How to correctly enter the title of a position in the staffing table? Job description of a programmer Position of a programmer in the staffing table.

determines the rights, duties and responsibilities of the employee holding this position. About features and varieties job descriptions for programmers will be discussed in the article later.

What does a programmer do?

Currently, the profession of a programmer is one of the most in demand and quite highly paid. This is due to the fact that computerization has reached even the smallest offices and offices, and the preparation and submission of various reports to electronic form have become mandatory. Accordingly, the task of selecting specialists in this field and developing job descriptions for them has become one of the priorities for the management of many organizations.

The peculiarity of a programmer’s work is that this profession is quite universal, and the functions that he can perform within the framework of his field at the enterprise are very diverse. For example, the position of a programmer may include specialists of the following types:

  • system programmer;
  • application programmer;
  • tester;
  • technical support specialist.

Most often, the responsibilities of programmers in an enterprise include organizing support software. In addition, the main tasks of programmers, depending on their specialization, include:

  • creation of software to solve assigned problems;
  • creation of websites, programs for website management, online stores;
  • development operating systems and shells for databases;
  • technical support and software maintenance, as well as other similar tasks.

All these nuances should be reflected as clearly as possible in the specialist’s job description, so that subsequently no questions arise either about the scope of activity of a particular employee or about the scope of his responsibility.

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Structure of the job description of a programmer (programming engineer, programming technician, etc.)

Programmer job description must comply with the rules for drawing up job descriptions accepted in business. At the same time, it is quite natural that it may have differences related to the specifics of the programmer’s job functions and the specifics of the work of a particular enterprise.

A typical job description structure for a programmer looks like this:

  1. In the upper right corner of the first page there is a column with marks about the date of approval of the instructions and the position of the manager who approved the document. The approval mark is certified by the signature of the manager. Also in this column, marks are made regarding the approval of the job description with the relevant departments and services of the organization. The marks are certified by the signatures of the heads of departments/services. However, sometimes approval marks are located at the end of the document.
  2. The first section of the job description is dedicated to general provisions. This section includes:
    • a list of requirements for a candidate for the position of programmer;
    • a list of legislative documents and other documentation that an employee must study to work;
    • the procedure for hiring and dismissing a programmer employee, as well as replacing him during absence;
    • structural definition of the position of a programmer in the organizational chart of the enterprise and identification of the specialist’s immediate superior.
  3. The next section, as a rule, concerns the official rights and responsibilities of the employee. At the same time, sometimes (if the employee’s job functions are extensive) the block is divided into two sections. The list of job responsibilities of a programmer usually includes standard responsibilities for this position, as well as responsibilities determined by the employee’s specialization (for example, software engineer and software technician) and the specifics of the organization in which he works. In addition, a programmer’s job responsibilities often include servicing computer and office equipment, as well as the employee’s usual responsibilities for complying with labor standards and operating hours.
  4. The next section of the job description highlights the specifics of the programmer’s responsibility for improper performance of his duties. It is important to remember that the measure of liability cannot go beyond the limits provided for by labor legislation.

Standard requirements for a candidate for a position

Typical requirements for a candidate for a programmer position are usually the following:

  1. Higher or secondary specialized education in the declared specialty. Sometimes a specific university or full-time study, knowledge of certain computer languages ​​and English may be required.
  2. Experience as a programmer or in the required field. If a person is hired at any lower level, then work experience may not be required, but if an organization is looking for a head for a programming department, then the required experience may be a significant number of years (usually 3-5).
  3. List of documentation that a candidate for a position must be familiar with. As a rule, in addition to fundamental documents, this list includes internal documents of the enterprise on the organization of work and the specifics of working as a programmer. An employee is introduced to internal documents after being hired.

Labor functions of a software engineer and software technician

The most widely represented among job vacancies for programmers are the positions of software engineer and software technician. Despite the fact that sometimes, even within the same organization, these positions may be called the same, the labor functions performed by employees of these specialties are different. To summarize, a software engineer is involved in the compilation and development of programs for computer technology, and a software technician uses already developed programs to solve the tasks assigned to him.

