Changing the name of a position in the staffing table. Features of changing the title of a position in the staffing table of an enterprise. Renaming or translation

Renaming a position in the staffing table - the procedure for this has some peculiarities, and deviations from it can lead to serious legal consequences. In this article we will tell you what needs to be done.

Why you need to determine the procedure for changing job titles in the staffing table: what could be the consequences of wrong steps

Whatever its form, the names of positions and structural units are included in the content of this document. You will learn how this looks like in an example from the appendix to the article Sample of filling out a staffing table. The discrepancy between the job titles in the staffing table and the employment contract can be regarded as a direct violation of Art. 57 of the Labor Code of the Russian Federation and entail liability under Art. 5.27 Labor Code of the Russian Federation.

The peculiarity of the change in the name is that the procedure depends on the legal qualification of the situation. In some cases, it is necessary to follow the procedure for reducing positions in the staffing table (Rostrud warns that if there are inconsistencies, it is impossible to carry out staff reductions correctly, see letter No. PG/13229-6-1 dated January 21, 2014). An incorrectly chosen course of action can also lead to a violation Labor Code.

Making changes to job titles in the staffing table: options

Cases when it may be necessary to change the name of a position in the staffing table may be different:

correction of a technical error or inconsistency of the name specified in the employment contract;
changing the job title without changing the content of the work;
change by decision of management in connection with substantive and (or) organizational changes in the department, etc.

Correct execution of adjustments is determined by the legal qualification of the content of the change in terms of the impact on legal relations with employees. In this regard, the procedure will depend on which of 4 situations occurs:

Lack of legal significance for existing labor relations (position is vacant).
Changing the terms of an employment contract without changing the labor function.
Moving.
Translation.

Changing the staffing table is within the authority of the employer (letter of Rostrud dated March 22, 2012 No. 428-6-1) and in this capacity - in its pure form - will be implemented in the first version. In 3 others, it is associated with the issuance of orders for personnel (more about the concept in the article Orders for personnel - what are these orders?) and the preparation of relevant documents.

Let's look at the order of change, and then the options for action in each situation.

How to change or introduce a new position in the staffing table: what documents to draw up, whether the position code or abbreviations should be indicated

The procedure for renaming a position or introducing a new position is traditional:

preparation of draft orders for amendments and a new edition of the staffing table;
sighting;
issuance of an order (signing, registration).

If the name of the new position consists of several words, it can be shortened (for example, HR inspector - QA inspector). In accordance with clause 11 of the rules of conduct..., approved. By Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, all entries in the work book are made without abbreviations; there is no such regulation regarding the staffing table.

However, it is undesirable to make a reduction if the provision of benefits or compensation is associated with occupying a position and technical errors are possible when deciphering the name in personnel documents.

The position code is indicated according to OKPDTR ( All-Russian classifier professions... OK 016-94, approved. Resolution of the State Standard of the Russian Federation dated December 26, 1994 No. 367), if the law associates the presence of any benefits or restrictions with her occupation. In other cases, no code is required.

Some design nuances can be viewed in the materials on the website using the links: How to correctly make changes to the staffing table? , What does an order to change the staffing table look like? .

Approval of the new version is sufficient only if the position being changed is vacant or the title of the position is brought into compliance with the employment contract. In other situations, the list necessary actions expands or changes.

What to do if the name of the position occupied by an employee or a structural unit changes

Let's consider options not related to changing the content of the employee's duties:

Only the name changes, the responsibilities remain the same:
- in addition to changing the staffing table, an additional agreement is concluded with employment contract(Article 72 of the Labor Code of the Russian Federation), perhaps unilateral change in accordance with paragraph 1 of Art. 74 of the Labor Code of the Russian Federation with written notice to the employee at least 2 months in advance;
- an entry is made in work book employee in accordance with clause 3.1 of the instructions for filling..., approved. Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69: “ The position “senior accountant” was renamed to “chief accountant”", with reference to the modifying order.
The structural unit changes, the following moves occur:
- in addition to changing the staffing table, a relocation order is issued, with which the employee must be familiarized;
- if the name of the unit was indicated in the employment contract, an additional agreement to it is concluded (Article 72.1 of the Labor Code of the Russian Federation).

