If an employer wants an employee to perform functions in two professions, then he can include them in the title of one position. We’ll tell you in the article what risks dual positions entail and how to avoid making mistakes.
If an employer wants an employee to perform functions in two professions, then he can include them in the title of one position. To protect yourself from GIT claims, adhere to the following rules. Do not combine the functionality of three or more positions. It will look like the employer is saving on extra pay. Do not combine positions for which the professional standard must be applied. An employer may be fined for arbitrarily naming a position.
Combine no more than two positions into one
The labor function is work according to the position in accordance with the staffing schedule (paragraph 3, part two, article 57 of the Labor Code of the Russian Federation). When an employee performs duties that are broader than those provided for by the professional standard, the personnel officer has a question: is this a combination or not? The law does not give a direct answer. Let's consider the least risky scenario.
Situation. IN staffing table There is a position “driver-cashier-forwarder-courier”. The employee’s labor function includes the duties of a driver, cashier, forwarder and courier.
Risks. Working for four will attract the attention of inspectors - the very wide functionality looks implausible. A double position is justified if, for example, the driver spends a little cash transactions, these functions are periodic in nature and do not imply a full workload during the working day. Reflect dual functionality in employment contract(sample below).
Sample. Employment contract
Precautions. If the labor function nevertheless covers several types of activities, take into account the labor intensity of the work and maintain a reasonable balance. Unless absolutely necessary, do not overload the employment contract and job description with functions from more than two professional standards. Formally, the Labor Code does not prohibit describing the labor function as broadly as possible, but the wider the employee’s functionality, the more difficult it is to ensure operational management by his labor.
Indicate the position in the employment contract in the same way as in the staffing table
If the position has dual functionality, then it must also be reflected in the staffing table. Otherwise, it will turn out that the employee was hired for a position that is not in the staffing table, and this is unlawful (Article 15, paragraph 3, part two, Article 57 of the Labor Code of the Russian Federation, letter of Rostrud dated January 21, 2014 No. PG/13229-6- 1).
- How to fill out and submit reports
Situation. The position listed in the staffing table is “ chief accountant" In the employment contract - “chief accountant-head of the accounting and economics department.”
Risks. If a position is not listed in the staffing table, then the company does not have it. This means that it is impossible to hire an employee for it. The same applies if the title of the position in the employment contract differs from what is written in the staffing table. When checking, inspectors may regard this as a violation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Precautions. The profession, specialty and position in the employment contract must be filled out exactly according to the staffing table. If there are discrepancies, amend the employment contract. By general rule In order to make changes to the employment contract, both parties must agree to this - enter into an additional agreement (Article 72 of the Labor Code of the Russian Federation).
If a professional standard is in the nature of a recommendation, the company is not obliged to apply it. And if the professional standard is mandatory, then the job titles must coincide with those indicated in reference books or professional standards (paragraph 3, part two, article 57, part one, article 195.3 of the Labor Code of the Russian Federation).
Situation. The employee was assigned to manage personnel and labor protection. His position was called HR manager-labor safety specialist.
Risks. The double title of the position contradicts the mandatory professional standard for a specialist in the field of labor protection (approved by order of the Ministry of Labor of Russia dated August 4, 2014 No. 524n). The employer faces a fine for violating labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). And the employee has the right to demand payment for additional responsibilities(Article 151 of the Labor Code of the Russian Federation).
Precautions. Create a combination or part-time job, or eliminate unnecessary responsibilities from job description. Keep in mind that you can only combine positions provided for by the company’s staffing table.
If the combination and part-time option is objectively impossible, then there is another way. Instead of a double position, set the title of the position according to the mandatory professional standard - occupational safety specialist, but in the employment contract, as a labor function, write down what the position serves.
Sample. How to specify the subject of the agreement in an employment contract
You can use a scenario with extended functionality only if the company does not plan to hire employees with the same job title but regular responsibilities. Otherwise, you will create a dangerous situation where positions in the staffing table are named the same, but the salaries are different.
Do not create a double position from two mandatory professional standards
If an employee performs functions that are enshrined in two mandatory professional standards, the employer is obliged to take into account the requirements of two documents (paragraph 3, part two, article 57, part one, article 195.3 of the Labor Code of the Russian Federation). He must check the qualifications of the employee and the name of his position.
Situation. The staffing table of PJSC "Polesie" includes the position of "chief accountant-auditor". During the inspection, the inspector issued an order to divide the positions and rename them as indicated in the professional standards:
- accountant (approved by order of the Ministry of Labor of Russia dated December 22, 2014 No. 1061n);
- auditor (approved by order of the Ministry of Labor of Russia dated October 19, 2015 No. 728n).
