This job description has been developed in accordance with the provisions Labor Code Russian Federation, professional standard"HR Manager" (code G, skill level - 7) approved by order of the Ministry of Labor and social protection of the Russian Federation dated October 6, 2015 No. 691n, and other regulations governing labor relations in the Russian Federation.

From July 1, 2016, organizations will have to apply professional standards, if the labor code, other federal laws, other regulatory legal acts establish requirements for the qualifications necessary for an employee to perform a certain labor function(Part 1 of Article 195.3 of the Labor Code of the Russian Federation as amended from July 1, 2016).

Possible job title:

Head of the structural division.
Head of structural division.
Heads of divisions (services) of personnel management and labor relations.
Head of personnel department.
Head of department of organization and remuneration.
Head of personnel training department.
HR manager.

Generalized labor function:

Operational management of personnel and division of the organization.

Labor functions:

Development of an operational personnel management system and the work of a structural unit.
Implementation of operational personnel management and the work of the structural unit.
Administration of processes and workflow for the operational management of personnel and the work of a structural unit.

Education and training requirements:

Higher education - specialty, magistracy.

Additional professional education— professional retraining programs in the field of personnel management, operational and tactical management; professional development programs in the field of personnel management, operational and tactical management.

Practical experience requirements:

At least five years in the field of personnel management.

Note:
An employee who was previously hired and does not meet the requirements of the professional standard for his position cannot be dismissed. In the event that the level of his education is below the required level, he needs to continue his education and develop an individual training program.

In the event that an employee refuses to improve their qualifications or receive additional education, it is possible to dismiss him on the basis of the results of certification. This can be done if his consent is not obtained or the employer does not have the opportunity to offer him a vacancy corresponding to his specialty and qualifications (clause 3 of the first article 81 of the Labor Code of the Russian Federation).

Note that if the employee conscientiously fulfills his labor duties, and even more so has passed the certification, the employer has no reason to dismiss him.

APPROVE
General Director of ZAO AAA
_____________ A. A. Ivanov

"___"_______________ 2019

JOB DESCRIPTION
head of personnel department

1. GENERAL PROVISIONS
1.1. This job description defines functional responsibilities, rights and responsibility of the head of the personnel department of AAA CJSC (hereinafter referred to as the "Organization").
1.2. The head of the personnel department belongs to the category of managers.
1.3. The head of the personnel department is appointed to the position and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the Organization.
1.4. The head of the personnel department reports directly (to the director, head of the service, other official) ________________ of the Organization.
1.5. A person with a higher professional education (specialist, master's degree) and additional professional education - professional retraining programs in the field of personnel management, operational and tactical management is appointed to the position of head of the personnel department; professional development programs in the field of personnel management, operational and tactical management, and the requirement for work experience: at least five years in the field of personnel management.

1.6. The head of the HR department should know:
— labor legislation and other acts containing labor law norms;
— fundamentals of the tax legislation of the Russian Federation;
— the fundamentals of archival legislation and regulatory legal acts of the Russian Federation, in terms of maintaining documentation on personnel;
— the basics of the migration legislation of the Russian Federation, in terms of attracting and employing foreign citizens and stateless persons;
— fundamentals of administrative legislation in the field of personnel management and responsibility of officials
— legislation of the Russian Federation on the protection of personal data;
- basics legal regulation the Russian Federation on the procedure for concluding civil law contracts;
– fundamentals of general and social psychology, sociology and psychology of labor, labor economics, safe conditions labor;
— normative legal acts regulating the rights and obligations of state bodies and organizations to provide accounting documentation;
— basics of documentation support;
- basics production activities organizations;
— labor economics;
— the theory of personnel management and its motivation;
— theories and methods of personnel development management;

