If the official is not given in hand. Is it necessary to give a copy of the job description? Should the employee have a copy of the job description

Good afternoon I worked for more than a year in a government organization without a job description. My department has a staff of four people. I take the lowest rate, but in fact I work for everyone, since the rest of the employees never showed up at the workplace (that is, they are only listed there). Recently, my boss brought me a job description that listed all my responsibilities plus those three employees. This instruction is approved by the director, but there is neither a company seal nor a registration number. It is also not coordinated with the legal department or the HR department. It is in one copy; they categorically refuse to give a copy. The content of this document also leaves much to be desired; many points in it are written in general, unclear phrases. In general, the content is vague, and the employer can subsequently interpret it as he wishes.

Sample journal for issuing job descriptions

Termination of an employment contract at the initiative of the employer An employment contract can be terminated by the employer in the following cases:... ...3) the employee’s inadequacy for the position held or the work performed due to insufficient qualifications confirmed by the results of certification;... ...5) repeated failure by the employee to perform labor duties without good reason, if he has disciplinary action; 6) a one-time gross violation of labor duties by the employee...” The funniest thing in this situation is that in 80% of cases when such grounds for dismissal are applied, the employer himself plants a time bomb for himself, performing (or rather, not performing) a number of actions and thereby provoking employee to respond to actions within the framework of claim proceedings. Of course, the employment contract plays a decisive role in shaping the working conditions of an employee.

Vote:

Accordingly, in your case, the application of the Job Description, as well as job responsibilities according to it, should be carried out only if this follows from the employment contract. And the employer cannot be guided by a job description that contradicts the employment contract. Otherwise, you have the right to go to court.
Also, in accordance with Art. 62 of the Labor Code of the Russian Federation, upon a written application from an employee, the employer is obliged, no later than three days from the date of filing this application, to provide the employee with copies of documents related to work. This requirement also applies to the issuance of a copy of the Job Description. This copy must be properly certified and provided to the employee free of charge.
That is, in your situation, the administration violates the requirement of labor legislation by refusing to issue you a proper copy of the specified document.

Do I need to give the employee a copy of the job description?

A properly developed job description will allow the employer to:

lay the foundations of the system and methods of leadership and personnel management;
determine measures of possible and proper behavior of an employee in accordance with the legislation of the Russian Federation;
justify the rational division and organization of professional work;
make the most of the professional and creative potential of employees;
improve the business skills of employees and labor efficiency.

This document is necessary to determine the functional tasks and scope of the employee’s duties, in case of failure to fulfill which the employer will have the right to present appropriate claims to him. One of the main objectives of a job description is to establish the level of responsibility and competence of employees.

Question answer. consultation.

I realized that this is not confidential. And it depends on what the employer classifies as a trade secret. However, you should also have been familiarized with the content of this concept in relation to a specific employer upon admission. I want to draw the moderator's attention to this message because: A notification is being sent...
Natalie

Job descriptions are created not by OK, but by the employees themselves (heads of departments). After all, it is a scientific organization, so in our DI our every step is written out. What are we researching, what should we know, etc. I just don’t have DI and FSE on hand. In this case, you have every right to request a copy and receive it! And do with it whatever you please! I want to draw the moderator's attention to this message because: A notification is being sent...

#15 March 13, 2014, 2:39 pm Natalie wrote: Valentina wrote: In this sense, we are top-notch.

I would like to receive a copy of my job description. is it possible???

Attention

Just like your own copy of the employment contract. If, of course, DIs exist at all.) I want to draw the moderator’s attention to this message because: A notification is being sent... Petrova Russia, Yekaterinburg #5 March 13, 2014, 1:32 pm My combined woman at the university and in order to prove that I am a REAL specialist and can give lectures on subjects, I must confirm that in the organization I dealt with the same topics that I will lecture at the university. I want to draw the moderator's attention to this message because: A notification is being sent...

Important

Alya Sorry, but this even sounds stupid. The responsibilities indicated in the DI do not in any way characterize you as a specialist. You may have a million diverse responsibilities, but as a specialist you may not be worth a penny. DI has nothing to do with the quality of work.

