If the job title has changed. Changing a position in the staffing table: procedure

Due to changes in the staffing table, several positions were renamed, for example, from “forwarding driver” to “car driver”. How to format this correctly? Is there a transfer of an employee from one position to another in this case?

Having considered the issue, we came to the following conclusion:

When renaming positions without changing the job function, transfer to another job does not occur. When renaming positions, it is necessary to make changes to, and make a corresponding entry in the work book.

Rationale for the conclusion:

According to Art. 57 of the Labor Code of the Russian Federation, an element of an employment contract is the employee’s labor function - work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee.

As a rule, the title of the position changes simultaneously with the change in the scope of job responsibilities. In such a situation, the employee is transferred (Article 72.1 of the Labor Code of the Russian Federation).

However, in the situation under consideration, as follows from the question, the list of job responsibilities of employees, that is, the very content of the labor function, does not change; it is planned to change only the names of positions. We believe that in such a situation we are not talking about a change in the labor function of workers (Generalization of cassation and supervisory practice of the Irkutsk Regional Court on claims for reinstatement at work for 2007 and the first half of 2008).

However, both a complete change in the title of a position and a partial change, even if the content of the employee’s labor function remains unchanged, is a change in the terms of the employment contract.

By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of an employment contract are allowed only by agreement of the parties in writing, with the exception of cases provided for by the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation establishes exceptional cases when changes to the terms of an employment contract are allowed at the initiative of the employer. So, according to Art. 74 of the Labor Code of the Russian Federation, at the initiative of the employer, it is allowed to change any condition of the employment contract, except for the employee’s labor function, if the previous condition cannot be maintained for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons ). The employer is obliged to notify the employee in writing of the upcoming changes to the conditions of the employment contract determined by the parties, as well as the reasons that necessitated the need for such changes, no later than two months in advance (part two of Article 74 of the Labor Code of the Russian Federation).

Within the meaning of Art. 74 of the Labor Code of the Russian Federation there must be a cause-and-effect relationship between changes in organizational or technological working conditions and the need to change the terms of the employment contract.

In the event of a dispute, the employer is obliged to provide evidence confirming that the change in the terms of the employment contract determined by the parties was a consequence of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of workplaces based on their certification, structural reorganization of production, and did not worsen the employee’s position in comparison with the terms of the collective agreement or agreement (clause 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

In our opinion, it is quite difficult to imagine such organizational or technological changes in working conditions under which the previous job title could not be retained. Therefore, if such circumstances do not exist, the employer should invite employees to enter into written agreements with him to amend the terms of the employment contract regarding the title of the position.

Changing the name of a position entails the need to make 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 No. 1 (hereinafter referred to as Resolution No. 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. The effective date of the amended staffing table must coincide with the date specified in the notification (if the name of the position is changed in accordance with Article 74 of the Labor Code of the Russian Federation) or in the agreement of the parties (if the position is renamed in accordance with Article 72 of the Labor Code of the Russian Federation).

According to part four of Art. 66 of the Labor Code of the Russian Federation, information about the employee and the work he performs is 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 of October 10, 2003 N 69 (hereinafter referred to as the Instructions).

In accordance with clause 10 of the Rules, all entries about 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, the name of the position (job), specialty, profession with an indication of qualifications is indicated, as a rule, in accordance with the organization’s staffing table.

According to the same paragraph of the Instruction, changes and additions made in the prescribed manner to the organization’s staffing table are brought to the attention of employees, after which appropriate changes and additions are made to their work books on the basis of an order (instruction) or other decision of the employer. The Instruction does not provide for specific wording of the entry in the work book in connection with a change in the name of the position, if such a change did not entail a change in the employee’s labor function (job responsibilities).

