Who should do job descriptions at the enterprise. Familiarization of an employee with a document

The purpose of such verification is indicated in the plan, it may be as follows:

inspection of the sanitary-epidemiological state;
fire safety;
inspection of labor protection;
verification of license requirements;
other goals.

Inspection plans are agreed with the prosecutor's office and published for review in the public domain. For example, on the Internet on the website of the prosecutor's office of a subject of the federation, a summary inspection plan is published annually. You may be interested in the mental map “Contract for work (work)”, which describes in detail the details of this document. Or look HERE on how the liquidation of a limited liability company (LLC) takes place.

The register of audits conducted by state control bodies

Each entrepreneur must have a log of control measures. After all, it is needed, first of all, not by a reviewer, but by the organization itself. If the entrepreneur has several points of sale, then he must have a register in each of them.

Attention

In the column “Location” the legal address (registration address) of the entrepreneur is indicated, and if the audit book is stored, for example, in the pavilion, also the location of the pavilion. It is necessary to indicate in the inspection journal: - the date of issue and the number of the inspection order, - the purpose of the visit to the inspector, his last name, position and special rank (if any). The inspector must sign in the journal. If he refuses to do this, you have every right not to let him into the enterprise.

The occurrence of such an incident must be immediately reported to the agency where the “refusenik” works.

How to keep a register of audits conducted by state control bodies?

Check Log Checklists Logging rules Download a sample of the audit log of regulatory bodies. Audit log. Checklists Entities of business are periodically subjected to all kinds of checks by state bodies. The relationship between the auditee and the auditor, the rights and obligations of the parties, as well as the procedure, terms and rules for carrying out these activities are regulated by the law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” dated December 26, 2008 No. 294- Federal Law

Art. 13 of this law regulates the maximum period during which the organization can be subjected to verification. It is from 20 days. Part 11, Art.

Maintaining a journal of audits of legal entities

If you need to enter data in the journal of audits of legal entities, and you have never done this before, look at a sample of filling out a document and read the explanations for it - with their help you will probably easily do what is required of you.

First of all, fill out the title page: enter here the start date of the journal (it may coincide with the date of the first check, which will be reflected in the form), then indicate the name of the organization - with a breakdown of the legal status, its address, and the number of state registration certificate.
After this, be sure to mark the employee who is responsible for maintaining the journal, as well as information about the head of the company: his position, full name, then he must put his signature in this part of the document.
Next, go to the main section (each page has one page).

The register of audits of legal entities and individual entrepreneurs

Before starting an audit in a journal of registration of control measures to a representative of the controlling bodies, it is necessary to remind that a control measure has been taken. This record should contain information on the name of the state control oversight body, the date, time of the control measure, the legal grounds, goals, objectives and subject of the control measure, on detected violations, on the protocols drawn up, on administrative offenses and on the issued orders, and also indicate the last name, first name, patronymic, position of the person “persons” who carried out the control event, and his “their” signature. This journal is kept by the auditee.

Legal Audit Log

Formation of a journal of audit records of a legal entity is an integral part of the control of the organization's management of verification activities by state supervisory structures. Why is a journal needed? The number of various kinds of inspections carried out in organizations is growing every year. The state exercises control over the financial side of the enterprise (including the tax component), document management, compliance with sanitary, fire and other safety rules, etc.
For a year, the number of visits by representatives of various kinds of supervisory structures in large companies may exceed a dozen. At the same time, inspections can be both planned, pre-agreed, and unscheduled, which, of course, irritates the business to some extent.

We make out the register of checks (Ryabinin V.V.)

FILESDownload the blank form of the legal entity audit bookkeeping journal.docDownload a sample legal entity audit bookkeeping journal.doc The audit bookkeeper has a well-defined purpose: with its help, the organization’s management records the fact of the control measure taken and also monitors the frequency of checks by one or another state supervisor instance. The magazine clearly structures the type and content of each audit carried out, fixes its duration, gives information about the agency that carried it out, etc. It also provides the opportunity for the management of the audited company to briefly familiarize themselves with its initial results. And since the frequency of almost every type of inspection is enshrined in law, the excessive zeal of any controlling authority with the help of this document can be further challenged.

