Ects schedule. Staffing table. Did you ask? We answer. Rational use of natural resources

1. We are LLC, we are engaged in pharmaceutical activities (pharmacies) List composition 15 people Do we have to draw up a staffing table and how should it look like?

The Labor Code of the Russian Federation does not present as mandatory requirement Availability staffing table In the organisation. Thus, Article 57 “Content of the employment contract” requires that the employment contract indicate “the name of the position, specialty, profession, indicating qualifications in accordance with the organization’s staffing table, or a specific job function”. Thus, the decision on whether to have a staffing table or it is enough to indicate a specific job function in an employment contract is made by the head of the organization. If, nevertheless, the head of the organization made a decision on the mandatory presence of the staffing table as a document regulating the availability of posts and the amount of payment for each position, then the staffing table should be drawn up according to the unified form No. T-3 (Approved by the Resolution of the State Statistics Committee of Russia dated 05.01.2004 No. 1) ...

2. This is the first time I am engaged in drawing up a staffing table, I looked through the necessary literature, everything seems to be clear, but several positions have not been completely worked out. If possible, please clarify the gaps in my knowledge in this area. 1. Is it possible for employees of the same position, but performing a different amount of work, to set different salaries. 2. Is it possible to write down in the title of the position “employee of the archive” or necessarily “archivist” or “archivist”. 3. Should workers with piecework pay be included in the staffing table? How then you need to reflect the size of their salary. 4. Should the salary paid to the employee be exactly the same as indicated in the piece. the schedule, or it can be changed by an additional agreement to the employment contract (as a change in essential working conditions). Do I need to make a change to the staffing table. 5. In the unified form T-3 “Staffing” there is column 10 “Note” - what can be indicated in it, and column 2 “Code structural unit”- where to get it from. Are all fields of this form obligatory for filling. I would be very grateful to you for your attention to my question.

1. According to Art. 129 of the Labor Code of the Russian Federation, wages - remuneration for labor, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as payments of a compensatory and incentive nature. Thus, the establishment of different wages for different work is possible. So, if the wages of an employee are time-based or piece-work, the wages of each employee will differ depending on the actual time worked or the actual work performed (with the same salary). Position is an established set of duties and the corresponding rights that determine the place and role of an employee in a particular organization, as well as his responsibility for their implementation. Thus, if job duties(including production rates) in relation to this or that position of the staffing table are different, we recommend to call such positions differently. Otherwise, it will turn out that different sets of responsibilities have different names. From a practical point of view, it will also be unclear how to reflect this difference in the job description (after all, it is drawn up in relation to the position, and not in relation to each employee). If job duties differ only in number (for example, as a result of the higher qualifications of one of the employees), job titles can be assigned categories (for example, a locksmith of the first, second category), or otherwise reflect the differences (for example, a lawyer, a senior lawyer, leading lawyer, etc.).

2. In accordance with Art. 57 of the Labor Code of the Russian Federation, the names of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements specified in the qualification reference books, approved in the manner established by the Government of the Russian Federation only if, in accordance with federal laws the performance of work in certain positions, specialties or professions is associated with the provision of benefits or the presence of restrictions. In other cases, you are free to define job titles.

3. Yes, they should. In accordance with the Instructions on the Application and Completion of Forms of Primary Accounting Documents for Accounting for Labor and Its Payment (Resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 “On Approval of Unified Forms of Primary Accounting Documents for Accounting for Labor and Its Payment”) in column 5 “Tariff rate (salary), etc. " the staffing table is indicated in ruble terms, the monthly salary at the wage rate (salary), wage scale, percentage of revenue, share or percentage of profit, labor force participation rate (KTU), distribution coefficient, etc., depending on the wage system adopted in organizations in accordance with the current legislation of the Russian Federation, collective agreements, labor contracts, agreements and local regulations organizations. If it is impossible for the organization to fill in columns 5 - 9 in ruble terms due to the use of other remuneration systems in accordance with the current legislation of the Russian Federation (tariff-free, mixed, etc.), these columns are filled in in the appropriate units of measurement (for example, in percentages, coefficients, etc.). ). In connection with the above, we recommend that you indicate in the appropriate column the amount of employee remuneration for one unit of production.

4. The amount of remuneration on the basis of Art. 57 of the Labor Code of the Russian Federation is an essential condition of the employment contract and is allowed with the written consent of the employee. Thus, in the event of a change in wages, it is necessary to conclude additional agreement to the employment contract. The staffing table is used to formalize the structure, staffing and staffing of the organization in accordance with its Charter (Regulations). The staffing table contains a list of structural divisions, the names of positions, specialties, professions with an indication of qualifications, information on the number of staff units. Thus, the staffing table is necessary primarily for the organization itself. We recommend, by order of the head, to make appropriate changes to the staffing table in a timely manner. Outdated staffing table containing irrelevant information is inconvenient, first of all, for the organization itself. There are no other negative consequences in the event that the staffing table does not correspond to labor contracts.

