The employer may need to rename the position to staffing table in many cases, and at the same time he must follow the procedure established by law. The required steps and procedures may vary depending on a number of circumstances - for example, if a job title is being renamed with a change labor function or without it. But in addition to this, each party to the employment contract should take into account other nuances associated with the renaming of a position, for example, the mandatory recording of changes not only in the staffing table, but also in work book employee, as well as in the employment contract.
Is it possible to rename a position in the staffing table - norms of the Labor Code of the Russian Federation
It is a document mandatory for use in almost all business entities that carry out labor relations with employees. It provides not only fixation of the direct number of employees of the enterprise, but also regulates the positions of employees, the payment system and other features of their labor activity. At the same time, the hiring of new employees and other personnel procedures must be carried out exclusively in accordance with the current staffing table.
Resolution of the State Statistics Committee of the Russian Federation No. 1 dated January 05, 2004 enshrines the T-3 staffing form in its regulations. This form was mandatory for use by all business entities until 2013, but current moment the form of the document is free and enterprises have the opportunity to independently choose the format for maintaining this documentation, provided that it contains all the information required to be indicated in the T-3 form.
The mandatory nature of the staffing table is not directly enshrined in the regulations labor legislation directly. Indirectly, the need for its presence is indicated by the provisions of Articles 15 and 57 of the Labor Code of the Russian Federation, as well as the standards of current legislation in matters of maintaining work records. The only business entities that can exclude the use of staffing from their employer responsibilities are micro-enterprises.
Accordingly, given the importance of this document and its legal significance, the renaming of the position in the staffing table should be displayed first. At the same time this requirement This also applies to situations where a change in job title practically does not change the employee’s real labor function, but simply affects the very name of the job, profession or skill level.
Grounds for renaming a position in the staffing table
Almost any enterprise strives for development, and one of the elements of development is a change in staffing. You can read in more detail about the reasons for changing the staffing table; here, first of all, the procedure for renaming positions while maintaining the labor function or changing it will be considered. Changing the title of a position in the staffing table can be done for various purposes, which include:
The employer can meet the employee halfway and rename the position to a more prestigious one to improve labor history and the corresponding entry in work books.
Optimization personnel policy may also include the merger of certain positions or, conversely, their division, which may also entail their renaming.
The employer may find other reasons for renaming positions at the enterprise. Carrying out this procedure is his right, and it will not be mandatory in every situation.
Procedure for renaming a position in the staffing table
Current legislation provides for compliance with a certain procedure when renaming a position in the staffing table. Like any other local regulatory act affecting job responsibilities workers and the remuneration system, in accordance with the provisions of Article 372 of the Labor Code of the Russian Federation, the staffing table can only be changed upon notification of the primary body representing the interests of workers, which is most often a trade union organization. The representative body of employees has the right to make comments to the employer and propose changes, but the employer is not obliged to forcibly accept these amendments or restrictions.
It is recommended that the employer also attach to the draft changes to the staffing table and an explanation of its actions. This procedure is not mandatory, but can subsequently be carried out if labor disputes confirm his correctness both in court and in pre-trial order. In general, the procedure for renaming a position in the staffing table after notifying a trade union or other body representing the interests of employees may look like this:
The employer should take into account certain nuances depending on how exactly the position will be renamed and what consequences it will entail.
If an employee is against making changes, including renaming a position, regardless of the circumstances in which they occur, then he has the right to demand a transfer from the employer. The employer is obliged to offer such an employee other vacancies that suit his qualifications, including those with lower pay, and if he refuses to take them or in their absence, he has the right to dismiss the employee who does not agree to rename the position.
If an enterprise renames a position in the staffing table without changing the employee’s job function, the remuneration system and its size, job responsibilities and place of work, then the employer can do without documentation employee transfer. He can also avoid the obligation to notify trade union organization, since in this situation the rights of the employee cannot be violated in any way, because neither payment nor job responsibilities do not change.
In any case, the employer must notify the employee and carry out all other necessary procedural procedures.
