Changing the duties of a civil servant. Additional agreement to the employment contract: samples. The procedure for amending the regulations

This is a local normative act that defines and establishes qualification requirements, official rights, duties and responsibilities of a civil servant. Area of ​​activity - interaction with colleagues and external organizations. The list of public services, the procedure and terms for their provision, restrictions and prohibitions related to official activities - all these issues are also included in the regulation.

Clause 3 of part 3 of Article 24 federal law dated 27.07.2004 No. 79 points to the regulation as an essential condition of the service contract: the official regulation is its integral application. Similar local regulations- this is the official regulations of the municipal employee and the job description.

What is it and where is it used

The regulation is used in the civil service when conducting a competition for filling a vacant position to determine the suitability of the applicant. It will also be needed during the certification of personnel for the development of certification materials and for checking the qualifications of employees. When forming a personnel reserve and evaluating the performance indicators of employees, one cannot do without it either.

Development and approval procedure

For institutions public service there is no uniform form of official regulations. Each department develops and approves it independently. To develop this document, we will need:

• regulation (or other document) on the state body, its functions, organizational structure, external and internal business processes, the type, procedure and terms of the services provided;
• staff list with the names of departments and positions;
• regulation (or other document) on internal division to which the position we need belongs;
• job duties and rights of a specialist (they must be drawn up together with the immediate supervisor);
• approved exemplary standard form. It already has all the necessary sections and you only need to add the missing information.

If there is no such sample, then you can use our proposed approximate standard form official regulations of the head of the department and, on its basis, develop their own form independently. There is no single standard for all civil service structures; each body develops and approves the form independently

Job Regulations for the Head of the Department for Cultural Affairs, standard form

The developed project must be approved. As a rule, job regulations of civil servants are approved by the immediate supervisor of the employee, personnel, legal and financial services. Comments, changes, approval dates and signatures are reflected in the approval sheet.

A fully agreed document is approved and put into effect by order of the representative of the employer (head of the public service body). Its effect begins from the moment of signing the approval order, unless another date is specified.

Regulation structure

The structure of the regulation should contain the following sections:

1. General provisions, which reflects the name of the position and the unit where the employee is admitted; to whom he will report and who signs the order of appointment.
2. Requirements for the level of education, length of service in the civil service and work in the specialty, knowledge of regulatory and legislative acts, etc.
3. Job duties and responsibility for their non-fulfillment, as well as the rights of the employee.
4. Questions and tasks for making independent decisions.
5. Issues and tasks in which the employee is required to participate.
6. Terms and sequence of preparation for approval and acceptance various solutions, projects, regulations, etc.
7. Interaction with other employees within your government agency, with other organizations and citizens.
8. Scroll public services provided to citizens and organizations.
9. Indicators of efficiency and effectiveness of his professional activity.

Sections from the second to the ninth are mandatory and are enshrined in Article 47 of the Federal Law of July 27, 2004 No. 79 “On the State Civil Service Russian Federation". At the end, be sure to attach a familiarization sheet with a signature and the date when the employee was familiarized

The procedure for amending the regulations

The change in this local regulation affects the essential terms of the service contract.

Unilaterally, at the initiative of the representative of the employer, changes are possible only if they do not affect job duties. This is directly stated in Part 1 of Article 29 of Federal Law No. 79.

To begin with, we prepare a draft of a new document, coordinate and approve it. After that, you must notify the employee in writing about upcoming changes in the essential terms of the service contract. This must be done at least two months before the effective date of the changes. The calculation of the notice period begins on the day following the date of notice.

The easiest way to record the fact of the notification is to give the employee one copy under the signature or send a letter with acknowledgment of receipt by mail. A common notification standard has not been established. We suggest using the following sample.

The specialist has the right to choose: to continue serving in the same position under changed conditions, to move to the proposed vacant position, or to refuse to continue service at all.

If he agrees to continue activities in the same or new proposed position, then we draw up an additional agreement to the service contract. The requirement for a mandatory written form of the agreement is specified in paragraph 5 of Article 24 of Federal Law No. 79.

We reflect in the document all the changes made and sign it with the representative of the employer and directly with the civil servant.

An employee's disagreement to continue service after a change in essential conditions must also be formalized in writing. The basis for such a requirement is paragraph 4 of Article 29 of Federal Law No. 79.

Such a refusal will be the basis for unilateral termination of the service contract on the grounds of clause 7 of part 1 of Article 33 of Federal Law No. 79.

The terms of a service contract with a civil servant, as well as the terms of an employment contract, by virtue of various circumstances may be changed by agreement of the parties or at the initiative of the employer. Moreover, the legislator delimits the concept of transfer (which, in fact, is also a change in the terms of the service contract in terms of official duties) and changes in other terms of the contract. About the order in which the terms of the service contract that are not related to the official duties of the employee can be changed, and what mistakes the representatives of the employer make, we will tell in the article.

Service contract terms

The terms of the service contract are listed in Art. 24 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation"(Further - Law no. 79-FZ).