5. The legislation does not contain the obligation to fill in all columns of the staffing table. In the column "Note" you can indicate additional information, for example, about what allowances are due to the employee, if they cannot be indicated for some reason in other columns, other Additional Information... If the organization has entered codes of structural divisions, you can indicate them in column 2.

Consultant: Alexandra BORISOVA, Lawyer of the Audit and Consulting Group "Interexpertiza"

3. In our organization, in case of any changes, a new staffing table is approved each time, can we do this?

Yes, you can, if you change the information that is reflected in the staffing table. The staffing table is used to formalize the structure, staffing and staffing of the organization in accordance with its Charter (Regulations). The staffing table contains a list of structural divisions, the names of positions, specialties, professions with an indication of qualifications, information on the number of staff units (Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and remuneration”.) Changes are entered in the staffing table in accordance with the order (decree) of the head of the organization or a person authorized by him. Changes to the staffing table can also be in the form of approving a new staffing table. Therefore, if the changes occurring in your organization are related to changes in the data contained in the staffing table, changing the staffing table is not only legitimate, but also necessary.

Consultant: Yulia ALEKSANDROVA, lawyer of the Audit and Consulting Group Interexpertiza.

4. Is the employer obliged to provide the staff with a staffing table with an indication of official salaries?

In order not to show the staff the staffing table, indicate the specific salary amounts in the employment contracts. If your employment contracts state: "Salary according to the staffing table", then you must acquaint employees with all changes in the staffing table on receipt (you can not present the entire schedule, but acquaint the employee with an extract from it, relating only to his salary). If specific salaries are specified in employment contracts, then there is no need to acquaint employees with the staffing table.

5. Is it possible not to use a uniform form?

All disputes about whether it is possible not to use the unified forms approved by the Goskomstat of the Russian Federation in work boil down to the fact that these forms are mandatory for use in accordance with the law “On Accounting” dated November 21, 1996 No. 129-FZ (Article 9). And in accordance with the Decree of the State Statistics Committee of the Russian Federation of 05/29/1998 No. 57a, the Ministry of Finance of the Russian Federation of 06/18/1998 No. 27n primary accounting documents are taken into account if they are drawn up according to unified forms. This means that the organization is obliged to lead them. The decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1 does not say anything about whether these forms are mandatory for personnel officers or not. But both lawyers and personnel officers agree that they are required. If the form of the staffing table is inconvenient for you for some reason, you can make additions to it, “improve” it. However, it is not allowed to remove any details from the form.

Consultant: Elena SHIRIMOVA, lawyer, leading expert of the journal "Personnel Business"

6. Please tell me how to correctly draw up a job description and familiarize an employee with it: create a separate log of familiarization with job descriptions or are there other options?

This procedure is not regulated by regulatory documents. You can choose the most convenient one for you. It can be an acquaintance log, an acquaintance sheet (separate for each employee), and an employee's signature on the job description. The latter option seems to be the most preferable, since it precisely guarantees that the employee is familiar with this particular job description... For this purpose, it is advisable, when issuing a job description, to attach to the document several "Employee Familiarization Sheets", which are sealed and signed by an authorized person (Director, head of the personnel department, etc.) on the stitching, in addition, the date is stamped on the stitching.

Consultant: Nadezhda SENATOROVA, Deputy Director for legal issues LLC "PromAKM"

7. A new division has opened in our organization: car service. Is it possible to include the following positions in labor contracts and, accordingly, the staffing table: specialist in diagnostics of injection engines, specialist in diagnostics of carburetor engines. In ETKS, I did not find such positions.

When considering the issue, it is necessary, first of all, to decide on the remuneration system for the employees of the organization. Article 143 of the Labor Code Russian Federation gives the definition of the tariff system of remuneration, which includes tariff rates (salaries), tariff scale, tariff coefficients. The complexity of the work performed is determined on the basis of their tariffication. Tariffication of works and assignment tariff categories employees are made taking into account the Unified tariff and qualification reference book of jobs and professions of workers, the Unified qualification reference book of the positions of managers, specialists and employees. The specified reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation *. Thus, if the organization has adopted a tariff system for remuneration of employees, then the names of professions and positions should, in our opinion, correspond to the All-Russian Classifier (OK 016-94). Next, you need to pay attention to article 57 of the Labor Code of the Russian Federation, which speaks about the content of an employment contract with an employee. This employment contract, in particular, must contain the name of the position, specialty, profession with an indication of qualifications in accordance with the organization's staffing table or a specific job function. This article states that if, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation *. Thus, if an organization has adopted a different system of remuneration for workers and the performance of work in certain positions, specialties or professions is not associated with the provision of benefits or the presence of restrictions, then the adopted reference books are of a recommendatory nature. For these labor functions, the organization, in our opinion, can, by adopting an appropriate local regulatory act, independently determine the name of the position or profession.