- technology operational management the staff of the organization;
— systems of standards for business processes, professions, labor standards;
— systems, methods and forms of material and non-material incentives for the work of personnel;
— local regulations of the organization in the field of personnel management;
— personnel management policy and social policy of the organization;
- goals, development strategy and business plan of the organization;
- organizational and staffing structure of the organization;
— technologies and methods of formation and control of budgets;
— requirements and rules for conducting an audit of work with personnel;
— methods, methods and tools of personnel management;
— methods for analyzing the quantitative and qualitative composition of personnel;
— methods for managing the development and effectiveness of the organization, methods for analyzing the implementation of plans and programs, determining their economic efficiency;
— methods for evaluating the work of structural units, the results of personnel work;
— methods of auditing and controlling operational management processes;
- methods for analyzing the implementation of plans and tasks, determining their economic efficiency;
- methods of planning and forecasting the need for personnel;
— forms and methods for assessing personnel and the results of their work;
— forms and systems of material and non-material incentives for the work of personnel;
— forms of social partnership and interaction with trade unions and other representative bodies of workers, and other organizations;
- the procedure for drawing up personnel documents and giving them legal force;
– the procedure for conducting procurement procedures and processing related documentation;
- the procedure for concluding agreements (contracts);
- the procedure for registration, maintenance and storage of documentation on the systems of operational management of the personnel of the organization and the work of the structural unit;
- the procedure for the formation, maintenance of a data bank and reporting on operational personnel management systems and the work of a structural unit;
— the procedure for settling labor disputes;
- basic foundations of computer science, structural construction of information systems and features of working with them;
— norms of ethics of business communication.

1.7. The Head of Human Resources must be able to:
 implement a strategy for personnel management;
 apply methods of operational management of the organization's personnel;
 apply methods of managing interpersonal relationships, team building, leadership development and
 diligence, identifying talents, determining job satisfaction;
 organize the work of the personnel of the structural unit;
 determine the tasks of the personnel of the structural unit, based on the goals and strategy of the organization;
 determine the areas of responsibility and work efficiency of the personnel of the structural unit, distribute tasks and provide material and technical resources for their implementation;
 determine the performance indicators of the personnel of the unit;
 determine, analyze, model and build internal communications of the personnel;
 analyze, develop and draw up documents on operational processes and their results;
 draw up plans for the activities of the structural unit of the organization;
- create and describe organizational structure, goals, objectives, functions of the structural unit;
 manage the motivation of the staff, its involvement and labor discipline;
 draw up documents on the operational management of personnel and the work of the structural unit, provided in government bodies, representative bodies of workers;
 provide documentation support for operational personnel management systems and the work of the structural unit;
 organize the storage of documents in accordance with the requirements of the labor and archival legislation of the Russian Federation and local acts of the organization;
 organize and conduct corporate events with staff;
 analyze the current activities of the structural unit and implement procedures for its optimization;
 audit the results of work with personnel;
- conduct an audit personnel processes, procedures, execution of personnel documents and documents on personnel management;
- develop project proposals and activities for effective work personnel;
 develop programs for achieving goals and promptly solving problems of departments;
 draw up, calculate, adjust and control personnel cost items, develop proposals for personnel costs for budgeting;
 control the execution of instructions and tasks, make timely corrections to plans and tasks;
 control the processes of personnel management of departments, determine their effectiveness and identify factors of deviations from the planned parameters;
- control the expenditure of budgets for personnel;
 control the execution of contracts of service providers on personnel issues;
 represent the interests of the organization and negotiate with trade unions and other representative bodies of employees, interact with government organizations;
 Negotiate with service providers on the terms of contracts;
 analyze information on service providers in the field of personnel management and on the terms of contracts;
 carry out preliminary procurement procedures and draw up related documentation for the conclusion of contracts;
 keep records and registration of documents in information systems and on physical media;
- conduct business correspondence;
- work with information systems and databases on personnel management issues;
 comply with the norms of ethical business communication.

1.8. During the period of temporary absence of the head of the personnel department, his duties are assigned to ___________________________.

2. FUNCTIONAL RESPONSIBILITIES
The Head of Human Resources has the following responsibilities:
2.1. Development of a system of operational personnel management and the work of the personnel department.
2.2. Implementation of operational management of personnel and personnel department.
2.3. Administration of processes and workflow for the operational management of personnel and the work of the personnel department.
2.4. Participates in the development of current personnel plans.
2.6. Compile prescribed reports.