Job description labor code

For example, you can take as an example the requirements for job descriptions that are presented in the customs authorities, namely: clear wording, strict structure, simple and understandable language, proper certification and execution of the document. I will focus on one of the points: the job description must be written in simple and understandable language, the tasks and functions of the employee are as specific as possible; general phrases and vague or, conversely, overly florid formulations should be avoided. The more detailed the job description is, the better it will be remembered by the employee, the easier it is to use when a labor dispute arises, conducting inspections, or resolving a conflict in a team. Job responsibilities and subordination need to be especially clearly stated.

A job description is a dangerous toy for a boss

We are talking about the employee having the necessary set of knowledge, skills and abilities that will allow him to successfully cope with the responsibilities assigned to him. The absence of some of them, for example those related to the specifics of the activity of a given enterprise, will be filled by a specialist in a short period of time, which is not something shameful. It `s naturally. Meanwhile, if an employee cannot cope with the responsibilities assigned to him due to low qualifications, due to the lack of necessary knowledge and skills, and simply due to a lack of initiative in studying the business in which he is engaged, then the employer has every right to compare the result of the work of such a “hard worker” "with the requirements that he places on the person applying for this position.

However, it is worth mentioning that some employees compensate for their lack of qualifications with initiative.
Petrova Russia, Yekaterinburg #11 March 13, 2014, 14:21 In this sense, we are top-notch. Job descriptions are created not by OK, but by the employees themselves (heads of departments). After all, it is a scientific organization, so in our DI our every step is written out. What are we researching, what should we know, etc. I just don’t have DI and FSE on hand.
I want to draw the moderator’s attention to this message, because: A notification is being sent... Petrova Russia, Yekaterinburg #12 March 13, 2014, 14:22 I’ll be more precise, I don’t have a certified DI on hand. And there is, of course, a non-certified version. They are completely similar.
I want to draw the moderator's attention to this message because: A notification is being sent... #13 March 13, 2014, 2:23 pm Quote: You have already started asking “leftist” questions.
IMPORTANT! The DI, drawn up as an annex to the employment contract, must be transferred to the employee in accordance with Part 1 of Art. 67 Labor Code of the Russian Federation. Journal for issuing job descriptions: download sample In order to avoid possible disputes between the employee and the employer, it is recommended to record the fact of transfer of DI. You can do this in one of the following ways:

make an entry in the DI issuance journal (especially important for organizations with a large number of employees);
put a mark indicating receipt of the instructions on the employer’s copy (with the signature and transcript of the employee).

The following information may be indicated in the columns of the DI issuance journal:

serial numbers and dates of approval of instructions;
information about the employee’s hiring date and details of the order for its execution;
FULL NAME.

Who has the right to ask for an employee’s job description?

And here there is no need to be ironic, remembering that initiative is punishable. No, reasonable and useful initiative is encouraged. Otherwise, the employer, having comprehensively assessed the work performance of the unfortunate employee and recognizing him as unsuitable for his position, simply says “goodbye” to him. At the same time, one of the documents on the basis of which the employer will decide to dismiss an employee will be the job description.

What do you want to say here? An employee who does not make mistakes is ideal. But there are no such people in the world. As they say, who among us is not without sin? But by making such mistakes, the employee puts himself in an unpleasant position and practically signs his own dismissal order. In conclusion, it is worth noting that the crisis really hit everyone very hard: both employees and employers.

The DI is not an annex to the employee’s employment contract. Then, since the employer is only obliged to familiarize employees with LNA, he is not obliged to issue copies. 2. Since the DI regulates the activities of a specific employee, a copy of the DI must be issued to him, among other things, for the purpose of the employee’s full implementation of his labor function, and such a DI, as a rule, is personal, i.e.
e. refers to a specific employee, and not to the position he occupies and is not a LNA. Thus, there is no certainty on this issue, the law does not regulate this issue thoroughly and all disputes are resolved between the employee and the employer either through negotiations or in court. Note: copies of work-related documents must be properly certified and provided to the employee free of charge (Article 62 of the Labor Code of the Russian Federation).