The essential terms of a service contract include:

• the name of the civil service position to be occupied, indicating the unit government agency;
• date of commencement of performance of official duties;
• rights and obligations of a civil servant, job regulations;
• types and conditions of medical insurance of a civil servant and other types of his insurance;
• rights and obligations of the representative of the employer;
• professional official activity, compensations and benefits provided for professional service activities in difficult, harmful and (or) dangerous conditions;
• the regime of working time and rest time (if it differs for a civil servant from the official schedule of a state body);
• pay conditions (size official salary employee, allowances and other payments, including those related to the effectiveness of his professional performance), established Law No. 79-FZ, other federal laws and regulatory legal acts;
• types and conditions of social insurance related to professional service activities;
• finding the position occupied by an employee in the list of civil service positions for which the rotation of employees is provided.

In addition, the contract may provide for the following conditions:

• on the test for admission to the civil service;
• on non-disclosure of information constituting state and other secrets protected by federal law, and official information, if the official regulations provide for the use of such information;
• on the obligation of a person to perform civil service after graduation from a professional educational organization or educational organization higher education at least established by the agreement on targeted admission or an agreement on targeted training for a period, if the training was carried out at the expense of the relevant budget;
• on the indicators of the performance of the professional performance of a civil servant and the related conditions for remuneration of his labor and other conditions that do not worsen the position of the employee in comparison with the provision established Law No. 79-FZ, other laws and regulations.

Types of change

First of all, we note that, in contrast to Labor Code, in Art. 72 which states that changing the terms of an employment contract is allowed only by agreement of the parties, with the exception of cases provided for by this code, in Part 5 Art. 24 Law no. 79-FZ it was established that the terms of the service contract can be changed only by agreement of the parties and in writing. However, according to Art. 29 of Law no. 79-FZ nevertheless, it is allowed to change the essential terms of the service contract at the initiative of the employer.

One of the types of changes in the terms of a service contract by agreement of the parties is the transfer of an employee to another position in the civil service. The transfer can be temporary or permanent. Moreover, if a permanent transfer of an employee is allowed only with his consent, then a temporary transfer is possible without it, that is, at the initiative of the representative of the employer, in cases established by Art. 30 Law no. 79-FZ.

The transfer of a civil servant to another position is understood as a change in his official duties specified in the service contract and job regulations.

Regarding transfer, it is also worth noting that the concept of transfer in the civil service is somewhat different from transfer in accordance with the Labor Code. So, if the translation into force of labor law, in addition to changing job duties, will be considered a change structural unit in which the employee performs his duties (if it was indicated in the employment contract), then a change in the structural unit for a civil servant will not be a transfer if his job responsibilities have not changed.

note

The transfer of a civil servant is understood as a transfer to another civil service position with a change in job responsibilities in the same or another state body, or transfer to another locality together with a state body. It is not a transfer to another position in the civil service and does not require the consent of the employee to transfer him to another position in the civil service without changing the job responsibilities established by the service contract and job regulations ( Art. 28 Law no. 79-FZ).

The rotation of employees can also be called a kind of translation. But during rotation, the service contract for the position held is terminated, the employee is appointed to another position in another state body, and a new service contract is concluded with him.

As for the rest of the terms of the service contract, as already mentioned, they can be changed by agreement of the parties by virtue of Art. 24 Law no. 79-FZ or at the initiative of the representative of the employer by virtue of Art. 29 of Law no. 79-FZ. At the same time, by agreement of the parties, both essential and additional terms of the contract may be changed, and at the initiative of the representative of the employer, by virtue of Art. 29 of Law no. 79-FZ- only essential (with the exception of official duties).

Speaking about changes in the terms of the service contract at the initiative of the representative of the employer, one can also note some differences from changes in the terms of the employment contract at the initiative of the employer. Yes, in Art. 74 Labor Code of the Russian Federation the reason why the employer can change the terms of the employment contract unilaterally is indicated - this is a change in organizational or technological working conditions. And in Art. 29 of Law no. 79-FZ the reasons for which the terms of the contract may change are not named at all. It is assumed that for civil servants they are similar Art. 74 Labor Code of the Russian Federation, that is, due to changes in organizational or technological working conditions.

The procedure for changing the essential conditions of the official order

So, according to Art. 29 of Law no. 79-FZ in the event of a change in the essential conditions of professional service activities at the initiative of the representative of the employer, when civil servants continue their professional service activities without changing job responsibilities, a change is allowed certain parties essential terms of the service contract. The employee must be notified of such change by the representative of the employer in writing no later than two months in advance.

Changes in essential conditions are made in the form of an additional agreement to the service contract.

If an employee does not agree to fill a civil service position and perform civil service in the same or another state body due to a change in the essential terms of the contract, the representative of the employer has the right to release the employee from the position to be replaced and dismiss him from the civil service. At the same time, he should be offered another position in the civil service for replacement. In case of refusal, the contract with him is terminated in accordance with p. 7 h. 1 art. 33 of Law no. 79-FZ: refusal of a civil servant from a civil service position proposed for replacement due to a change in the essential terms of the service contract.

note

Notification of an employee about a change in the essential terms of the contract and the offer of a vacant position in connection with such changes, as well as the refusal of the employee from the proposed position, must be made in writing.