In these situations, the presence of organizational changes is confirmed by the exclusion of previous names from the structure of the organization. The preservation of the function is confirmed by comparing the texts of job descriptions.

The employee's job function changes

In a situation where not only the title of the position, but also the responsibilities for it are subject to change, the following applies:

a position with a different name is introduced into the staffing table (the old one is temporarily retained), a new job description is issued;
an additional agreement is concluded to the employment contract on transfer to a new position (Article 72.1 of the Labor Code of the Russian Federation), a corresponding entry is made in the work book;
the previous position is excluded from the staffing table.

You cannot exclude a previous position from the staffing list while it is occupied. When the labor function changes ( job responsibilities) only translation can be applied. The previous position is being reduced, therefore, if the employee does not agree with the transfer, it is necessary to formalize dismissal due to staff reduction ( appellate ruling Novgorod Regional Court dated 06/07/2017 in case No. 2-99-33-1115).

So, a change in position is formalized differently depending on the situation:

when brought into compliance with the employment contract - by issuing a new version of the staffing table, which does not need to be familiarized to the employee;
when changing the name - by adjusting the terms of the employment contract under Art. 74 Labor Code of the Russian Federation;
when changing a structural unit - by moving;
and in the event of a change in job function - in the form of a transfer to a new position with a reduction in the previous one.

The article describes how a position is renamed in the staffing table, the correct procedure, and explains the nuances of the legislation.

When a person gets a job in a company, he goes to a specific position. The employment contract specifies the position and name of the department where the specialist is hired. Article 57 of the Labor Code establishes the rule that the title of a position is essential condition agreement.

The manager does not have the right to simply decide to change the specialist’s place of work. The Constitution and the Labor Code establish guarantees for workers. The director of the company cannot change the terms of the agreement unilaterally.

Any changes are formalized in the form of an additional agreement. A document becomes legally binding when both parties sign it. One copy of the document is stored at the enterprise, the second is given to the employee against signature. The first copy bears a mark indicating that the specialist has received his document.

Important! If conditions change labor contract, it is necessary to compose additional agreement. The signatures of the parties to the agreement mean that they agree with the changes made.

There will be no problems with how to rename a position in the staffing table if you proceed in order.

How to draw up staffing

Any company must have a staffing table.

2 information it indicates:

how many positions are there for each position;
amount of remuneration.

The form is approved by the State Statistics Committee (form No. 3). Resolution No. 1 is dated January 2004.

An enterprise can use a unified form or develop its own form. If you are developing your own form, you need to include the columns that will be used.

The document receives legal force after the manager certifies it with his signature.

Why change job titles?

Often the work of a company changes: new divisions are created, old ones are laid off, and new employees are hired.

There are other reasons to make changes. For example, many firms adjust their names to comply with the Unified Tariff and Qualification Directory.

The question arises how to rename job titles.

2 main ways to change names:

Only the title is adjusted, the responsibilities remain the same;
Not only the position changes, but also the employee’s responsibilities.

The procedure for completing documentation differs depending on the basis for the change.

Rules for making changes

Discrepancies in the preparation of documents are prohibited. The positions specified in the staffing table and the contract must match.

So here you go step by step instructions How to make a job title change.

Send notices to employees about what changes are planned. Notice must be given two months in advance.
If employees are not satisfied with the new conditions, they should be offered another position. At the same time, the employee must be able to perform new duties due to health reasons.
Terminate the contract with those who do not agree to the changes. Termination of the contract is carried out with payment of compensation for two weeks of performance of duties.

It is necessary to continue working with the documents of those employees who do not object to the changes.

Changes are made to the work book, job description, staffing schedule and other personnel documents. It is also required to issue an order that the names of the positions indicated in the staffing table are changed.

How to properly notify an employee

The law does not indicate how to properly notify an employee. When drawing up a document, you must follow the rules of office work.