* Decree of the Government of the Russian Federation of October 31, 2002 No. 787 "On the procedure for approving the Unified Tariff and Qualification Reference Book of Work and Professions of Workers, the Unified Qualification Reference Book of the Positions of Managers, Specialists and Employees".

Consultant: Boris CHIZHOV, Head of Department Management social assistance and support of the population of Roszdrav

8. Is the presence of job descriptions mandatory? What are the consequences of their absence?

The Labor Code of the Russian Federation does not contain a provision on the mandatory presence of job descriptions at the enterprise, that is, their registration is not mandatory. However, the following should be considered. In accordance with Art. 57 of the Labor Code of the Russian Federation, the labor contract must indicate the rights and obligations of the employee (these are the essential conditions of the employment contract). Duties common to all employees are enshrined in Art. 21 of the Labor Code of the Russian Federation. Specific labor duties of the employee are fixed in the employment contract concluded with him, the rules of the internal labor schedule, or otherwise. local act organization, as well as in the job description, technical regulations etc. The employee must be familiarized with the local acts of the organization against receipt. That is, the specific job responsibilities of the employee can be specified in any of the above documents. The absence of a document that sets out the specific labor duties of the employee will make it difficult to attract the employee to disciplinary and material responsibility in case of violation by the employee of his official duties, moreover, the imposition disciplinary action for an employee who refuses to perform work not provided for by the terms of the employment contract is considered a violation by the employer of labor legislation. Also, the employer does not have the right to demand from the employee to perform work that is not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation). Thus, I recommend specifying the labor obligations of employees in an employment contract or other local act of the organization.

Consultant: Elena CHERNYSHOVA, Senior Expert of the Tax and Legal Department, Interexpertiza Auditing and Consulting Group.

9. What is the correct name for sales managers according to ETKS? We have a staff list - they are sales specialists. Is this true?

The employer does not have to follow the job titles offered by ETKS. Such a duty arises for the organization only when the title of the position is important for the provision of the employee with the benefits stipulated by law or it is associated with the presence of restrictions (Art. 57 of the Labor Code). Basically, this requirement applies to workers with harmful and (or) dangerous conditions labor, heavy work, etc. Sales managers are not, therefore, you can formulate the names of their positions in the staffing table, employment contract and work books at your discretion.

Consultant: Elena SHIRIMOVA, lawyer, leading expert of the journal "Personnel Business"

10. In our organization, the question arose about the use of ETKS. The personnel department and accounting department insist on the compliance of the ETKS staffing table, and the manager asks for additional arguments, except for article 143 of the Labor Code of the Russian Federation. Help argue for ETKS.

As an argument in favor of ETKS, one can cite the decree of the Ministry of Labor of Russia dated 09.02.04 No. 9 “On the approval of the procedure for the application of a unified qualification reference book for managers, specialists and employees”. It established that qualification characteristics serve as the basis for the development of job descriptions containing a specific list of job duties of employees, taking into account the specifics of the organization of production, labor and management, their rights and responsibilities. In addition, the decree states that ETKS is intended to address issues related to the regulation labor relations providing effective system personnel management of organizations, regardless of ownership and organizational legal forms activities.

However, you need to take into account that the opinion of your manager does not contradict the current legislation, because ECTS is not binding. Moreover, it contains the characteristics of not all positions that you may need. But if the names and job characteristics positions that are used in your organization completely coincide with ETKS, then, of course, it makes no sense to come up with new ones.

Elena SITNIKOVA, lawyer answered the question

11. Tell me where to find job descriptions for positions that are not in qualification handbook.

The job description is a local regulatory act. Consequently, it is developed independently, as a rule, by the personnel department of the enterprise. In the absence of a position for which a job description is being developed in the qualification reference book, the requirements for a position that are similar in their labor functions are taken as the basis.

The question was answered by TAMARA FEDOROVA, expert editor of the journal "Personnel Business"

12. Should the company have a staffing table?

Staffing is local normative document, which is used to formalize the structure, staffing and staffing of the organization in accordance with its Charter (Regulation). The staffing table contains a list of structural divisions, the names of positions, specialties, professions with an indication of qualifications, as well as information on the number of staff units.

In Art. 57 of the new Labor Code of the Russian Federation (“Contents of the labor contract”) directly states that in the labor contract the name of the employee's position, his specialty, profession is made in accordance with the staffing table of the organization. It follows from this norm of the Labor Code of the Russian Federation that the organization must have a staffing table.