Do I need a check log

If the inspector refuses, it will be noted, you have an additional opportunity to write a complaint against him. But those who have already saved their earned money, with the help of this allowance, can afford to buy a magazine, since at the first check the costs will pay off “with interest”. Be sure to number, lace up and certify the journal with a seal, in accordance with the requirements of the law.
In general, the principle of communication with any official should be as follows. In controversial situations, if an official requires you to take any action, but they contradict common sense, you need to ask him a logical question: “Dear? What regulation do you base your claim on? ” If an official refuses to fulfill any duties, let him also refer, on the basis of which he refused to fulfill them.

When is the audit trail journal required?

This document is compiled in a unified form (a sample of the audit journal by regulatory authorities was approved by order of the Ministry of Economic Development of Russia dated April 30, 2009 No. 14). Logging rules The objectives of this journal can be defined as follows:

Fixing the fact of control by state bodies.
Protection of the rights of the inspected subject.

Since the law does not define the obligation to maintain the specified document, namely the right, in the absence of the specified document, a certain mark is put in the act based on the results of the audit (part 11 of article 16 of law No. 294-FZ). Accordingly, the regulatory body is not entitled to hold a legal entity liable for the absence of a checkbook.

It is allowed to use both the typographic form of the audit logbook and the document printed on the printer.

3. audit log

Why is this convenient? Because in a compact form, the director of the company receives full information about the inspection. Who leads it. The head of the company together with the representative of the controlling organization is responsible for the organization of such a journal. In other words, upon arrival for inspection, the inspector must ask for a document, and the head of the inspected institution must give it for completion.

As a rule, information is entered by hand by the inspector. Responsibility for direct management can be assigned to the secretary of the head. The audit journal, as an official document, is entered into the nomenclature of the organization’s affairs and is given for safekeeping to the office. It is used only during verification, therefore, other information not related to this subject is not entered into it.

Organization Audit Log

The following pages of the journal are filled in by inspectors who enter information about:

inspection time;
established violations, if any;
personal data verifiers, etc.

In the future, this information can be used by inspection bodies to actually monitor the elimination of violations. What is the journal for? In the face of objective reality, legal entities and individual entrepreneurs are regularly checked by various regulatory bodies. As a rule, violations are found in most cases.

All identified deficiencies are subject to entry in the specified document. However, for merchants, a book of registration of inspection activities is not necessary at all to account for shortcomings. This document allows you to control the time allotted to government organizations to identify deficiencies.

In labor I found this topic in FAK, and a separate topic created - was closed. Added a little later: job descriptions will not help here (unless they are included in the employment contract by the application). That is, it turns out that if the employment contract does not contain a reference to the application (job description), is it invalid or what? # 15 Vasya Ivanov Sent That is, it turns out that if the employment contract does not contain a reference to the application (job description), is it invalid? Labor Code of the Russian Federation: Article 57. Content of an employment contract (as amended by Federal Law of 30.06.2006 N 90-ФЗ) The following conditions are mandatory for inclusion in an employment contract: labor function (job post in accordance with the staffing table, profession, specialty with qualification; specific type of work entrusted to the employee).

Who develops job descriptions in the organization?

For more information about who develops job descriptions in the organization, read the articles: If there is no job description, in this case, you will have to conclude an additional agreement to the employment contract each time. But if such an instruction is available, the employer has the right to independently, unanimously, make any changes to it and approve them.

In addition, the job description is a document that establishes specific qualification requirements for the position. If it is available, the procedure for certification of an employee and, in particular, his dismissal in case of inconsistency of the position is substantially simplified.

In the event of labor disputes, the instruction becomes proof of the legitimacy and validity of the claims that the employer presents to the employee.

Who should develop job descriptions?

Note! Taking into account the specifics of the work, additional duties can be established, for example, the obligation of the employee to undergo training (training, retraining) at the initiative of the employer. The list of duties of almost every employee includes the following:

comply with internal labor regulations;
keep confidential official information;
follow the instructions and orders of the head of the structural unit, the head of the organization;
comply with safety regulations;
comply with the rules of operation of organizational equipment, not allow unauthorized persons to work on the technical equipment, etc.