3 main points of notice:

enterprise registration data;
date and serial number;
text that warns of impending changes.

The document is valid if there is a signature of the director of the company and a seal.

If it is decided to rename a position, the new name must be indicated in the notice. The date when the changes will take effect is also written.

It is indicated that changes in the staffing table do not mean that the employee’s responsibilities will change.

Proper execution of documents will help to avoid labor disputes. It is advisable to leave a space in the notice for the employee to sign and also indicate the date of review.

If the employee gives the go-ahead to change the name, you can issue an order.

How to create an order

When a position is renamed in the staffing table, the procedure is followed. Otherwise, the employer may have problems with labor inspectors if employees file complaints.

When it is necessary to rename a position, the decision is confirmed by an order.

3 important nuances, which are indicated in the order:

purpose of change;
old position;
new name.

The document contains the number, date and signature of the manager. The employee is introduced to the contents of the order against signature. Then an additional agreement is drawn up and changes are made to the personal card.

Personnel records management is greatly simplified when the necessary forms are at hand. You can develop the form yourself or use a ready-made sample order. The form can be downloaded from specialized resources.

What to do if an employee does not agree with the changes

To make changes, you need to obtain written permission from a specialist, but employees do not always agree to this. There are often those who do not want to change anything. Is it possible to solve the situation in this case? Managers have the right to name positions at their own discretion and make other decisions that determine future fate organizations.

In this regard, the procedure is carried out regardless of whether the consent of the entire team is obtained. When a person refuses change, the manager must offer him other options. The vacancy must correspond to the professional level of the employee or be easier.

If the job title does not suit the employee, then the manager has the right to part with him. The contract is terminated according to clause 7 of Art. 77 Labor Code.

Resume

Examples often arise when it is necessary to revise the staffing table and change job titles. The manager has the right to change names at his own discretion, the main thing is to prepare the documents correctly.

When the procedure is not followed, the employee has the right to appeal to labor inspectors or to court.

If inconsistencies are found as a result of the inspection, inspectors will issue a fine. Therefore, when preparing personnel documentation, it is necessary to follow the law.

Due to changes in the staffing table, several positions were renamed, for example, from “forwarding driver” to “car driver”. How to format this correctly? Is there a transfer of an employee from one position to another in this case?

Having considered the issue, we came to the following conclusion:

When renaming positions without changing the job function, transfer to another job does not occur. When renaming positions, it is necessary to make changes to, and make a corresponding entry in the work book.

Rationale for the conclusion:

According to Art. 57 of the Labor Code of the Russian Federation, an element of the employment contract is the employee’s labor function - work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; specific type work assigned to the employee.

As a rule, the title of the position changes simultaneously with the change in the scope of job responsibilities. In such a situation, the employee is transferred (Article 72.1 of the Labor Code of the Russian Federation).

However, in the situation under consideration, as follows from the question, the list of job responsibilities of employees, that is, the very content of the labor function, does not change; it is planned to change only the names of positions. We believe that in such a situation we are not talking about a change in the labor function of workers (Generalization of cassation and supervisory practice of the Irkutsk Regional Court on claims for reinstatement at work for 2007 and the first half of 2008).

However, both a complete change in the title of a position and a partial change, even if the content of the employee’s labor function remains unchanged, is a change in the terms of the employment contract.

By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of an employment contract are allowed only by agreement of the parties in writing, with the exception of cases provided for by the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation establishes exceptional cases when changes to the terms of an employment contract are allowed at the initiative of the employer. So, according to Art. 74 of the Labor Code of the Russian Federation, at the initiative of the employer, it is allowed to change any condition of the employment contract, except for the employee’s labor function, if the previous condition cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons ). The employer is obliged to notify the employee in writing of the upcoming changes to the conditions of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, no later than two months in advance (part two of Article 74 of the Labor Code of the Russian Federation).

Within the meaning of Art. 74 of the Labor Code of the Russian Federation there must be a cause-and-effect relationship between changes in organizational or technological working conditions and the need to change the terms of the employment contract.