And the absence of an DI is precisely a mandatory fact for certification and, based on this document, questions are formulated for the person being certified. If this is the chief accountant, then dismissal is made based on the results of the accounting audit. But the employee in any case can sue the employer and if the procedure was carried out not done properly, the employee will be reinstated and the organization will be required to pay for the days of forced absence from work. It is a troublesome business and not very rewarding to fire people on the initiative of the employer... Maybe it would be easier to part with a person amicably, for example, by agreement of the parties? Manyunya_ is not a lawyer_ by the way Thanks for the detailed answer. It’s clear - there is no DI, there are no duties for which you can be fired. Somehow, on a legal portal, I read a recommendation on how to write explanations if they make complaints about work and ask for an explanation in writing.

Question answer. consultation.

Manyunya_ is not a lawyer_ by the way. Why should the employer put the old date on the new instructions! If you are Spanish, you must be familiar with the new DI! and you must set an actual date for yourself, and not retroactively, otherwise you won’t be able to prove it. Can your employer force you to sign retroactively?????? Maybe! but you don’t agree, otherwise you’ll dig a hole for yourself. Although it depends how much time has passed. You can, of course, conduct an examination of the paper, ink and prove when the document was actually prepared and signed - a month or a year ago! and what you were forced to sign, were pressured, threatened, etc. Why do you need a showdown in court and a bad employment record? know your rights, do not give in to pressure. let them fear you, not you them. especially since the salary is white.

Job description

If the job description is drawn up as an independent document, approve it by order of the head of the organization and introduce it to employees hired for the corresponding position, against signature (Part 3 of Article 68, Article 57 of the Labor Code of the Russian Federation). Situation: In what form should employees be introduced to the job description. The job description is designed as an independent document. There are several options for familiarizing employees with the job description. Firstly, you can keep a special log of familiarization with the instructions. Secondly, you can attach a familiarization sheet to the instructions. And thirdly, the employee can sign the instructions themselves (on both copies). To the copy that remains in the organization, file several sheets for review, affixing them with the seal and signature of an authorized person (director, head of the personnel department, chief accountant, etc.).

Sample journal for issuing job descriptions

There are loopholes for the employer, but it is advisable for him to hire a competent labor lawyer or personnel officer. In order to fire him for non-compliance, he dug a hole for himself with his own hands. Let him prove that you are inadequate. If your duties have been changed, then this does not even fall under Article 74...

read it.

but you must sign the addendum. if you don’t sign, he must justify it first, then warn you that the responsibilities of such and such a position are changing (why again)... you must sign...

Should the employee have the original job description or a copy?

Hello, Love! According to Art. 62 of the Labor Code of the Russian Federation, upon a written application from an employee, the employer is obliged, no later than three working days from the date of filing this application, to provide the employee with copies of documents related to work (copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from work book; salary certificates, accrued and actually paid insurance contributions for compulsory pension insurance, period of work with a given employer, etc.). That is, the list of documents, copies of which the employer is obliged to issue, is open (as indicated by the Constitutional Court of the Russian Federation in the Determination of May 21, 2015 N 1008-O). However, in judicial practice, there have been two approaches regarding the issuance of copies of job descriptions (JI): 1.

When DI is a local regulatory act (LNA), i.e.

It is mandatory to hand out instructions to employees on how to

e. refers to a specific employee, and not to the position he occupies and is not a LNA. Thus, there is no certainty on this issue, the law does not regulate this issue thoroughly and all disputes are resolved between the employee and the employer either through negotiations or in court. Note: copies of work-related documents must be properly certified and provided to the employee free of charge (Article 62 of the Labor Code of the Russian Federation).

Do I need to give the employee a copy of the job description?

Letter of Rostrud dated October 31, 2007 N 4412-6 states that a job description can be either an annex to an employment contract or an independent document. It is compiled in accordance with the ShR, taking into account the Unified Tariff and Qualification Directory. If all the employee’s duties are specified in the TD, then it is enough for the employee to familiarize himself with the DI, which should be noted in the form of a signature in the DI accounting log or a sheet of familiarization with the LNA. Let me remind you that the second copy of the TD is in the employee’s hands.