In the section "Rights" the powers are assigned to which the employee is vested in connection with the performance of labor duties. In many ways, the content of this section is related to the “Functions” section.

Who should develop job descriptions

When developing job descriptions, it is necessary to provide methodological guidance for the personnel service: personnel officers know exactly the basic qualification characteristics established by uniform qualification manuals and professional standards; understand the structural content of the document; can tell how to properly execute the job description, providing a uniform structure of personnel documents adopted by the organization. The head of the company by order appoints those who develop job descriptions in the organization.

After which he approves the document with his order, and it enters into legal force. Workers are introduced to the job description on receipt.

The requirements specified in the document are considered mandatory for all employees working in a particular position.

Who should develop job descriptions at the enterprise?

Who should develop job descriptions in a private organization Who should draw up job descriptions in a state-owned company Who should develop job descriptions in a private organization We immediately note that the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation) of such a term as job description (hereinafter - DI) is not contains in principle, therefore, its absence in the organization will not be a violation of the law. At the same time, Rostrud gives its comments on this matter: for the above reason, the employer is authorized to determine how the registration of MD in the organization is made and changes are made to them (Rostrud letter dated October 31, 2007 No. 4412-6).
Thus, the employer himself determines who draws up job descriptions in the organization, and theoretically, any employee can be appointed responsible for the development, execution and familiarization of staff with MDI.

Who develops job descriptions

After passing all the procedures, the approved document is handed over to the employee for examination. Composition of the document The instructions should contain the following sections:

General provisions - the name of the company, subordination, qualification requirements, a list of regulations that an employee must follow when fulfilling his obligations.
Goals and responsibilities.
This section reflects organizational obligations and functional tasks.
Rights and powers. When preparing this section, it is important to clearly describe what responsibility the management and subordinate bear in summing up the results of the enterprise.
It is important to indicate the possibility of making decisions, the availability of the right to sign documents, and so on.
Subordination, leadership. It is required to indicate who is the immediate supervisor.

HR articles

The paragraph formulating the requirements for vocational training usually establishes the requirements of the employer for the level of education and the length of practical work required to occupy a given position. When preparing a clause on the minimum of necessary knowledge, the sections “Must Know” and “Must Know” from the TSA are most often used.

Info

The Handbook contains a list of regulatory documents required by an employee for professional activities. The same paragraph lists the local acts of the employer, organizational and administrative documents (orders and instructions of the head, head of the structural unit, etc.) that guide the employee.

This item can be expanded to include, for example, safety regulations, operating instructions for technical and office equipment, and standards of service etiquette.

Job description, development and content

Job description is a document that establishes the organizational and legal status of an individual employee in the structure of the organization or in its structural unit. The employer uses job descriptions to assess employee behavior in the event of disciplinary action, including

h. upon dismissal on the grounds provided for in cl. 5 and 6 hours. 1 Article 81 of the Labor Code of the Russian Federation. For heads of structural divisions and direct managers of employees, job descriptions are a management tool that allows you to solve organizational and coordinating tasks. The employee, for his part, is interested in clearly defining the nature of work, qualification requirements for his position, the range of duties, his own authority, rights and responsibilities, and establishing relationships.

Who makes the job descriptions?

If an employee must submit any reports based on performance results, this point also needs to be reflected in the instructions.

Interaction with other services. Here we consider the actions that an employee can carry out independently in the field of interaction with other services without warning management.
A responsibility.
The most important section that addresses employee liability in the event of default. A group of different offenses may also be listed here.

Download a sample of the job description of the executive director How long is the document valid? One of the key points is the duration of the job description at the enterprise. Legislatively this period is not specified and not limited.

Who should do job descriptions at the enterprise

Attention

Storage of job descriptions Job descriptions are local long-term regulations. The most convenient option is the centralized storage of job descriptions in the personnel service, which introduces newly hired employees to them.