There are many professions with obvious names: no one will have any questions about what to call an accountant, director or salesperson in the staff list. But it also happens differently: there is functionality, a list of responsibilities, but it is not clear what to name the employee who will perform them. And does it matter? Why not call the cleaner a cleaning manager?
Whatever the reasons for which it is necessary to change the name, first of all you need to decide whether the employee’s functionality is changing - the algorithm of actions for these two situations will differ.
Let's remember two important rules when the name needs to be approached with special attention:
- The law provides for benefits and compensation (see Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10) - example 1.
- There are restrictions (for example, Article 265 of the Labor Code of the Russian Federation, as well as Decree of the Government of the Russian Federation of February 25, 2000 No. 163) - example 2.
In addition, sometimes it is necessary to rename due to changes in qualification reference books (previously it was “occupational safety engineer”, now it is “occupational safety specialist”).
Example 1. If a miner involved in surveying work is simply called a worker, Pension fund will not count the period of his work as a preferential period for the appointment early retirement. It is necessary that the name corresponds to that specified in the Unified qualification directory and lists approved by the Cabinet of Ministers.
Example 2. If you hire a minor as a loader, the labor inspectorate may have questions (a 17-year-old teenager should not lift more than 4 kg), which means it is better to name the position not “loader”, but, for example, “logistics department employee” .
Renaming a position without changing functions
In this case, the algorithm of actions is as follows:
- Get the employee to sign an additional agreement to amend the employment contract with the following content: “State clause 1.1 of the employment contract as follows: “The Employer accepts the Employee for the position ____________.”
- Prepare an order to rename the position to .
- Make an entry in your work book: “The position has been renamed based on the employer’s order to amend the staffing table dated __.__.____.”
- Make changes to your personal card (Form T-2).
Renaming a position with a change in functionality
The need for such adjustments may arise for various reasons:
- “vertical” movement of an employee, that is, promotion;
- “horizontal” movement, when an employee begins to perform another job, but at the same level of the company hierarchy;
- the need to take into account the restrictions required by law (as in Example 2: a minor needs not only to change the title of the position, but also to correct the job description).
In all these cases, not just cosmetic changes occur - it is a translation into new job, which must be formalized accordingly (as required by Article 72 of the Labor Code of the Russian Federation).
The algorithm of actions is similar to the first case, but the content of the documents will be different.
- Signing an additional agreement on transfer to a new job.
- Issuance of the act “On the transfer of an employee to another job” (form T-5).
- Making adjustments to the work book and personal card (form T-2).
In this case, the act must indicate:
- Full name of the employee;
- term of transfer (permanently or temporarily);
- information about the old place of work (structural unit, position);
- reason for transfer;
- information about the new place of work, including the new salary;
- grounds (link to additional agreement to employment contract);
Please note: there is no need to change the staffing table in this case.
Order for transfer to another job, form T-5
Order on introducing a position into the staffing table
A situation is possible when new position simply not (as, for example, in the case of an occupational safety engineer). In this case, you need to rename the employee “occupational safety specialist,” but first create such a position, that is, change the staffing table.
Order to remove a position from the staff list
Sometimes it becomes necessary to eliminate a position altogether. For example, continuing the case discussed above, Order of the Ministry of Social Development No. 559n abolished the position of “labor safety engineer”. Therefore, it is necessary to remove it by issuing an Order to exclude positions from the staffing table. Or you can combine two operations by issuing one general order (excluding one and introducing another). Don't forget to make an entry in .
An enterprise is a living organism, and therefore needs adjustments to its schedule and work schedule. A document such as a staffing table is no exception. The need to amend it (rename a position, add or reduce) is due to a number of reasons: reorganization of the structure, change in the wage fund, modernization or decline in production. There is a procedure for this and standard samples orders.
Staffing is the basis of the enterprise's activities
It is the introduction of changes to the staffing table that is the starting point for implementing specific changes in the enterprise. We are talking not only about changes in the work schedule, because with any changes in the system it is very important to take into account the productivity and performance of employees - these indicators should not be lower than previous ones for the same period.