* options for job descriptions
* stages of development of regulations on structural divisions, coordination and signing
* work plans of the personnel department, personnel movement and its analysis

DEVELOPMENT OF THE STAFF SCHEDULE

It is used to formalize the structure, staffing and staffing of the organization in accordance with its charter (statute).
The staffing table contains list of structural divisions, positions, information on the number of staff units, official salaries, allowances and monthly fund wages.
In the Labor Code of the Russian Federation there is no direct requirement for the presence of a staffing table in each organization, however, in the decree of Roskomstat of Russia dated 01.15. No. 1 stipulates that unified forms of primary accounting documentation for labor accounting and remuneration, including the T-3 form (staffing table), apply to organizations of all forms of ownership.
It is possible to hire an employee under an employment contract, whether it is his main job or a part-time job, only for the position provided for in the staffing table and in the structural unit of the organization indicated in it.
Who should do staffing? Department of Human Resources? According to the Qualification Handbook of the Positions of Managers, Specialists and Other Employees (approved by the Decree of the Ministry of Labor of Russia dated 21.08.1998 No. 37), the compilation of the staffing table is the responsibility of the labor economist.
Since not every organization has such a position, the company's management independently decides on whom this work is entrusted.
If the head of the organization assigns this responsibility to the employee who has it in the employment contract and (or) job description not registered then this person is appointed by order by main activity.
The approximate wording of an order to assign responsibilities to an employee to create a draft staffing table may be as follows:

ORDER
On the assignment of responsibility for the preparation of the draft staffing table.

Due to the need to develop a staffing table,
I order:
1. Assign responsibilities for the development of the draft staffing table
for deputy general director on financial issues Sidorova V.E.
2. Coordinate the draft staffing table with the heads of all departments.
3. Set the deadline for creating the draft staffing table until December 02, 2019.

The staffing table is drawn up for a specific date, it is usually approved on January 1 annually and is put into effect by order of the head of the organization; as necessary, changes can be made to it (also by order).
But the re-approval of the staffing table for the coming year is not necessary if minor changes were made to it (in this case, a list of changes is drawn up) or they were not made at all.
In this order, in contrast to the standard form of the order for the main activity, there is no ascertaining part, and the order can begin immediately with the words "I ORDER", since no additional explanations are required to put the staffing into effect. Although you can specify the reasons (if any) for the approval of the new staffing table.
An example of the text of the order on the approval of the staffing table:

ORDER
On the approval of the staffing table

I ORDER:
1. To approve the staffing table of December 25, 2018 No. 04 with a staff of 45 (forty-five) staff units with a monthly wage fund of 967,345 (nine hundred sixty-seven thousand three hundred forty-five) rubles.

It is necessary to pay attention to the fact that in the employee's employment contract, the title of the position must correspond to that indicated in the staffing table.
If, in accordance with federal laws, the provision of benefits or the existence of restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in accordance with the procedure established by the Government of the Russian Federation (Article 57 of the Labor Code of the Russian Federation).
On the this moment there are the following guides that you can use when establishing a profession (position) in the staffing table:
ETKS - Unified tariff and qualification reference book of jobs and professions of workers;
Unified qualification reference book of positions of managers, specialists and employees;
OKPDTR - All-Russian classifier of workers' professions,
positions of employees and wage grades.
To draw up the staffing table, it is used form No. T-3 Album of unified forms of primary accounting documentation for labor accounting and remuneration, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004. No. 1.
It should be remembered that unified forms cannot be shortened(all the details of the forms must remain unchanged), but you can make additions to them. If you do not need some section of the uniform form (for example, your organization does not have such a concept as a "surcharge"), the corresponding column of the form can be narrowed down and simply not filled out.
The order of arrangement of structural divisions and positions in them is determined by the head of the organization.
Each structural unit should include established positions for all categories of personnel with an indication of the specialty, from the highest to the junior level.
The total number of staff members on the staffing table must correspond to the estimated number of payroll provided in the estimate.
The names of structural divisions and positions in them are written in the nominative case in accordance with the lists of positions of employees and blue-collar occupations, approved in the qualification reference books.
Particular attention should be paid to the correspondence of these names for workers employed on heavy work, work with harmful, dangerous and other special working conditions, i.e. preferential category when registering a pension.
In the staffing table, the total number of staffing units is put down.
In column 4 "Number of staff units": by positions for which the content of incomplete staff unit taking into account the specifics of part-time work, it is indicated in appropriate shares - 0.25; 0.5; 0.75.
As the results of inspections by the Federal Labor Inspectorate show, most flaws it is revealed when filling out the "salary" column of the staffing table.
When filling out this column, entrepreneurs often make mistakes, indicating a range of values, for example, 5,000 - 7,000 rubles. It is clear that two people holding the same positions in the same organization can work in different ways and receive different salaries. To reflect such features in the staffing table, there is special column "allowances" or introduce essentially the same staffing units as a leading manager and a manager or an assistant manager, a senior economist and an economist, but whose salaries are different.
must be approved at least once a year, and it is not necessary to bring it to the attention of workers.
The main purpose of the staffing table consists in the fact that in the event of the dismissal of an employee under paragraph 2 of Article 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees), to be able to prove in court that the organization did not have the opportunity to employ this employee and that his dismissal was legal, that is the norm about preemptive right to remain at work (Article 179 of the Labor Code of the Russian Federation).
In the event of a labor dispute, the first thing to do is to request the staffing table. If it was not prepared in advance and competently, but in a hurry and especially for the court, then it will be very difficult for the defendant - the employer - to win such a dispute.
Staffing should be stitched, numbered, sealed with the seal of the organization and signed by the head... It is signed Chief Accountant and heads of structural divisions. If the staff is large and the staffing table takes several sheets, then the chief accountant, at his discretion, can sign each sheet or put his signature once (at the end of the document). After that, the staffing table is approved by the order of the head or a person authorized by him and comes into force.

