Change of position according to the staffing table. How and in what situations is an order to rename a position issued - a sample design. The procedure for renaming a position without changing the labor function
In practice, situations are not uncommon when a company needs to rename a position without changing labor function. An example is the desire to name the position of a specialist more harmoniously, solidly in order to produce best impression on counterparties with whom this employee interacts. The law leaves the company the right to make planned adjustments to the staffing table, but obliges it to receive an acceptance from a specialist and sign an additional agreement with him, reflecting the essence of the changes that have occurred.
What is a position and labor function
Current legislature leaves the employing company the right to name the position of a specialist at its discretion, if the chosen title does not affect the need to provide the employee with preferences and benefits. In order not to be mistaken, one should be guided by the provisions of the Handbook, approved by order of the Ministry of Labor No. 37, adopted in 1998.
In practice, firms actively use the freedom in the title of positions. For example, a personnel officer different companies can be called an HR manager, a recruitment and adaptation specialist, an HR inspector, etc.
The labor function of an employee is fixed in a contract signed by a specialist and in the company's staffing table. Its change entails the need to draw up personnel documents (order, additional agreement to employment contract), a proportional increase in the level wages.
The following is recognized as a change in the labor function:
- expansion of the list of functions performed by a specialist;
- narrowing the range of tasks to be solved;
- change of individual duties assigned to the employee to new ones.
Any modifications in the functionality performed are carried out with the written consent of the hired specialist. The firm is obliged to notify him of the planned changes no later than two months before they come into force.
The job title is a brief verbal description of the job function. These positions are directly interconnected: if an organization accepts a personnel inspector into its ranks, he will be entrusted with a set of tasks provided for by the "staff" for a particular position. It is impossible to arbitrarily change the name of a vacancy to something else, for example, “HR-specialist”.What should an enterprise do if it does not want to correct the labor function of a specialist, but wants to name his position in the “staff” more solidly or harmoniously? The law leaves the employer such a right, but obliges to obtain consent from the employee and sign an additional agreement with him.
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The procedure for renaming an employee's position
From the point of view of the Labor Code of the Russian Federation, renaming a position is a change essential conditions labor contract. It can be done in two ways:
- By agreement of the parties, the provisions of Art. 72 Labor Code RF;
- at the initiative of the employing company - the situation is regulated by the rules set forth in Art. 74 of the Labor Code of the Russian Federation.
If the employer is the initiator of the change, he must send a written notice to the employee no later than two months before the planned changes. The current legislation does not unified form document. It is only stipulated that it must indicate the future name of the position of a specialist in the company, the reasons for the adjustments made (for example, the reorganization of the department, changes in the staffing table, the use of new production technologies, etc.).
Important! The paper is handed over to the employee against signature or sent by letter with acknowledgment of receipt.The specialist who received the notification usually agrees to the new terms. To confirm his acceptance, he writes “I do not mind” on the document and puts down his own signature.
Another option for the development of the situation is the refusal of the employee. It should be noted that such an outcome is extremely unlikely: the renaming of posts is usually carried out in the interests of the staff. If the employee still does not agree with the changes, the company is obliged to offer him in writing alternative positions (including lower paid ones). If none of the options suits the specialist, the employment contract will be terminated under paragraph 1 of part 7 of Art. 77 of the Labor Code of the Russian Federation.
If the agreement of the parties is reached, two months after receipt of the notification, an additional agreement is signed to labor contract. It states:
- No. and date of the document;
- Company name;
- Full name and current position of the specialist;
- number and date of the contract, where adjustments are made;
- No. of the item to be changed and its new version;
- an indication that the remaining provisions of the contract remain unchanged.
The agreement must be signed by both parties. It is prepared in two copies: one is stored in the personnel department of the enterprise, the second is issued "in the hands" of the employee.
In order to keep up with rapidly changing trends in the workplace, the management of an organization renames job titles. Agree, it will seem strange if a stylist or hairdresser in the 21st century is still called a barber, and cooks are cooks. The same happens with ordinary professions, but the renaming process has some nuances. How to complete the necessary documents?
Is it possible to rename a position in the staff list?
How to rename positions without changing the labor function?
The name of the official position acts as the main component of the labor function of the frame - what he works with. Thus, the change of job title is followed by a change in the labor function, which means, in fact, there is a transfer to another official position. How can this be avoided?
When adjusting the titles of positions, it is imperative to indicate innovations in the employment contract, staffing, as well as information that is entered in the work book.
If the renaming of the official position changes along with the list of powers and duties, then the transfer of the employee is inevitable. But there are cases when, in fact, nothing but the name changes.
Let's say V. Slozhenitsky, in the past an ordinary janitor, was renamed "personnel cleaning". Then it's possible:
- Drawing up a notice of renaming the official position of an employee in the staff list without changing his work functions. Within two months, the employer is obliged to familiarize the subordinate with the notification (it is required to secure the document with signatures);
- Drafting additional agreement on the introduction of new conditions in the employment contract;
- Registration of an order document, in which it is necessary to clearly describe what is being replaced by what;
- Making an appropriate entry in the employee's work book.