In the event of a dispute, the employer is obliged to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production, and did not worsen the employee’s situation compared to the conditions collective agreement, agreements (clause 21 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code of the Russian Federation").

In our opinion, it is quite difficult to imagine such organizational or technological changes in working conditions under which the previous job title could not be retained. Therefore, if such circumstances do not exist, the employer should invite employees to enter into written agreements with him to amend the terms of the employment contract regarding the title of the position.

Changing the name of a position entails the need to make changes to the staffing table, the unified form of which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 (hereinafter referred to as Resolution No. 1).

According to the Instructions for use and filling out primary forms accounting documentation for accounting of labor and its payment, approved by Resolution No. 1, the staffing table is approved by order (instruction) signed by the head of the organization or a person authorized by him to do so. Changes to the staffing table are also made in accordance with the order (instruction) of the head of the organization or a person authorized by him to do so. The effective date of the amended staffing table must coincide with the date specified in the notification (if the name of the position is changed in accordance with Article 74 of the Labor Code of the Russian Federation) or in the agreement of the parties (if the position is renamed in accordance with Article 72 of the Labor Code of the Russian Federation).

According to part four of Art. 66 of the Labor Code of the Russian Federation, information about the employee and the work he performs is entered into the employee’s work book. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, 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 Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69 (hereinafter referred to as the Instructions).

In accordance with clause 10 of the Rules, all entries about work performed, transfer to another permanent job are entered into the work book on the basis of the relevant order (instruction) no later than a week. Clause 3.1 of the Instructions stipulates that in column 3 of the “Information about work” section of the work book, the name of the position (job), specialty, profession with an indication of qualifications is indicated, as a rule, in accordance with the organization’s staffing table.

According to the same paragraph of the Instruction, changes and additions made in the prescribed manner to the organization’s staffing table are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer. The Instruction does not provide for specific wording of the entry in the work book in connection with a change in the name of the position, if such a change did not entail a change in the employee’s labor function (job responsibilities).

We believe that in the case under consideration, the employer should, on the basis of an order to amend the staffing table, make an entry in the work book about the renaming of the position (for example, such an entry may look like this: “The position of “forwarding driver” has been renamed to “car driver”, and in Column 4 indicates the basis for the renaming - the employer’s order to change the staffing table, its date and number). A similar entry must be made in the employee’s personal card, Form T-2, approved by Resolution No. 1.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Soloviev Oleg

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of individual written consultation provided as part of the service

If it is necessary to change the job title of an existing employee, then resort to drawing up an order to rename the positions.

FILES

The document is convenient to use, but a number of nuances should be taken into account.

Preparation

Changing the name of the position in which the employee is located, in accordance with Art. 57 of the Labor Code of the Russian Federation is considered an essential condition for changing the employment contract. Therefore, in order for the order to have legal force, it is necessary to prepare for its approval and signing.

Preparation involves notifying the employees themselves of the company's intentions. If they have nothing against the fact that their position will be called differently, then they sign an addendum. agreement to the employment contract. It is called “On Amendments to the Employment Contract”. Thus, an order can be issued only on the basis of these papers.

What formulations can be used

To ensure the validity of the paper, it contains compelling reasons that prompted the company to use such an order. This could be a link to Federal law No. 400 “On insurance pensions” or any other that prompted the employer to change the title of the position. The order will begin in this case like this: “In order to bring the job title into compliance with the requirements.” Next will be a link to the law, regulation, etc.

FOR EXAMPLE. Simply, “accountant” can be replaced by “materials accountant” or “deputy chief engineer” can be replaced by “senior engineer”, if this replacement cannot be avoided.

The qualification reference book is a guide and support for the compiler. Sometimes the purpose of the process is simply justified: “Due to changes in staffing,” “Due to changes in production technology,” or “Due to the need to increase or reorganize the department.”