Note that, in contrast to the dismissal p. 7 h. 1 art. 77 Labor Code of the Russian Federation in connection with the refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties, when the employee, by virtue of Art. 178 Labor Code of the Russian Federation severance pay is paid in the amount of two weeks' earnings, upon dismissal of an employee for p. 7 h. 1 art. 33 of Law no. 79-FZ The payment of severance pay is not established by this law.

It should be recalled here that due to Art. 73 Law no. 79-FZ federal laws, other regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the constituent entities of the Russian Federation containing norms labor law, apply to relations related to the civil service, to the extent not regulated Law No. 79-FZ. Based on this article, upon dismissal of an employee for p. 7 h. 1 art. 33 of Law no. 79-FZ the provision applies Art. 178 Labor Code of the Russian Federation and paid severance pay.

However, this point of view is not supported in practice. That the provisions Art. 178 Labor Code of the Russian Federation upon dismissal of an employee on the specified grounds are not applied, it is said, for example, in Letter of the Ministry of Health and Social Development of the Russian Federation dated 10.05.2011 No. 17‑3/834 . The same position is taken by the courts (for example, see Determination of the Perm Regional Court dated March 9, 2011 in case No. 33‑2106 ).

Mistakes of an employer's representative when dismissing an employee

When dismissing due to a change in the essential conditions of a service contract, employers make many mistakes. On the example of court decisions, we will consider the main ones.

Failure to comply with the dismissal procedure, in particular, no other position of the civil service is offered, there is no written refusal of the employee to replace another position of the civil service in connection with a change in the essential terms of the service contract.

I. was in the state civil service in the Barents-Baltic Territorial Administration of the Federal Agency for Fisheries, as a senior state inspector of the department of state control, supervision and protection of aquatic biological resources. By order of the head I., he was relieved of his post and dismissed from the state civil service for p. 9 h. 1 art. 37 Law no. 79-FZ in connection with the disagreement to fill the position of the civil service and the passage of the civil service in the same state body in connection with a change in the essential terms of the service contract.

The court found that the order of the head changed the amount of the monthly allowance to the official salary for special conditions state civil service from 90% to 60%. I. was familiarized with the order and signed an additional agreement, which formalized the change in the terms of the service contract in terms of the amount of the monthly allowance, expressing disagreement with the indicated documents.

At the same time, I. did not refuse in writing to fill the position of the civil service and perform the civil service in connection with a change in the essential conditions of the service contract. After signing the order and the additional agreement, I. continued to serve until his dismissal for more than five months.

The representative of the employer pointed out: before the decision was made to dismiss I., he actually had I.'s refusal from the proposed position, as he refused to sign an additional agreement, about which an act was drawn up, which reflected the motives verbally expressed by I. for refusing to sign an additional agreement. In addition, the representative of the employer for dismissal incorrectly applied p. 9 h. 1 art. 37 Law no. 79-FZ- dismissal in other cases provided for Law No. 79-FZ and other federal laws, since he believed that the dismissal of I. took place on the initiative of the representative of the employer and on the grounds paragraph 3 of Art. 29 of Law no. 79-FZ, due to the fact that there was no written refusal of I. to replace the position of the civil service.

But the court recognized the dismissal of I. p. 9 h. 1 art. 37 Law no. 79-FZ illegal and here's why. First of all, the representative of the employer did not have I.'s refusal to replace the civil service position due to changes in the essential terms of the contract, therefore, there are grounds for I.'s release from his position and dismissal for Art. 29 of Law no. 79-FZ did not have. By itself, disagreement with the reasons for changing the essential terms of the service contract at the initiative of the representative of the employer does not mean disagreement to fill the position on the changed conditions, it cannot be recognized as such.

In addition, the defendant failed to comply with the provisions Part 4 Art. 29 of Law no. 79-FZ: I. was not offered another civil service position due to a change in the essential terms of the service contract and a written refusal was not received from the position proposed for filling, giving grounds for the dismissal of a civil servant on the basis of Art. 29 of Law no. 79-FZ on p. 7 h. 1 art. 33 of Law no. 79-FZ.

At the same time, the presence of vacancies on the date of dismissal of the plaintiff was established by the court. As a result, the dismissal order was canceled, and I. was reinstated at work. The Board of Cassation upheld this decision Cassation definition of Murmansk regional court dated February 15, 2012 in case No. 33‑411‑2012 ).

Suppose that the representative of the employer performed all the actions necessary for dismissal: sent a notice, offered another position, was refused ... but violated the deadlines set Art. 29 of Law No. 79-FZ in particular a two-month notice period. In this case, the consequences for the employee may be different, it may not be necessary to reinstate him in the service.

G. worked at the MIFNS, but due to the reorganization, which caused a change in the essential condition of the service contract (position name), and the refusal of the civil service position proposed for filling in connection with this change, she was dismissed p. 7 h. 1 art. 33 of Law No. 79-FZ. G. considered the dismissal unlawful and went to court, demanding that she be reinstated at work in her previous position and that she be paid wages during her forced absenteeism.

