Employment contract and job description. Job description - annex to the employment contract: is this possible?

If you carefully study the provisions of the Labor Code of the Russian Federation, you will be surprised to find that there is not a single mention in it of such a well-known document as a job description. And yet we have long been accustomed to this: an employee must have a job description. Whether it actually exists or not is another question, but it should be! Just what kind of document is this in relation to employment contract, and whether it can be an appendix to it is a question that, as it turns out, is controversial...

HR WORKERS ARGUE

THE EXPERT MAKES A PERIOD

To resolve the dispute between our forum members, we first need to find an answer to the question: what are documents such as an employment contract and job description?

Let's look to the law for the answer. According to the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulations legal acts, containing norms labor law, collective agreement, agreements, local regulations and this agreement, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal rules labor regulations, operating at of this employer (Art. 56 Labor Code of the Russian Federation).

Our information

In accordance with the All-Russian Classifier of Management Documentation ( approved By Decree of the State Standard of Russia dated December 30, 1993 No. 299), job descriptions are classified as a group of documents for organizational and regulatory regulation of the activities of an organization or enterprise.

For us from this definition the key word is “agreement”, i.e. a document recording the agreement reached between the two parties to the contract- employee and employer. The conditions agreed upon by the parties and reflected in this document apply only to the parties to the contract, i.e. a specific employee and a specific employer.

As for the job description, you will not find a definition of this concept in the Labor Code of the Russian Federation. In legal theory under job description it is generally accepted to understand a local regulatory act establishing the rights, duties and responsibilities of an employee for a certain position in the structure of the organization as a whole or its structural division. That is, a job description is a local regulatory act: a document containing labor law norms, which is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements ( Art. 8 Labor Code of the Russian Federation). The main features of a local regulatory act are that it is adopted, firstly, by the employer unilaterally, and secondly, it applies to all or a certain number employees of this employer ( Art. 13 of the Labor Code of the Russian Federation).

Comparative characteristics of the employment contract and local regulations

It turns out, that an employment contract and a job description refer to different types of documents. Now is the time to return to our question: can a job description, i.e., a local regulatory act, be an annex to an agreement? The law does not give us an answer to this question. Although no, indirectly such an answer can be found in the norms of the Labor Code of the Russian Federation. For example, the Code establishes that the Internal Labor Regulations (local regulations), as a rule, are an annex to the collective agreement (agreement) ( Part 2 Art. 190 Labor Code of the Russian Federation).

The fact that a job description can be either an appendix to an employment contract or approved as an independent document is stated in letters of Rostrud dated October 31, 2007 No. 4412-6 and dated November 30, 2009 No. 3520-6-1. Some courts hold a similar opinion.

However, this position is subject to serious criticism by experts in the field of labor law. And there are several reasons for this.

Reason 1. As the document is accepted, so it is changed

Let us repeat once again: an employment contract is the result of a mutual agreement between the parties. Changing the conditions determined by these parties is also allowed only by their mutual agreement ( Art. 72 of the Labor Code of the Russian Federation).

The job description is a local normative act and is unilaterally approved by the employer. Accordingly, changes to it can also be made unilaterally by the employer.

However in the case where the job description is an annex to the employment contract(if this is expressly stated in the contract itself), it is subject to all rules regarding changes to the main document, i.e., the employment contract. It turns out that in such a situation the employer is deprived of the opportunity to make any changes to the employee’s job description unilaterally and must first obtain the employee’s consent to do so. We think you understand the consequences of this...

Reason 2. Job description is not a personal document

By general rule job description- it’s not for nothing that it’s called “official” - it’s being developed for a specific position, and not for a specific employee. For example, the job description of a lawyer, the job description of a secretary, the job description of an accountant, etc. And if your company has several secretaries performing the same job responsibilities, they will all have the same job description.

We anticipate your question: what if the responsibilities are different? Yes, this is possible. In this case, the existing differences should be reflected both in the title of the position and the content of the employee’s duties (and, accordingly, in the job description), and in remuneration. And then you will have the secretary's job description general director, job description of a secretary-typist, job description of an office secretary. All these employees who have the word “secretary” in their job title have different job responsibilities, which should be recorded in the instructions for these positions.