Risks. There will be increased attention to mandatory professional standards during inspection. Standards usually do not contain job titles doubled with job titles from other professional standards. This means that you will not be able to comply with the requirements of the law on the compliance of the job title with the professional standard (paragraph 3, part two, article 57 of the Labor Code of the Russian Federation).
Precautions. If it is necessary for one employee to perform duties from different professional standards, we recommend that you abandon the double name and description of functionality, and use only combination or part-time work. At least until the Russian Ministry of Labor and judicial practice form a clear position on this issue.
When hiring an employee for two professions or positions, check the qualifications for each of them. Request from the employee documents on education and vocational training, confirming the right to perform work (paragraph 6 of the first part of Article 65, Article 195.3 of the Labor Code of the Russian Federation).
Check whether the position is indicated in the foreigner’s patent
As a general rule, foreign workers who do not need a visa to enter Russian Federation, must obtain a patent (clause 4 of article 13 of the Law of July 25, 2002 No. 115-FZ). The leadership of a constituent entity of the Russian Federation has the right to decide to indicate a profession or specialty in a patent (paragraph 2, paragraph 16, article 13.3 of Law No. 115-FZ).
Situation. The foreigner’s patent indicates the position “head of department.” He holds a dual position in the company - “department head and director of a separate division.”
Risks. If a single position is recorded in the patent, the foreigner cannot hold a double position (paragraph 2, paragraph 16, article 13.3 of the Law of July 25, 2002 No. 115-FZ). An agreement on part-time work or an employment contract on part-time work will not help to circumvent this norm.
For the fact that a foreigner does not work in the profession specified in the permits, the organization faces a fine of 250,000 to 800,000 rubles or suspension of activities for 14-90 days (Part 1 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation). And if the offense was committed in Moscow or St. Petersburg - up to 1,000,000 rubles (Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
Precautions. If you employ foreign workers on the basis of a patent or work permit, check whether the position is registered in permit document. If indicated, then do not experiment with double job titles and descriptions of functionality in personnel documents.
The title “marketing translator” is a double job title.
Conditions for establishing a double name:
− presence of the components of this name (derived name) of the position in the National Classifier of the Republic of Belarus “Professions of workers and positions of employees”, approved by Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated October 22, 2009 No. 125 (hereinafter - OKPD) (for example, deputy head of department - head of department );
− the duties assigned to the employee for each position must be related in content, equal in complexity and level of qualifications of the employee (clause 4 General provisions The Unified Qualification Directory of Employee Positions approved by Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated January 2, 2012 No. 1 (hereinafter referred to as the General Provisions)).
Related positions mean related nature of the labor function for positions that form a double title. Positions of equal complexity mean the same degree of complexity of the work function for positions that form a double title.
Taking this into account, double titles are allowed for positions of the same categories(specialists of the highest qualification level) or one management level(heads of structural divisions).
In particular, a double title is not established for positions whose job responsibilities differ in nature or belong to different categories. For example, “head of department - economist.”
Also, double titles with positions belonging to different categories are not established. For example, “technical engineer”.
In this case, the job titles “marketer” and “translator” are provided for by the OKPD. In addition, they can be considered related in content (analytical nature of job responsibilities) and equal in complexity (belong to the category of specialists of the highest level of qualification).
However, as practice shows, it is not advisable to use double titles for specialist positions in all cases. Thus, the consequence of establishing a double name may be problems associated with determining qualification requirements when hiring, when assigning qualification categories, calculation of work experience in the specialty, etc.
For reference. For the positions of “marketer” and “translator”, there are different levels and areas of education. qualification requirements(marketing: higher professional (economic or engineering-economic) education. Translator: higher professional education).
In practice, double job titles are used mainly for the positions of heads of structural divisions and their deputies.
is a document that must be kept in full compliance with regulations and laws. If the responsible person has doubts regarding the maintenance of this document, one should refer to the legislation and established practice. One controversial issue is dual positions. Is it possible to include them in the staffing table? Let's look at it in this article.
What are dual positions?
Dual positions can mean different things. Let's list all the readings. A dual position can be understood as combining two specialties into one. For example, a marketing designer.
A double position can be understood as the names of specialties with different salaries and job responsibilities. For example, the staffing table contains the same position - designer. Two positions are needed to introduce different salaries and job functions.