Meanwhile, in some organizations, these documents are stored in structural units or in the office. In any case, the job descriptions are formed in a separate case (the basic rules for the work of the archives of organizations were approved by the decision of the Collegium of the Federal Archives on 06.02.02). This case has a permanent storage period (Article 35a of the List of typical management documents generated in the activities of organizations, indicating the storage periods approved by the Federal Archives on 10/06/00).

Responsibility for the organization of accounting lies with the head of the company. In most cases, he transfers key accounting authority to the most qualified financial specialist - the chief accountant. More about this in our article.

Which business entities are required to keep accounting

In accordance with the provisions of Article 6 of the Law "On Accounting" dated 06.12.2011 No. 402-ФЗ accounting must be maintained by all types of business entities, except:

IP (subject to accounting for own income and expenses by other methods provided for by tax legislation);
structural units of foreign firms operating in Russia (subject to accounting for revenue and expenses in accordance with tax legislation).

The organization must keep accounting from the moment of state registration until the termination of activity. Failure to comply with this statutory obligation threatens the company with legal consequences in the form of measures established in Art. 120 of the Tax Code (fine) and Art. 15.11 Administrative Code (fine or disqualification of officials).

In the interests of the company - to maintain the correct accounting. Who should be responsible for its organization?

Who is responsible for organizing accounting?

The legislator does not disclose the concept of "organization of accounting", despite the fact that this phrase is given, in particular, in one of the main regulatory acts governing accounting - Order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n.

The responsibility for the organization of accounting lies with the head of the business entity (paragraph 6 of order No. 34n). From the experience of practical activities under the organization of accounting it is legitimate to understand:

legalization of the accounting system (for example, the establishment of a regulation on accounting, the publication of orders on the inclusion in the staffing table of posts responsible for accounting, the recruitment of specialists for relevant posts);
technical support of the accounting system (purchase of computers, accounting software and other infrastructure necessary for the work of specialists);
organization of direct accounting.

Who is responsible for accounting

The head is also responsible for the organization of accounting (paragraph 1 of article 7 of law No. 402-FZ). Unless otherwise provided by law, the head of the company must assign accounting functions to a competent person (paragraph 3 of article 7 of law No. 402-FZ). It may be:

the chief accountant or other competent employee of the company (in banking institutions - only the chief accountant);
a third-party organization or individual providing services under a contract.

To conduct accounting itself, without involving other persons, full-time or freelance, can only:

the head of the business entity, which by law has the right to apply simplified methods of accounting;
head of an enterprise classified as a medium-sized business.

If the business entity is registered as a joint-stock company, has the status of a private pension fund, is a bidder or conducts business in the insurance business, accounting should be kept by a person who has a level of qualification, experience and competence defined by law.

Accounting Responsibility Requirements

Qualification requirements for a person applying for a position implying the performance of accounting functions depends on the legal status and industry affiliation of the enterprise.

So, in accordance with paragraph 4 of Art. 7 of Law No. 402-ФЗ, the chief accountant who is issued to work in a joint-stock company, insurance company, private pension fund, financial management company and other companies that participate in the auction (but are not banks) must meet one of the following qualification requirements:

the presence of higher education in accounting and auditing, as well as seniority in positions related to accounting, lasting at least 3 years out of 5, preceding the appointment of a person responsible for accounting;
the presence of higher education in any specialization, as well as work experience in accounting, lasting at least 5 years out of 7 preceding the appointment.

In addition, in both cases, the accountant should not have an unexpunged or outstanding criminal record for economic crimes.

Separate qualification requirements are established for the chief accountant of a banking organization (Clause 7, Article 7 of Law No. 402-FZ).

In the general case, the head of the company or human resources manager who draws up the chief accountant for work should be guided by the qualification requirements established by the professional standard “Accountant”, approved by order of the Ministry of Labor of the Russian Federation No. 103n dated February 21, 2019.