Reason 3. Job description is primary

With the correct structure of personnel selection work in the organization the job description is primary in relation to the employment contract. It is logical that a list of duties that an employee will perform for a particular position is first determined, then the qualification requirements for such an employee are determined, and only after that an employee who meets such requirements and is capable of performing the required duties will be selected.

Another argument in favor of the fact that the job description in relation to the employment contract is primary is the employer’s obligation to familiarize the employee with local regulations directly related to his labor activity, against signature before signing the employment contract ( Part 3 Art. 68 Labor Code of the Russian Federation). Among such documents there should be a job description. In the case where the instruction acts as an annex to the employment contract, this legal requirement will not be met, since the employee will become familiar with his job description at the time of signing the employment contract.

YOU SHOULD KNOW THIS

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement ( Part 3 Art. 68 Labor Code of the Russian Federation)

It should be noted that the organization (usually a structural unit) must keep the original job description. Personnel department employees and the employee's immediate supervisor will have to contact her every now and then (for example, when providing a written refusal to hire, terminating an employment contract in the event of an unsatisfactory test result, conducting certification, bringing the employee to disciplinary action, etc.).

According to the List of typical management archival documents, generated in the process of activity government agencies, organs local government and organizations, indicating storage periods ( approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558, hereinafter referred to as the List), employment contracts with employees of organizations and job descriptions refer to different sections of the List. Thus, according to the List, employment contracts refer to documents according to staffing (p. 657 of the List), and job descriptions - to documents on the organization of the management system ( clause 77 of the List). Respectively, These documents must be stored separately from each other.

We think we have convinced you that it is not advisable to use a job description as an annex to an employment contract.

At the same time, we strongly advise you, every time you hire a new employee, not only familiarize him with the job description against signature, but also give him a copy of it. Moreover, so that the employee cannot subsequently refer to the fact that he forgot his job duties, which he was familiarized with when applying for a job, It is advisable for him to sign for a copy of the job description in hand(possibly on a copy of the employment contract, which remains with the employer).

So whether your company’s job descriptions will be independent documents or appendices to employee employment contracts is up to you to decide. The law allows for both options. However, we still advise you to remember that these are documents different types, and do not consider the job description as an annex to the employment contract.

Despite the fact that the Labor Code of the Russian Federation does not contain any mention of a job description, it is an important document, the content of which is not only the labor function of the employee, but also the scope of work job responsibilities, limits of responsibility, but also qualification requirements requirements for the position. As noted in the letter of Rostrud dated October 31, 2007 N 4412-6, a job description can be developed in the form of a local regulatory act, or can act as an annex to an employment contract concluded with a specific employee. In the latter case, such a job description is valid only in relation to a specific employee with whom such an employment contract has been concluded (see also letter of Rostrud dated November 30, 2009 N 3520-6-1).

Job description as a local regulatory act

Right to accept local acts belongs to the employer (part one of Article 8 of the Labor Code of the Russian Federation). The procedure, timing for the development and approval of such a document, as well as the procedure for making changes to a local regulatory act, are not regulated by labor legislation.

The job description, as a local normative act, applies to all employees hired for the corresponding position. According to part three of Art. 68 of the Labor Code of the Russian Federation with local regulations directly related to the employee’s work activity, the employer is obliged to familiarize the employee with signature before signing the employment contract.

The Labor Code of the Russian Federation does not establish a time limit for familiarization of already working employees with local regulations adopted by the employer. In Art. 22 of the Labor Code of the Russian Federation only states that the employer is obliged to familiarize employees, upon signature, with the adopted local regulations directly related to their work activities. Consequently, familiarization of a newly hired employee with the job description approved by the employer after his hiring can be done 2-3 days after the date of conclusion of the employment contract.

If the job description is already in force at the time the employee is hired, familiarization with it should be carried out before signing the employment contract. Failure to comply with this requirement will constitute a violation labor legislation.

The procedure for familiarizing employees with local regulations of the employer of the Labor Code of the Russian Federation has not been established. The above norms only say that familiarization is carried out against signature. Consequently, the employer can choose any method in which he will have a paper medium (possibly including a journal) with the signature of the employee, indicating that the person signing is familiar with the text of the local regulatory act. It must be taken into account that if the signature is not placed on the instructions itself, but in the relevant journals, familiarization sheets, etc. they must fully indicate the details of this job description.