I would like to receive a copy of my job description. is it possible???

DI will be approved later than TD. Further. Since the DI is a unilateral local normative act and is approved only by the employer, and the TD is bilateral with responsibilities at the time of acceptance, then after the publication of the “new” DI you are required to make an addition to the TD, because new responsibilities have been added to it, which are not immediately concluded. The TD was not spelled out in it, and in order for the employee to begin fulfilling the new duties prescribed in the new TD, he must give his consent by signing an addendum to the TD. if he refuses to sign such an addendum, then he will be right, and your new DI will not be in your favor. And if there is a showdown again leading to trial, then you will lose, because... at the time of closing Good afternoon I worked for more than a year in a government organization without a job description. My department has a staff of four people. I take the lowest rate, but in fact I work for everyone, since the rest of the employees never showed up at the workplace (that is, they are only listed there). Recently, my boss brought me a job description that listed all my responsibilities plus those three employees. This instruction is approved by the director, but there is neither a company seal nor a registration number. It is also not coordinated with the legal department or the HR department. It is in one copy; they categorically refuse to give a copy. The content of this document also leaves much to be desired; many points in it are written in general, unclear phrases. In general, the content is vague, and the employer can subsequently interpret it as he wishes. When compiling this section, you can use professional standards, the All-Russian Classifier of Occupations OK 010-93, approved by Decree of the State Standard of Russia dated December 30, 1993 No. 298, and the Qualification Directory approved by Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37. They provide an approximate list of responsibilities of various positions. Section “Rights” In the “Rights” section, write down a list of rights that an employee has, within the scope of his or her competence, when performing his/her official duties. Section “Responsibility” In the section “Responsibility” it is customary to specify the types of assigned responsibility in accordance with the law, depending on the employee’s job responsibilities.

Is the employer required to hand out a job description?

I hold a position as a technical staff, and the requirements are for a specialist. I refused to sign for it. I wrote a memo addressed to the deputy director, in which I expressed my opinion and asked to prepare and approve instructions in accordance with GOST. They refused me this, but they continue to put pressure on me, threatening to draw up an act of refusal to sign.

I insisted that I be notified in writing of significant changes in working conditions. After two months, you must either quit or sign the Job Description. They let me read it and sign it, but they refuse to give me a copy.

Is the employer required to provide the employee with a certified copy of the Job Description or a second copy of it? How can you be sure that this is an official document that is registered in the Job Description Registration Book? Thank you.

Should an employer hand out a job description?

If claims have already been made against you, be sure that you will be fired, but you will be offered to resign on your own. If there is no fight yet, then you can play it safe, ask in writing, of course, to give you a job description, but again you risk provoking your dismissal, since you you become dangerous by starting to use your brains and building your defense. We are accustomed to the silence of the lambs. ORM ideally, the instructions are in written form, approved by the head of the enterprise (date and signature), the original is stored in the personnel department or with the head of the structural unit, the instructions are accompanied by a Document Familiarization Sheet, which, again, ideally, is stitched together with the document. When hired, the employee must be familiar with the instructions, which is confirmed by a personal signature and date on the familiarization sheet.

When compiling this section, you can use professional standards, the All-Russian Classifier of Occupations OK 010-93, approved by Decree of the State Standard of Russia dated December 30, 1993 No. 298, and the Qualification Directory approved by Decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37. They provide an approximate list of responsibilities of various positions. Section “Rights” In the “Rights” section, write down a list of rights that an employee has, within the scope of his or her competence, when performing his/her official duties. Section “Responsibility” In the section “Responsibility” it is customary to specify the types of assigned responsibility in accordance with the law, depending on the employee’s job responsibilities.

Question answer. consultation.