In practice, the job responsibilities of a software engineer may include:

  1. Development of programs based on the analysis of mathematical models and algorithms for solving economic and other problems, as well as ensuring their implementation by means of computer technology.
  2. Testing and debugging of programs, their further technical support.
  3. Development of technology for solving problems at all stages of information processing.
  4. Choosing a programming language to describe algorithms and data structures.
  5. Launching debugged programs and entering initial data according to the assigned tasks.
  6. Adjustment of the developed program based on the analysis of the output data.
  7. Preparation of a manual for working with the program, preparation of other necessary technical documentation.
  8. Analysis of the possibilities of using software products.

As part of his job responsibilities, a software engineer can:

  1. Provide automated processing of incoming information, develop technology for solving economic and other problems.
  2. Participate in the design of data processing systems and computer software systems.
  3. Carry out preparatory activities for the computing process, observe the operation of machines.
  4. Prepare diagrams technological process information processing, problem solving algorithms, layouts, instructions, etc.
  5. Prepare technical media used for automatic data entry into computer, systematize indicators of normative and reference data.
  6. Receive and control input information, prepare initial data, process information, prepare documentation.

Thus, a well-prepared job description for this specialist will allow not only to formulate the optimal range of job responsibilities of the employee, but also to determine the criteria for selecting candidates for the position. This will significantly facilitate the task of staffing such an important and necessary unit for the enterprise as a programmer. A sample job description for a programmer can be downloaded from our website.

In most cases, the job title is formed based on professional activities, which is not always possible to formulate in one word.

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This is why long job titles arise in order to specify the job function or titles that disguise simple duties under a prestigious title. And the formation of job titles is determined by law. It establishes both naming requirements and possible options.

Regulatory framework

The staffing table is one of the local acts created with the aim of streamlining the organizational structure of the company and fixing the amount of remuneration.

The specified document states:

  • names of all positions from management to ordinary employees;
  • number of staff units for each vacancy;
  • the amount of remuneration from salary or hourly rate to bonuses as a percentage.

As a rule, no problems arise when determining salary, due to the fact that for this type of remuneration for work a single rule has been established, enshrined in Article 133 of the Labor Code of the Russian Federation. The total must be no lower than the minimum wage, which is formed taking into account the cost of the food basket and the annual inflation rate and is established at the federal level.

That is, it is enough for the employer to be guided by Article 133 of the Labor Code of the Russian Federation and his own financial capabilities when setting remuneration amounts. But the choice of job titles is more difficult, since there are quite a lot of industries and job titles, not to mention the legislative norms enshrined in the ETKS and Chapter 31 of the Labor Code of the Russian Federation, regulating compliance with professional standards.

What does the law say?

In accordance with the Resolutions of the Ministry of Labor in the Russian Federation, a Unified Tariff and Qualification Directory has been formed. It includes many issues approved by the same Resolutions of the Ministry of Labor of the Russian Federation with the definition of job titles in the context of each industry, indicating the qualification requirements for vacancies and an approximate list of job responsibilities, the necessary knowledge and characteristics of the work.

Also, Article 195.2 of the Labor Code of the Russian Federation states that the name of the position in the staffing table should be formed taking into account the ETKS in connection with the requirements established for Professional Standards.

That is, the head of the company, when choosing a job title, must take into account several factors, namely:

  • compliance of the name with the assigned duties;
  • correlation between qualification requirements and job characteristics.

For example, it is acceptable to call a secretary an assistant manager, because the responsibilities are identical. But it is hardly possible to call a mechanic a communications inspector, since the name of the vacancy should be formed taking into account the duties performed, and not a prestigious title.

When are reference books and professional standards required?

Article 195.3 of the Labor Code of the Russian Federation states that compliance with Professional Standards is mandatory for many employers - those who manage companies with state form property or institutions in which half of the authorized capital belongs to the Russian Federation.