3. JOB RESPONSIBILITIES
To perform the functions assigned to him, the head of the personnel department must:
3.1. Analyze successful corporate practices on the issues of strategic and operational management of the organization's personnel.
3.2. Set operational goals for personnel management.
3.3. Develop plans, programs and procedures in personnel management.
3.4. Develop proposals for the structure of the unit and staffing needs.
3.5. Develop proposals for staffing, the formation of assessment systems, development, remuneration, corporate social programs and social policy.
3.6. Develop cost proposals and staff budgeting.
3.7. Develop proposals for the conclusion of contracts for personnel management with service providers and conduct preliminary procedures for their conclusion.
3.8. Plan the activities of the department and staff.
3.9. Perform day-to-day management of the organization's personnel.
3.10. Calculate costs for the department and prepare proposals for budgeting.
3.11. Develop standards for the activities of the unit and unify processes.
3.12. Conduct safety training.
3.13. To carry out the setting of tasks for employees of the structural unit, the definition of resources for their implementation, control of execution.
3.14. Analyze the plans and reporting of subordinate employees, develop proposals for improving the performance of the unit.
3.15. Generate reports on the work of the structural unit.
3.16. Analyze workflow processes, local documents on operational personnel management and the work of a structural unit, business processes of the organization, staff satisfaction.
3.17. To carry out documentation of the results of operational personnel management and the work of the structural unit, the results of the audit of work with personnel.
3.18. Prepare proposals for the development of operational personnel management systems and the work of the structural unit, for the necessary corrective and preventive measures.
3.19. Develop systems for analyzing and monitoring the work of personnel.
3.20. Carry out control, comparison and analysis of processes in the field of operational personnel management, the results of management activities, identify factors that cause deviations from planned indicators.
3.21. Prepare and process requests, notifications, information about employees to state bodies, trade unions, public organizations.
3.22. Provide support for service contracts on operational personnel management and the work of a structural unit, including preliminary procedures according to their conclusion.
3.23. Prepare proposals for the formation of the budget for the organization's personnel.
3.24. Comply with the requirements for storing information on the results of the operational personnel management systems and the work of the structural unit.

4. RIGHTS
The head of the personnel department has the right to:
4.1. Get acquainted with the draft decisions of the management of the enterprise relating to its activities.
4.2. Submit proposals for improvement of the work related to the responsibilities stipulated by this Instruction for consideration by the management.
4.3. Receive from the heads of structural divisions, specialists information and documents on issues within its competence.
4.4. Involve specialists from all structural divisions of the enterprise to solve the duties assigned to it (if this is provided for by the provisions on structural divisions if not, with the permission of the head of the enterprise).
4.5. Enter into relationships with departments of third-party institutions and organizations to resolve operational issues of production activities that fall within the competence of a personnel specialist.
4.6. Represent the interests of the Organization in third-party organizations on issues related to his professional activities.
4.7. Require the management of the enterprise to assist in the performance of its official duties and right.

5. RESPONSIBILITY
The Head of Human Resources is responsible for:
5.1. For non-fulfillment (improper fulfillment) of their official duties provided for by this Job Description, within the limits determined by the labor legislation of the Russian Federation.
5.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.
5.3. For causing material damage - within the limits determined by the labor, criminal and civil legislation of the Russian Federation.
5.4. Failure to comply with orders, orders and instructions of the head of the Organization.
5.5. For violating the rules of the internal work schedule, fire safety rules, safety regulations, labor protection standards established in the Organization.
5.6. For disclosure of information containing personal data of employees and confidential information (constituting a trade secret).

6. WORKING CONDITIONS
6.1. The mode of operation of the head of the personnel department is determined in accordance with the Internal Labor Regulations established in the Organization.
6.2. In connection with the production need, the Head of the Human Resources Department is obliged to go on business trips (including local ones).
6.3. Job evaluation:
- regular - carried out by the immediate supervisor in the process of execution by the head of the personnel department of his labor functions;
— __________________________________________________________________________.
(indicate the procedure and grounds for other types of performance evaluation)

7. RIGHT OF SIGNATURE

7.1. To ensure its activities, the head of the personnel department is given the right to sign organizational and administrative documents on issues that are part of his functional duties.

__________________________ ______________ ______________________
(head position) (signature) (full name)

"___"____________ ____ G.

AGREED:
Legal Counsel _________________ _______________________
(signature) (full name)

"___"___________ ____ G.

I am familiar with the instructions ________________ ___________________
(signature) (full name)

The life of a personnel officer from July 1, 2016: professional standards

*This material is over three years old. You can check with the author the degree of its relevance.

The life of a personnel officer from July 1, 2016: professional standards

A new procedure for the application of professional standards: the right or obligation of the employer?

What awaits employers after July 1: the concept of professional standards and their application in practice.

