What is the staffing list and what is it for? Is it possible to change the name of the position in it? What documents govern this moment? We will answer all questions in the article. Let's start with the definition and gradually move on to the rest. So, we started.
The concept
The staffing is formed at the stage of creating the enterprise. The document must be executed in accordance with the size of the authorized capital and the amount of work.
But this does not mean that the staffing table does not change. If the organization needs additional units, then the document is amended. The latter must be introduced so that they do not contradict the law.
What is regulated
The staffing table is the main document of the enterprise, which is executed in any institution. The form of ownership does not matter. The document records the number of employees, defines the collective system, subordination and indicates that the workplace is provided in accordance with the law.
Under the law, the applicant can be hired only if the name of the position for which he is applying is fixed in the staff list. The same applies to the transfer to a vacant place.
The staffing table is drawn up according to the T-3 form, and until 2013 it was not allowed to make any changes to it. Since 2013, it is allowed to introduce changes that are due to the specifics of the enterprise, but you can not cancel the form T-3.
The 57th article of the Labor Code states that the profession of an employee in an employment contract should be indicated in accordance with the name of the position in the staffing table. And in the 15th article of the code stipulates that labor relations arise only after the conclusion of the contract, where the labor function should be indicated according to the staffing table.
It turns out that the schedule plays a crucial role in the work of the enterprise. It reflects the state organization with a change of personnel and helps to optimize it by adding jobs or renaming posts.
When changes are made
The name of the posts in the staffing table is not a constant. This is because the enterprise operates in different modes and has different economic resources. What are the reasons for changing the names of posts in the staff list?
- The person holding the position has increased the circle of duties. This includes only those moments that are enshrined in the 60th article of the Labor Code.
- The structural unit is renamed due to the fact that the type of activity is changing or the scope of services is expanding. This paragraph is also governed by article 60.
- Vacancies are brought into compliance with ETKS if the company has harmful working conditions that allow early retirement. It is regulated by article 195 of the Labor Code.
- The profession has a name changed to meet professional standards. They are set out in article 195.
- The professions are renamed before certification, which is required by federal law No. 426.
- Changing the name of a position in the staffing table to a more status one. This is to ensure that employees have motivation.
- The name is changed so that it is clear what responsibilities a person performs.
Rename process
Changing the name of posts in the staffing table occurs in a certain order. It is established by law and cannot be violated.
Article 372 of the Labor Code obliges, when amending or adopting a local act, the head of the organization to coordinate actions with the trade union body.
In addition to the draft future schedule, you need to indicate the reasons for making changes. The latter should be in writing, five days are given for their consideration. After the time, the union will make its decision.
It is important to understand that coordination with the union is not always required. Only when you need to change the name of most posts, for example, before certification. If a new department is formed or, conversely, the number of vacancies is reduced by more than five percent of the number of employees, then it is also necessary to coordinate the changes with the trade union.
But before you change the name of the position in the staff list, you do not need to coordinate anything.
Procedure
It does not matter what changes will be made to the schedule, because the procedure is established by law and has no options. So, how is the change in the names of professions?
- An explanatory note is compiled with reasons for adjustment. For example, if a deputy director leaves, and a new employee also combines the position of head of department, then the head of the enterprise decides to replace the position of deputy director with the deputy director-head of the department.
- An administrative act is issued on amendments to the schedule. After a decision is made by note, an order follows to change the name of the position in the staffing table. An employee who is engaged in personnel will have to make changes not only to the schedule, but also to the employment contract and personal file.
- Changes are made after the order has entered into force. As soon as an order appears, changes are immediately made. In addition, you must indicate that the adjustment was carried out by order of the leadership, as well as put the number and serial number of the order.
This is an ideal procedure, which is described in the law, but nothing goes so smoothly. Before you change the name of the position in the staff list, you need to consider all the nuances. For example, it is very important how many posts undergo changes, whether a vacancy is open for a post with a changed name and so on. It is the circumstances of the change that make the procedure more complicated.
Changes for the whole department
When a department with a large number of employees is renamed, it is much easier to make a new schedule than to make changes to an existing one.
To do this, you need:
- Write an explanatory note stating the reasons for the changes.
- Get an administrative document (order) that changes can be made.
- Notify all employees that the job title will change.
- Issue an order stating that the new schedule has been approved.
- Create a schedule.
When the name of the department changes, it is imperative to take into account the norms of the Labor Code. They prescribe respect for the rights of workers if a change in name occurs.
Article 57 of the Labor Code states that when adjusting the name of a department, these changes must be reflected in the employment contract. Only after the consent of the employee can further transformations be carried out. It turns out that the head of the organization must first bring information about the changes to his employees no later than two months. And only after this period to issue an order that will approve the new schedule.
In a situation when the department is just starting its work, and the vacancies, respectively, are still vacant, there is no need to wait sixty days. All papers can be approved in a few days.
Changes for one post
If it is necessary to change only one position in accordance with the staffing, then the consent of the employee who holds it is required.The procedure does not differ from the previous one either by the notification period (two months) or by the procedure itself.