So you can avoid issuing a transfer order, that is, changing the working function.
Procedure for renaming a position
When the management decided to replace the job titles - rename, in strict order it is necessary to prepare:
- notification of personnel about the innovation (2 months in advance);
- additional agreement to the employment contract;
- order to correct the title of the position;
- entering innovations in the staffing table and "track record".
The voluntariness of the employee himself, in respect of whom these “reforms” are taking place, is important. If he gave his permission, then the employer interested in this must further:
- Draw up a notification statement on the renaming of the “post” he occupies. Moreover, the entry into force of the document begins after the employee enters "AGREE" and puts his signature;
- Draw up an additional agreement to the employment contract, where the title of the position will then be corrected;
- Referring to the above documents, an order is issued, which is also signed by the parties;
- Either create an order to reform the staffing table, or fix a new staffing table;
- Record in the labor: “The name of the position “janitor” has been changed to “cleaning personnel”.
If an employee refuses from the ongoing “reforms”, the points provided for in .
How to apply for a rename as an employee
The law does not provide for a strict procedure for renaming an official position.
Let's imagine the most common scenario for the development of events of this procedure:
- It is necessary to introduce a new title of the required profession into the staffing table;
- Notify the subordinate whose position is to be renamed by giving him the notice and a copy of the agreement to sign (he can either agree or refuse);
- Issue an order. The latter is considered the main document fixing the change of the name of the official position of the employee;
- Such an order will officially save the information in the employee cards in the tab "Employment book" and "Position held";
- Next, it is important to formalize the transfer of the employee to a formal new job(according to the law, the procedure for changing the name of an official position is a transfer to another job). Thus, the former position is removed from the staff list.
Job renaming order sample
In this order, the employer is responsible for monitoring compliance with its provisions. In order to insure against unforeseen circumstances, it is recommended to issue a document in duplicate.
Job change notice template
protects the employed population: in case of refusal of the staff from the proposal to rename the official position, they will find another type of activity in this enterprise. If none of the prospects suits him, then soon, instead of a notification, he will have to sign a termination of the employment contract, namely, dismissal is coming. Therefore, employees are advised to immediately agree to the request of their superiors.
Work book entry - sample
When filling out, remember that all information is entered on the basis of the relevant order of the head within a strictly limited period - one week (from the date the order was drawn up).
It is also necessary that the information entered in the work book coincide with the main point of the order.
Sometimes the heads of enterprises and organizations consider it necessary to rename the positions of certain categories of workers. In order to properly carry out this procedure, among other measures, it is necessary to notify the personnel representatives who are directly affected by such a renaming.
FILES
Why are positions renamed?
Changing the name of a position can occur for various reasons. For example:
- because of the greater euphony of the new name - in order to non-financial incentives an employee (instead of a cleaner - a cleaning manager or a cleaning specialist);
- due to the better correspondence of the new designation to the essence of the work performed (sales assistant or sales assistant-cashier instead of just a salesperson).
It happens that a name change occurs due to its moral obsolescence, for example, for historical reasons, the names of such professions as “doctor” to doctor, “attorney” to lawyer, “barber” to hairdresser, etc. have changed.
Name change procedure
To change the name of the position, first you need to issue an appropriate order at the enterprise.
It states:
- the reason why the management decided to carry out this “reform”;
- old name and new;
- the date from which the innovation will enter into force;
- the requirement to introduce these innovations and labor contracts with employees (by concluding additional agreements with them on changing working conditions), as well as their work books.
Employees who are directly affected by the change in the title of the position must put their signature under the executive order.
When to notify an employee
To notify an employee about a change in the name of his position, the legislator has established a standard period of two months before these changes enter into force.
At the same time, the employee is obliged to sign the received notification - his autograph will indicate that he is familiar with the decision of the management and agrees with such metamorphoses.
If an employee refuses to change the job title
If the employee refuses to change the name of his position (which is still unlikely while maintaining other working conditions), the employer must act in accordance with Art. 74 of the Labor Code of the Russian Federation. It states that he is obliged to provide the subordinate with options for free vacancies within the enterprise that correspond to his qualifications, and if there are none or the employee refuses them, he has every right to dismiss him.
Job Rename Notice, General Points
Before proceeding to a detailed description of the notification, we will provide general information about all such notices.
The first and most important thing to say is that the notification can be written in any form, since today there is no unified sample established at the legislative level. It is also acceptable to use your own document template developed and approved by the organization - if, of course, there is one. In any case, the notification format should be specified in the local acts of the enterprise (because a representative of the labor inspectorate may ask about this issue when checking the employee's complaint).
The document must be signed either by the director of the organization or by an employee who is authorized to endorse such forms on his behalf (for example, the head / specialist of the personnel department).