For almost a year (since May 2015), personnel officers and those involved experienced slight jitters, and closer to the date - sacred horror from the imminently approaching date July 1, 2016. It was with her that the legislator connected the entry into force of Art. 195.3 of the Labor Code of the Russian Federation, which only regulated the procedure for applying professional standards.

By the way, the concept of professional standards appeared in the Code a long time ago and did not cause panic (and did not even attract attention to itself). Here's how to apply...

I think that only an Internet user who is far from personnel issues during this year did not notice loud announcements: “Obligation of professional standards after July 1 for all employers”, “Obligation of employers to retrain employees at their own expense after July 1”, “Dismissal of employees who do not meet professional standards”, etc.

What prompted this sudden excitement and anxiety?

In what cases are professional standards mandatory for application?

The “bone of contention” was part 1 of article 195.3 of the Labor Code of the Russian Federation, which literally reads: if this Code, other federal laws, other regulatory legal acts of the Russian Federation establish requirements for the qualifications necessary for an employee to perform a certain labor function, professional standards in terms of these requirements are mandatory for employers to apply.

It was the phrase “other regulatory legal acts of the Russian Federation” that gave reason to assert that professional standards will be mandatory for use by almost all employers, since professional standards are regulatory legal acts approved by orders of the Ministry of Labor of the Russian Federation that establish qualification requirements, which means that they are the very "other regulatory legal acts of the Russian Federation", by virtue of which professional standards become mandatory.

Only on April 5, 2016, the Ministry of Labor and Social Protection of the Russian Federation, which had been watching the disputes between supporters and opponents of the "mandatory" professional standards for almost a year, took an official position, taking on the task of correcting the legislator's flaws.

Thus, in the Information on the Application of Professional Standards, the Ministry of Labor of the Russian Federation explained that “other regulatory legal acts of the Russian Federation” should be understood as resolutions and orders of the Government of the Russian Federation, orders of federal executive bodies that establish special requirements for employees that are of a regulatory legal nature.

Orders of the Ministry of Labor of the Russian Federation, approving professional standards, should not be classified as “other regulatory legal acts” for the purpose of resolving the issue of mandatory professional standards.

Developing its idea of ​​obligation, the Ministry of Labor and Social Protection of the Russian Federation has designated two cases of mandatory professional standards:

1. If the Labor Code of the Russian Federation, other federal laws are connected with the performance of work in positions, professions, specialties provision of compensation, benefits or restrictions (Article 57 of the Labor Code of the Russian Federation) - professional standards are mandatory in terms of job titles and qualification requirements.
2. If the Labor Code, other federal laws, other regulatory legal acts (note - the content of the concept is discussed above) requirements for the qualifications of employees are established (Article 195.3 of the Labor Code of the Russian Federation) - professional standards are mandatory in terms of qualification requirements.

Let us understand what is meant in the first case of obligation. This is work in those positions, according to professions and specialties, in the course of which employees are provided with: reduced working hours, additional leave (for example, medical, pedagogical workers), the right to early appointment of a labor pension (Lists No. 1 and No. 2), additional payment.

At the same time, it should be borne in mind that additional payments and guarantees provided for work in harmful and dangerous working conditions according to the results special evaluation working conditions (or attestation of workplaces) do not lead to mandatory professional standards. These guarantees are associated with the harmfulness of a particular workplace, and not with the occupation of a certain position, work in a profession, specialty. Although, of course, often these reasons coincide.

The second case of obligation is associated with the legal requirement for the level of education and length of service of the employee. For example, part 4 of Article 7 of the Law “On Accounting” dated December 6, 2011 No. 402-FZ establishes that Chief Accountant open joint stock companies (with the exception of credit institutions) must have a higher education and work experience related to the management accounting, preparation of accounting (financial) statements or with auditing activities, at least three years out of the last five calendar years, and in the absence higher education in the field of accounting and audit - at least five years of work experience out of the last seven calendar years.

Here is the case when the law establishes the requirements for the qualification of an employee. This means that the professional standard in relation to the chief accountants of joint-stock companies will be mandatory.

Thus, when comparing the scope of mandatory professional standards with the current qualification reference books, it should be noted that professional standards are mandatory for a wider range of positions, professions, specialties. This difference in spheres of influence was formed due to Article 195.3 of the Labor Code of the Russian Federation, which expanded the boundaries of the mandatory application of professional standards.