Job description as an annex to the employment contract

The Labor Code of the Russian Federation does not mention the preparation of annexes to an employment contract and does not regulate the status of these documents. We believe that a job description, if it is an appendix to an employment contract, is an integral part of the employment contract; therefore, the rules on the procedure for concluding and amending an employment contract fully apply to its appendices. According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

Thus, in the case when the parties to the employment contract indicate that the job description is an annex to the employment contract, we should not talk about familiarizing the employee with the job description, but about the signing by the employee and the employer of two copies of the job description, which are part of the employment contract, and handing over one of them to the employee, along with a copy of the employment contract.

Since the labor legislation does not mention appendices to the employment contract, we will not find any regulatory justification for the need to sign a job description in the form of an appendix to the employment contract on the day the employment contract is concluded. We believe that if the text of the employment contract contains a mention that the job description is an annex to the employment contract and is an integral part of it, such job description must be signed by both parties simultaneously with the employment contract.

However, in order to make the job description part of the employment contract after its conclusion, the parties must sign the corresponding additional agreement to the employment contract in the manner prescribed by Art. 72 Labor Code of the Russian Federation. The minimum and maximum terms for concluding such an additional agreement are not established by law.

Prepared answer:

Expert of the Legal Consulting Service GARANT

Inchin Denis

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Komarova Victoria

Job description - annex to the employment contract: is this possible?

As of: 06/16/2011

Magazine: Everything for HR

Topic: HR documents

Regulatory documents Labor Code Russian Federation(extract) Letter of Rostrud dated November 30, 2009 No. 3520-6-1 (extract) Letter of Rostrud dated October 31, 2007 No. 4412-6 “On the procedure for making changes to job descriptions of employees” (extract)

Just what kind of document this is in relation to the employment contract, and whether it can be an appendix to it is a controversial question, as it turns out.

HUMAN RESOURCES ARGUE, EXPERT MAKES AN END

To resolve the dispute among our forum members, first of all we need to find an answer to the question, what are documents such as an Employment Contract and Job Description?

Let's look to the law for the answer. According to the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor standards rights, collective agreement, agreements, local regulations and this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code RF).

For us, the key word in this definition is the word “agreement”, i.e. a document recording the reached agreement of the two parties to the contract - the employee and the employer. The conditions agreed upon by the parties and reflected in this document apply only to the parties to the contract, i.e. a specific employee and a specific employer.

It turns out that the employment contract and job description refer to different types of documents. Now is the time to return to our question: can a job description, i.e., a local regulatory act, be an annex to an agreement? The law does not give us an answer to this question. Although no, indirectly such an answer can be found in the norms of the Labor Code of the Russian Federation. For example, the Code establishes that the Internal Labor Regulations (local regulations), as a rule, are an annex to the collective agreement (part 2 of Article 190 of the Labor Code of the Russian Federation).

Let us repeat once again: An employment contract is the result of a mutual agreement between the parties. Changing the conditions determined by these parties is also allowed only by their mutual agreement (Article 72 of the Labor Code of the Russian Federation).

The job description - a local normative act - is approved by the employer unilaterally. Accordingly, changes to it can also be made unilaterally by the employer.

Reason 2. Job description is not a personal document

As a general rule, a job description - it’s not for nothing that it’s called “job description” - is developed for a specific position, and not for a specific employee. For example, a lawyer's job description, a secretary's job description, an accountant's job description, etc. And if your company has several secretaries performing the same job duties, they will all have a single job description.

We anticipate your question: what if the responsibilities are different? Yes, this is possible. In this case, the existing differences should be reflected both in the title of the position and the content of the employee’s duties (and, accordingly, in the job description), and in remuneration. And then you will have a job description for the secretary of the general director, a job description for a secretary-typist, a job description for the secretary of the office. All these employees who have the word “secretary” in their job title have different job responsibilities, which should be recorded in the instructions for these positions.

YOU SHOULD KNOW THIS

job description attached to the employment contract

14.03.2013 7:53:56

Yulia Gor wrote:

Colleagues, I heard the opinion that the job description should be made as an annex to the employment contract. How beautiful and where should it be written in the contract that there is an appendix in the form of a job description?