Is it possible to establish double positions?
Is it possible to indicate a dual position of “designer-marketer” in the staffing table? The names of specialties must comply with reference books or standards. The basis is Article 195 of the Labor Code of the Russian Federation. If an employee combines two positions, the name is established according to the following principles:
- According to the position in which the employee will primarily perform the work. For example, a person works primarily as a designer, but sometimes he solves marketing problems. In this case, it is recommended to indicate the position “designer” in the staffing table.
- You can make the name double. However, this option is only possible when the components of the double name are in the OKPD. For example, you can include the position of “methodologist specialist” in the schedule.
The second option is quite controversial. Its main condition is that positions must be related in their content, complexity, and the required level of professionalism of the employee. If there are significant differences, the double name cannot be included in the staffing table.
Can two identical positions appear on the schedule?
Is it possible to record in the schedule two identical positions with different salaries and lists of responsibilities? No, this option is not legal. The corresponding conclusion can be drawn from the Court Decision of the Komi Republic No. 3-70/2010 of December 17, 2010. It states that the employee's salary must correspond to his classification. Both the salary and classification must correspond to the position.
From all this we can conclude that employees with similar positions should have a similar official salary. From the same Decision it can be concluded that different payment can be installed for employees with different qualifications.
That is, it is theoretically possible to establish two positions with different pay and qualifications. But in practice everything is different. The staffing table cannot somehow indicate differences in qualifications. Therefore, there should be no double positions in this schedule.
Alternative point of view
Some experts believe that the law does not limit the use of dual positions. These may be specialties with similar content. For example, accountant-cashier, driver-mechanic. The first specialist works with finances, the second one drives a car and repairs it.
The employer is obliged to provide the worker with work in the direction specified in the employment contract (Article 56 of the Labor Code of the Russian Federation). The employee’s labor function must be recorded in documents. It means work according to a position based on the staffing table and specialty (Articles 15 and 57 of the Labor Code of the Russian Federation).
Job titles are established on the basis of qualification directories. In this case, it is necessary to take into account the work that the employee actually performs. If a specialist performs the functions of various positions, when establishing a name, the profession in which the person is primarily engaged is taken. Otherwise, it turns out that the employee combines several positions. Therefore, you will have to register either a combination or a part-time job.
At the same time, it must be taken into account that the use of qualification reference books is mandatory only in these cases:
- Work in the specialty is accompanied by the receipt of benefits and compensation (Article 57 of the Labor Code of the Russian Federation).
- There is tariffication of activities, assignment tariff categories(Article 143 of the Labor Code of the Russian Federation).
In other cases, the company may introduce positions that are not in the directories. The employer can approve the name of the place independently.
The possibility of establishing dual positions is indirectly given by the Classifier of Occupations OK 010-2014 and the Directory established by Resolution of the Ministry of Labor No. 37 of August 21, 1998. These regulations have dual positions. For example, this is a plumber, electrical engineer.
That is, the employer has 2 options to choose from:
- Registration of a double position.
- The introduction of two positions at once, which the worker will hold part-time.
But there is an exception, stated earlier. These are specialties that provide benefits.
What to do if an employee combines two positions
If an employee combines two positions, it is not necessary to make a double entry in the schedule. It is possible to implement these options:
- Combination of two specialties on the basis of Article 60.2 of the Labor Code of the Russian Federation.
- Internal part-time work on the basis of Article 60.1 of the Labor Code of the Russian Federation.
- Increasing service areas based on Part 2 of Article 60.2 of the Labor Code of the Russian Federation.
- Conclusion of a civil agreement for the provision of services.
Which option from the above would be the most optimal? Everything is determined by specifics extra work, its regularity. For example, if an employee is given one short-term task, it is not necessary to formalize this.
Responsibility for dual positions
Responsibility for errors in the staffing table is imposed on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. It regulates violations of labor laws, including scheduling standards. Involves these penalties:
- 2,000-5,000 rub. for officials.
- 2,000-5,000 rub. for individual entrepreneurs.
- 50,000-80,000 rub. for YUL.
However, there is a very minimal risk of holding the employer liable. The possibility of adding dual positions to the schedule is a controversial issue. Sometimes you can do this, and sometimes you can’t. In any case, the presence of a double entry is not a critical error.
Does the bus driver have the right or obligation, in addition to driving the bus, to additionally (“in addition”) carry out routine repairs of the bus, major renovation, change wheels, etc. What documents are needed?
Answer
Obliged if his instructions so provide.
