. Moreover, they do not require special skills, knowledge or other qualifications. In this case, making changes to the job description will not affect the labor function. Employee consent is not required in such situations.
If the adjustment affects the material terms of the contract
In such a situation, it is necessary:
- Obtain consent from the employee to amend the job description. A notice to the employee must be in writing, to which he must also respond in writing.
- To issue an additional agreement to the contract.
- To approve the instruction in the new edition.
- To familiarize with the document of the employee under the signature.
Modification of the job description: sample order
The order of the head of the enterprise is a mandatory administrative document. Its compilation is necessary in all cases affecting the activities of the organization. This document must comply with the requirements stipulated in the labor legislation for local acts.
A sample order on making changes to the job description contains the following information:
- Date, compilation number.
- Company name.
- Document's name.
- Details of the instruction or order on its approval in the original version.
- The content of the changes. It is necessary to indicate which particular points are losing force, are stated in the new edition, or which conditions supplement the document.
- The date the changes take effect. This can be a specific calendar number or point in time (for example, from the date of familiarization of employees).
- Name and position of the employee of the personnel department, responsible for informing the employee about the adopted changes.
Refusal of the employee to read the instructions
In such situations, the employer draws up an act in which witnesses (at least two) from among the employees of the enterprise sign.
Often, in practice, the manager sends a new version of the instruction to the employee by mail. The dispatch is executed in the form of a registered letter with a list and notification. In this case, it will be considered that the employee is acquainted with the instructions in the new edition.
It must be said that the fact of an employee’s refusal cannot be regarded as a disciplinary offense. The grounds for prosecution will arise for the employer in the event that the employee subsequently evades the performance of his duties in accordance with the adopted document. The employee’s disagreement with any clauses of the instruction is not considered grounds for its cancellation.
Adjustment Features
What changes can be considered affecting labor function? Its description must comply with the provisions of article 15 of the Labor Code. The description shall indicate:
- Position (specialty, profession) and qualification.
- The type of activity that the employee must carry out.
It should be noted that the absence of an indication of a position in the staff list cannot be considered an obstacle to the recognition of legal relations as labor.
It is possible to establish a different labor function or substantially change the former with the consent of the employee. In fact, such actions are considered as transferring an employee to another job. Without the consent of the person, you can change the function only temporarily and in cases specified by the TC.
The adjustment of duties in the framework of labor activity for a particular position changes the labor function only if they actually lead to the implementation of activities in another position.
Notification Specifics
According to the provisions of 56, 57 articles of the Labor Code, the subject of the contract are:
- Description of employee function.
- Conditions for the employee to perform labor activities.
Due to the fact that the contents of the instruction are not regulated by law, information related to the subject of the contract may be present in it. Changing the terms of the contract, in turn, is made:
- By agreement of participants in legal relations. This is a general rule enshrined in Article 72 of the Labor Code. That is why changes to the instructions, which are part of the contract, are made out by an additional agreement.
- At the initiative of the employer. In this case, the adjustment is due to organizational and technological changes in the enterprise. Moreover, the labor function of the employee remains the same. In this situation, 2 months before the introduction of the changes, the employee is notified of them.
Important point
It should be said that the rules for the development of an instruction or its revision, coordination, approval of an order to bring amendments into force are not necessary to bring to the attention of an employee. The fact is that these acts and processes do not affect the labor rights of a citizen and are not included in the list of information to be provided in accordance with paragraph 1 of article 62 of the Labor Code. As the subject of information in necessary situations, it is solely the content of the instructions.
Additionally
The grounds for making changes to the job description may be the adjustment of technological or organizational conditions of production activity. In such situations, it becomes necessary to adjust the scope of duties of employees.
If the technological or organizational conditions of the production activity change, notification of the personnel about the revision of the instructions is mandatory. This requirement applies regardless of whether it is a separate document or an annex to the contract. Accordingly, the revision of the instructions can only be made after obtaining the consent of the employee. Sanctions may be imposed on the tenant for evading the execution of this requirement.
If the employee does not agree to the new conditions, the employer must offer him a vacant position according to his qualifications. If, in this case, the employee does not want to continue working, the contract may be terminated.