For example, in municipalities, state administrations and other government agencies, the job title must comply with the ETKS and the requirements specified in the specified document, while in other companies the directory can be used as recommendations.

Also, ETKS and professional standards must be observed in cases where there are working conditions at workers’ workplaces that deviate from the norm and give the right to a certain list of benefits.

Benefits are guaranteed by federal law; therefore, if they are provided, certain requirements apply. For example, the same compliance of the job title with Professional Standards.

So, you can work for 20 years as a painter and breathe in paint fumes, but at the same time have a job title of “construction worker.” This does not comply with the ETKS and does not provide for harmful conditions of employment, and therefore the right to.

That is, in accordance with the norms of the law, the list of benefits that the employee will be provided with directly depends on the title of the position only if the title of the vacancy corresponds to the duties performed.

There are several other important factors to consider:

  • If the company has tariff system payment, that is, ranks, class, then in accordance with Article 143 of the Labor Code of the Russian Federation, the name of the vacancy must be established taking into account the norms of the Qualification Directories. This is due to the fact that the list of responsibilities for some positions is given for each category separately, taking into account that the level of qualifications and job characteristics are different.
  • In accordance with Article 18 of Federal Law No. 426, when conducting workplace certification, the certification sheet, in addition to general data, also indicates the profession code. This assumes that the job title matches the Qualification Directory. And since certification must be carried out at all enterprises at least once every five years, differences between the actual title of the position and the title of the vacancy in ETKS can lead to violations of the evaluation procedure.

In other cases, compliance with professional standards is advisory in nature. This implies the use of directories only as a standard form, which can be modified taking into account the specifics of the company and the assigned responsibilities, but, nevertheless, not completely ignored.

Can you come up with a name yourself?

As a rule, for institutions belonging to government agencies, the staffing table is established by higher authorities, so they do not have any difficulties with the selection of names, as long as they receive it in ready-made form.

But companies that are commercial structures have many questions when selecting names, because the list job responsibilities does not always coincide with the ETKS due to the specifics of work and can be much broader than established standards.

In such a situation, the company’s management can come up with a name on their own, but taking into account both the requirements for professional standards and the grade level for individual positions. If there are no harmful conditions or bad conditions in the company, then the name of the vacancy can be arbitrary, but within reasonable limits, taking into account that the overall work experience in a certain industry sometimes depends on the title of the position.

Let’s say that in some companies there is 1 full-time lawyer, and several specialists are engaged in this area, whose job title may indicate, for example, a specialist in legal work. Or the same watchman can become a security guard for the business unit, since he is in charge only of the company’s local area, and only at night.

Features of using job titles in the staffing table

Considering that as of 2019, no uniform rules have been developed at the legislative level for the formation of job titles, and professional standards must be observed only in the presence of certain working conditions and in government agencies oh, many companies select job titles based on their own rules.

They are as follows:

  • prestigious name to increase motivation;
  • a long name in order to specify the assigned duties;
  • an arbitrary name for the sake of fashion and Western trends.

For example, at the moment the position of manager is quite common and prestigious. Under it you can veil less resonant professions, for example, the same cleaner who, having become the manager of a cleaning service, will not stop washing floors and wiping dust, but will receive an additional reason to be proud of her position, and therefore an incentive to develop.

Or, due to a small staff, one employee can occupy two positions. For example, this could be a deputy director - head of a department. Thus, two jobs are combined, and, accordingly, responsibilities in one full-time instruction, but with more extensive powers.

Some companies practice naming positions using letters of a foreign alphabet. For example, the following option is used - IT manager.

Basic principles of selection

The stated rules are not always correct. They violate both the norms of the current legislation and the rules for forming job titles in accordance with subordination.

The following principles should be followed:

  • First - correspondence of the category name to the staff hierarchy, which can be chosen arbitrarily, but taking into account the subordination.
  • Second - correspondence of the job title to the duties performed.
  • Third- application of the law.