After this, the employer is recommended to give the employee a certified copy of the job description, and he must sign with you “I have received a copy of the job description, I undertake to keep it at the workplace.” It’s not just that he received it, but that he undertakes to keep it at his workplace, then the employee will no longer be able to get away with the fact that he forgot his duties or simply signed and received a copy...
Katatsuburi, upon admission, signed EVERY page of the job description and contract... a copy of the DI was given to me (no one cares what I do with it)...

Should the employee have the original job description or a copy?

Attention

Something to sign with the employee, inform him two months in advance about the change in working conditions! For him, these are such trifles that it’s not worth paying attention to! :)))))) There is such chaos with documents in the staff (and everywhere else), you can’t imagine. If they managed to fire me retroactively while I was on a business trip... I was already fired, and already in a legal battle with RD.

So, I’m thinking about what else they can cook up there after the fact, I’m playing it safe. But, of course, now it doesn’t matter what they sculpted there, but if they reinstate me, I will have to be fired somehow, that’s also the reason - they will load me with work that I haven’t done in my life, and I can’t.

True, we still need to recover. And not a fact.

I would like to receive a copy of my job description. is it possible???

if he refuses to sign such an addendum, then he will be right, and your new DI will not be in your favor. And if there is a showdown again leading to trial, then you will lose, because... at the time of closing

Sample journal for issuing job descriptions

Manyunya_ is not a lawyer_ by the way Yes, now I will study every piece of paper before signing and consult with a lawyer, copy (even business trip reports and tickets) and ask the RD to sign the copy... I don’t know, however, how long I can work like this... they’ll fire me for “being smart” to Katatsuburin.. there is another option for action.. as I do))) become a “blonde” in chocolate... forget about money, papers and the “truth”... leave this to your boss.. rely on him.. obviously and irrevocably...behave like a blonde who doesn’t understand anything about this - and relies on stronger and smarter men...and such men will definitely “get” around you))) Manyunya is not a lawyer, by the way, Yes, I’ve read so much on legal portals. It’s a piece of cake to fire, and then people go to court for six months, spend money on lawyers, get reinstated, get fired... it’s a nightmare what’s going on.

Urgent! refusal to give a copy of the job description. Is it legal?

date of receipt by employee
signature of the employee indicating that he has read and received a copy of the DI;
information about the employee responsible for maintaining the DI issuance log.

A sample journal for issuing job descriptions can be downloaded from the link: Journal for issuing job descriptions - sample download. Thus, as a general rule, 1 copy of the signed job description is given to the employee.

The originals of the agreed and approved job descriptions are numbered, laced, certified with the seal of the organization and stored in the documentation support departments or personnel department, where they are subject to registration. The job description or its certified copy may also be kept in the personal files of employees. In the absence of a documentation support unit, the original job descriptions and regulations are kept by the official responsible for office work. The original job descriptions and job regulations that have become invalid due to their replacement with new ones are confiscated and are formed into a separate case. An internal inventory is drawn up for the documents placed in the case, the sheets are numbered, a certification sheet is drawn up, and the cover of the case is drawn up.

And only after obtaining the employee’s consent to continue the employment relationship, changes are made to the job description. If the job description was approved as a separate document and changes to it do not entail the need to change the mandatory conditions of the employment contract, then it is most convenient to approve the job description in a new edition, by familiarizing the employee with it in writing, and also comply with other rules for developing job descriptions. You can also make changes by preparing a document on their introduction on the job description form. In this case, only changes are indicated. This method is, in our opinion, less convenient, but can also take place. When preparing a job description and making changes to it, the requirements of GOST R 6.30-2003 “Unified documentation systems” should be taken into account.

Do I need to give the employee a copy of the job description?

Attention

Section “Rights” In the “Rights” section, write down a list of rights that an employee has, within the scope of his or her competence, when performing his/her official duties. Section “Responsibility” In the section “Responsibility” it is customary to specify the types of assigned responsibility in accordance with the law, depending on the employee’s job responsibilities.

Should the employee have the original job description or a copy?