At the same time, it is very important to note that for most positions, professions, specialties, professional standards are still advisory in nature likewise qualification guides. The presence of a professional standard does not automatically entail its obligation!

The issue of application of professional standards in terms of the labor functions of employees described in them deserves special attention. The idea of ​​employers that the mandatory professional standard is mandatory in full is incorrect.

Even in cases where professional standards are mandatory, they are mandatory for application only in terms of job titles and qualification requirements.

Determining the scope of official powers and a set of labor functions - exclusive right employer. It follows that the employer is not at all obliged to use the professional standard as an unconditional guide to action and, with its approval, revise employment contracts and job descriptions. If the employer is satisfied with the scope of labor functions that he assigned to the employee, even if the professional standard prescribes a larger or smaller scope of functions, the employer is not obliged to adjust labor contract(job description). The latter, however, does not mean that the employer is not entitled to do so. The approved professional standard can be a good help for the formation of a new job description with a description of those labor functions that the employer did not take into account and are borrowed from the professional standard.

In this way, the use of a professional standard in terms of the application of the labor functions described in it is a right, not an obligation of the employer.

Other relevant articles on labor law:

How to start using professional standard

Consider the most common situation in practice - professional standards are not mandatory within the meaning of Art. 57 or 195.3 of the Labor Code of the Russian Federation, however, the employer intends to introduce them at the enterprise, bringing the names of positions and the functionality of employees into line. The reasons for this can be very diverse: the desire to comply with the requirements of the changed legislation, the instructions from the higher ministry received “from above” (often this reason is relevant for state employees), the fear of being held administratively liable, the order of the Labor Inspectorate (sometimes this).

The procedure for introducing a professional standard at an enterprise is not established by law. Each employer independently determines the algorithm for the implementation of professional standards, taking into account the local regulations and Art. 8 of the Labor Code of the Russian Federation.

Such a procedure can be suggested as a guideline.

1. Issuance of an order on the mandatory application of the professional standard N.

1. from the moment of issuing the order, start applying the professional standard N;
2. replace the previous job title with N (if the application of the professional standard requires changing the job title);
3. HR department to prepare for the deadline:

• new edition staffing in connection with a change in the name of the position;
• additional agreements to employment contracts with full name and full name replacing the renamed position;
• the new version of the job description, taking into account the provisions of the professional standard, to acquaint the employees filling positions with its content (list those involved).

2. Prepare additional agreements for employment contracts with specific employees by changing the name of the position, and if the text of employment contracts contains a description of the functionality that is planned to be changed, then reflect these changes in additional agreements.

3. Taking into account the provisions of the professional standard, change the job description. It will change in terms of the title of the position. If the professional standard is “wider” in terms of functionality than the previously existing job description, then it would be reasonable to expand the instruction.

4. Updated job description in accordance with Art. 8 of the Labor Code of the Russian Federation must be approved for use by order of the head. Accordingly, a second order is issued - on the approval of the job description.

5. Signing additional agreements with employees, familiarization with the newly approved job description.

6. Statement p rikaz of the leader staffing list containing an indication of the position with a new name.

The described sequence of actions is dictated by the fact that the decision to change the name of the position and the content of the labor function depends on the will of the employees to sign additional agreements.

If employees refuse to make changes to the employment contract and to familiarize themselves with the extended job descriptions, the employer has no right to oblige them to do this. In this case, the employer does not have the right to unilaterally change the employment contract in accordance with Art. 74 of the Labor Code of the Russian Federation due to the direct prohibition of the article to change the labor function of an employee.

It follows that it is possible to carry out the changes described above only in accordance with Art. 72 of the Labor Code of the Russian Federation by signing additional agreements with employees.

In fairness, it should be noted that in the practice of the courts there are decisions that recognize the employer as right when “specifying” the employee’s labor function in connection with the approval of the professional standard. However, there is a fine line between concretization and change in the labor function of an employee, which can easily be violated. Therefore, an employer who decides to unilaterally change the employee's labor function in connection with the introduction of a professional standard should understand and accept the risks of recognizing their actions as illegal.

As part of the labor practice, INTELLECT-S offers a complex legal services related to labor law and aimed at protecting the interests of the employer:

HR management, downsizing, labor law, labor disputes

How to transfer an employee from a part-time 4-hour day to a full-time 8-hour day?