The contents of the work of the person responsible for accounting

The chief accountant or another person responsible for accounting in the company, in the process of performing its work, solves such tasks as:

ensuring the correct conduct of accounting (from the point of view of workflow, indicating reliable data in the reporting);
ensuring timely accounting (reporting);
adoption of primary and other documents certifying business transactions, in accordance with the law;
reconciliation of business settlements with counterparties;
conducting a timely inventory of the property of the company;
ensuring the safety of accounting documents.

The duties of the chief accountant are prescribed in the employment contract. What will happen if the person holding this position violates them?

Read more about the responsibilities of the chief accountant in our publications:

“We are looking for excess duties in the job description of the chief accountant”;
"We make changes to the job description."

Violation by an accountant of labor duties: consequences

If the chief accountant violates his duties typical of his position, he may be held liable in accordance with labor, administrative and criminal laws.

The chief accountant may be held liable under labor law on the basis of:

art. 192 of the Labor Code of the Russian Federation (possible sanctions - remark, reprimand, dismissal);
section 9, Art. 81 of the Labor Code of the Russian Federation (possible sanction - dismissal);
art. 243 of the Labor Code of the Russian Federation (a possible sanction is the recovery of compensation for material damage by the company).

The provisions of Art. 192 of the Labor Code of the Russian Federation can be applied by the employer in case of direct failure by the accountant to fulfill the obligations established by the employment contract or his job description.

Norms p. 9 Art. 81 of the Labor Code of the Russian Federation, the employer has the right to apply if the accountant makes a decision that will result in damage to the property of the company or unlawful use of this property.

Sanctions provided for by Art. 243 of the Labor Code of the Russian Federation, can be applied to the chief accountant if he:

caused material damage to the company due to failure to fulfill obligations;
allowed the shortage of material assets that were entrusted to him;
caused damage to the company intentionally;
caused damage to the company under the influence of alcohol, drugs;
caused damage by committing a crime, administrative misconduct;
allowed the disclosure of trade secrets;
caused damage to the company beyond the period of performance of labor duties.

In addition, the employment contract may establish other criteria for the liability of the chief accountant.

IMPORTANT! Full liability may be assigned to the chief accountant, provided that it is established by the employment contract. If the employment contract does not stipulate that the chief accountant, in the event of damage, is liable in full, then the liability for the damage may be recovered only in the amount of his average monthly earnings (paragraph 10 of the Resolution of the Plenum of the Armed Forces of November 16, 2006 No. 52).

If we talk about administrative responsibility, then, based on the provisions of Article 15.11 of the Administrative Code of the Russian Federation, an accountant as an official in the case of a gross violation of accounting (in accordance with the criteria established by clause 2 of article 15.11 of the Administrative Code of the Russian Federation) can be:

fined 5,000-10,000 rubles .;
fined 10,000-20,000 rubles or suspended for 1-2 years if the violation is repeated.

ATTENTION! In 2019, at Art. On November 15, the Code of Administrative Offenses of the Russian Federation, amendments were made to provide for the possibility of exempting the accountant from liability if he made mistakes in accounting due to the fault of third parties. We talked about them in detail in this article.

The chief accountant may be prosecuted under Art. 199, 199.1, 199.4 of the Criminal Code. The norms established by these articles are applied if, due to the actions of the accountant, the company was recognized as evading taxes and insurance premiums. Possible sanctions:

fine;
arrest;
deprivation of liberty.

The sanctions become more severe if it is proved that the crime was committed by several employees of the company in a preliminary conspiracy, or if non-payment of taxes in an especially large amount was revealed.

Responsibility under Art. 199 of the Criminal Code of the Russian Federation, the chief accountant bears only if frauds with large sums are proved, carried out intentionally or in conspiracy with the head (paragraphs 7, 8 of the decree of the plenum of the RF Armed Forces dated December 28, 2006 No. 64).

Violations in accounting: responsibility of the head or chief accountant

Of course, miscalculations in accounting can have consequences for the head of the company. In what cases can he be held accountable?

In the federal legislation, there are no norms on the basis of which it is possible to unambiguously distinguish the responsibilities of the chief accountant and the head of the organization. The decisive role in this case is played by law enforcement practice, primarily judicial.