As a result of consideration of the circumstances of the case, the court found that the dismissal was made on legal grounds, but the deadline for notifying G. about changing the essential terms of the contract was violated - the notification was made in less than two months. As a result, the court assigned the MIFTS the duty to change the date of G.'s dismissal and pay her earnings during this time ( Determination of the Sverdlovsk Regional Court dated 06/07/2012 in case No. 33-6618/2012).

When the essential conditions of the service contract change, the job responsibilities also change.

R. was appointed to the position of the state civil service, namely the position of the head of the territorial department of the Office of Rospotrebnadzor for the Krasnoyarsk Territory in the Kuraginsky district (hereinafter - the Office) - the main state sanitary doctor in the Kuraginsky district.

The department sent the plaintiff a notice that his position would be abolished, and at the same time offered the position of chief specialist expert in Minusinsk. The basis for sending the said notification was the ongoing organizational and staffing activities. R. refused the proposed position, after which he was fired p. 7 h. 1 art. 33 of Law no. 79-FZ.

The claims for the recognition of the order as illegal were satisfied by the court, since, according to the official regulations, the position of the head of the territorial department was assigned to the group of positions of the state civil service of the category “heads”, whose duties are related to organizational and administrative powers, powers to control the activities of the department and its employees, and the position of "chief specialist-expert" is classified as a "specialist", whose duties are related to direct control over the implementation of the requirements of the sanitary and epidemiological legislation by legal and individuals during the relevant checks.

Thus, when R. was offered the position of chief specialist-expert, the employer unilaterally decided not only to change the essential terms of the service contract, but also to change job responsibilities, which is a violation of the requirements Art. 29 of Law no. 79-FZ.

In addition, it followed from the staff lists of the Department that the actual reduction in the position of the head of the Department had been made. The court of appeal agreed with the decision of the court in this part ( The appeal ruling of the Krasnoyarsk Regional Court dated September 1, 2014 in case No. 33‑8498, A-9).

Substitution of grounds for dismissal under paragraph 7 of Part 1 of Art. 29 of Law no.  79-FZ of other grounds for dismissal.

E. E. V. in 2013 entered into a service contract for the passage of the state civil service in the Ministry of Forestry, Nature Management and Ecology of the Ulyanovsk Region (hereinafter referred to as the Ministry). The Ministry was abolished by the Decree of the Governor of the Ulyanovsk Region. The functions of the abolished Ministry were transferred to the newly formed Ministry of Agriculture, Forestry and Natural Resources of the Ulyanovsk Region.

E. E. V. was sent a notification signed by the Minister of Agriculture, Forestry and Natural Resources of the Ulyanovsk Region with a proposal to fill another position in the civil service. The plaintiff refused the offered position and asked her to be fired on the basis of clause 8.2,8.3 Art. 37 Law no. 79-FZ(reduction of civil service positions in a state body; abolition of a state body) and pay her monetary compensation related to her dismissal.

By order of the Acting Minister, E.E.V. was relieved of her post. The reason is the refusal of a civil servant from the proposed position of the civil service in connection with a change in the essential terms of the service contract in accordance with p. 7 h. 1 art. 33 of Law no. 79-FZ.

The court of first instance dismissed E.E.V. grounds for her dismissal p. 7 h. 1 art. 33 of Law no. 79-FZ.

However, the court of appeal did not agree with this conclusion: based on the meaning and interconnection of the above norms Law no. 79-FZ provides that the abolition of a state body and the refusal of a civil servant to be transferred to another body to which the functions of the abolished body have been transferred is the basis for dismissal in accordance with clause 8.3, part 1, art. 37 Law no. 79-FZ.

From analysis Art. 24 and 29 of Law no. 79-FZ it does not follow that the abolition of a state body and the transfer of its powers to a newly created body is a change in the essential terms of the service contract, entailing its termination in accordance with p. 7 h. 1 art. 33 of Law no. 79-FZ.

The fact that there is a similar position in the newly created body cannot serve as a circumstance indicating a change in the essential terms of the contract, since the state body in which the plaintiff worked has been abolished and the position is offered in the newly created state body.

In this type of legal relationship, there can be no talk of changing the essential terms of the service contract, since its operation has been completely terminated. In this particular case, a reorganization of the state body took place, which resulted in the termination of the activities of the body with which the plaintiff had a service contract, and led to the creation of another state body - the successor of the previously existing state body and the termination labor relations with a state body that has ceased its activities, which should not result in a change in the essential terms of the service contract, but the conclusion of a new service contract with a completely different, newly created state body, although the successor of the former employer.

Having assessed in aggregate all the evidence presented, the panel of judges finds the basis for the dismissal of the plaintiff from the civil service on p. 7 h. 1 art. 33 of Law no. 79-FZ illegal and considers that the grounds for dismissal should be changed to clause 8.3, part 1, art. 37 Law no. 79-FZ, with the recovery from the defendant in favor of the plaintiff of compensation in the amount of four months' maintenance in accordance with Part 3.1 of Art. 37 Law no. 79-FZ(The appeal ruling of the Ulyanovsk Regional Court dated February 25, 2014 in case No. 33‑645/2014 ).

The appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated August 14, 2013 in case No. 33‑3034/13 the decision of the court of first instance on the reinstatement of an employee dismissed for p. 7 h. 1 art. 33 of Law no. 79-FZ, and recovery in his favor wages during the forced walk.

Working as Acting Head of the Interdistrict Inspectorate of the Federal tax service No. 1 in the Republic of Sakha (Yakutia) (IFTS), T. received a notice of dismissal in connection with the appointment of the head of the IFTS K. M. Then T. was offered another position, which he refused. Subsequently, T. was dismissed from the service due to a change in the essential terms of the service contract and the refusal of a civil servant from the position offered for replacement ( p. 7 h. 1 art. 33 of Law no. 79-FZ).

At the same time, the court found that T. was sent a notice not of a change in the essential terms of the service contract, but of dismissal in connection with the appointment of another employee to his position. And in violation of the norm Part 2 Art. 29 of Law no. 79-FZ the employer did not notify the plaintiff of the upcoming changes in the essential terms of the service contract, and also did not explain that in case of refusal to transfer to another position, he would be dismissed in accordance with p. 7 h. 1 art. 33 of Law no. 79-FZ.

In addition, the court held that Part 3 Art. 24 Law no. 79-FZ provides an exhaustive list of essential terms of the service contract. In this list, as an essential condition of the service contract, the appointment of another employee to the position occupied by the employee is not provided. Therefore, there are no grounds to consider the appointment of K. M. to the position held by the plaintiff as a change in the essential terms of T.'s service contract.

Thus, the dismissal of the plaintiff was carried out with violations of the law and he should be reinstated in the service.

Finally

Summing up, let's pay attention to the main points of dismissal for p. 7 h. 1 art. 33 of Law no. 79-FZ. First of all, do not forget that the basis for dismissal is a change in the essential terms of the service contract, with the exception of job duties. Upon dismissal on this basis, two months in advance, the employee should be sent a notice of a change in essential conditions and a proposal for another position in the civil service. If the employee agrees to the changes, an agreement is concluded with him to the service contract, if he does not agree, he is dismissed p. 7 h. 1 art. 33 of Law no. 79-FZ. The disagreement of the employee must be confirmed by a written document. In cases of non-compliance by the employer with at least one item in the order of dismissal, the employee will be reinstated. In addition, remember that you should not “cover” other grounds for dismissal with this reason, for example, downsizing, the abolition of a state body.
procedure for changing job description
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* stages of development of provisions on structural divisions,
* plans

Correctly make changes to the job description

So that job descriptions do not become useless papers, they must be dynamic, quickly reflecting the structural, organizational, production and other changes that occur in the organization of labor and labor management for a particular employer. That's why Special attention they should be kept up to date. This approach makes job descriptions relevant documents, the content of which corresponds to the conditions, tasks and needs of management.
How often should the text of the job description be changed? An extreme is possible in this matter: some personnel workers, showing excessive zeal, update job descriptions annually. This is not always justified. Changes to job descriptions are necessary, for example, in the following cases:

• when it changes official rights powers and duties;
• when transferring to another position (job) with the same employer;
• when assigned to an employee along with his main job duties additional work in another or the same profession (position);
• during reorganization legal entity;
• when it changes staffing(downsizing, introduction of a new staff unit);
• when changing the name of the organization (or making other changes to the constituent documents) or structural unit;
• when changing the surname (or initials) of the employee, if the instruction was individual (personal), etc. In some cases, individual (personal) job descriptions are used, which are written for a specific employee and contain his surname and initials in the title to the text. This should only be done as an exception. If the instruction is written for a specific person, and not for a position, then when a new employee arrives, he will not be able to sign it, this will require making appropriate changes to it or approving a new job description.

The procedure for making changes to job descriptions may vary depending on when they are made: before the employee is hired for the relevant position or after.
In the first case, the procedure for making changes is simplified - no additional registration of the consent of the employee is required. You can create a new job description and approve it or make changes to the job description by the appropriate order of the head.
And another situation is when the management wished to make changes to the job description of an employee already working in this position.
At the same time, the procedure for making changes to job descriptions differs greatly from the nature of the changes being made, namely, whether they relate to the terms of the employment contract determined by the parties or not.
The labor legislation defines the terms of the employment contract determined by the parties into mandatory (necessary), i.e., conditions without which the employment contract cannot be considered concluded, and into additional (optional), the presence of which is determined solely at the discretion of the parties.
According to Part 2 of Article 57 of the Labor Code of the Russian Federation, the following conditions are mandatory for inclusion in an employment contract:
- place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
- labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation;
- the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the current Labor Code of the Russian Federation or other federal law;
- conditions of remuneration (including the amount tariff rate or salary (official salary) of an employee, additional payments, allowances and incentive payments);
- mode of working time and rest time (if for this employee it is different from general rules operating for this employer);
- compensation for hard work and work with harmful and (or) hazardous conditions labor, if the employee is hired under appropriate conditions, indicating the characteristics of working conditions at the workplace;
- conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
- a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
- other conditions in cases stipulated labor law and other normative legal acts containing labor law norms.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations. Additional conditions in part 3 of article 57 of the Labor Code of the Russian Federation include the following conditions:

• on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
• about the test;
• on non-disclosure of legally protected secrets (state, official, commercial and other);
• on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
• on the types and conditions of additional employee insurance;
• on improving the social and living conditions of the employee and members of his family;
• on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

This list is not exhaustive and may be supplemented by agreement of the parties.
If the job description was issued as an annex to employment contract, then making changes to it will mean changing the terms of the employment contract determined by the parties.
Changing the terms of the employment contract determined by the parties must be carried out in the manner prescribed by Article 72 of the Labor Code of the Russian Federation. That is, by general rule any terms of the employment contract can be changed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.
Accordingly, amendments to the job description specifying certain terms of the employment contract determined by the parties must be formalized by an additional document - an agreement concluded between the employee and the employer in writing.
There is a fairly common mistake: when changing one or another provision in the job description, the old one is simply crossed out and done new entry. In no case is a strikethrough allowed in the job description, this legally devalues ​​this document.
A change in the terms of an employment contract determined by the parties means, among other things, a transfer to another job.
According to article 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area with the employer.
Transfer to another job with the same employer is allowed only with the written consent of the employee, with the exception of cases provided for in Parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation. That is, in the presence of emergency circumstances (in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases that endanger the life or normal living conditions of all of the population or part of it), the transfer does not require the consent of the employee, but can be carried out for up to one month.
Transfer to another job should be distinguished from the transfer of an employee to another workplace. According to Art. 72.1 of the Labor Code of the Russian Federation is not considered a transfer to another job and does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail is a change in the terms of the employment contract determined by the parties.
Order documentation The written consent of the employee to the transfer depends on who initiates the transfer, respectively, this may be a statement from the employee or an agreement to change the terms of the employment contract determined by the parties. On the basis of a document reflecting the written consent of the employee, an order (instruction) is issued to transfer the employee, this order is the basis for making changes and additions to the current job description of the employee, the employee must be familiarized with this order against signature.
In the case of a permanent transfer, a different procedure is appropriate: the issuance of a new job description and its approval.
It is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer, but only for reasons related to changes in organizational or technological working conditions and in the event of prior notice to the employee in writing (Article 74 of the Labor Code of the Russian Federation). At the same time, at the initiative of the employer, it is allowed to change all the terms of the employment contract determined by the parties, with the exception of changing the labor function of the employee (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type work assigned to the worker).
Under a change in organizational or technological working conditions in accordance with paragraph 21 of the resolution of the Plenum Supreme Court RF No. 2 should be understood such changes in the organization of labor and organization of production as:
change in technology and the introduction of new technology;
improvement of workplaces on the basis of their certification;
structural reorganization of production and the like.
In the event of a labor dispute, the obligation to provide evidence that the change in the terms of the employment contract determined by the parties is caused by a change in the organizational or technological working conditions lies with the employer.
Therefore, these changes must be documented, for example, in an order to change the organizational and technological working conditions, it is necessary to mention what specific conditions and changes are meant (commissioning of new equipment, automation accounting based on computer programs, etc.) with reference to supporting documents.
The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by the Labor Code of the Russian Federation.
The employee must familiarize himself with this notice or the order (instruction) of the employer and confirm this fact with his signature on the document and putting down the date of familiarization. If the employee refuses to sign for receipt of a notification (other document) about the upcoming change in the terms of the employment contract determined by the parties, it is necessary to draw up an act about this with the involvement of witnesses.
Based on this notice (another document) issued by the employer, appropriate changes are made to the texts of the employment contract, job description, and other local regulations (staffing, regulations on structural divisions, and others).
An employee who does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform with considering his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation.
Thus, if the job description regulates certain terms of the employment contract determined by the parties, then its legal status causes two possible options for the employer to make changes:
by agreement of the parties (Article 72 of the Labor Code of the Russian Federation);
unilaterally at the initiative of the employer, but subject to the rules provided for in Art. 74 of the Labor Code of the Russian Federation (at the same time, the labor function of the employee must remain unchanged).
Deciding personnel matters, managers often face the problem of redistributing labor responsibilities, replacing a temporarily absent employee, and so on.
If an employee is assigned, along with his main job duties, additional work in another or the same profession (position), it is necessary to be guided by Article 60.2 of the Labor Code of the Russian Federation and comply with the requirements of Article 151 of the Labor Code of the Russian Federation on additional payment when combining professions (positions), as well as when expanding service areas , an increase in the volume of work or the performance of duties of a temporarily absent employee without exemption from work specified in the employment contract. An assignment to an employee of additional work is allowed only with the written consent of the employee. The period during which the employee will perform additional work, its content and volume are established by the employer also with the written consent of the employee. The performance of additional work in another or the same profession (position) requires the introduction of appropriate changes, additions to the employment contract and job description of the employee. On the basis of a document reflecting the written consent of the employee to perform additional work in another or the same profession (position), an order (instruction) is issued to amend and supplement the current job description of the employee, which the employee gets acquainted with against signature.
Or a separate document is drawn up - an agreement on amendments to the job description, which is signed by the employee and the employer.
It also happens that the employee has already been hired, and the job description for his position is approved by the employer later. Such a job description is put into effect in relation to this employee only if the employee expresses his consent to this in writing.
The reorganization of a legal entity, changing the name of the employer, making other changes to the constituent documents, or changing the name of the structural unit is also accompanied by making appropriate changes to local regulations based on the order (instruction) of the employer, as well as to employment contracts, work books and, accordingly, in the job descriptions of employees.
It is also important from a legal point of view to take into account changes in job descriptions. In a special journal (book) for registering job descriptions, information should be recorded on the date changes were made to a specific job description and the nature of these changes (section title, what was changed, added or deleted).
After replacing with a new one, the previous job description must be stored for three years (paragraph 35 of the List of standard management documents generated in the activities of organizations, indicating the storage periods, approved by the Federal Archive on October 6, 2000).
When developing a job description, as a rule, the main attention is paid to its content, which is certainly important.
However, we must not forget that the text becomes a document only after it has been given legal force, i.e. it must have the appropriate form with all the necessary details correctly entered.
1. The name of the organization that is the author of the document must correspond to the name fixed in its founding documents. Under the name of the organization or after it indicate the abbreviated, and in its absence - the full name of the parent organization (if any). The name of the branch, territorial office, representative office is indicated if it is the author of the document, and is placed below the name of the organization. The requisite "Place of compilation or publication of the document" is indicated if it is difficult to determine it by the requisite "Name of the organization". The place of compilation or publication is indicated taking into account the accepted administrative-territorial division, it includes only generally accepted abbreviations.
2. Name of the document. In order to give the form of the job description legal force, it is necessary, in addition to the name of the organization, to indicate the name of the organizational and administrative document (job description). The name "Job Instruction", as a rule, is written in the upper left corner of the form. In principle, if your organization requires the title to be in the center, this will not be a big violation and it will not have any effect on legal force. 3. Date and document number. The date of the document is the date of its approval. The registration number of the document consists of its serial number, which can be supplemented at the discretion of the organization with a case index according to the nomenclature of cases.
4. Title to the text (title of the position). The title to the text includes summary document. The title should answer the question: who? For example, the job description of the HR inspector.
5. Stamp of approval. The document approval stamp is located in the upper right corner of the document. Must consist of the word I APPROVE (without quotes), the title of the position of the person approving the document, his signature, initials, surname and date of approval.
6. Signature of the document developers. Immediately after the text comes the developer's signature, followed by the approval visa. The composition of this requisite includes: the name of the position of the person who compiled and signed the document, personal signature, transcript of the signature - initials, surname. For example, the Head gave the personal signature of A.M. Borisov to the supplies
7. Signature of approval. The document approval stamp consists of the word AGREED, the position of the person with whom the document was approved (including the name of the organization), personal signature, signature decoding (initials, surname) and the date of approval. For example,
AGREED
Head of the legal department of Parus LLC
Personal signature of A.S. Vlasov
the date
Both the developer's signature and approval visas are put on the job description before it is approved.
8. A note about the employee's familiarization with the document. A mark on the employee's familiarization with the document completes the procedure for compiling a job description. This requisite includes: personal signature, signature decoding (initials, surname) and date. For example,
I am familiar with the instructions: personal signature I.M. Perov February 01, 2010