The introduction of a new position
How to add a new position to the staff list? You need to write an explanatory note, receive an order that permits changes, and make adjustments to the schedule. Since adding a post to the staff list does not affect the rights of employees, then there is no need to notify them of the changes.
How employees are notified
Section 74 of the Labor Code obliges the employer to warn employees about changes in the terms of the employment contract. And the renaming of the position, of course, refers to the adjustment of labor conditions.
The head of the company is obliged not only to ask for an opinion on the changes, but also to offer vacancies, if any, to employees who can apply for them.
The notice of changes should indicate not only the reasons for making adjustments, but also open vacancies that you can take.
Documents
We have already said that the manager can make changes to the staff list in several ways:
- Make adjustments in the current schedule.
- Create a new document.
When most posts undergo changes or a new department is created, it’s easier to create a new schedule than to make numerous changes.
If you need to enter a position in the staffing table, the order is formed to make changes. The same administrative document is issued when it is necessary to change the name of only one post.
In addition to the order, it is necessary to draw up a package of additional documents, but this should be done after the changes have been made.
At the end of the adjustment procedure, the manager must develop a job description, an additional agreement and a personal card.
Be sure to rewrite the correct position title in the staff list in the work book after making the changes.
Nuances
How to behave if an employee does not agree with the changes? What actions will be right on the part of the employer? Is a change in staffing considered a reason for the transfer? All these questions need to be answered, because, as you know, life consists of the nuances.
When the name of the post changes, the workplace and terms of reference remain the same. That is, when adjusting the staffing, there is no need to transfer an employee to another position. This is due to the fact that the administrative document confirms the activities of the employee legally in the organization.
We have already said that before changing the name of the position in the staff list, you need to notify employees. As a rule, the adjustment of the name does not have any consequences for the staff, but still not all employees agree with the need for changes. What to do in a situation where workers are against making changes? If such a situation occurs, the employer must offer the employee another vacancy, while it does not have to correspond to the person’s qualifications. The law permits that the proposed position may be paid less or have lower qualifications for the employee.
When there are no vacancies or the employee does not want to be transferred, he is fired according to article 77 of the Labor Code. The employer must pay a two-week allowance to the laid-off employee.
Documents for the court
It may happen that the disagreement between the employee and the head of the organization is very significant and it is not possible to resolve the issue without a trial. The Labor Code (Article 392) requires an employee to appeal to a court if the employer violates labor rights. This can only be done no later than three months after the violation of rights.
It is important to understand that it is not enough to file a lawsuit, you still need to provide evidence of your innocence, and also confirm the absence of the need for renaming. That is, the employee must prove that the certification of the place of work and professional standards were not followed at the enterprise. And if the data specified in the documentation of the enterprise does not comply with ETKS, then the employee will have problems with obtaining a retirement pension. And the blame for the obstacles in the design will lie entirely with the head of the organization.
Even the fact that the order was not issued in accordance with the model on changes in the post in the staff list (T-3) is already a serious reason for the trial.
Who is developing staffing
The law does not define people who can deal with this issue. In practice, it turns out that the head of the organization is engaged in the development and approval of the staffing table. The employer can also draw up an order that assigns the responsibility for maintaining the staffing table to a specific employee. In addition, such a duty can be fixed in the job description, as well as in the employment contract.
Most often in enterprises, the staffing or accountant is engaged in maintaining the staffing table. Perhaps the performance of these duties and a lawyer. Large companies have a labor protection department or a planning and economic service, which is involved in making changes to the schedule.
Individual entrepreneurs, due to understaffing, can do this themselves or entrust an accountant with it.
It is best to enter a schedule in the early days of the month, as wages are paid every month.
How often can I change staffing levels?
The law does not regulate this issue. But it’s most logical to make a schedule no more than once every twelve months, because this is a planned document. And you can also approve one schedule for several years, if there is no need to make adjustments to it or if global staff changes are not planned.
Conclusion
As you can see, the staffing does not have a negative impact on employees. On the contrary, the employer can stimulate the work of the latter if he changes the names of the posts to more respectable ones. Of course, disputes arise between employees and the manager, but they are caused more by personal reasons than by serious violations of labor law.
The staffing table occupies an important place among the local acts of the organization. If it is incorrect to compile or indicate the name of the position that does not correspond to the entry in the employee’s work book, the latter will have many problems when applying for a retirement pension. In addition, it is important that the job title correctly reflects the responsibilities that are assigned to the employee. For example, if a woman leads a needlework circle, then she works as a teacher. In the case when the position of the circle’s leader is recorded in the workbook, the employee can no longer be considered a teacher. Hence, problems arise with early retirement, if it is laid by profession.
All these points should be checked by the employee himself when installing, because most of all he needs it. The human factor also plays an important role, but nevertheless, everyone should be responsible for their own future.
Keep this in mind and do not let your rights be violated, and it’s not just labor standards. This principle must be observed throughout life, then there is no need for someone to prove something.