Answer

The transfer is carried out according to the general rules for changing the employment contract.

Work on a full or part-time basis is included in the concept of working time. In turn, the working time regime refers to the mandatory terms of the employment contract, which can be changed only by written agreement between the employee and the employer. Similar rules are defined by Part 2 of Art. 57, art. 72, art. 100 of the Labor Code of the Russian Federation.

It should be noted that if the employee refuses to switch to another mode of work, it will be possible to issue a full-time transfer only through the procedure for changing the employment contract for reasons related to a change in organizational or technological working conditions (see clause 1 of the Appendix to the answer).

The very transition to another mode of operation should be formalized by an additional agreement to the employment contract (see clause 2 of the Appendix).

It should be clarified that the mode of operation common to most employees should be enshrined in the internal labor regulations (Article 100 of the Labor Code of the Russian Federation). Therefore, if the majority of employees of the organization are transferred to full-time, it will also be necessary to issue a change in the relevant local regulatory act.

I draw your attention to the fact that it is impossible to establish a full working day for part-time workers (part 1 of article 284 of the Labor Code of the Russian Federation). Therefore, a full-time transfer of a part-time worker can be carried out only if he is dismissed from his main job. In this case, the change in the mode of work should be formalized simultaneously with the transfer of the part-time employment contract into the main employment contract of the employee

Details in the materials of the System:

1. Answer: How to change the employment contract.

Reasons for change

The need to amend an employment contract arises when the information or conditions contained in it change. It does not matter which terms of the employment contract change: or.

It is possible to make changes to the employment contract only with the mutual consent of its parties (). In this case, both the employee and the employer () can be the initiator of changes.

How to make changes

By general rule the procedure for amending the employment contract is to draw up a written agreement between the employee and the employer. standard form there is no such document in the legislation. Therefore, the organization can compile it in any form in the form. This conclusion follows from the Labor Code of the Russian Federation and is confirmed.

The supplementary agreement is an integral part of the employment contract. Therefore, make it in two copies - one for each side. The fact that the employee received his copy of the supplementary agreement will confirm his signature on the copy of the employer. This conclusion allows us to draw Article 67 of the Labor Code of the Russian Federation.

Special cases of changing the employment contract

In some cases, before drawing up an additional agreement to an employment contract, it is necessary to complete a number of procedures provided for by law. In particular, this applies to changes in the employment contract for reasons related to:

change in the jurisdiction of the organization, its reorganization ().

Changes in organizational or technological working conditions

Changes to an employment contract for reasons related to a change in organizational or technological working conditions include, for example:

changes in equipment and production technology (for example, the introduction of new equipment, which led to a decrease in the workload of an employee);

structural reorganization of production (for example, the exclusion of any stage production process);

other changes in organizational or technological working conditions that led to a decrease in the employee's workload.

If the supplementary agreement is not executed in a timely manner, but the employee continues to work under the new conditions after notification of the changes, this means that the employee has actually agreed to such changes. The legality of this approach is confirmed by the courts (see, for example,).

If the employee does not agree to work in the new conditions, then the organization is obliged to offer him another job, including a lower and lower paid one, if the organization has suitable vacancies. You only need to offer the employee vacancies that the employer has in the area. It is necessary to offer vacancies in other localities only if it is provided for by the collective (labor) agreement, other agreements. This procedure is enshrined in Article 74 of the Labor Code of the Russian Federation.

If the employee refuses to work in the new conditions or there are no suitable vacancies in the organization, then the employment contract can be terminated:

in connection with the refusal to continue work in the new conditions on the basis of part 1 of article 77 of the Labor Code of the Russian Federation, also with - in all other cases ().

An employer can dismiss an employee only after two months from the date of notification of a change in the terms of the employment contract. The law does not provide for the possibility of early dismissal. A similar position is reflected in. The only option is to agree with the employee and issue the dismissal earlier, but on a different basis, for example, by paying an attractive amount of compensation.

When an employee is dismissed due to refusal to work under new conditions, the employer, in the event of a dispute with the employee, must have evidence that confirms that the change in the terms of the employment contract was the result of changes in organizational or technological working conditions. This is stated in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and link one with the other, then the change in the terms of the employment contract, and hence the dismissal of employees who refused to continue working in new conditions, may be declared illegal (see, for example,).