It is probably more correct - as an addition to the TD (like other local acts, which must be familiarized to the employee upon signature), as a separate document that is signed by the employee before signing the TD.

And we write in the TD (at the end). The job description (Dr. L.A.) was familiarized with the employee’s signature, full name, number before signing the TD.

And in the TD itself it is necessary to specify the functional responsibilities - as a mandatory item.

Job description of a surveyor

JOB DESCRIPTION for surveyor _________________________________________ (name of employer's department)

Agreed: _________________

______________________________

PREAMBLE

This job description has been developed and approved in accordance with the provisions of the Labor Code of the Russian Federation and other regulations governing labor relations in the Russian Federation.

1. GENERAL PROVISIONS

1.2. This job description defines the functional responsibilities, rights, duties, responsibilities, working conditions, relationships (positional connections) of the Employee, criteria for evaluating him business qualities and the results of work when performing work in the specialty and directly at the workplace at “______________” (hereinafter referred to as the “Employer”).

1.3. An employee is appointed to a position and dismissed from a position by order of the Employer in the manner prescribed by current labor legislation.

1.4. The employee reports directly to _________________________.

1.5. The employee must know:

laws and other regulatory legal acts in the field of geological study, use and protection of subsoil and environment

organizational and administrative documents and teaching materials relating to the production of topographic and geodetic works

development prospects and features of geodetic work in a geological organization

methods, rules, instructions, instructions and conditions for geodetic work

procedure and technology for geodetic work

kinds, specifications, principles of operation and rules of operation of geodetic equipment, instruments and tools

rules for verification, adjustment and storage of geodetic equipment, instruments and tools

maintenance procedures, rules and requirements for the preparation of field materials, geodetic documentation and reporting

methods of technical calculations and desk processing of field materials

rules and requirements for the preparation of geodetic maps, plans, diagrams, profiles and other graphic materials

basic types and rules for using drawing tools

procedure for designing and planning topographic and geodetic works

advanced domestic and Foreign experience in the field of geodetic work

fundamentals of the economics of geological exploration and mining

basics of labor legislation

fire protection rules

labor safety rules.

1.6. Qualification requirements.

Surveyor: higher vocational (geodetic) education without requirements for work experience or secondary vocational (geodetic) education and work experience as a category 1 surveyor technician for at least 3 years.

1.7. The employee has all the rights established for young specialists, as well as all the rights and benefits defined by law for employees of this specialty.

2. FUNCTIONAL RESPONSIBILITIES

Performs work on thickening the planned network using various geodetic methods (triangulation, polygonometry, etc.), as well as the altitude base using leveling methods.

Carries out a range of geodetic works in solving various engineering and technical problems, including linking existing and transferring design objects (structures) into nature during construction, installation, geological exploration and other work.

Carries out the necessary geodetic measurements and maintains field documentation.

Participates in the preparation of relevant sections of projects for geological exploration and other work.

Carries out geodetic control over construction and installation works.

Ensures compliance with established norms and rules, as well as recording and safety of geodetic signs when performing topographic and geodetic work.

Participates in coordination and prepares geodetic materials for registration of land allotments for the construction of facilities.

Prepares initial geodetic data and carries out desk processing of field materials.

Draws up topographic and geodetic maps, plans, diagrams, profiles and other graphic materials.

Performs verification and adjustment of geodetic instruments and instruments, provides them correct operation and storage.

Participates in the planning, organization and liquidation of geodetic work.

Prepares production documentation and reporting.

Ensures and monitors compliance with the rules for recording and storing materials of topographic and geodetic work, legislation in the field of geological study of subsoil, subsoil use, protection of subsoil and the environment, labor protection rules, fire protection when performing topographic and geodetic work.

Supervises surveying technicians and workers during geodetic work.