Option for filling out the T-3 form
(to enlarge the image click on the picture)

ORDER OPTION

LLC "Parus"

On the approval of the staffing table.

I ORDER:

1. To approve and put into effect from January 01, 2019 the staffing table in the amount of 150 (one hundred and fifty) units with a monthly payroll of 2 915469.14 (two million nine hundred fifteen thousand four hundred sixty nine) rubles 14 kopecks.
2. The staffing table from 10/29/18. No. 4 shall be deemed invalid
from January 01, 2010.
3. The head of the personnel department Bubnova M.Yu., heads of structural divisions in accordance with article 57 of the Labor Code of the Russian Federation should be guided by the approved staffing table when applying for a job and transferring to another job of LLC "Parus" employees.

I have read the order:

Making changes to the staffing table

There are two ways to make changes to the staffing table.
Firstly, you can change the staffing table itself. The new staffing table for the following registration number approved by the order for the main activity.
Secondly, as a rule, when the changes made to the staffing table are not significant, they can be issued by means of an order for the main activity.
If changes are made to the staffing table by order, then the order header can be as follows:
"On amendments to the staffing table";
"On changing the staffing table";
"On a partial change in the staffing table."
IN as a basis the order may contain the following reasons:
- improvement organizational structure companies;
- carrying out activities aimed at improving the performance of individual structural units;
- reorganization of the company;
- expansion or contraction production basis companies;
- changes in legislation;
- optimization of management work;
- planning and economic calculations of the personnel department,
elimination of duplication of functions, etc. Option to fill out the T-3 form

ORDER OPTION

Society with limited liability"Sail"
LLC "Parus"

On making changes to the staffing table.

In connection with the implementation of measures aimed at optimizing management work, -
I ORDER:

Introduce the following changes to the staffing table No. 462-l dated October 29, 2018 from January 1, 2019:
1. To exclude:
1.1 Organizational department:



- the position of a clerk in the amount of 1 staff unit with a salary of 6 527.57 rubles;
1.2 Administrative division
- the position of an economist in the amount of 1 staff unit with a salary of 10,979.10 rubles;
2. Introduce:
2.1 Administrative division
- the position of a senior economist in the amount of 1 staff unit with a salary of 13,226.73 rubles;
- the position of a legal adviser in the amount of 1 staff unit with a salary of 8 654 rubles;
- the position of Chief of Staff of Civil Defense and Emergencies in the amount of 1 staff unit with a salary of 7,981 rubles;
- the position of an occupational safety engineer in the amount of 1 staff unit with a salary of 10,729.58 rubles;
- the position of a clerk in the amount of 1 staff unit with a salary of 6 527.57 rubles.
Basis: the plan for improving the organizational structure of LLC "Parus".
Director signature N.K. Trubnikov
I have read the order:

Making changes to employees' documents when changing the staffing table

When there is a change in the staffing table, it is necessary to correctly assess the changes that occur in connection with this.
When new positions are introduced into the current staffing table, old ones are excluded, the name of the position is changed, new departments are created, then often these processes affect the already working personnel, and then it is necessary to make changes and adjustments to personnel documents employees depending on what changes are being introduced.
It can be:
1) renaming the position;
2) translation;
3) renaming the department;
4) imposition of additional responsibilities;
5) change in salaries.
In all these cases, the employee personnel service it is necessary to carry out different procedures for processing personnel documents.
Let's consider all these options separately.
1. Renaming a position occurs when an employee working at a given time and performing certain duties does not change anything that would entail a change in his job function or the usual routine of the working day. However, it must be remembered that according to Art. 57 of the Labor Code of the Russian Federation, the name of the position, specialty, profession is an essential condition of the employment contract. Article 73 of the Labor Code of the Russian Federation provides that for reasons related to changes in organizational or technological working conditions, at the initiative of the employer, it is allowed to change determined by the parties essential terms of the employment contract. A prerequisite is that as a result of such changes, the employee's labor function must remain unchanged. In addition, part 2 of Art. 73 of the Labor Code of the Russian Federation also establishes a special procedure for such changes - the employee must be warned in writing no later than 2 months before their introduction.
Thus, in the case of renaming the position, in addition to making changes to the staffing table (by issuing an order for the main activity), it is necessary to obtain the written consent of the employee... If the employee does not agree, one should act in the manner prescribed by Art. 73 of the Labor Code of the Russian Federation. After that, appropriate adjustments are made to the personal T-2 card and work book.
An example of making an entry:

In connection with the change in the staffing table No. 12 dated 09.24.2018. I order:
1. To rename the position "secretary of the reception" into the position of "secretary of the administrative apparatus".
2. Make changes to personnel and accounting documents by March 10, 2019.
3. Appoint Panina A.V., a specialist in the HR department, to be responsible.
and chief accountant Sokolov L.D.

An example of making an entry in a work book.

In the event that the name of the structural unit is indicated in the employee's employment contract, then its renaming (changing the name, for example, instead of "marketing department" - "department marketing research") in the absence of a change in the employee's labor function or other significant working conditions, it is carried out in the same way as a change in the name of the employee's position (ie, if the requirements of Article 73 of the Labor Code of the Russian Federation are met).
Note! Essential the condition of the employment contract is precisely the labor function of the employee, and not the name of the position, therefore changing the name of the position without changing job responsibilities does not require employee consent
2. Change in salaries
Since the condition of remuneration is an essential condition of the employment contract, the employee must be required to change this condition by the employer. warned in writing 2 months in advance before the introduction of the specified change
When salaries change in the staffing table, it is necessary to make changes to the following employee documents:
1. Employment contract.
Since according to Art. 57 of the Labor Code of the Russian Federation, the essential conditions of the employment contract are the terms of remuneration (including the size of the wage rate or the official salary of the employee, additional payments, allowances and incentive payments), then when the salary rate changes, it is necessary to draw up changes to the employment contract.
An example of making changes (additions) to an employment contract.
Once again, I draw your attention to the fact that the approximate content of the text is given, and the design must necessarily comply with all regulatory requirements with the details of the parties.

ADDITIONAL AGREEMENT
to the employment contract dated 10.03.2011 No. 123.

Open Joint-Stock Company"Sever" represented by its General Director Konstantin Sergeevich Kolobov, acting on the basis of the charter, hereinafter referred to as "employer", on the one hand, and secretary of the reception office Smirnova Marina Yurievna, hereinafter referred to as "employee", on the other hand, have agreed on the following:
1. Replace in clause 1.2 of the contract the word “reception” with the words “electronics department”.
2. In clause 3.2 of the agreement the phrase salary in the amount of 7000 rubles shall be replaced by a salary in the amount of 12,000 rubles.
3. To add clause 5.6 to the agreement as follows: The employee has the right to an additional paid vacation of 6 calendar days.
4. These changes are made in duplicate and are a mandatory annex to the employment contract concluded between the parties.
2.Personal card T-2 (section 3)

OPTION

AGREEMENT
to the employment contract No. 16 dated 10.10.2015, concluded
between LLC "Parus" and Petrov Oleg Arkadievich

on amendments to the employment contract
in connection with the transfer of an employee to another job

Samara

Limited Liability Company "Parus", referred to as the "employer", represented by the CEO Antonov Pavel Alekseevich acting on the basis of the Charter, on the one hand,
and Petrov Oleg Arkadevich, called "employee" (passport 18 04 333615, issued on 10.02.2003 by the Central District Department of Internal Affairs of Samara), on the other hand,
in connection with an application received from an employee for the transfer to the position of a legal adviser,
have entered into this agreement to amend the employment contract.
1. To exclude the following points from the employment contract No. 16 dated 10.10.2015, concluded between LLC Parus and Petrov Oleg Arkadievich (hereinafter referred to as the Employment Contract): p. 1.7, p. 1.9.

2. State clauses 1.1, 4.1 and 5.1 in a new next edition Labor contract:
"1.1. The employee is hired for the position of legal counsel in the legal department of the employer.
Under this employment contract, the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for labor legislation and other regulatory legal acts containing norms labor law, collective agreement (if concluded), agreements, local regulations and this agreement, timely and in full pay wages to the employee, and the employee undertakes to personally fulfill the obligations specified in this agreement and the employee's job description, to comply with the internal labor regulations, acting for the employer.
The employee is familiar with the job description of the legal adviser.
The date of commencement of work, that is, the date from which the employee is obliged to start work as a legal adviser - May 20, 2019.»