The company's management can avoid unpleasant situations, in particular labor disputes, claims from regulatory authorities, if they take responsibility for the process of registering changes in the staff.
When the staffing table changes, a corresponding order is issued.
On what grounds are staffing changes changed?
Changes to the staffing table are made in the following cases:
- Transformation (modification) of the company, which requires the elimination of certain positions or the introduction of new ones.
- Reducing the scale of activity when there is a need to reduce the number of full-time employees.
- Business development, which entails the recruitment of new employees.
- Upgrade or downgrade fund wages.
- Reorganization processes at the enterprise.
- Correction of job titles.
This list is not limited to the cases presented, but these are the ones that occur most often in practice.
Are there exceptions and limitations by law?
Presented Labor Code regulatory requirements address the reasons why the quality and quantity of staff may change.
As for restrictions, if they do not contradict the basic requirements of the statutory documents of the enterprise (type of activity, scope of production of goods or provision of services, manufacturing technology, etc.), each enterprise has the right to make any adjustments and changes in terms of the current situation.
Who should draw up the staffing schedule and make changes?
The legislation does not clearly indicate who should be responsible for staffing. One way or another, everyone can participate in staffing. Even ordinary employees have the right to file petitions regarding the need to abolish and introduce rates, or transfer to another position. Technically, the staffing table is drawn up by the person to whom management has assigned such responsibility. Usually this is a personnel officer, economist or accountant. IN small businesses The founder himself is in charge of staffing.
How to make changes to the staffing schedule correctly
The procedure and execution of the order will differ slightly depending on the reason for the changes being made.
Increase and decrease in salary
The primary basis for bringing an increase in the salaries of company employees into the legal field is the issuance of an appropriate order, which must indicate:
- List of positions for which salary increases will be made.
- New salary amounts (specifically for each position).
- The exact date of the changes.
Both parties to the labor relationship sign an agreement to the employment contract regarding the salary increase, on the basis of which an order is issued. Many managers use a unified form, but labor legislation allows this document to be drawn up in a free form acceptable to of this enterprise, taking into account its specifics.
All issues related to payment are one of the foundations of labor relations. The employer must attach importance to this, especially in terms of complying with legal requirements. Based on this, after documenting the increase in employee salaries, appropriate adjustments should be made to the employment contract. Those affected by the changes must be familiar with the order, confirming this with their signature.
In the case of a salary reduction, of course, the relationship between the subjects becomes much more complicated. It may be legal to reduce pay without the consent of the employee in cases caused by specific technological or economic reasons. Although this is not a consoling factor for the employee subject to redundancy.
There are often cases when the manager behaves incorrectly, proposing in a coercive tone to conclude an additional employment contract to reduce the salary. Moreover, he does this by exceeding his authority and taking advantage of his official position. If the employee does not agree, the manager allows himself to threaten worsening working conditions or even dismissal. Such cases are clearly regarded as a violation of labor laws and, naturally, are grounds for filing a lawsuit. Such moments aggravate labor disputes and reach a level where it is impossible to cope with them in any other way.
Company reorganization and staff optimization: entry, exit and replacement of positions
During the reorganization period, new positions are introduced into the staffing table and those that are not of interest to the enterprise are excluded. With new positions, the question is clear, because there are currently enough people willing to take them. But with workers who have been laid off or laid off, everything is much more complicated.
Reduction of staff and liquidation of departments
The administration of the enterprise is obliged to prepare a memo about the upcoming reduction two months before the event. The dismissed employee is paid severance pay- average monthly earnings for two months from the date of termination of employment.
In the order to reduce the number labor collective You must provide the following information:
- List of positions being eliminated.
- Exact date of reduction.
Very important point, which employers must take into account, are the categories of employees that are not subject to reduction.
When renaming positions, the manager must also notify the employee in writing 2 months before the changes are made (Article 74 of the Labor Code of the Russian Federation).
The presence of vacancies is the most painless way out of layoffs, because the employer will not have to experience unnecessary negative emotions when he is forced to deprive a person of work. If unfilled positions are subject to reduction, an act is drawn up on the basis of which changes are made.