Rostruda dated October 31, 2007 No. 4412-6. Sections of the job description Regardless of the method of execution, the job description, as a rule, consists of the following sections: Section “General Provisions” In the section “General Provisions”, indicate:

direct subordination (for example, an accountant reports directly to the chief accountant);
procedure for appointment and dismissal;
presence and composition of subordinates;
replacement procedure (who replaces the employee during his absence and who he can replace);
a list of documents that an employee must follow in his activities.

Section “Job Responsibilities” In the “Job Responsibilities” section, list all the responsibilities assigned to the employee in accordance with the practice of distribution of labor functions that has developed in the structural unit.

Question answer. consultation.

Otherwise, you have the right to go to court. Also, in accordance with Art. 62 of the Labor Code of the Russian Federation, upon a written application from an employee, the employer is obliged, no later than three days from the date of filing this application, to provide the employee with copies of documents related to work. This requirement also applies to the issuance of a copy of the Job Description. This copy must be properly certified and provided to the employee free of charge.
That is, in your situation, the administration violates the requirement of labor legislation by refusing to issue you a proper copy of the specified document.

I would like to receive a copy of my job description. is it possible???

In the latter case, the familiarization sheet should also include the columns “I have read the job description” and “I have received one copy.” Responsibility for the timely familiarization of officials with the job description and their receipt of a copy of the instruction rests, as a rule, either with the person responsible for working with job descriptions in the organization, or to the immediate supervisors of employees. The requirements of the job description are mandatory for the person filling the corresponding position, from the moment he familiarizes himself with the instructions for signature and until he is moved to another position or dismissed from the organization, about which a record is made on the last sheet of the job description or in the corresponding column of the familiarization sheet. Storage of job descriptions.

Sample journal for issuing job descriptions

Secondly, you can attach a familiarization sheet to the instructions. And thirdly, the employee can sign the instructions themselves (on both copies).
To the copy that remains in the organization, file several sheets for review, affixing them with the seal and signature of an authorized person (director, head of the personnel department, chief accountant, etc.).

Job descriptions: to have or not to have (silence a.p.)

Important

The “Rights” section contains a list of rights that an employee has within his competence when performing his official duties. The section also reflects the employee’s relationships with other divisions of the organization, other organizations, state authorities and local governments. The “Official Responsibilities” section contains a list of the employee’s immediate main responsibilities, which follow from the organization’s charter, regulations on the organization’s structural divisions, as well as from the specifics of a particular positions. The “Responsibility” section indicates the types and extent of the employee’s responsibility for failure to perform or improper performance of their duties, taking into account the provisions of labor legislation. The job description may contain other sections.

However, there are strong arguments in favor of creating a job description. Its presence will allow the organization: A job description is drawn up for each full-time position.

Editor's advice: do not write personalized instructions, otherwise they will have to be approved again with each personnel change. If several employees occupy the same positions and perform the same duties, then it is enough to draw up a single job description for everyone and familiarize each employee with it.

If employees occupy the same positions, but perform different duties, then it is better to rename the positions and call them differently. The procedure for drawing up a job description is not regulated by law, so the employer independently decides how to draw it up.

In practice, a job description can be drawn up as an annex to an employment contract or as a separate document.

Do I need to provide a copy of the job description?

IMPORTANT! The DI, drawn up as an annex to the employment contract, must be transferred to the employee in accordance with Part 1 of Art. 67 Labor Code of the Russian Federation. Journal for issuing job descriptions: download sample In order to avoid possible disputes between the employee and the employer, it is recommended to record the fact of transfer of DI.
You can do this in one of the following ways:

make an entry in the DI issuance journal (especially important for organizations with a large number of employees);
put a mark indicating receipt of the instructions on the employer’s copy (with the signature and transcript of the employee).

The following information may be indicated in the columns of the DI issuance journal:

serial numbers and dates of approval of instructions;
information about the employee’s hiring date and details of the order for its execution;
FULL NAME.

The authority to approve such instructions falls within the authority of the employer. Before approval by the person exercising the powers of the employer in the organization, the draft job description must be agreed upon by all managers (immediate and superior) under whose subordination this position is located. The job description can be approved by putting the stamp “I approve” on its first page or by issuing an order on approval of job descriptions. The instructions come into force from the moment of approval by the head of the organization or other person exercising the powers of the employer in relation to the employee filling this position, and are valid until replaced by a new job description. Familiarization of the employee with the job description.