Registration

The order must contain:

Full name of the publishing organization with details, including index and address. All this is contained in the top of the paper. If it is intended purely for internal use, then it is not necessary to include this item.
The city in which the paper is signed. This information is located on the left side of the sheet.
Date of publication of the document. Indicated in right side leaf.
The number assigned to the order. He will be mentioned in.

Information about the grounds for renaming the position. There are few compelling reasons to justify such a step.
Old and new job title.
Whoever is responsible for the shift process makes appropriate amendments to the staffing table. This could be a personnel officer or an accountant. The full name of this employee may be indicated.

Who will control the process? The manager often takes responsibility for controlling the renaming.
Link to the additional agreement (there may be several documents if the order concerns several employees). Also a link to notifications (if there are no agreements) or to an act of refusal to sign notifications.
Manager's signature.

It is especially important to draw up such a paper if there are any harmful factors during the performance of duties.

Situations are not uncommon in which an employee, according to labor legislation Russian Federation, has the right to early retirement. But his position is not listed in the qualification directory. Pension fund When making a decision on early retirement of an employee, the qualification document is always checked. Thus, the employee may lose this privilege due to delays in paperwork. To prevent this from happening, these orders are issued.

What kind of changes are these?

Minor changes of an organizational or technological nature can be carried out at the unilateral initiative of the employer. In this case, it is not the agreement that is filled out, but the notification. Moreover, the latter implies a free form of presentation. However, it would not be superfluous to mention from which name his position is changing to which, as well as the reasons why this happens. A conscientious employer takes care of his employees in this way. Personnel officers should not forget about such nuances. It is advisable to attend to this issue 2 calendar months before the proposed renaming.

If the employee does not agree with the renaming

There are times when an employee does not agree with the actions of the employer. Then he has the right to challenge his actions in judicial procedure. If his signature is not on the agreement or notice of renaming, then an act of refusal of the agreement is drawn up (at least two witnesses who are not interested in the case must be invited to the commission to draw up this act, to simplify further interaction).

NOTE! If an employee has signed a notice or agreement, the chances of winning his case are slim to none.

The dismissal of such an employee in the absence of vacant positions with the same name will be carried out officially and legally, in accordance with clause 7 of Art. 77 Labor Code of the Russian Federation.

Attention! Renaming a position will not be considered a transfer.

Where is information about the order entered?

The data from this document is required in other personnel documents. The order itself is entered in the book of registration of orders for personnel (these documents are stored for 75 years). Depending on the specifics of the paper (whether the employees are in harmful service, etc.), the order to rename positions can be recorded in the general book of registration of orders for the main activity. The same must be done if the organization does not have a separate book for registering orders for personnel (but this must be mentioned in the order, charter and other documents of the company).

Situations often arise in which the employer needs to change the position of one or more employees who have an employment relationship with him.

In such cases there is a certain procedure, established in accordance with current legislation, which consists of preparing documentation, as well as making relevant entries in the employee’s work book and other documents containing similar information.

The presence of a schedule that reflects information about the available number of employees is mandatory requirement.

This provision applies to all institutions, regardless of what form of ownership they belong to. The staffing schedule is as follows: tasks and functions:

Contains information about the current number of jobs in the organization.
Determines the structure of the entire team as a whole and gives an idea of which job titles are managerial and which employees are directly subordinate.
Establishes a legal basis for providing a certain employee with a job in an organization.
Provides the opportunity to transfer employees to existing vacancies.

At the moment, the previously obligatory staffing form T-3 is for advisory purposes only– the organization has the right to develop its own form, the main requirement in this case is only its presence.

In accordance with Article 57 of the Labor Code of the Russian Federation, an employee is hired for a vacant position according to staffing schedule. According to it, the main responsibilities are determined, an employment contract is drawn up and the accrued salary is formed.

If the employer plans to change the name of the workplace in the staffing table when a certain employee occupies the position, it is necessary strictly adhere to the established procedure.