Thus, in Decree of the Government of the Russian Federation No. 225 in paragraph 6 of the Instructions for filling out labor books it is said that the labor book is filled out only for state language, which is Russian on the territory of the Russian Federation.

Accordingly, it is prohibited to enter job titles in English or other languages. But when applying for employment, the name of the vacancy must be indicated, so the norms of the law in the case of an IT manager will be violated.

Basic and derivative variants

Considering that there are quite a lot of job titles, they are divided into types:

  • basic;
  • arbitrary.

The basic names are those specified in the Qualification Directories. But names can be arbitrary, derived from the basic ones or invented independently.

Naturally, if there is a basic name, problems do not arise, as long as its basis is regulated by the ETKS. But in connection with the use of arbitrary names, questions may arise in determining the right to early pension provision.

Clause 9 of Resolution of the Ministry of Labor of the Russian Federation No. 29 provides an explanation on this matter. According to it, derivative job titles, which include basic titles, can be recognized as basic and provide the employee with the right to receive benefits.

For example, the profession of battery operator is included in the ETKS, but senior battery operator is not, while the nature of the work and the hazard code corresponds to the first name, which automatically gives the right to benefits established by law.

If the arbitrary name does not contain the base name, then it will be difficult for the employee to claim any benefits. Therefore, when calculating a pension, the length of service in the specified position will be counted as general and no more.

That is, if the company is engaged in a general field and there are no hazardous conditions in the workplace, you can use arbitrary names, but if the hazard code is 3.1, the name of the profession must have at least a basic name.

Rules for using individual words

The qualification directory contains many job titles, most of which consist not of one word, but of several.

For example, a forklift driver or a refrigeration unit charger. That is, the law allows the name of a profession consisting of several words containing clarification of a certain type of activity.

The law also allows the use of prepositions in job titles that act as a connection between several words - for example, a laboratory assistant in ultrasonic technology or a preserver of equipment and metal products, which again implies a very wide range various phrases.

There is no legal limit on a certain number of words in job titles, given that some industries may have quite long names that will also appear in vacancies.

Thus, fairly broad titles are currently common in the field of government agencies, where the following positions are present:

  • economist accounting and analysis of economic activities;
  • Leading specialist in contract and claims work.

That is, there are no restrictions on the number of words and the use of prepositions to form logical phrases in job titles at the legislative level, given that the specified aspects are present in the names of professions in the ETKS.

One more aspect should be noted.

According to the Qualification Handbook, additional words to basic titles such as director or secretary are used to clarify the powers and duties performed.

For example, a secretary can only deal with office work, but a secretary-typist will be busy preparing administrative and other documentation.

Accordingly, the director will be directly involved in the management of the company, but the executive director will have authority only in one of certain areas.

What do you need to remember?

When choosing a job title, you should remember that the correct name of the profession determines the right to receive benefits established by law.

The same right to early retirement or benefits provided for Labor Veterans, who, based on the norms of Federal Law No. 5, must confirm their length of service and type of activity in a certain industry.

It should also be remembered that a prestigious title will not change the scope of responsibilities, nor will it give the owner of the same cleaning service manager position additional leadership authority.

And it should be taken into account that any basic name in ETKS is developed for a specific industry with its own specifics and responsibilities. Therefore, using it in another industry will be inappropriate, because the scope of responsibilities will be completely different.

What is the name of your position... or no, not even that. What should your job title be?

In fact, there are many options for names for those involved in programming:

Software Developer

Developer

Development Engineer

Senior Software Developer

Programmer

Architect-developer

Software Architect

Moreover, the official name of your position and what you do are two different things.

In the grand scheme of things, job titles don't mean anything. Isn't that right? After all, the job title tells you absolutely nothing about the job or the person. Some companies call their best programmers senior developers, others call people with the same responsibilities development architects, and others simply call them software developers.

Some positions sound more impressive, however, in reality the title does not carry any objective information.