If it is customary for an enterprise to certify papers with a seal, the form must be stamped.
The notification can be made in a simple clean slate any suitable format (usually A4 or A5 is used) or on letterhead(again, if such a condition is specified in the accounting policy of the company). It is allowed to write it manually or type it on a computer with subsequent printing - both of these options are quite acceptable.
It's better to create a notification in two identical copies. One must be handed over to the employee, the second must be left in the organization (having previously received the employee’s signature on it about handing him a copy). Information about the notification must be entered in a special register (it is kept either in the personnel department or in the secretariat).
Sample notice to an employee about a job change
At the beginning of the document (left or right), write the following information:
- addressee - the position and full name of the employee for whom the notification is intended;
- assigned outgoing document number;
- the date of its compilation;
- the locality where the business operates.
Then comes the actual message. In the main section of the document, you need to specify:
- Company name;
- the reason why the name of the employee's position was changed;
- old and new job title;
- the date from which the changes will become legal;
- a reference to the articles of the Labor Code that justify the actions of the employer (in this case, this is article 74 of the Labor Code of the Russian Federation);
- a note stating that other working conditions of the employee, including in terms of wages, will not change.
At the end, the notification is signed by the responsible person and handed over to the destination.
How to give notice
There are several ways to deliver a notification to an employee:
- the simplest and fast way– transfer of the document at the workplace from hand to hand;
- send alert by registered mail through regular mail - this method also guarantees the receipt of the message by the addressee;
- you can send the form by courier to the place of actual residence of the employee - but in this case, you must also obtain the signature of the latter that the letter was delivered to him at the set time.
Along with changing the employee's labor function, renaming the organization in which he works, changing the size of his salary, changing the name of the employee's position means changing the terms of the employment contract. Changes such as renaming of a position may occur in connection with a change certain conditions work, for a more modern sound, etc.
Before a new name is added to the staffing table, the employee must be notified of the upcoming changes. Notice of renaming of the position must be sent to the employee no later than two months. This must be done both if the changes occur by agreement of both parties, and if the initiative to make changes belongs to the employer. Between the parties to the employment contract, even if the new title of the position does not affect the employee's labor function, an additional agreement is concluded.
So, we draw up the correct change in the name of the position: before issuing an order that the position will be renamed and making changes to the staffing table, it is required to notify the employee of the upcoming changes (in person or by letter with notification). Let's figure out how to write a notification correctly.
Notice of job rename (sample)
Since there is no approved form for notification, this document the employer makes up his own. In the "header" of the document, it is necessary to indicate the name of the employee to whom it is intended, the date the document was drawn up.
The notice of change of position (see sample notice below) in the main part of the document contains the following information:
- Former job title, new title;
- The reason for the need for change;
- Date of entry into force of the changes;
- Information that other working conditions of the employee remain unchanged;
- Signature of the head or authorized person (for example, the head of the personnel department).
In the main part of the document, it is advisable to provide a line for expressing the agreement or disagreement of the employee with the upcoming innovations.
The notification to the employee about the renaming of the position is drawn up in two copies, one for the employee and the employer. The copy of the employer must be signed by the employee stating that he received the second copy of the document.
After notifying the employee of the new name of his position, the employer needs to rename the position in the staffing table. The order is issued by the employer with the obligatory justification of the renaming.
Sample notice to an employee about a job change
Order to change the position of an employee (sample)
The unified form of the document is not approved - the employer independently draws up the document. The "header" of the order indicates the name of the organization, the date of execution of the document and the serial number.
The order to rename the position in the staff list must contain a justification for the renaming. The order should include the following information:
- Date of changes to the staffing table;
- Change of position: indicate the previous name of the position and the name to which they want to change it;
- An indication that an additional agreement on a change in position will be concluded to the employee's employment contract;
- An indication that the work book, personal card and other personnel documents(if necessary) changes will be made.
The order to rename the position contains a column for the employee to sign, confirming the fact of familiarization with the order. The order must be signed by the head of the organization or a person authorized by him.
When the order to change the name of the employee's position is issued, and the employee is familiar with the order, it is necessary to conclude an additional agreement with him. A sample supplementary agreement on changing the position, it must contain the new name of the position, the details of the order to make changes and the employment contract, the date the changes take effect.
Order to rename a position in the staffing table: sample
So, the position has been renamed. Should an entry in the labor record be made or not? There is no separate procedure for making such an entry, so you can act by analogy with a record of renaming an organization.
Renaming a position without changing the labor function, example:
"The position "Marketing Specialist" from 08/01/2018 was renamed to "Marketing Manager"".
To avoid problems with labor inspectorate, the employer must follow the procedure for renaming the position. Upon receipt of the notice, the employee may refuse to work under the new conditions. Then the employer is obliged to offer him another job (Article 74 of the Labor Code of the Russian Federation). If there are no vacancies or the employee refuses another job, the employer issues a dismissal (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).
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