The job description is presented by a special document containing information about what duties should be performed by employees in the company. When employing any person, an employment contract is concluded with the head. On the basis of it, a specific position is provided to a citizen in accordance with the staffing table. The job description spells out all the labor functions that a specialist is endowed with. Often there is a need to add or change these functions. Under such conditions, changes are made to the job description by the enterprise management. The procedure should only occur with the consent of the employee.
What is a job description?
There is no official information in the TC about what this document is. It is considered a local regulatory act relevant to the work of workers. With its help, the emerging relations between the employer and the employees of the enterprise are regulated.
The instructions list all the job responsibilities assigned to the employee of the enterprise. For this, the qualifications of the hired specialist are taken into account.
What functions are performed by the document?
At the enterprise, the document performs several functions at once:
- staffing in the company is fixed;
- labor duties are distributed among all employees;
- labor discipline at the enterprise is controlled;
- the occurrence of numerous complaints or claims when receiving different salaries by citizens holding the same positions is prevented.
But the main purpose of the document is to determine the responsibilities that are assigned to the employee of the enterprise. Additionally, it lists the rights of a citizen. Since the document is considered significant and important, there must be significant reasons for its change.
When are changes allowed?
The need to amend the job description of an employee may arise for various reasons. The legislation does not contain information on how this process is carried out correctly, therefore each company should independently fix the rules in the normative local documentation.
The reasons for making changes to the job description are usually represented by the following situations:
- any unique technologies are being introduced into production, due to which employees must perform new tasks;
- the company moves to a new management model;
- some corrections are required in connection with the retraining or advanced training of a particular employee;
- expanding the duties of the employee with a simultaneous increase in his salary.
The procedure for amending the job description should be carried out only with the prior approval of the employee.
Often the instruction acts as a specific application to the labor agreement. Under such conditions, changes are allowed only by drawing up an additional agreement. If the instruction is a separate document, then to introduce new information a new document is formed, including all changes. Additionally, a new job description may be formed.
Adjustment Rules
Amendments to the job description should be carried out when taking into account the rules:
- all employees are notified of innovations;
- employees must agree to the procedure;
- on the amended document must be signed by a specialist;
- it is allowed to introduce innovations unilaterally by the employer, if such changes are not related to the main conditions of the labor agreement.
Often, workers disagree with adjustments. In this case, a compromise is required, but at the same time, the employer cannot make a decision on his own.
What to do when an employee refuses?
The procedure for amending the job description of the employee implies the consent of the specialist to this process. But often employees do not want any additional labor functions to be added, therefore they refuse to accept innovations.
The requirement for the consent of the employee is due to the fact that if his labor functions are changed, then not only the instruction itself, but also the labor contract should be adjusted. This process requires the consent of a specialist.
If the instruction is a separate internal act of the enterprise, then making adjustments will not lead to a change in the employment contract. In this case, the employer may change the text of the document without the consent of the employee.
Procedure for changing a document unilaterally
The process depends on whether adjustments are made to the employment contract or not. If the instruction is presented in a separate document, then its content is not related to the labor agreement. The procedure for making changes to the job description under such conditions requires the implementation of sequential actions:
- a new edition of the document is being formed;
- new documentation is approved by the management of the company, for which a corresponding order is issued;
- the employee learns the new instruction, and then signs it.
Typically, this method is used if a specialist is entrusted with certain duties, corresponding to his position and qualifications. Under such conditions, the specialist’s labor functions do not change, therefore, consent to make adjustments is not required.
Amendment of instructions with adjustments to an employment contract
Often it is necessary to give an employee completely new responsibilities and powers, therefore, his consent is required to amend the job description. An example is the situation when different positions are combined by one specialist. In this case, the procedure is divided into stages:
- initially, a new version of the document is prepared containing information on what adjustments will be made to the labor function of a particular employee of the enterprise;
- a company employee is notified that his job responsibilities will be changed;
- it is required to obtain permission from the specialist to make adjustments, since he must agree that he will have to cope with his duties at work when taking into account new conditions;
- an additional agreement is formed to the existing labor contract;
- the employer issues an order on the basis of which a new version of the job description is approved;
- the order is transmitted to the employee for review, after which the citizen puts his signature on this document.
Under such conditions, an instruction is formed in the form of a separate document. A lot of attention is paid to properly notifying employees and drawing up an order to amend the job description. These documents must be stored in the company for at least five years, so that the employer has evidence that all adjustments have been made taking into account the requirements of the law.
Rules for drafting an order
When making adjustments to significant documents related to the employees of the enterprise, it is mandatory to issue an order to the employer. A sample order to amend the job description is contained below.
When compiling this document, information must be entered into it:
- order number at the enterprise;
- name of the documentation and the company issuing the order;
- date of preparation of the document;
- company details;
- information about the job description itself, which requires adjustments;
- all changes introduced are listed, for example, which items are expired and which information is new to this document;
- the date is specified when the adjustments enter into force, and usually this process occurs from the moment the information about the changes is transferred to the employee of the enterprise, and any specific date can be assigned for this;
- the employee of the personnel department of the company has the obligation to transmit information about the changes to the employees of the enterprise.
Without an order to amend the job description, adding new items to this document will not be considered legal. Therefore, under such conditions, an employee of the enterprise may file a complaint with the labor instructions.
How is the order taken into account and stored?
The order is considered the main document for each organization, so it is important to correctly store it in the company. It is also required when making changes to the job description. A sample of this document allows you to competently draw it to any company manager.
After the issuance of the order, employees should be familiarized with it. After that, information about this document is entered in a special accounting journal. It should contain data on the date of its publication, as well as its number.
A finished document signed by all interested parties is filed in the accounting journal. It must be kept with the company for at least five years, although some organizations retain such important documents for a longer period of time.
Information about the storage periods of various documents at the enterprise is usually contained in the internal documentation of the company.
How is a notice drawn up?
If changes are required that affect the labor functions of the employee, then the employee must be notified of such a decision by the employer. Additionally, he is required to obtain permission for such adjustments, otherwise, changes to the job description are not allowed. The notification must be prepared in advance, and the following data shall be included in it:
- all the adjustments made to the job description are registered;
- the rationale for such a decision is given by the organization’s management;
- Positive moments for the employee are indicated, which can be represented by his increase or increase in salary.
The employee must familiarize himself with this notification, and if he agrees to the corrections, he puts a signature on this document. Additionally, he will have to sign on the order.
Change of employee functions by agreement of the parties
Changing the terms of the contract can be carried out not only at the initiative of the employer, but also by agreement of the parties. For this, the rules contained in Art. 72 shopping mall. In this case, an additional agreement is formed that is attached to the employment contract. It includes all adjustments to the labor functions of an enterprise employee.
The basic information about what rules should be changed in the instructions is contained in Art. 62 shopping mall. If the employer, for various reasons, changes the information in this document without the consent of the employee, which leads to a significant change in the labor functions of a specialist, then a citizen can appeal to the labor inspectorate or court. Therefore, each employer must be responsible in their duties.
Conclusion
Amendments to the job description may be required for various reasons. The procedure depends on whether these adjustments relate to the immediate labor duties of the employee or not.If you need to change some points in the employment contract, then the consent of the employee is mandatory. If the adjustments do not affect the content of the agreement, then they can be made unilaterally by the employer.
If the head of the company violates the rights of employees by his actions, then he can be held administratively liable for heavy fines. Additionally, the court may invalidate the amendments.