But debate still rages over what this or that position means, and what “IT people” should call themselves. All these disputes are based on the belief that there is some kind of official ranking of jobs, and that somewhere in a parallel universe there are their definitions. Of course we don't talk about qualifying directories of staffing schedules and job descriptions)

So what should “IT specialists” be called then? As everyone is used to - “Programmers”?

And if you don't just program! You collect and analyze requirements, make mockups, write tests... So maybe a software developer? And if you are doing this for a long time and successful - Lead Principal or Senior Software Developer?

You are a great person, an irreplaceable worker, and not just some kind of programmer. A programmer is the one who writes the code, the body of the coder. And you, damn it, are not here!

In this case, answer one question - what skills are of greatest value to you?

And it may turn out that most of those who make a living programming must admit that despite the many other functions you perform, your most valuable skill is writing code.

If you took all the responsibilities of a senior developer except writing code and gave them to someone else, what would you call that “someone else”? Most likely a business analyst or something similar. It is unlikely that you will give him the proud title of “Senior Developer”?

The opposite is also true: you can take away some of the developer's non-code responsibilities, and he will still remain a developer. Therefore, it is logical to call yourself this way to reflect your main function: programming.

By the way, Amazon considers the term “programmer” correct, since the most extensive category of books for the request “Computers and Technology” is called “Programming”.

If positions in each industry were named based on what a person does most of the time, we would get the following:

Senior Letter Sender

Client Persuader

Violent Activity Simulator

Meeting Engineer

Web Surfer

Corrector of Wrong Thoughts on the Internet

You may not spend 90% of your time writing code, but this is your greatest advantage. So what are the reasons to call yourself something other than “programmer” or “coder”?

No, no, stop. Because if I say that, everyone will think that I program all day. How will people know that I have a lot of others? useful skills?

Nobody even thinks that programmers code all day long! Don't you think that a lawyer puts on a brilliant defense every day at court hearings?

Do the words “senior software developer” or “database architect engineer” better describe the hundred hundred responsibilities you have than simply the word “programmer”? At least the word “programmer” is understandable to everyone, even those who do not understand anything in the IT field.

All this is dust and decay, don't take it this question is too serious. And don't immediately go to your boss and demand that he start calling you a "programmer.")

Just don’t insist on any one correct version of the name. Just don't correct your colleagues when they call themselves developers or development architects (although, by the way, if you are developing Software, you must also be a good system architect. And if you wave a magic wand and draw the architecture that others should implement - sorry, you are not a programmer or developer).

If someone asks you what your job is, just say, “I’m a programmer.” The phrase “I work as a development engineer” will definitely lead to questions. And you will have to answer these questions in order to ultimately arrive at what was said in the first paragraph - you program and you are a programmer.

Based on materials from simpleprogrammer.com

The law establishes requirements for the names of positions in the staffing table. Find out which employers must adhere to them, and for whom such requirements are not mandatory.

Read our article:

How to correctly name a position in the staffing table

The employer should first of all remember that when employing employees, the job title must correspond to the staffing table (Article 57 of the Labor Code of the Russian Federation). Therefore, the initial mention of the job title is reflected in the “staff”. And all companies should have a staffing table.

It is worth noting that the names of specialties must be the same for all workers performing the same job. Accordingly, wages are set equal. If differentiation is required, then division into categories is possible. Then differences in payment are allowed.

Read also:

When reference books and professional standards are required

Before the introduction of professional standards, at the very end of 2012, the Unified Tariff and Qualification Reference Books (UTKS) were used. So workers' specialties and specialists were named based on these reference books.

Can you come up with a job title yourself?

For commercial companies, matching job titles is not so important. After all, as a rule, no benefits are provided for them, and, accordingly, there is no regulation of names.

When doing this work, you should be guided by the principle of reasonableness and name positions so that their job function is obvious from their name. Nowadays the name “manager” is widely used. In this case, both the head of the department and the cleaning lady can be called a manager with a slight difference in the name.

Often, employers come up with beautiful, prestigious positions to lure the best specialist in place. Including using foreign names (HR manager). Such actions are directly prohibited in the current legislation (clause 6 of the Rules for maintaining and storing work books, production of forms work book and providing them to employers), as this may mislead candidates for vacant positions.