3. EMPLOYEE RIGHTS

The employee has the right to:

providing him with work stipulated by the employment contract

management of subordinates

workplace that complies with government regulatory requirements labor protection and conditions stipulated by the collective agreement

timely and full payment wages in accordance with your qualifications, complexity of work, quantity and quality of work performed

rest provided by establishing normal working hours, reduced working hours for certain professions and categories of workers, providing weekly days off, non-working days holidays, paid annual leave

complete reliable information about working conditions and labor protection requirements in the workplace

professional training, retraining and advanced training in the manner established Labor Code Russian Federation and others federal laws

association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests

participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement

conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements

protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law

resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws

compensation for damage caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws

mandatory social insurance in cases provided for by federal laws

obtaining materials and documents related to their activities

interaction with other departments of the Employer to resolve operational issues of their professional activities.

4. RESPONSIBILITIES OF AN EMPLOYEE

The employee is obliged:

conscientiously fulfill his labor duties assigned to him by the employment contract and job description

comply with internal labor regulations

observe labor discipline

fulfill established standards labor

comply with occupational health and safety requirements

treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees

immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).

5. EMPLOYEE RESPONSIBILITY

The employee is responsible for:

5.1. Failure to fulfill one's duties.

5.2. Inaccurate information about the status of the work.

5.3. Failure to comply with orders, instructions and instructions of the Employer.

5.4. Violation of safety rules and labor protection instructions, failure to take measures to suppress identified violations of safety rules, fire safety and other rules that pose a threat to the activities of the Employer and its employees.

5.5. Failure to comply with labor discipline.

6. WORKING CONDITIONS

6.1. The Employee’s work schedule is determined in accordance with the internal labor regulations established by the Employer.

6.2. Due to production needs, the Employee is required to go on business trips (including local ones).

6.3. Characteristics of working conditions in the workplace: ____________________.

(If necessary: 6.4. The Employee is familiar with the Employer’s provisions on official and commercial secrets and undertakes not to disclose them.)

7.3. During the period of temporary absence of the Employee, his duties are assigned to _____________________ (position).

8. ASSESSMENT OF THE BUSINESS QUALITIES OF AN EMPLOYEE AND THE RESULTS OF HIS WORK

8.1. The criteria for assessing the Employee’s business qualities are:

qualification

work experience in the specialty

professional competence, expressed in best quality work performed

level of labor discipline

ability to effectively organize work in the assigned area

labor intensity (the ability to cope with a large volume of work in a short time)

ability to work with documents

ability in deadlines master technical means, increasing labor productivity and quality of work

work ethics, communication style

creativity, entrepreneurship

ability for adequate self-esteem

showing initiative in work, performing work of a higher qualification

increase in individual output

rationalization proposals

practical assistance to newly hired employees without securing mentoring with a corresponding order

high work culture at a particular workplace.

8.2. The results of the work and the timeliness of its completion are assessed according to the following criteria:

results achieved by the Employee in performing the duties provided for in the job description and employment contract

quality of finished work

timely performance of job duties

fulfillment of standardized tasks, level of labor productivity.

8.3. Assessment of business qualities and work results is carried out on the basis of objective indicators, the motivated opinion of the immediate supervisor and colleagues.

The job description was developed on the basis of Resolution of the Ministry of Labor of Russia dated December 20, 2002 N 82 “On approval Qualification Handbook positions of managers and specialists of geology and subsoil exploration organizations."

Job description - annex to the employment contract: is this possible?

HR WORKERS ARGUE

THE EXPERT MAKES A PERIOD

To resolve the dispute between our forum members, we first need to find an answer to the question: what are documents such as an employment contract and job description?

Our information

In accordance with the All-Russian Classifier of Management Documentation (approved by Decree of the State Standard of Russia dated December 30, 1993 No. 299), job descriptions are classified as a group of documents for organizational and normative regulation of the activities of an organization or enterprise.

For us, the key word in this definition is agreement, i.e. a document recording the reached agreement of the two parties to the contract - the employee and the employer. The conditions agreed upon by the parties and reflected in this document apply only to the parties to the contract, i.e. a specific employee and a specific employer.

As for the job description, you will not find a definition of this concept in the Labor Code of the Russian Federation. In the theory of law, a job description is usually understood as a local regulatory act that establishes the rights, duties and responsibilities of an employee for a certain position in the structure of the organization as a whole or its structural unit. That is, a job description is a local regulatory act: a document containing labor law norms, which is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, and agreements (Article 8 of the Labor Code of the Russian Federation). The main features of a local regulatory act are that it is adopted, firstly, by the employer unilaterally, and secondly, it applies to all or a certain number of employees of a given employer (Article 13 of the Labor Code of the Russian Federation).