"4.1 An employee is assigned a 40-hour work week, standardized working day.
The time of start, end of work, breaks in work is determined by the following:

Monday Friday
Start of work 9.00
Lunch break 13.00-14.00
End of work 18.00
Pre-holiday days
Start of work 9.00
Lunch break 13.00-14.00
End of work 17.00

The employee is provided with days off: Saturday, Sunday. "
"5.1. The employer undertakes to pay the employee a monthly salary in the amount of 15,000 (fifteen thousand) rubles."
3. The terms of the employment contract not affected by this agreement remain unchanged.
4. This agreement, and accordingly all the amendments to the employment contract agreed upon by it, come into force on May 20, 2009.
5. This agreement is an integral part of the employment contract.
6. This agreement is drawn up and signed in two copies: one for each of the parties, while both copies have equal legal force.

Details and signatures

Employer: Employee:

STAFF CHANGE PROCEDURE

Question:
Is it mandatory for an LLC to bring the title of a position in accordance with the All-Russian Classifier OK 016-94 of workers' professions, employee positions and wage grades (approved by the Resolution of the State Standard of the Russian Federation of December 26, 1994 N 367) and with the Qualification Reference Book of the positions of managers, specialists and other employees (approved Resolution of the Ministry of Labor of Russia dated 08.21.1998 N 37)?

Answer:
In accordance with part two of Art. 57 of the Labor Code of the Russian Federation, the labor function is indicated in the employment contract with the employee. In this case, the labor function of an employee is determined by the name of his position in the staffing table. If in accordance with Labor Code RF, other federal laws with the performance of work in certain positions, professions, specialties is associated with the provision of compensation and benefits or the presence of restrictions, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the procedure established by the Government of the Russian Federation.
Pursuant to Article 57 of the Labor Code of the Russian Federation, the Government of the Russian Federation by Decree of October 31, 2002 N 787 "On the procedure for approving the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers, the Unified Qualification Reference Book of the Positions of Managers, Specialists and Employees" The Unified tariff and qualification reference book of the work and professions of workers and the Unified qualification reference book of the positions of managers, specialists and employees and the procedure for their use, as well as approve the specified reference books and the procedure for their use.
Currently, for the purposes of Art. 57 of the Labor Code of the Russian Federation apply: Qualification reference book of positions of managers, specialists and other employees (approved by the Decree of the Ministry of Labor of Russia dated 21.08.1998 N 37) (hereinafter referred to as the Qualification reference book), which includes the qualification characteristics of mass positions common to all sectors of the economy, the most widely used in practice, and Unified tariff and qualification reference books of jobs and professions of workers by industry (hereinafter - ETKS).
According to clause 2 of the Decree of the Ministry of Labor of Russia of 08.21.1998 N 37 and the preamble of the Qualification Handbook, its provisions are recommended for use in enterprises, institutions and organizations of various sectors of the economy, regardless of ownership and organizational and legal forms in order to ensure the correct selection, placement and use frames. Thus, the Qualification Handbook is advisory in nature and is not mandatory for use.
In accordance with clause 2 of the Qualification Handbook, its construction is based on an official characteristic, since the requirements for the qualifications of employees are determined by their official duties, which, in turn, determine the names of positions.

At the same time, the names of positions of employees, the qualification characteristics of which are included in the Qualification Handbook, are established in accordance with the All-Russian Classifier OK-016-94 of occupations of workers, positions of employees and wage categories. The all-Russian classifier OK 016-94 of workers' professions, employee positions and wage grades (hereinafter - OK 016-94) was approved by the Resolution of the State Standard of the Russian Federation of December 26, 1994 N 367 (entered into force on 01.01.1996). The section "Introduction" indicates that OK 016-94 is designed to solve problems related to the assessment of the number of workers and employees, taking into account the composition and distribution of personnel by categories of personnel, skill level, degree of mechanization and working conditions, issues of employment, organization of wages workers and employees, calculating pensions, determining the additional need for personnel and others at all levels of management of the national economy in conditions of automated information processing.
It should also be noted that, taking into account the provisions of these reference books, the tariffication of work and the assignment of tariff categories to employees is carried out (part eight of article 143 of the Labor Code of the Russian Federation).
Thus, the employer's bringing the names of positions in accordance with the Qualification Directory, ETKS and OK 016-94 is mandatory for the employer only if the provision of compensation and benefits is associated with the performance of work in certain professions or positions (for example, the right to additional vacations, on early retirement), or the presence of restrictions (for example, when performing heavy work, work with harmful and (or) hazardous working conditions), as well as when charging work and assigning tariff categories to employees.
Currently, there is a uniform procedure for classifying a particular profession or position as work with harmful and hazardous working conditions, which is mandatory for all employers. The classification of working conditions at workplaces as harmful and (or) hazardous is carried out based on the results of certification of workplaces carried out in accordance with the Procedure for certification of workplaces for working conditions, approved by order of the Ministry of Health and Social Development of Russia dated 04.26.2011 N 342n (hereinafter referred to as the Procedure). According to clause 3 of the Procedure, the certification results are used to bring the names of positions (professions) into line with the names specified in All-Russian classifier OK 016-94 occupations of workers, positions of employees and wage grades (OKPDTR) (adopted by the decree of the State Standard of the Russian Federation of December 26, 1994 N 367).
Certifying commission, which includes representatives of the employer, labor protection specialist, representatives of the elected body of the primary trade union organization or other representative body of workers, representatives of the certification organization, prepares proposals for bringing the names of professions and positions of employees in accordance with the requirements of the Unified tariff and qualification reference book of jobs and professions workers (ETKS) and the Unified qualification reference book of positions of managers, specialists and employees (EKS) (clause 10, clause 12 of the Procedure).