The employee has the right to perform additional features, if you document the combination or make changes to the employment contract in terms of expanding responsibilities. This can only be done with the consent of the employee (Labor Code of the Russian Federation).
For information on how to formalize amendments to an employment contract, see Recommendation:.
For information on how to arrange the combination, see below.
The rationale for this position is given below in the materials of the “Lawyer System” and in the materials of the “Personnel System” .
1. Situation: Is it possible to assign a dual position to an employee? For example, accountant-cashier, driver-mechanic
“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 job function (). In this case, the labor function means “work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications, the specific type of work entrusted to the employee” (Article and Labor Code of the Russian Federation).
The names of professions (positions) must be established in strict accordance with qualification reference books, taking into account the actual work performed. If an employee performs work different professions(in different positions), then the name of the profession (position) is established according to the main job, taking into account the greatest specific gravity the work he performs. This is stated in the appendices. Otherwise (if a double position is established), the employee performs two jobs under the contract. labor functions, and this must be formalized either as a combination or a part-time job.
At the same time, these reference books should only be used:
- when, in accordance with the law, the provision of compensation and benefits or restrictions is associated with the performance of work in certain positions, professions, specialties ();
- when pricing work and assigning tariff categories to employees ().
In all other cases, organizations have the right to introduce into their staffing tables positions whose names are not included in qualification reference books. Moreover, the employer has the right to establish the title of the position and the responsibilities of the position in such cases independently. Moreover, in , approved , and , approved , there are still a number of double positions. For example, a plumber, a toolmaker, an instructor-methodologist, a mechanical engineer, a chemical engineer, an electrical engineer, etc.
In the current circumstances, each organization makes its own decision: create a double position or introduce two positions that the employee will combine or hold part-time*. An exception is made for employees whose work involves benefits or restrictions. Their position (profession) should be indicated in strict accordance with the reference book.”
« Question from practice: how to formalize work that is not included in job responsibilities employee
Work that is not part of the employee’s job responsibilities can be completed in one of four ways:
- as a combination of professions (positions) ();
- as internal combination();
- as an expansion of service areas or an increase in the volume of work performed ();
- concluding a civil contract for the provision of services (performance of work)*.
The choice of option depends on the nature of the additional work and the frequency with which the employee must perform it. If an employee will have to do a new job for him for a certain time, then it is better to arrange an internal part-time or combination job.
At internal part-time job the employee performs additional work in his free time from his main job (and the Labor Code of the Russian Federation). To do this, the employer enters into a separate employment contract with the employee ().
When combining professions, an employee does additional work during his regular working day. In this case, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in Article 60.2 Labor Code RF.
By expanding service areas and increasing the volume of work performed, we mean performing, along with one’s main work stipulated by an employment contract, an additional volume of work in the same profession or position ().
In this case, the assignment of additional work to an employee for additional payment should be formalized by the employee and the employer signing an additional agreement to the employment contract, which will determine both the content and volume and duration of future work, as well as additional payment for its implementation (Article , Labor Code of the Russian Federation).
Based on the additional agreement to the employment contract, issue an order in any form to assign the employee the appropriate work and establish additional payment. Submit a copy of the order to the accounting department for calculation and payment of additional payments to the employee.
Information on combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without release from work specified in the employment contract, in work book and there is no need to enter the employee’s personal card (, p., Rules, approved, Instructions, approved).
If the work is one-time and is not repeated for some time, and the employer is interested in the result, not the process, then it is better to conclude a civil contract. For more information about this agreement, see How to conclude a civil contract for the performance of work (provision of services) with a citizen.
Question from practice: Is it necessary to draw up an additional agreement to the employment contract each time or is it enough to conclude once if the employee’s workload periodically increases
An additional agreement must be drawn up for each case of an increase in the scope of work.
An increase in the volume of work performed means performing, along with one’s main work stipulated by an employment contract, an additional volume of work in the same profession or position (). At the same time, it is necessary to distinguish an increase in the volume of work from temporary performance of duties in another position (profession, specialty), when the employee’s work function partially (or completely) changes. Such work cannot be recognized as an increase in the volume of work. With a temporary increase in the volume of work, the employee, due to the intensity of work, increases the volume of output (services provided, work performed, etc.), and the intensive work itself is temporary.
To formalize an increase in the scope of work, it is necessary to conclude an additional agreement to the employment contract. Such an agreement determines not only the content, volume, amount of additional payment for the established increase, but also the period of future work (Article, Labor Code of the Russian Federation). Therefore, it is necessary to draw up an additional agreement to the employment contract every time there is a need to increase the employee’s workload.