The job description is issued on a common form of A4 format. The form should be made on white paper or light-colored paper. Each sheet of the document must have fields of at least:
20 mm - left;
10 mm - right;
20 mm - top;
20 mm - lower.
Page numbers are placed in the middle of the top margin of the sheet.
The approved instruction (together with the familiarization sheet, if any) is numbered, filed and certified with the seal of the organization or individual entrepreneur. On the back of the last sheet of instructions, an entry is made: “In the job description, so many sheets are numbered, filed” (the number of sheets is in words). The person who approved the job description certifies this record with his signature, puts the transcript of the signature and the date. And finally, the stamp is put.
Only after that, the employer has legal, documented grounds to require the employee to fulfill the duties assigned to him

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In accordance with clause 3 of part 3 of Article 24 of Federal Law No. 79-FZ On the State Civil Service of the Russian Federation (hereinafter referred to as Federal Law No. 79-FZ), the rights and obligations of a state civil servant of the Russian Federation (hereinafter referred to as a civil servant), as well as job regulations are essential terms of the service contract.

Paragraph 2 of Part 2 of Article 47 of Federal Law No. 79-FZ provides that the official regulations include the duties, rights and responsibilities of a civil servant, which are established in accordance with the administrative regulations of the state body, the tasks and functions of the structural unit of the state body and the functional features of the replaced in him the positions of the state civil service of the Russian Federation.