In the organization, some positions do not correspond to the ETKS and the qualification directory of positions. How to reissue them correctly? What entry is made in work book?

Based on part two of Art. 57 of the Labor Code of the Russian Federation, if, in accordance with the Labor Code of the Russian Federation (other federal laws), the provision of compensation and benefits is associated with the performance of work in certain positions, professions, specialties, or restrictions are established, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the Unified Tariff and Qualification Reference Book of Work and Occupations of Workers (ETKS) and the Unified Qualification Reference Book of the Positions of Managers, Specialists and Employees (EKS).

Therefore, job titles should be indicated in the employment contract, staffing table and work books in strict accordance with the named reference books. In this regard, it is necessary to make appropriate changes to, labor contracts, work books of employees.

Staffing table ( uniform form N T-3, approved by the decree of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1) is one of the local regulations of the organization (Article 8 of the Labor Code of the Russian Federation). Changes to the staffing table are made in accordance with the order (decree) of the head of the organization or a person authorized by him. It is necessary to familiarize those employees with changes in the staffing table.

When making changes to the staffing table, several options are possible.

Some experts believe that in the event that the changes are of a single nature, it is more expedient to issue an order to amend the staffing table. In this case, the changes made can be recorded in the order itself, and in the staffing table, opposite the corrected position (in the note), indicate the number and date of the change order.

Another option is to issue a new or additional staffing table. In this case, the additional staffing table will operate along with the previous staffing table. In this case, the additional staffing table, like the main one, is approved by the order of the head.

In the event that you decide to issue a new staffing table, it will be necessary to indicate in the approval order that the previous staffing table is no longer valid. Thus, you can choose the most convenient option for you.

A change in the name of a position formally implies a change in the employee's labor function, i.e. transfer of an employee to a new position. Labor function(work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee) is a prerequisite labor contract (Article 57 of the Labor Code of the Russian Federation).

By general rule Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties, with the exception of cases provided for by the Labor Code of the Russian Federation, while such an agreement is concluded in writing (Article 72 of the Labor Code of the Russian Federation).

The agreement of the parties is drawn up in the form of a written addendum to the employment contract, which specifies all changes made to it.

These changes include, in particular, the title of the position, as well as, depending on the specific situation, other conditions, for example, job responsibilities, salary, etc.

The additional agreement signed by the parties is an integral part of the employment contract and confirms the employee's consent to the transfer.

On the basis of this agreement, the employer will have to issue an order to transfer the employee to a new position (unified form N T-5, approved by the decree of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1). On the basis of the transfer order, notes are made in the employee's personal card (unified form N T-2), as well as in his personal account (unified form N T-54 or N T-54a).

According to the fourth part of Art. 66 of the Labor Code of the Russian Federation information about transfers to another permanent job are entered in the employee's work book. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, making forms of work books and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules). The procedure for filling out work books is established by the Instruction for filling out work books, approved by the decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69.

In accordance with clause 10 of the Rules, all records of the work performed, transfer to another permanent job are entered in the work book on the basis of the corresponding order (instruction) no later than a week.

Clause 3.1 of the Instruction stipulates that in column 3 of the "Information about work" section of the work book, entries about the name of the position (work), specialty, profession with an indication of qualifications are made, as a rule, in accordance with the organization's staffing table.

The entry in the work book about the transfer to another job will look like this:

the serial number of the record is entered in column 1 of the section "Information on work";

in column 2 - the date of transfer;

in column 3 it is written: "Transferred to such and such a position";

column 4 indicates the date and number of the order (instruction) on the transfer.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Avdeikina Alevtina

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim

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