Comparative characteristics of the employment contract and local regulations

However, this position is subject to serious criticism by experts in the field of labor law. And there are several reasons for this.

Reason 1. As the document is accepted, so it is changed

Let us repeat once again: an employment contract is the result of a mutual agreement between the parties. Changing the conditions determined by these parties is also allowed only by their mutual agreement (Article 72 of the Labor Code of the Russian Federation).

The job description is a local normative act and is unilaterally approved by the employer. Accordingly, changes to it can also be made unilaterally by the employer.

However, in the case where the job description is an annex to the employment contract (if this is directly stated in the contract itself), it is subject to all the rules on changing the main document, i.e. the employment contract. It turns out that in such a situation the employer is deprived of the opportunity to make any changes to the employee’s job description unilaterally and must first obtain the employee’s consent to do so. We think you understand the consequences of this.

Reason 2. Job description is not a personal document

As a general rule, a job description - it’s not called a job description for nothing - is developed for a specific position. and not for a specific employee. For example, a lawyer's job description, a secretary's job description, an accountant's job description, etc. And if your company has several secretaries performing the same job duties, they will all have a single job description.

We anticipate your question: what if the responsibilities are different? Yes, this is possible. In this case, the existing differences should be reflected both in the title of the position and the content of the employee’s duties (and, accordingly, in the job description), and in remuneration. And then you will have a job description for the secretary of the general director, a job description for a secretary-typist, a job description for the secretary of the office. All of these employees, who have the word secretary in their job title, have various job responsibilities, which should be recorded in the instructions for these positions.

Reason 3. Job description is primary

With the correct structure of personnel selection work in an organization, the job description is primary in relation to the employment contract. It is logical that a list of duties that an employee will perform for a particular position is first determined, then the qualification requirements for such an employee are determined, and only after that an employee who meets such requirements and is capable of performing the required duties will be selected.

Another argument in favor of the fact that the job description in relation to the employment contract is primary is the employer’s obligation to familiarize the employee with local regulations directly related to his work activity, against signature before signing the employment contract (Part 3 of Article 68 of the Labor Code of the Russian Federation ). Among such documents there should be a job description. In the case where the instruction acts as an annex to the employment contract, this legal requirement will not be met, since the employee will become familiar with his job description at the time of signing the employment contract.

YOU SHOULD KNOW THIS

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement (Part 3 of Article 68 of the Labor Code of the Russian Federation)

According to the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods (approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558, hereinafter referred to as the List), employment contracts with employees of organizations and job descriptions include to different sections of the List. Thus, according to the List, employment contracts refer to documents on personnel support (clause 657 of the List), and job descriptions refer to documents on the organization of the management system (clause 77 of the List). Accordingly, these documents should be stored separately from each other.

We think we have convinced you that it is not advisable to use a job description as an annex to an employment contract.

At the same time, we strongly advise you, every time you hire a new employee, not only familiarize him with the job description against signature, but also give him a copy of it. Moreover, so that the employee cannot subsequently refer to the fact that he forgot his job duties, which he was familiarized with when hiring, it is advisable that he sign for a copy of the job description in hand (perhaps on a copy of the employment contract, which remains with employer).

So whether your company’s job descriptions will be independent documents or appendices to employee employment contracts is up to you to decide. The law allows for both options. However, we still advise you to remember that these are documents of different types, and not to consider the job description as an annex to the employment contract.

Is it possible to familiarize employees with the job description not on the day of hiring, but 2-3 days later? Is it possible to record the signatures of employees in the log of familiarization with local regulations, or is it necessary to put a signature in the job description?

Despite the fact that the Labor Code of the Russian Federation does not contain any mention of a job description, it is an important document, the content of which is not only the employee’s job function, range of job responsibilities, limits of responsibility, but also the qualification requirements for the position held. As noted in the letter of Rostrud dated October 31, 2007 N 4412-6, it can be developed in the form of a local regulatory act, or can act as an annex to an employment contract concluded with a specific employee. In the latter case, such a job description is valid only in relation to the specific employee with whom it is concluded (see also letter of Rostrud dated November 30, 2009 N 3520-6-1).