We believe that in the case under consideration, the employer should, on the basis of an order to amend the staffing table, make an entry in the work book about the renaming of the position (for example, such an entry may look like this: “The position of “forwarding driver” has been renamed to “car driver”, and in Column 4 indicates the basis for the renaming - the employer’s order to change the staffing table, its date and number.) A similar entry must be made in the employee’s personal card, form T-2, approved by Resolution No. 1.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Soloviev Oleg

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

The material was prepared on the basis of individual written consultation provided as part of the service

Renaming a position without changing the job function (example)

An employee’s position is not just his designation as a labor unit, but also a “career step”, a certain status in a particular enterprise and in society in general. When an employee represents his company in relations with partners, he also names his position, which should inspire respect and trust in the other party. Therefore, sometimes companies that attach great importance to this come to the conclusion that it is necessary to give the employee’s position a different name. In this article we will look at how to rename a position without changing the job function, and an example of such a renaming.

Position and job function

The employer is free to name positions at his own discretion, only if the provision of benefits and compensation to employees does not depend on the name of the position. In this case, you must be guided by the Handbook, approved. Resolution of the Ministry of Labor dated August 21, 1998 N 37.

The employee’s labor function - a set of labor tasks that are assigned to him - is fixed in the employment contract and is consistent with the name of the corresponding position in the staffing table. The job title is a characteristic of the job function. It turns out that changing the job title also entails changing the job function. What if nothing really changes?

First, let's figure out what will be a change in the labor function. These may be considered:

• change of a certain type or all types of work;
• addition of types of work with new labor tasks;
• exclusion of any type of work, etc.

Such changes can be made only with the consent of the employee with mandatory notification of this at least two months in advance. Since the terms of the employment contract change, an additional agreement must be concluded between the parties.

The name of the position is also an essential condition of the contract, and if the changes affected only the position, but the labor function remained the same, an additional agreement is still concluded. At the same time, the renaming of a position can be justified by a change in organizational or technological working conditions.

Step-by-step instructions for renaming a position

There are two ways to change the job title of a specific employee without changing his job function:

• change the name of the position in the staffing table and employment contract;
• transfer the employee to a new position, which is either available in the staffing table or is added to it.

We will consider the first situation.

So, in the store owned by Romashka LLC, there are two salespeople working. The employer, having decided to “modernize” the positions in its staffing table, wished to rename the salespeople as sales managers. To do this, he needs to take the following steps.

Step 1. Preparing a rationale for renaming the position without changing the job function. Example - “due to an increase in sales volumes.” This step should not be underestimated, because inadequate justification for changes may serve as grounds for declaring them illegal.

Step 2. Written notification to the employee of upcoming changes two months before renaming the position, done in one of the following ways:

• in person with signature upon receipt;
• by letter to the employee’s place of residence.

The notification must indicate the essence, reasons for the changes and the date of their entry into force, as well as a proposal to conclude an additional agreement.

Proper notice to the employee is also fundamental to making the changes legal.

Step 3. Concluding an additional agreement with the employee, in which the clause of the employment contract containing the name of the position is given in a new edition.

Step 4. Issuing an order to amend the staffing table. It must contain the details of the relevant additional agreement to the employment contract with the employee.

Step 5. Making entries in personnel documents - the employee’s personal card and work book. The entry on the renaming of the position is made in the work book by analogy with the entry on the renaming of the company: “The name of the position “salesman” from DD.MM.YYYY has been changed to “sales manager.”

Compliance with the given procedure will ensure the legality of the changes, and the former “salesman” can safely be called a “sales manager”.

In order to keep up with rapidly changing trends in the work environment, the management of a particular organization is renaming job titles. Agree, it would seem strange if a stylist or hairdresser in the 21st century were still called a barber, and cooks were still called cooks. The same thing happens with regular professions, but the renaming process has some nuances. How to prepare the necessary documents?

Is it possible to rename a position in the staffing table?

How to rename a position without changing the job function?

The title of the job position acts as the main component of the labor function of the personnel - what he works with. Thus, a change in job title is followed by a change in job function, which means that in fact there is a transfer to another job position. How can this be avoided?

When adjusting job titles, it is imperative to indicate innovations in the employment contract, staffing table, as well as information entered into the work book.

If the renaming of the job position changes along with the list of powers and responsibilities, then registration of the employee’s transfer is inevitable. But there are cases when, in fact, nothing except the name changes.