Question from practice: What is the maximum period for which a combination can be established?
The Labor Code of the Russian Federation does not establish the maximum duration of the combination period (). Therefore, the parties have the right to establish combination for any period determined by them independently.
The combination period can be specified:
- specific date;
- event: “before the main employee returns to work.”
If the combination is established for an employee with a fixed-term employment contract, then in order to avoid controversial situation and recognition of the contract indefinite period combination should not exceed the term of the employment contract itself, and it is better to immediately fix it in the agreement on combination. Otherwise, the employer will have to monitor the deadline additionally in order to warn the employee about the termination of the combination no later than three days before the end of the fixed-term employment contract ().
Limitation on combined positions
161.70058 (10,12,16)
Can an employee combine positions of the same name?
An employee cannot combine positions and professions of the same name. Combination means additional work in another profession or position. This differs from the temporary performance of the duties of an absent employee. When performing temporary duties, an employee can perform duties for both the same and different positions. This follows from the provisions of Article 60.2 of the Labor Code of the Russian Federation.
In addition, restrictions on combining positions are provided for the head of the organization. Namely:
- the manager should not be a member of the bodies exercising control and supervision functions in this organization. That is, he cannot combine the duties of an auditor, auditor, etc.;
- the manager cannot combine the position of chief accountant. This restriction does not apply to small and medium-sized enterprises, provided that they do not belong to credit organizations. The head of a credit institution is prohibited from holding the position of chief accountant in all cases.
This procedure is provided for in Article 276 of the Labor Code of the Russian Federation, as well as Law of December 6, 2011 No. 402-FZ.
Registration of a combination for an already working employee
How to establish a combination of professions (positions) for an already working employee
If the combination is established for an employee already working in the organization, be sure to obtain his consent to the combination (). Document the consent of the parties in the form of an additional agreement to the employment contract (). Please indicate in it:
- the work (position) that the employee will perform additionally, its content and volume;
- the period during which the employee will perform additional work;
- amount of additional payment for combining professions (positions).
Such requirements for registration of combinations are provided for in Article 60.2 of the Labor Code of the Russian Federation.
Based on the concluded agreement, issue a combination order. There is no standard form for the document, so compose it in any form*.
Entry into the work book
Question from practice: Is it necessary to enter information about the combination into the employee’s work book?
No, it's not necessary*.
In the work book, the employer enters information about the employee, his main job, transfers to another permanent job, about dismissal, as well as information about awards (, Rules, approved, approved), does not provide for the registration of records of combination.
Thus, there is no need to make an entry about the combination in the work book.
Additional payment for combination
How to pay for a combination
When combining professions (positions), the employee is entitled to an additional payment in addition to his earnings.
Cancel Registration
How to undo a combination
The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule. ABOUT early termination for part-time work, the employee must be notified in writing no later than three working days in advance. If an employee wants to refuse to perform additional work early, he must also notify the employer three working days in advance by submitting a written application. This procedure is provided for in Article 60.2 of the Labor Code of the Russian Federation.
Regardless of who initiated the termination of additional work based on the notification issued or the application received from the employee, issue an order to cancel the combination. There is no standard form for the order, so compose it in any form. The order will confirm that both parties are aware of the cancellation of the combination and will fix its date, as well as inform all interested parties about this change. In particular, the order will become the basis for the accounting department to stop payments for combinations.
It is possible, but not necessary, to conclude a separate additional agreement to the employment contract to cancel the combination. In this case, the parties do not agree on anything. Cancellation occurs unilaterally by notification without the need to obtain the consent of the other party. A similar approach is applied in the event of dismissal. The parties enter into an agreement to the employment contract upon dismissal only if it is necessary to stipulate special conditions termination, such as a special period of dismissal or payment additional compensation. If an employee notifies of dismissal (cessation of work) general procedure two weeks in advance and the employer does not plan to negotiate special conditions, then based on the application, an organizational order for dismissal is issued without drawing up any additional agreements.”
Professional help system for lawyers, in which you will find the answer to any, even the most complex question.
Answer to the question:
As a general rule, the employer determines job titles at his own discretion..
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How not to make mistakes in the five main columns of the staffing table.
There is also no law prohibiting the indication of double positions in the staffing table (through a dash) (for more information on this, see paragraph 2 of the additional materials).