Is a job description issued to the employee? Journal of issuing job descriptions: download sample. Is a job description issued to the employee? A job description (hereinafter referred to as DI) is one of the local acts of the employer, developed in relation to a separate position and approved by the head of the organization. The presence of a DI in an organization is a right, not an obligation of the employer. At the same time, it allows you to effectively distribute the powers of employees, determine the boundaries of their responsibility and establish the employee’s competence at the hiring stage. More information about whether it is necessary to draw up a DI at enterprises is described in the article Is a job description required in an organization? The current legislation does not regulate the procedure for registration and issuance of DI.

Question answer. consultation.

DOLAARBetween what should be and what actually is - (well, actually for the 1000th time) It’s good if there are instructions at all, but in most cases it would be better not to have them at all, since it seems that they were developed specialists who only had enough ability to download a sample from the Consultant. Instructions, if they are sensible, are a double-edged sword, and if they are not there, then everything in the company is not as good as they are trying to make it out to be. Manyunya_ is not a lawyer_ by the way. There are no instructions, but it is written in the employment contract that with instructions, discipline, etc.

familiarized And the employee signed up for it. But they didn’t give me instructions. Now does the RD have the opportunity to write anything into it and fire him for failure to fulfill his duties? Or is the employee still required to have instructions and record somewhere that they were given them? DOLAAR They don’t wave their fists after a fight.

Job description

It is advisable that they also have the signature of the Employer. In a crisis, when volumes have fallen, when there are many specialists on the market who are ready to do your volume of work for less money, protecting your rights becomes very important. The employer will do everything possible to optimize his costs and dismiss the employee without paying him all the required compensation. As in my case, I began to create additional agreements that shorten the term of work in order to fire on an urgent basis.
As if I had to sign this additional document not with the date he put on it, but with the real one, these additional documents were not issued on the day of the specified date, but a week or even more later... it was my own fault. Dont know.

Sample journal for issuing job descriptions

It’s a piece of cake to fire, and then people go to court for six months, spend money on lawyers, get reinstated, get fired... it’s a nightmare what’s going on. I was always far from this, from the courts, the study of legislation..... somehow naively believed that everything was OK. Spanish. Is a lawyer expensive for you in labor law? Manyunya_ is not a lawyer_ by the way, I don’t have a lawyer.
I would take it.

Attention

I’m shocked by the documents that are the giver :))))) I haven’t seen them in person, but they have my signature on them :))))))) Spaniardif you remember for sure that you didn’t see these documents in person and didn’t sign anything - stand your ground. Especially in court, declare that your signature was forged!!! then a graphological examination will be prescribed.

In addition, a signature is recognized when at least 3 letters are written, and not a squiggle with a tail, so ideally, when an employee signs, he writes the full name, then it can definitely be proven that this is his signature.

Should the employee have the original job description or a copy?

Info

This requirement also applies to the issuance of a copy of the Job Description. This copy must be properly certified and provided to the employee free of charge.

That is, in your situation, the administration violates the requirement of labor legislation by refusing to issue you a proper copy of the specified document.

It is mandatory to hand out instructions to employees on how to

Important

We write: “performed the work in accordance with the job description” ELENA You can carry out any measures to influence the employee, but... Dismiss for inconsistency with the position held, only through certification.

And for which a DI is required, otherwise the court will consider the certification illegal, these are the rules. And what you described as “performed the work according to the job description” can only serve in the event of a disciplinary sanction if the person failed... And a disciplinary sanction can only be reprimand, severe reprimand and dismissal (you have no grounds for the latter). You can apply penalties if they are specified in your TD and PVTR or in the Regulations on Incentives and Penalties (if any).

Do I need to give the employee a copy of the job description?

Question Please tell me whether the employee must have the original job description or a copy in his hands. And does the copy need to be certified? And is it necessary to flash it? Thank you.