Changing a position in the staffing table: procedure

Changing the staffing table may be necessary in a fairly large number of cases. One of them is a change in position. This procedure is not ordinary and requires compliance with a number of established rules. The procedure becomes much simpler if all positions in the position being changed are vacant. Whereas busy units create many obstacles and significantly increase document flow.

Read also:

If there are vacant staff positions, it is enough to simply issue an order to change the staffing table. We will consider the sequence of actions when the bet is occupied below.

Step 1. Making a decision and issuing an order to change the staffing table

After making the appropriate decision, the employer issues an order to change the staff. The order to make changes is drawn up on the current date, the document is signed by the head of the company. The date for making the adjustment must be delayed by at least 2 months.

Step 2. Notifying employees about the change in position

Since a change in job title is an essential condition of the employment contract, employees must be notified 2 months before the proposed changes. Employees are given a notice in writing, which they must sign.

Step 3. Changes take effect

After deadline the changes will take effect. For employees who agree to the changes, it is necessary to prepare additional agreements to employment contracts. And also make the appropriate entries in the labor records.

In any business, in addition to growth and making a profit, there are situations when financial condition the company begins to deteriorate and it is necessary to take measures to overcome the crisis. As a rule, one of them is to optimize the structure of hired personnel and, accordingly, reduce one or more.

Reducing the number of employees

It is not a document that is accepted by an organization once and is not changed until the end of its activities. Since this local regulatory act must characterize the current personnel structure, it is revised when expanding the business, changing production or sales technology, or during financial difficulties.

The need to eliminate one or more positions, and sometimes entire departments, may be dictated by:

  • diversification of activities;
  • crisis phenomena;
  • changes in sales markets;
  • updating the technological component;
  • updating this local normative act;
  • other reasons.

The procedure for taking action in the staffing table depends on whether this document will be brought into line with the actual personnel structure, or whether the exclusion of one of the positions will lead to the actual dismissal of one or more employees.

Reduction of vacant positions in the staff list

Before proceeding with the dismissal of working employees, the employer is obliged to review the current one for the presence of vacant jobs. You can also remove unnecessary units from a document during a planned change.

For example, the company has a vacancy “ “, but in practice the flow of documents is small and other employees independently cope with the responsibilities of document management. In such a situation, you can change the schedule and remove this unit from it.

If a position in the staffing table is reduced without actually dismissing workers, then the procedure is as follows:

  • justification for changes;
  • drawing up a new local regulatory document;
  • issuing an order to change (approval) the updated document.

In this case, there is no need to comply with the deadlines established by law for the reduction of employees.

You can clear the staffing table of vacancies at any time. Since there are no employees who actually occupy them, and the dismissal procedure will not be carried out, changes can be made several days before the new edition of this local regulatory document comes into effect.

The need to reduce the company's staff due to vacancies can be justified by financial services, as part of proposals to overcome the crisis, human resources departments or heads of departments and departments where such units are located. To do this, you need to draw up a memo addressed to the head of the company or its owner, justifying the lack of need for this position or hiring an additional employee.

Example of justification for exception vacant position

General Director

Research and Production Association "Geliostomak"

Tcherezhvostova P.S.

Head of administrative and economic service

Chistyulkina E.K.

Memorandum

No. 67 dated October 10, 2018

From September 1, 2018, the transfer of cleaning functions occupied by NPO Geliostomak was carried out. office premises at the address: Semipolatinsk, st. Vedeneeva, 145, premises 224 - 247, under the management of the building management company "Kvartal". In this regard, 4 positions of “office cleaner” were vacant in the AHS staff (the workers were dismissed by transfer to Kvartal LLC).

Since there is currently no need to recruit personnel for these jobs, I ask that during the planned approval of the staffing table from 01/01/2019, the vacancy “office cleaner” (4 sh.e.) should be excluded from the structure of the administrative and economic service.