Let’s say V. Slozhenitsky, formerly an ordinary janitor, was renamed “personnel cleaning.” Then it's possible:

• Drawing up a notice of renaming an employee’s job position in the staffing table without changing his work functions. Within two months, the employer is obliged to familiarize the subordinate with the notice (the document must be secured with signatures);
• Drawing up an additional agreement on the introduction of new conditions in the employment contract;
• Drawing up an order document in which it is necessary to clearly describe what is being replaced by what;
• Making a corresponding entry in the employee’s work book.

This way you can avoid issuing a transfer order, that is, changing your work function.

Procedure for renaming a position

When management decided to replace job titles - rename them, 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 adjust the job title;
• entering innovations into the staffing table and “service record”.

The voluntariness of the employee himself, in relation to whom these “reforms” are taking place, is important. If he has given his permission, then the employer interested in this must:

• Draw up a notification statement about the renaming of the “post” he occupies. Moreover, the entry into legal force of the document begins after the employee writes “AGREE” and signs;
• Draw up an additional agreement to the employment contract, where the position title 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;
• Write in the labor record: “The job title “janitor” has been changed to “cleaning staff.”

If an employee refuses the ongoing “reforms”, the points provided for .

How to rename an employee's position

The law does not provide for a strict procedure for renaming an official position.

Let us imagine the most common scenario for the development of events in this procedure:

• It is necessary to introduce a new title of the required profession into the staffing table;
• Inform the subordinate whose position is to be renamed by having him sign the notice and a copy of the agreement (he can either agree or refuse);
• Issue an order. The latter is considered the main document confirming the change of the employee’s job title;
• Such an order will officially save information in employee cards in the “Work book” and “Position held” tabs;
• Next, it is important to formalize the transfer of the employee to a formally new job (according to the law, the procedure for changing the name of a job position is a transfer to another job). Thus, the previous position is removed from the staffing table.

Order to rename a position - sample

In this order, control over compliance with its provisions is the responsibility of the employer. In order to insure against unforeseen circumstances, it is recommended to draw up the document in duplicate.

Sample notice of renaming a position

protects the employed population: if the personnel refuses the proposal to rename the position, they will find another type of activity in this enterprise. If none of the prospects suits him, then soon instead of a notice he will have to sign a termination of the employment contract, namely, dismissal is coming. Therefore, employees are recommended to immediately agree to the demands 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 manager within a strictly limited period - one week (from the date of the order).

It is also necessary that the information entered in the work book coincide with the main point of the order.

It is indicated that this procedure is legal, it will only require a procedure on the part of the employer’s administration - notifying the employee himself, issuing an order, etc.

What is renaming?

Renaming a position implies changing the name of the position itself, but the employee will not feel the difference - the previous work schedule is maintained, the responsibilities themselves do not change, the working conditions remain the same, and the official salary also does not undergo any changes.

Changing the name of an official staff unit, no matter what caused it, at the request of Art. 57 of the Labor Code of the Russian Federation entails a number of procedures. In particular, the instructions for filling out work books (in clause 3.1 of Instruction No. 69) provide for the exact correspondence of the entry, including with regard to the position title, to the staffing table.

In what cases is it necessary to change the title of a position in the schedule?

Sometimes circumstances develop in such a way that the enterprise is forced to change the very wording of the name to a different one (Article 74 of the Labor Code of the Russian Federation). Renaming a position may be necessary in the following cases:

• the structure of the enterprise changes due to reorganization - new departments and positions are introduced, or vice versa, they are reduced;
• the position for which the employee was once hired is not included in the current version of the Classifier of Professions and Positions;
• Due to the introduction of more modern technology, the position of some employees is undergoing changes, etc.

ATTENTION: Is it important for an employee to know that his position is called differently? Yes, this is important, because on the basis of Art. 57 of the Labor Code of the Russian Federation, adjustments will be made to the TD, as well as personnel documents.

Procedure for changing the name in the staffing table

How to make changes to the staffing table? The algorithm for adjusting the job title in the company's state code proceeds as follows:

ATTENTION: Before issuing an order, the employee should be notified of the upcoming changes, and this must be done in writing, with the notification delivered under a personal signature and within the time limits provided for by Art. 74 Labor Code of the Russian Federation.