Answer Answer to the question: A job description is the main document that defines the tasks, functions, duties and responsibilities of an employee of an organization when performing work in their position. It is necessary to develop a job description based on the tasks and functions assigned to a specific structural unit.

The procedure for drawing up a job description is not regulated by law, so the employer independently decides how to draw it up. In practice, a job description can be drawn up as an annex to an employment contract or as a separate document.

I would like to receive a copy of my job description. is it possible???

If the TD does not clearly state all the responsibilities or there is a reference to the DI, in this case the DI is drawn up in two copies and one copy is given to the employee. And on the second one, a mark must be placed on the issuance of the document (the second copy) in hand.

The DI must also be marked by a lawyer in agreement with the document and the DI must be approved by the first person of the company.2. Regarding the employee's inadequacy. This is proven based on the conclusion of the commission during an extraordinary certification of the employee.

The certification commission must include a qualified specialist for the position being certified. If there is no such specialist in the company, he should be invited from outside.

And if you’re scared and stay there, then you will be reinstated and THAT first employment contract will apply to you, but there won’t be a second one, which means the responsibilities of TE. And what they will create after you are reinstated at work is what they should do in addition...

so it won’t be so easy to “load” you... don’t be afraid

Tsurupochka I always demanded “my” instructions in my hands from the age of 17!!! And now I’m forcing them (even if the employee doesn’t need this paper “in hand”) to carefully read it, despite all their haste, and then sign at least in the TD, at least on the DI itself!!! If you don’t have them, you’ll have to create them. Please note that there will be problems not only with the State Tax Service, but also with the Tax Service in the future.

Barrymore When you are hired, you are given an employment contract, where everything is spelled out, including work hours and job responsibilities, whether for a trial period or permanently.
Oh, there’s no need to shout like that... Actually, we’re not talking about issuing a reprimand, but specifically about dismissal for non-compliance, and in the absence of a CI... I’m not shouting Spanish, sorry, if I’m so emotional, there’s just no “severe reprimand” right now... that’s why I was indignant :))))) and dismissal due to non-compliance - everything is correct e lena

Yes, God bless him with the reprimand, she just got it mixed up the old fashioned way... Now no one can stand this reprimand for her... It’s just said that they can only slap a reprimand and remove it in a year if it doesn’t happen again.

What about dismissal? What's right? For dismissal due to non-compliance, they did not comply with the rules established for that case. Ispankaaga, they don’t even have DI! How will they conduct certification? in short, they won’t do anything to her.

Is the employer required to hand out a job description?

In accordance with Article 57 of the Labor Code of the Russian Federation, an essential condition of an employment contract is the condition on the name of the position, specialty, profession indicating qualifications or a specific labor function. In this case, the specified name must correspond to the staffing table. Also, the terms of the employment contract must specify the rights and obligations of the employee. Therefore, it must be borne in mind that the performance of labor duties, including those contained in the Job Description, is determined by the employment contract. The employer, on the basis of Article 60 of the Labor Code of the Russian Federation, does not have the right to require the employee to perform work not stipulated by the employment contract, except for cases when changes in the labor function are dictated by organizational and technological working conditions, and cases provided for by labor legislation.

Should an employer hand out a job description?

ORM, stop worrying about what has not yet happened... the court is a long matter, in each instance it is possible to conclude a settlement agreement, while you are suing, the employer may change again and the management and everything in general... Manyunya_ is not a lawyer_ by the way Yes, of course it would be fine... if there was work and money, but if you sue for at least a year, you’ll get more. And so, soon you’ll not only worry, you’ll panic ORM, I understand perfectly well, without work and with the court Manyunya_ is not a lawyer_ by the way I never thought that I would have to sue someone, especially with the employer ORM There is a silver lining, you will gain useful experience in Spain. do you have a real trial??? then there is nothing to be afraid of at all. anything they do in hindsight is even more of their problem. You stand your ground, I haven’t looked into it, I haven’t seen it, this is the first time I’ve heard about it... You will be reinstated. But it’s hardly worth continuing to work there... It’s hard for you and it’s not easy for them...