Job description as a local regulatory act

The right to adopt local acts belongs to the employer (part one of Article 8 of the Labor Code of the Russian Federation). The procedure, timing for the development and approval of such a document, as well as the procedure for making changes to a local regulatory act, are not regulated by labor legislation.

The procedure for familiarizing employees with local regulations of the employer of the Labor Code of the Russian Federation has not been established. The above norms only say that familiarization is carried out against signature. Consequently, the employer can choose any method in which he will have a paper medium (possibly including a journal) with the signature of the employee, indicating that the person signing is familiar with the text of the local regulatory act. It must be taken into account that if the signature is not placed on the instruction itself, but in the relevant journals, familiarization sheets, etc., they must fully indicate the details of this job description.

Job description as an annex to the employment contract

The Labor Code of the Russian Federation does not mention the preparation of annexes to an employment contract and does not regulate the status of these documents. We believe that a job description, if it is an appendix to an employment contract, is an integral part of the employment contract; therefore, the rules on the procedure for concluding and amending an employment contract fully apply to its appendices. According to Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Inchin Denis

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

In accordance with Art. 57 of the Labor Code of the Russian Federation, the labor function must be indicated in the employment contract.
Is it necessary in an employee’s employment contract to duplicate job responsibilities from his job description, or is it sufficient to make a reference to the job description when indicating a job function (for example, “the employee undertakes to personally perform specified work in accordance with the terms of the job description")? Is the job description a mandatory document if the employee’s job function is specified in his employment contract?

Having considered the issue, we came to the following conclusion:
If the employment contract contains an indication that the employee’s job responsibilities are defined in the job description, then the content of the job description in terms of the range of job responsibilities is not required to be duplicated in the employment contract. When listing job responsibilities directly in an employment contract, it is not necessary to have a separate job description for the corresponding position.

There is no reference to the job description in the employment contract, there is only general concepts employee responsibilities. The job description was developed by the employer not for a specific employee, but for the position that this employee occupies. What is the job description in this case (a separate regulatory act or an integral part of the employment contract)? In such cases, how can the employer change or supplement the job description and should he warn the employee about this?

This instruction is a local regulatory act. The right to adopt local acts belongs to the employer (part one of Article 8 of the Labor Code of the Russian Federation). In cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if there is such a representative body).

Currently, there are no regulations that would oblige the employer to take into account the opinion of the representative body of employees when approving job descriptions. The obligation to take into account or coordinate the opinion of the body when adopting job descriptions may be provided for by a collective agreement or agreements (parts two and three of Article 8 of the Labor Code of the Russian Federation).

When concluding an employment contract, the parties to mandatory agree on the employee’s job function, which means work according to the position in accordance with staffing table, profession, specialty indicating qualifications or a specific type of work assigned (Article 15, part one of Article 56, part two of Article 57 of the Labor Code of the Russian Federation). If it is inconvenient to describe the labor function in detail in each contract, then it can make a reference to the job description. Then the instruction becomes part of the employment contract. Accordingly, when changing the instructions, the employer is obliged to conclude a written agreement with the employee (Article 72 of the Labor Code of the Russian Federation, see also the letter of Ros-Labor dated October 31, 2007

No. 4412-6). Otherwise, the new version of the job description does not apply to the employee (see judicial practice By civil cases Supreme Court Republic of Karelia for the second half of 2007 – section “Supervisory practice”, paragraph 3).

A job description, to which there is no reference in the employment contract of a particular employee, cannot determine the labor function of this employee and be used in resolving other issues that, by virtue of part two of Art. 57 of the Labor Code of the Russian Federation must be regulated directly in the employment contract.

Since the rights and obligations provided for in the employment contract are not affected by the job description, the employer has the right to make changes to the instructions without the employee’s consent. After familiarizing the employee with new instructions it applies if it does not contradict the norms of labor legislation and other regulatory legal acts, collective agreements, and agreements. In this order, a new edition of the instructions may, for example, establish an employee’s obligation to undergo professional education and retraining for the benefit of the employer, certification, qualification requirements for newly hired employees, etc.