It is important to explain to the employee that neither his job function, nor working conditions, nor earnings will change. And only after receiving confirmation of the employee’s positive reaction can you issue an order without fear of disagreement. In this case, the staffing table does not have to be changed; it can only be adjusted in accordance with the order.

Based on Part 2 of Art. 57 of the Labor Code of the Russian Federation, it will be necessary to adjust the employment contract by drawing up an additional contract. agreement (Article 72 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 72. Changes in the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

The last stage, as stated in paragraph 3.1 of the Instructions..., approved. Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 is to enter the relevant information into the work book and personal card.

What documents accompany the procedure?

The procedure for renaming a position involves drawing up the following documents:

• personal notification;
• an order to adjust or change the staffing table;
• add. agreements to TD.

These are simple papers, but their timely execution is very important.

How are these documents compiled and what is their content?

There are no specific instructions in legislative acts regarding the preparation of such documents; the simplest wording will do.

Notification

This message is addressed to the employee indicating his position indicated in the TD. It is important to set the release date of the document. The text is compiled in the following manner: In accordance with Art. 74 of the Labor Code of the Russian Federation, we notify you that due to changes in the organization of work, changes are being made to the TD such and such, from such and such a date, regarding the name of the position you occupy.

The clause of such and such TD will be stated in the following wording: “The employee is hired for the position of such and such.” All other terms and conditions of the TD remain the same.

IMPORTANT: If you do not agree to such changes, the company must employ you in another job that matches your education and qualifications (if there are vacancies), otherwise the TD will be terminated (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).”

This notification is signed by one of the managers, and below his signature it should be printed that “notification received”, indicating the date and signature of the notified employee, then - Continue working under the new terms of the TD - and leave a space to record the employee’s decision (agree or disagree) , date, signature and full name of the employee.

Example notification:

Order

Such an order is drawn up in the same way as any other - in the center is the word “Order”, below is the registration number, date, then from the paragraph on the left is a brief summary, in our case - On changing the staffing table, and then - the body of the order itself.

In the first paragraph, it should be indicated that due to such and such circumstances, such and such positions should be renamed. In the second paragraph, it is necessary to specify who is entrusted with adjusting the staffing table and by what date; then it is important to clarify from what moment the changes take effect (most logically, from the 1st day of the next month).

IMPORTANT: Before the date of entry into force of the adjusted version of the staffing table, the personnel inspector or the person charged with his duties must complete the accompanying papers.

Renaming positions will require the preparation of some documents for the enterprise, this will especially affect the employee on personnel issues. Having explained to employees that changing the title of a position is essentially a formality, since neither earnings nor working conditions change, such a procedure will not entail any resistance, but all documents must be drawn up in a timely and correct manner.

Notification

On changing the terms of the employment contract determined by the parties

Customer Service Specialist E.P. Rykina

In accordance with Art. 74 of the Labor Code of the Russian Federation, we hereby notify you that due to changes in technology and work organization of employees of the customer service department caused by the purchase of new telephone and computer equipment, the terms of the employment contract concluded with you dated March 19, 2010 N 45-td are changing regarding the job title. According to these changes, clause 10 of the above employment contract will be stated in the following wording: “The employee is hired as a Call Center Operator.” All other terms of the employment contract dated March 19, 2010 N 45-td, including those relating to wages payments (clause 12) and labor functions (clause 11) remain unchanged.

The changes specified in this Notice will come into force two months after you become familiar with its text.

We also inform you that, if you do not agree to continue working under the new conditions, the company is obliged to offer you another job that matches your qualifications and health status. If there is none, you may be offered a lower position or a lower paid job, which you could perform taking into account your existing qualifications and health status. This job is offered subject to availability in the company. In the absence of such or if you disagree with the proposed work, the employment contract is subject to termination in accordance with clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.

We ask you to inform HR Manager Elena Solovyova about your decision on the possibility of continuing work under new conditions by December 15, 2010.

Director of Raritet-Service LLC K.I. Nikonov Notification received "__" _____ 2010 _____________ /Rykina E.P./ Continue to work under the amended terms of the employment contract ___________ "__" _____ 2010 __________ /Rykina E.P./