10.10.2018 Chistyulkina E.K.

Removing a vacant position from the staffing table

After reviewing the justification, the company's management orders changes to this local regulation. As a rule, in the form of a resolution on a received memo or memo. For example, “I agree. The head of the HR department should make changes.”

Personnel department employees, having received such an order, prepare changes and an order for their introduction.

If the change is large-scale, or several departments simultaneously applied for the exclusion of vacancies, then instead of preparing a new edition of the current local regulatory act, it is necessary to prepare new document and carry out the approval process.

An order to exclude vacancies from a local regulatory act can be drawn up as follows:

NPO "Geliostomak"

Semipolatinsk

ORDER

No. 245 of October 20, 2018

About changes to the staffing table

Due to lack of production need

I ORDER

  1. To exclude from the staffing table No. 8 dated January 17, 2018 the position of “office cleaner” (4 sh.e.) from January 1, 2019.
  2. Control is assigned to the head of the HR department and the chief accountant.

Justification: memorandum of the head of the administrative and economic service dated October 10, 2018 No. 67.

Applications:

Memorandum of the head of the AHS dated 10.10.2018 No. 67

Staffing schedule No. 8 dated January 17, 2018.

General Director of NPO Geliostomak P. S. Cherezkhvostov

Reducing vacancies for which the company does not currently need to hire specialists is the simplest procedure for optimizing the personnel structure. If it is necessary to exclude positions occupied by actual employees from this document, the procedure and timing of this procedure are strictly regulated by law.

Reduction of a position in the staffing table with the dismissal of employees: procedure

The release of employees and the simultaneous exclusion of jobs from the staff structure is associated with additional financial and time costs for the company. In addition to the increased amount of payments, in the event of a revision of the personnel structure, it is necessary to promptly notify employees who fall under this procedure, and in the event of a large-scale curtailment of activities, inform the trade union committee and the department responsible for employment.

When reducing staff, there is a direct legal ban on the dismissal of some employees due to their social status.

For example, you cannot lay off a pregnant employee or a single parent.

Failure to comply with their rights will result in a fine and, in some cases, criminal liability for the employer.

As a rule, it is associated with an unfavorable financial situation in the company. At the same time, before making a decision to dismiss employees, several steps can be taken to reduce the total amount of payments when releasing staff:

If the exclusion of units from the schedule is associated with the dismissal of the employee occupying it, it is necessary to comply with the notification deadlines for the employee (Article 180 of the Labor Code of the Russian Federation).

After considering all reduction options and making a decision to reduce jobs, it is necessary to draw up and approve in advance a new local regulatory act on the personnel structure or make changes to it. This must be done no later than 2 months before excluding the workplace from this document.

An order to reduce jobs and eliminate staff positions can be drawn up as follows:

ODO "Tradecom"

Nizhnemartovsk

ORDER

No. 26/k dated 10/12/2018

About job reduction

Due to the deterioration of the company's financial position and the need to implement measures to reduce costs

I ORDER:

  1. Exclude from the staffing table the position of “sales specialist” (2 sh.e.) in the sales and logistics department.
  2. Head of Department personnel work carry out all necessary measures to notify employees and formalize the dismissal procedure for staff reduction.
  3. The chief accountant calculates and promptly pays all necessary compensation to dismissed employees.
  4. Control over compliance with the established dismissal procedure and compliance with deadlines is entrusted to the Deputy Director for Human Resources Perevalov I.D.
  5. The new edition of the staffing table No. 4 dated 02/01/2018 comes into force on 01/01/2019.

Applications:

Action plan for financial recovery ODO "Tradecom"

Staffing schedule No. 4 dated 02/01/2018

Director Pustokhvalov A.V.

Informing about job reduction

After management issues an order to exclude workplaces from the local regulatory act, employees who are subject to dismissal are familiarized with this document. Additionally, they must be given written notice of the upcoming termination of the employment relationship. In cases determined by law or collective agreements, it is necessary to notify the trade union committee and the employment service about the upcoming release of workers.