But if with the performance of work in certain positions or professions labor legislation binds the provision of compensation and benefits ( early retirement, additional leave) or establishes any restrictions, then the names of such positions and professions must correspond qualification reference books, professional standards . The specified compliance must be observed both in the employment contract with the employee, where his position will be indicated (performing work in the profession), and in the organization’s staffing table. This is stated in Art. 57 Labor Code of the Russian Federation.
This rule applies to:
1. Employees who work in harmful conditions labor;
2. Pedagogical, medical workers, “northern” employees and others who have the right to a preferential pension: ;
3. Any other employees, if in accordance with the Labor Code of the Russian Federation, other federal laws with the performance of work according to certain positions, professions, specialties related to the provision of compensation and benefits or the presence of restrictions.
It should be noted that arbitrary job titles can create certain difficulties for any organization. According to Federal law dated December 28, 2013 N 426-FZ “On a special assessment of working conditions”, each organization is obliged to conduct a special assessment of the working conditions of its employees. This applies to all organizations, regardless of their type, legal form, or form of ownership. When conducting a special assessment, it will be necessary to reflect not only the name of the position, but also its code according to All-Russian classifier species economic activity(Clause 2 of Article 18 of the Law), and if the position is not provided for by any of the CSA, then fulfill this requirement It will be difficult for you. Based on the recommendation of the organization conducting the special assessment of working conditions, it is likely that the relevant position will have to be renamed.
Neither the qualification directories, nor the job classifier, nor the professional standards contain such a position as “Chief designer-head of department”.
Under the circumstances under consideration, taking into account official position It seems that it would be more correct from a legal point of view to designate the chief designer as the head of the department.
But in practice, if the organization has some structural unit(for example, a department), then it must have a manager. The chief designer can also supervise (carry out general management of a department or departments).
Details in the materials of the Personnel System:
1. Situation: How to indicate the names of positions and professions when drawing up the staffing table
When preparing the staffing table, the employer can use a form approved by, or. IN specified form you need to enter the names of positions (specialties, professions) for the organization’s staffing units. As a general rule, positions are reserved for employees who are primarily involved in mental labor: management, collection, analysis, processing of information (for example, deputy head of a production department, head of a department). In turn, the concept of “profession” largely refers to employees engaged in production process, physical labor (builders, electricians, mechanics).
The employer, as a rule, determines the names of positions and professions at his own discretion. For example, the position of the head of an organization may be listed in the staffing table as director, general manager, company president, etc.
However, if labor legislation relates to the performance of work in certain positions or professions the provision of compensation and benefits (early retirement, additional leave) or establishes any restrictions, then the names of such positions and professions must comply with the relevant provisions. The specified compliance must be observed both with the employee, where his position will be indicated (performing work by profession), and in the organization’s staffing table. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Speaking about qualification reference books, first of all you need to use the following:
- , approved ;
- , approved ;
- , approved ;
- unified tariff and qualification directories of works and professions of workers by industry.
In addition to the above documents, organizations should also be guided by:
- , work in which gives the right to additional leave and a reduced working day, approved;
- , giving the right to preferential pension provision, approved.
Nina Kovyazina,
Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health
2. Situation: Is it possible to assign a dual position to an employee? For example, accountant-cashier, driver-mechanic
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 job function (). In this case, the labor function means “work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications, the specific type of work entrusted to the employee” (Article and Labor Code of the Russian Federation).
The names of professions (positions) must be established in strict accordance with qualification reference books, taking into account the actual work performed. If an employee performs work in different professions (in different positions), then the name of the profession (position) is determined by the main job, taking into account the largest share of the work he performs. This is stated in the appendices. Otherwise (if a double position is established), the employee performs two labor functions under the contract, and this must be formalized either or.
At the same time, these reference books should only be used:
- when, in accordance with the law, the provision of compensation and benefits or restrictions is associated with the performance of work in certain positions, professions, specialties ();
- when pricing work and assigning tariff categories to employees ().
In all other cases, organizations have the right to introduce into their staffing tables positions whose names are not in the qualification directories. Moreover, the employer has the right to establish the title of the position and the responsibilities of the position in such cases independently. Moreover, in , approved , and , approved , there are still a number of double positions. For example, a plumber, a toolmaker, an instructor-methodologist, a mechanical engineer, a chemical engineer, an electrical engineer, etc.
In the current circumstances, each organization makes its own decision: to create a double position or introduce two positions that the employee will combine or hold part-time. An exception is made for employees whose work involves benefits or restrictions. Their position (profession) should be indicated in strict accordance with the directory.
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