Video: legal advice on dismissal due to redundancy; categories of persons who cannot be laid off
Introduction of new staffing units and departments
The order on the introduction of new positions contains the following information:
- Job title. If an entire department is entered, its name and a list of positions are indicated.
- The exact date of entry into force of the changes.
In this case, the moment of issuing the order coincides with the moment of regular innovations. This is possible because these changes do not affect the fate of the company’s employees. First of all, HR officers who will be involved in developing job descriptions are introduced to innovations.
Procedure for renaming a position
A new job title often occurs in the field of labor relations, production and administrative processes. For example, we can recall that in the recent past, the position of merchandiser was a very common position in trade. Nowadays this interpretation is unlikely to remain; it has been replaced by the concept of “manager”.
So, when renaming a position, the change occurs, as they say, without unnecessary movements. An order is issued on the same principle as when introducing a new staffing position, with the only difference being that the document must indicate the previous job title and then the new one.
In a situation where an employee works in a position, the name change is carried out with his knowledge and consent. An experienced leader will always find a common language with his subordinates and will be able to clearly explain the reason for the changes and give a thorough argument. If transformations are caused by serious technological and organizational factors, the employer has the right to make changes even without the consent of the employee (Article 74 of the Labor Code of the Russian Federation). Next, both parties sign an agreement regarding modification of the job title. After this, an appropriate order is issued. The personnel officer enters information into the employee’s personal card and work book.
Methodology for making changes to the staffing table
Before making changes, the head of the department or other structural unit prepares a memorandum with detailed justification and economic calculations addressed to the head of the company.
Rules for drawing up an order
The order is issued on the basis of Art. 74 of the Labor Code of the Russian Federation, as a rule, it is called “On amendments to the staffing table” or “On partial ...”. The ascertaining part is filled with arguments at the level of a given enterprise, and the nuances of the changes are clarified.
On letterhead the leader issues an order. The text of this document consists of two parts: statements and orders. First part - legal basis and the reason, the second - specific changes indicating the deadlines and those responsible for implementation.
If the company is complex structure with a large staff, job titles may be repetitive. Therefore, the order must indicate not only the position, but also the specific structural unit.
Employee Notification
The contents of the document order must be communicated to all staff members affected by the innovations. They must read it carefully, take note and sign on the back.
If an employee needs an extract from the schedule, it is issued on the basis of Art. 62 Labor Code of the Russian Federation. The statement contains information about payments for a specific position. Guided by Art. 88 of the Labor Code of the Russian Federation, information about the salaries of other employees is not indicated in the extract.
In what cases is it necessary to approve a new schedule?
In case of partial, minor corrections, changes are made to individual columns of the current document. With significant modifications, it becomes necessary to develop a new staff schedule.
Typically, the staffing table is drawn up for a period of one year. If you need to rename a position or introduce a new one in the middle of the year, changes are made to the staffing table by order. The number of repeated changes is not limited by law. And it will be possible to draw up a new staffing table for next year.
Justification for changes: memo
The management of the enterprise is preparing service letter, addressed to employees. It contains respectful language and a detailed explanation of the need for changes, especially when it comes to downsizing. The note offers options for dealing with the situation. This could be an offer to take another position.
If the upcoming reduction is caused by serious technological circumstances, the employer has the right to reduce the position without the employee’s consent. However, this fact does not exclude the requirement that the manager write memo. In this case, he must show respect and tact, especially towards employees who conscientiously performed their duties. There is a human factor here when an employee suffers moral injury due to loss of work. It is the manifestation of delicacy that will not allow aggravation of a person’s already difficult situation, and therefore will not cause protest in him and will not force him to take the extreme step of filing a lawsuit.
Changes to the staffing table must first of all be justified. Information must be brought to the knowledge of employees, and the person entrusted with the responsibility for performing control must report on the results of the work done. The employer must have the basics of legal literacy and avoid unnecessary labor disputes, because there are more vulnerable categories of workers who are insured against being included in the redundancy list.