The redundant employee must receive notice no later than two months before the date of dismissal.

This document is drawn up in two copies, one of which is given to the employee, who personally certifies its receipt. This document can also offer job vacancies.

It is necessary to offer all possible employment options, regardless of size wages.

This takes into account qualification requirements and health status.

For example, an employee with a legal or economic education can be offered a job as a specialist in accounting, marketing services, a financial department, or a job that does not require special qualifications (loader, cleaner, auxiliary worker, etc.). But you should not offer engineer or technologist vacancies that require specialized education.

The same situation occurs with laid-off employees who have health problems. For example, you cannot offer work related to heavy physical activity, a person with musculoskeletal problems, or working in a processing shop for an employee with a dust allergy.

In addition, the legislation does not restrict the employer from transferring a laid-off employee to vacancies with a salary level lower than what he received in the position excluded from the local regulatory act.

Example of a notice of job reduction

Additional liability company "Tradecom"

Mukhovozova E. S.

Sales specialist

Sales and Logistics Department

NOTIFICATION

About staff reduction

10/29/2018 No. 4

Dear Ekaterina Sergeevna!

Due to the difficult financial situation ODO "Tradecom" decided to reduce the position of sales specialist (order dated 10/12/2018 No. 26/k).

We notify you of the upcoming dismissal from 01/01/2019 under clause 2 of Art. 81 Labor Code of the Russian Federation. Upon dismissal, you will receive everything required by law, employment contract and a collective agreement on compensation payments.

We would like to inform you that in accordance with clause 117 of the Collective Agreement No. 456 dated September 25, 2017, you can also use 2 working days per month to search for work (upon application).

We also invite you to consider the possibility of occupying the following vacancies at Tradecom ODO:

Contract specialist (temporary) workplace) in the supply department with a base salary of 32,000 rubles.

Payroll economist in the financial support department with a base salary of 27,000 rubles.

You can write an application for transfer to the proposed vacancies addressed to the head of the HR Department O. G. Menshinskaya.

Director of ODO "Tradecom" Pustokhvalov O.V.

Notice of dismissal received on October 30, 2018 by Mukhovozov E.S.

Dismissal of an employee due to staff reduction

After all the necessary measures have been taken and the employee refuses the offered job, or there are no vacancies in the company, he is fired.

By agreement between the employer and the employee, the employee can be dismissed before the expiration of the two-month period.

For example, an employee found another job a couple of weeks after receiving the notice. He can write an application requesting a reduction procedure before the expiration of two months from the date of notification. In this case, the employer, having agreed to release the employee earlier than the deadline established by law, will not be held liable for violation of the employee’s rights.

The procedure for excluding a position from a local regulatory act that characterizes the structure of hired personnel, the employee and the payment to him of all due compensation and money earned is completed.

This document can be compiled in the following form:

ODO "Tradecom"

Nizhnemartovsk

ORDER

No. 39/k dated December 28, 2018

On dismissal of an employee (termination of employment contract)

Due to staff reduction

I ORDER:

Grounds: order No. 26/k dated 10/12/2018 “On the reduction of positions in the staff list”, notification dated 10/29/2018 No. 4 “On staff reduction”, statement by E. S. Mukhovozova with refusal of the proposed vacancies dated 12/01/2018 year.

Copies of the documents specified in the justification for dismissal are attached to the order.

Director Pustokhvalov A.V.

The procedure for registering a job reduction in the staffing table depends on whether, as a result of these measures, employees working in the company will be dismissed. When bringing this document into line with the real structure of hired personnel and excluding vacancies from it, it is enough to justify the changes and issue an order from management or the owner to approve the new edition of this local regulatory act.

In the case of dismissal of employees occupying an excluded position, it is necessary to comply with all legal requirements on the procedure for releasing employees and try to minimize the employer’s costs by offering other jobs or dismissing employees for other reasons. In case of violation of the rights of dismissed personnel, the employer may not only receive a fine, but also a trial for the illegality of dismissal.