In what cases is it necessary

The grounds for renaming, as well as introducing new information into the existing staffing table may be following:

Some change in the responsibilities of a specific employee or group of employees. Most often, such an action consists of expanding the range of responsibilities or powers. In particular, it can be carried out on the basis of Article 60.2 of the Labor Code of the Russian Federation.
Changing the name of an entire structural unit, which may be associated with a change in the type of activity or expansion of the organization’s area of authority.
The need to bring existing positions into line with a single classifier. Such action may be required if an employee retires due to harmful working conditions.
Inconsistency of the current profession with the type of occupation performed.
The upcoming certification, in connection with which there is a need to bring all positions to the standard established by current legislation.
Changing the current name to a more “prestigious” one in order to motivate the organization’s employees.
The need to clarify and specify the responsibilities for a specific position.

Renaming procedure next:

Drawing up an explanatory note, which must contain the reasons or grounds for changing the names. Such justification is necessary to maintain the legality of all actions, as well as to exclude possible claims from both the employee and regulatory authorities.
Drawing up an administrative act. It must contain information about the change in the job title. Such an administrative act must be endorsed by the manager and on its basis an order, necessary in such cases, can be created to rename or remove existing vacancies from the staff.
Making changes directly to the staffing table based on an order signed by the director of the organization. After such an action, a separate order is issued approving the already changed schedule.

A similar scheme is standard and may look slightly different depending on whether the position is vacant at the time of renaming or not and whether there is consent from the employees to such an action.

Notification of employees and deadlines

According to Article 74 of the Labor Code of the Russian Federation, if employees are currently working at the changed workplaces, then they without fail must be notified of such actions.

In addition, the employer, represented by the head of the company or the head of the department, must offer the employee not only to agree or not with the changes, but also to choose any of the vacant positions that he could occupy in accordance with his level of qualifications or according to medical indications due to a special health condition.

As for the timing, you should inform about upcoming changes no later than 2 months before the expected event. Such action must be carried out while simultaneously providing the opportunity to transfer to another position.

Orders and additional agreements

An order to amend the staffing table may concern the following actions:

Creating a new staffing table. This action is carried out if adjustments will be made for several positions, and making changes to the current one is impractical.
Making some adjustments to the current schedule. Such an order is issued if the names of one or two positions are changed.

In addition, after issuing an order and making changes to the current schedule, you will also need to make the following adjustments:

In the employee’s personal card, which is stored in the personnel department.
Draw up an additional agreement to the current employment contract.
Change job description.

Making an entry in the labor record

After all the actions have been completed, when changing the wording of the employee’s position, make information in the work book:

indicate the serial number of the entry being made;
reflect the date of changes;
a new name is prescribed;
enter the number of the order, which became the basis for all such actions.

Changes in job description

Since the main document defining the responsibilities and functions required to perform is the DI, a change in position in most cases is reflected in it:

If the document is an addition to the employment contract, then it will be sufficient to issue an additional document. agreements to it.
If the DI is drawn up as a separate document (which happens most often), a new one is created and confirmed, which is provided to the employee for review and signature. Only in this case the employer has the right to demand the fulfillment of all duties assigned to the employee.

Renaming or translation

In fact, a change in position can be carried out two ways- either by renaming it, or by transferring the employee to another and then abolishing the previously occupied position.

Most employers prefer to formalize such actions by transfer, and the procedure in this case will be as follows:

Preliminary preparation of an order by an OK employee, endorsement by its supervisor and affixing of a seal, if available.
The wording of such an order must contain clear information relating specifically to the transfer to a position, and not allow for double interpretation of the meaning.
Indicated new position employee, department or division name.
The date from which the employee will already occupy a new position is reflected.
The reasons on which such personnel changes are made are indicated.

If the employee is against

In the event that a registered employee does not give his consent to rename the position he occupies, the employer may have options for action two:

Offer (necessarily in writing) another job. It must necessarily correspond to the existing qualifications of the employee and be currently vacant. The position may be lower than the one in which the employee worked and with a lower salary, but in this case it is necessary to obtain the employee’s consent.
Terminate the current contract in the event that the employee refuses to perform another type of work or does not agree to the options proposed by the employer.

A staffing template for a rural clinic is presented in this video instruction.