The staffing table is the main document of any organization, which determines its structural component, as well as the level of earnings for each vacancy. This standard can be corrected in two ways:
- issuance of an order with amendments;
- compilation new edition main document.
The last method is relevant in cases where the changes made are large-scale. The legislation does not limit the time frame when a new regulation can be issued.
Notification of staffing changes
Notification of changes to the staffing table is sent to employees in the following cases:
- when establishing a new salary;
- to rename a position or structural unit, the latter is relevant if it is specified in the employment contract;
- when transferring to another vacancy;
- when staffing is reduced.
There are also other cases where adjustments need to be made to those positions that are specified in the employment contract. Notification is provided when corrections affect employees. If there are none, then no one needs to be notified about making adjustments.
Do I need to approve the staffing table every year if there are no changes?
A separate issue is the frequency of amendments to this document. The legislation does not prescribe any restrictions in this regard. That is, you can change the document on the structure of the enterprise as many times as these actions become necessary. The main condition is compliance with the design.
Most often, the procedure for drawing up the main document provides for its approval for each year. The question arises whether it needs to be changed if there are no changes. Since the annual renewal of the document is a recommendation, there are no regulations on the mandatory nature of this procedure. That is, if there are no changes, there is no need to create a new edition.
Order to change salaries due to changes in staffing
Salary change is topical issue, which has its own solution procedure. The main aspect to pay attention to is the presence of interested employees. If a vacancy is available, then to make amendments it is only necessary to issue an appropriate act with amendments.
If there are busy employees, you need to coordinate the adjustments made with them. indicates that notification of changes to the salary must be sent to the employee no later than two months before the amendments come into force. Especially when it comes to reducing your earnings. If the employee agrees with the adjustments, an additional agreement to the employment contract is also drawn up.
Corrections to the staffing table during indexation and salary increases are carried out according to a similar procedure. To put the adjustments into force, after agreement with the employees, a corresponding order is issued. It indicates the document number, as well as those provisions that need to be changed.
Order to change the staffing table - introduction of new positions
Changes in staffing due to introduction of a new position also accompanied by documentary support. Depending on the scale of the changes made, this may be either a separate order attached to the main document, or a new edition. The second option is relevant in a situation where a large-scale reorganization of the company is being carried out.
An important point that you need to pay attention to when drawing up an order is the justification for the adjustments made. This role may be due to one of the following reasons:
- company expansion, attraction more employees and increase in activity volumes;
- restructuring of a separate division, service or editing of positions;
- redistribution activities functional responsibilities between vacancies.
Often such adjustments affect not only the correction of the structure, but also the registration of a new salary level.
Making changes to the staffing table - adding a staff unit
Many employers are wondering whether it is worth drawing up a separate act if only the number of employees employed in the specified position needs to be corrected. There are two options for solving this problem:
- if there is a decrease in the number of employees, then such actions are considered a reduction in staff and are formalized accordingly;
- if new units are added, then this procedure is drawn up in accordance with the order of addition new position.
The second option involves issuing a separate order with appropriate amendments. It is drawn up according to the same model as a similar document.
Change in staffing due to renaming of position
Order to rename a position in the staffing table is drawn up if the employee working in this vacancy has been notified and agrees with the amendments. The notification, as in the case of salaries, is sent two months before the new edition comes into force.
An important point is the need to complete all documentation. prescribes that the name of the position held must be indicated in the employment contract. Accordingly, a change of name must be accompanied by the drawing up of an additional agreement to it. Internal regulations must also be put in order - personal cards of employees, instructions, regulations.
Transfer to another position due to changes in staffing
An order to change a position in the staffing table may lead to personnel changes. For example, the creation of a new department requires the transfer of some employees to new vacancies. In this situation, the registration procedure will be similar to renaming.
A notification is sent to the employee, and if he agrees, all necessary documents. The main one is the additional agreement to the employment contract. It is also necessary to enter information about the transfer into the employee’s personal card, as well as his work book.