So, in the resolution of the plenum of the RF Armed Forces dated 10.24.2006 No. 18, the position was stated that the distinction between the responsibilities of an accountant and a manager should be based on the difference in their responsibilities: the leader is responsible for organizing the accounting, while the accountant is responsible for its correctness conducting.

IMPORTANT! We can conclude that the manager in the general case may be responsible for the failure to implement or incorrect organization of accounting. Such actions or, on the contrary, inaction of the head of the company can lead to the fact that he, and not the chief accountant, will be fined or disqualified under Art. 15.11 Administrative Code of the Russian Federation.

If miscalculations were made directly in accounting, it is legitimate to say that the accountant and director can be jointly responsible for the legal consequences of errors or deliberate actions.

In addition, the wording of the Armed Forces of the Russian Federation allows us to conclude that only the head will be responsible for the consequences of errors in bookkeeping, if it turns out that the accountant was forced to take illegal actions as a result of a direct written order from the head.

NOTE! In accordance with paragraph 8 of Art. 7 of Law No. 402-FZ, the accountant has the right to request an appropriate order on his own initiative. For example, if it considers that due to affixing a signature on a financial document to a company, unpleasant consequences cannot be avoided.

One way or another, it should be recognized that the distinction between the responsibilities of the chief accountant and the head of the company based on the norms of law and law enforcement practice is an extremely controversial issue. Much depends on the circumstances of a particular precedent, the evidence base, the degree of seriousness of the offense, as well as the assessment of the facts relevant to the case by the competent executive or judicial authorities.

Summary

Accounting refers to the most important areas of company activity from the point of view of business management. Responsibility for the organization of accounting lies with the head of the company. The key accounting functions in the company are performed by an experienced and qualified specialist at the level of chief accountant. He is responsible for his work in accordance with the norms of the law, as well as the terms of the employment contract.

“Accounting and analysis of financial results” ;
“The right of the second signature of the chief accountant on the documents” ;
“When is accounting restoration work done?” and etc.

The first section can also be supplemented with the basic requirements for professional skills of an employee, necessary in the performance of official duties. The second section - “Functions” - is central in the job description and includes the types of work assigned to this position. The list of functions in a particular job description depends both on the general task assigned to the post and on the division of labor between employees of the structural unit. When preparing this section, it is extremely important to observe the principle of completeness and not to miss a single operation performed by the employee. Otherwise, subsequently, this can lead to serious conflict situations. The third section - “Job Responsibilities” - establishes those constantly applicable standards that an employee must observe in his work.

Who develops job descriptions in the organization?

The list of employee rights may include the following:

request information necessary for the performance of official duties;
represent the interests of the organization in relations with third parties in court;
control the actions of certain officials;
to sign or coordinate certain documents, etc.

The “Rights” section is closely connected with the next section - “Responsibility”, where the content and forms of responsibility of the employee for the results and consequences of their activities, for non-compliance with the requirements of the job description are usually established. The section “Relationships (communications by job)” establishes subordination, subordination, interchangeability and other relationships arising in the performance of assigned duties.

Who should develop job descriptions?

When establishing the job functions of managers, specialists and employees, employers are guided by the industry-wide Unified Qualification Guide for the positions of managers, specialists and employees (CEN) and its industry issues. Depending on the content, they are of three types:

Qualification directory of positions of managers, specialists and other employees (industry-wide issue);
Qualification reference book for civil servants (common for all industries);

Sectoral issues of the Qualification Directory of Employee Positions (including job descriptions specific to a particular sector of the economy).

Development rules The job description is developed for each position included in the organization’s staff list and is impersonal.

Who should develop job descriptions

Important

Oleg K Sent at my enterprise, the question arose: who should draw up job descriptions, and who draws up work instructions and are these work instructions needed at all? and if your posts are exotic? If not, then you can download a typical DI anywhere and adjust it to the realities of the enterprise. And the worker is really, they are all who are lazy and do the same # 7Legioner Sent In principle, personnel officers should do this, because when they are hired, they are engaged in drawing up an employment contract, and the job description is just a clarification of the employee’s labor function. But as already mentioned above, they are all of them.