Ivan Shklovets, Deputy Head Federal Service for work and employment

Forms of documents: Supplementary agreement to the employment contract. Full working hours are set.

ADDITIONAL AGREEMENT No. 1
to the employment contract dated 15.05.2007 No. 475

Moscow 31.03.2010

Alpha, hereinafter referred to as the Employer, represented by Director A.V. Lviv,
acting on the basis of the Charter, on the one hand, and the chief accountant A.S. Glebova,
hereinafter referred to as the "Employee", on the other hand, have entered into an agreement to change
of the terms of the employment contract dated May 15, 2007 No. 475.

1. Paragraph 3 of the contract shall be stated as follows: “The employee is
Full time work week with two days off: Saturday, Sunday.
Working day - 8 hours; start at 9:00, finish at 18:00, break for
food and rest from 13.00 to 14.00.

2. Paragraph 4 of the contract shall be stated as follows: “The employee is assigned
monthly salary 21,000 rubles. Wage calculated according to the number
hours worked."

3. The rest of the provisions of the agreement dated 15.05.2007 No. 475 remain unchanged.

4. This agreement comes into force on 01.04.2010.

Signatures of the parties:

A.V. Lviv

A.S. Glebova

M.P. Ready-made plan of the main affairs of the personnel officer for the I quarter of 2019 Read the article: Why should a personnel officer check accounting, is it necessary to submit new reports in January and what code to approve for a time sheet in 2019 The editors of the Kadrovoe Delo magazine found out which habits of personnel officers take a lot of time, but are almost useless. And some of them may even cause bewilderment in the GIT inspector. Inspectors of the GIT and Roskomnadzor told us what documents should never be required from newcomers when applying for a job. You probably have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document. If you pay vacation pay a day later than the deadline, the company will be fined 50,000 rubles. Reduce the notice period for the reduction by at least a day - the court will reinstate the employee at work. We have studied court practice and prepared safe recommendations for you.

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In the article, we have prepared for you a detailed algorithm on how to transfer an employee from 0 5 to a full-time rate and draw up all the necessary documents for this. Download ready-made samples.

From the article you will learn:

How to transfer an employee to a full-time position

The transfer to full-time from part-time is made by the employer on the initiative or with the consent of the employee. The mode of operation is essential condition of the employment contract, therefore, it can be changed only after notifying the staff in advance. The initiative for such changes can come from both the employee and the employer. In any case, labor laws must be followed.

So how do you arrange for a full-time employee transfer? As a rule, in this case, changes are made to the current employment contract. To do this, they conclude an additional agreement in which they prescribe a new working regime, tariff rate or salary, as well as duration working week. After that, an order is issued to amend the staffing table.

In the personal card of the employee, an entry should be made about the transition to the main place of work. In the column "Type of work" you need to specify the date from which the employee switches to full-time work.

Option 2b. The employee does not agree to the transfer

If an employee does not want to work on the proposed conditions, then it will not be possible to transfer him by force. But you can try. The employee is notified of the upcoming change in working conditions, and no later than 2 months before the proposed changes are made. In case of refusal, the employee may be dismissed under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation.

If the employee changes his mind and agrees, an additional agreement and an order to transfer to a full-time job are drawn up.

Option 3. Order is not needed

An order to transfer to a full-time job from a part-time job will not be required if, during employment in the employment contract, the part-time (week) mode was set for a predetermined period. In this case, the text of the agreement must contain:

• Part time schedule.
• Term of work part-time (specific dates are indicated).
• Full time schedule.
• Date of introduction of the full-time regime.

Only if you have all this information, you can not issue an order.

Additional Full-Time Transfer Agreement: Sample

The additional agreement should indicate that from the moment the order is signed and issued, this work is the main one for the employee. It should also be noted that changes have been made to the employment contract regarding the duration of working hours and wages.

Full-time transfer order

For all of the above options, the document is drawn up in a uniform way - in free form on the letterhead of the employer. In addition to the required details, its text must contain:

• Full name and position of the employee for whom the working regime is being changed;
• date of introduction of the new regime;
• working days and rest days;
• opening hours;
• persons responsible for the execution.

The document is signed by the head of the enterprise or other authorized person. After that, the employee himself and the persons appointed responsible for the execution of the order get acquainted with him. The order is subject to registration in the Registration Log and storage during the entire regulated period.