Order to change the staffing table due to staff reduction
Reduction of staff and entry of relevant information into the staffing table is carried out through a separate order. If the vacancy being reduced includes employees, then Article 180 of the Labor Code of the Russian Federation they must be notified of such actions two months in advance.
An order to reduce staff must contain the following information:
- the basis for which there was a need to cut jobs must be indicated;
- indication of vacancies, number of places and structural departments that are being abolished;
- the dates on which the document comes into force are indicated;
- it is prescribed to bring internal documentation into compliance with the new provisions.
Such a document must be signed by all persons affected by it. Separate application a list of employees who are being laid off may be compiled, indicating their familiarization with and agreement with the measures being taken.
In accordance with Art. 57 of the Labor Code of the Russian Federation, the name of the position in accordance with the organization’s staffing table refers to mandatory conditions employment contract. Therefore, changing it entails changes not only to the staffing table, but also to the employment contract.
Within the meaning of Art. 15 and parts of the second article. 57 of the Labor Code of the Russian Federation, the name of the employee’s position is one of the characteristics of his labor function. In accordance with Art. 72.1 of the Labor Code of the Russian Federation, a permanent or temporary change in an employee’s labor function is a transfer to another job.
The order of translation should be as follows:
1. Within the meaning of Art. 72 of the Labor Code of the Russian Federation, the parties have the right, by agreement, to change any terms of the employment contract determined by them. Therefore, it is necessary to formalize an agreement to change the job title in the form of an additional agreement to the employment contract, which stipulates all changes made to it, including the date of transfer.
The additional agreement signed by the parties will be an integral part of the employment contract and at the same time a document confirming the employee’s consent to the transfer.
A new employment contract should not be concluded.
The change in job title must also be reflected in the job description (if any). Moreover, if job description drawn up as an annex to the employment contract, it is enough to fix this change in the mentioned additional agreement without signing the instructions in the amended version.
The employer changes the job description approved as a local regulatory act by his order. The employee must be familiarized with the changes against signature (Article 22 of the Labor Code of the Russian Federation).
2. Changing the name of a position entails making changes to the staffing table, the unified form of which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 (hereinafter referred to as Resolution N 1).
According to the Instructions for the use and completion of forms of primary accounting documentation for the accounting of labor and its payment, approved by Resolution No. 1, the staffing table is approved by an order (instruction) signed by the head of the organization or a person authorized by him to do so. Changes to the staffing table are also made in accordance with the order (instruction) of the head of the organization or a person authorized by him to do so. Changes in the staffing table must be made known to those employees who are affected.
3. Based on an additional agreement, the employer issues an order (instruction) to transfer the employee to another job according to unified form No. T-5, approved by Resolution No. 1. We note that upon the employee’s application, the employer is obliged to provide him with a certified copy of this order (instruction) (Article 62 of the Labor Code of the Russian Federation). Based on the transfer order, marks are made in the employee’s personal card (Form N T-2, approved by Resolution No. 1), as well as on his personal account (Form N T-54 or N T-54a, approved by Resolution No. 1).
4. According to part four of Art. 66 of the Labor Code of the Russian Federation information on transfers to another permanent job are entered into the employee’s work book. The procedure for maintaining work books is regulated by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules). The procedure for filling out work books is established by the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69.
In accordance with clause 10 of the Rules, all entries about the work performed, transfer to another permanent job are entered into the work book on the basis of the relevant order (instruction) no later than a week.
Clause 3.1 of the Instructions stipulates that in column 3 of the “Information about work” section of the work book, entries about the name of the position (job), specialty, profession indicating qualifications are made, as a rule, in accordance with the organization’s staffing table.
The entry in the work book about transfer to another job will look like this:
the serial number of the entry is entered in column 1 of the “Work Information” section;
in column 2 - date of transfer;
in column 3 it is written: “Transferred to the position of secretary-operator”;
Column 4 indicates the date and number of the order (instruction) for the transfer.
Prepared answer:
Expert of the Legal Consulting Service GARANT
Gabbasov Ruslan
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Barseghyan Artem
The material is prepared on the basis of individual written consultation provided as part of the service
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