In my opinion, if you want to hide behind it, it will be enough just to take the visa of the immediate boss for the job description, they say that you are familiar with and agree, and then if anything, poke this visa.

Who should develop job descriptions at the enterprise?

It is also advisable to include lawyers in this matter, because lawyers insert wonderful points about the responsibility of workers in job descriptions and then reprimands are molded for their failure to comply. # 8Kapa Sent with us, the personnel department deals with it, just like this: you can download a typical DI anywhere and adjust it a little to the realities of the enterprise # 9Yung Sent greeny12 The DI should be the one who administers the termination of employment contracts due to a mismatch of the employee's position, or at least understands how to do it in practice. And I thought that the specialists of the corresponding profile. Do you seem to have instructions for a shoemaker coming up with a cake? # 10wretched Sent, tell me please, we have an item in the job description: II. Job responsibilities. 14.

Who develops job descriptions

It is not required to give the document legal force, but this procedure is desirable to improve the content and bring it in line with the norms of the current legislation. The job description after coordination with all interested officials and signing by its originator is approved by the head of the organization or another person endowed with the appropriate authority. Requirements for registration Job description as a local normative act refers to organizational and administrative documents, i.e.

e. is part of the Unified system of organizational and administrative documentation. All requirements for the Job description are fixed in GOST R 6.30–2003 “Unified documentation systems. Unified system of organizational and administrative documentation.

HR articles

Although most often this function is assigned to personnel officers or lawyers of the enterprise, heads of structural divisions. If the organization has a special provision on MDI, then their development is carried out in accordance with the regulation. Otherwise, such an obligation is assigned to a specific specialist or unit by the administrative document of the head of the organization.

You can read about the peculiarities of compiling MDIs for this or that employee in other articles on our website, for example, following the links: Job description of the assistant to the general director or Job description of the executive director of the LLC - sample. Who should draw up job descriptions at a state enterprise of the Labor Code of the Russian Federation does not contain comments on the issue of who makes job descriptions at a state-owned enterprise.

Job description, development and content

Then the instruction is approved by the head of the organization. The job description is a local regulatory act of the organization, which is brought to the attention of the employee against signature before concluding an employment contract (article 68 of the Labor Code of the Russian Federation). The signature of the employee confirms the fact of his familiarization with the document, but does not mean the consent or disagreement of the employee with its content.
If the employee refuses to sign for acquaintance with the job description, an act should be drawn up that the employee was familiarized with the job description, but refused to sign for familiarization. If the content of the job description is fully consistent with the content of the employment contract, which the employee signed without objection, the incident may be exhausted, since, as already mentioned, the job description is not a binding document.

Who makes the job descriptions?

Info

The darkroom operator can be involved by the senior manager in the performance of additional duties; Tell me, does flooring include washing, setting up computers, unloading machines with goods ... etc ...? # 11Lbp Sent So far to Labor after all ... # 12Trashok Sent by Lbp So far to Labor still ... well, why? # 13 Vasya Ivanov Sent Do you need these work instructions at all? And how do you ask them to work? In accordance with the Labor Code of the Russian Federation: Article 60. Prohibition of demanding the performance of work not stipulated by the labor contract It is forbidden to require the employee to perform work not stipulated by the labor contract, with the exception of cases provided for by this Code and other federal laws. So, job descriptions will not help here (unless they are included in the employment contract by the application).

# 14wretched Sent While to Labor after all ...

Who should do job descriptions at the enterprise

Therefore, the lack of job descriptions is not a violation of labor law. All labor duties can be listed in the employment contract of each employee. However, despite the fact that the Labor Code does not mention job descriptions, it is an important document, the contents of which are not only the employee’s job function, job profile, liability limits, but also qualification requirements for the position held (letter from Rostrud dated 10/31/2007 N 4412-6).
Since the procedure for drafting instructions is not regulated by regulatory legal acts, the employer independently decides how to draw it up and make changes to it. The instruction is developed, as a rule, by a personnel specialist, but can be drawn up by any specialist of the organization, agreed with the head of the unit.