Considering that the job regulations establish the rights and obligations of a civil servant, and also establishes liability for improper performance of official duties, the job regulations are an annex to the service contract.

In accordance with Part 1 of Article 29 of Federal Law No. 79-FZ, at the initiative of the representative of the employer, it is allowed to change the essential terms of the service contract determined by the parties when civil servants continue their professional activities without changing job responsibilities.

In the manner determined by this article of the Federal Law No. 79-FZ, the representative of the employer may change the essential conditions associated with the passage of civil servants in the civil service, which include the organizational and technical conditions necessary for the performance of official duties.

The procedure for changing the essential terms of a service contract related to filling a civil service position, which includes official duties, is not provided for by Article 29 of Federal Law No. 79-FZ.

At the same time, job duties, as noted above, are included in the job regulations, and in connection with which their change implies the introduction of appropriate changes in the job regulations. As a result of a change in the official regulations, a civil service position previously replaced by a civil servant becomes another civil service position in connection with a change functional duties.

In this regard, in our opinion, it is possible to make changes to the official regulations that include the inclusion of other official duties only if organizational and staffing measures are taken in the state body, involving the reduction of the position of the civil service, or by agreement of the parties.

If the changes do not relate to official duties, then in accordance with Art. 29 of Federal Law No. 79-FZ, a civil servant must be notified in writing by a representative of the employer about changes in the essential terms of a service contract no later than two months before their introduction.

If a civil servant does not agree to fill a civil service position and perform civil service in the same state body or another state body in connection with a change in the essential terms of the service contract, the representative of the employer has the right to release him from the civil service position to be replaced and dismiss him from the civil service.

In the event of a written refusal of a civil servant from a civil service position proposed for filling in connection with a change in the essential terms of the service contract, the service contract is terminated in accordance with clause 7 of part 1 of Article 33 of Federal Law No. 79-FZ.

Answer: Why is it necessary to draw up the official regulations of a civil servant.

Job regulations are drawn up for each position state civil service. (Part 1, Article 47 of Law No. 79-FZ).

The provisions of the official regulations, as well as the results of its execution by civil servants, are taken into account, in particular, when:

Conducting a competition to fill a vacant position in the civil service;

Conducting a qualifying examination;

Encouragement of a civil servant;

Evaluation of his professional performance during certification;

Planning professional performance;

inclusion in personnel reserve.

This is stated in parts 3 and 4 of Article 47 of Law No. 79-FZ.

Question from practice: is it possible to make changes to the job regulations.

Yes, you can.

The procedure for drawing up official regulations is established by Article 47 of Law No. 79-FZ. This article does not contain a prohibition on making changes to the drafted job regulations. However, since the procedure for amending the law is not prescribed, the state body has the right to independently decide how to introduce them. For example, it is possible to make changes to the official regulations by drawing up an additional agreement to the existing official regulations.

The basis for amending the official regulations may be the order of the head of the state body.

Supplementary agreement it is advisable to make, for example, in the following cases:

Changes in the official rights and duties of a civil servant, including the imposition of additional duties;

Changes in the name of the state body, structural subdivision (department);

Changes current legislation.

In this case, the civil servant must be notified in writing of the changes being made. And only after he agreed to continue the service, make changes to the job regulations (draw up an additional agreement).

When reorganizing or changing the staffing table, it is also possible to draw up an additional agreement to the official regulations. However, if in this case the name of the position, job responsibilities, the name of the unit and the functions assigned to it change at the same time, then the job regulations need to be redrawn.

Often, the employer needs to amend the employment contract with the employee. There can be many reasons for this (for example, transfer to another position, job or change in wage conditions). Is it necessary to conclude an additional agreement with the employees to the employment contract? Is there a universal template for such an agreement? Is it possible to conclude an additional agreement to change salaries? You will find answers to these and other questions in our article.

Introductory information

What can be changed

In an employment contract, you can change both mandatory (parts 2, 3 of article 57 of the Labor Code of the Russian Federation) and additional conditions of an employment contract (parts 4.5 of article 57 of the Labor Code of the Russian Federation). In any case, you need to draw up an additional agreement to the employment contract. Let us explain what can be related to mandatory, and what to additional conditions labor.

Mandatory conditions

Additional terms

place of work; labor function; date of commencement of work; when concluding a fixed-term employment contract, the term of its validity and the circumstances that served as the basis for its conclusion; terms of remuneration; working hours and rest time (if different from those generally established in the organization); compensation for hard work and work with harmful and (or) dangerous working conditions; conditions that determine the nature of work (mobile, traveling, on the road, other nature of work); working conditions in the workplace; condition of compulsory social insurance.

information about the clarification of the place of work and the workplace; about the test; on non-disclosure of legally protected secrets (state, official, commercial and other); on the obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; on the types and conditions of additional employee insurance; on improving the social and living conditions of the employee and his family members.

Additional agreement on transfer to another position

In order to transfer an employee to another position, you can draw up an additional agreement and indicate in it which position the employee is being transferred to and from what date this change begins to take effect.


Also keep in mind that the employer will need to issue an order to transfer the employee to another job.