Renaming a position by agreement of the parties. What is the procedure for renaming a position in the staffing table: sample order

Question

The procedure for the HR department when renaming a position without changing the job function.

Answer

Mandatory conditions of an employment contract include the name of the employee’s position (Article 57 of the Labor Code of the Russian Federation). In this case, the position must be provided for in the organization’s staffing table. Renaming a position is possible when nothing changes for an employee performing certain duties that would entail a change in his job function.

The employee must be notified in writing of the renaming of the position no later than two months in advance.

An order is issued to rename the position. As in any other case, the order to rename a position must contain a justification (for example, “In order to bring the names of positions in accordance with the Qualification Directory of Positions of Managers, Specialists and Other Employees”) and an administrative part in which the previous and new names must be indicated positions. It is important that in this case we are talking specifically about renaming, and not about changing the content of the labor function.

In case of renaming a position, in addition to making changes to the staffing table by issuing an order, it is necessary to obtain the written consent of the employee. If the employee does not agree, the employer should act in the manner provided for in Art. 74 Labor Code of the Russian Federation.

Article 74 of the Labor Code of the Russian Federation provides that for reasons related to changes in organizational or technological conditions, at the initiative of the employer, it is allowed to change the terms of the employment contract with the employee in compliance with the mandatory requirement: as a result of such changes, the employee’s labor function must remain unchanged.

The order to rename the employee’s position must be familiarized with signature and an additional agreement must be concluded with him. After this, you can make appropriate adjustments to your personal card (unified form N T-2) and work book.

Thus, the employer’s procedure will be as follows:

Notify employees in writing about upcoming changes to the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months before the upcoming changes
If the employee refuses to work under the new conditions, offer him in writing another job available to the employer (a vacant position or a job corresponding to the employee’s qualifications, a vacant lower position or a lower paid job), which he can perform taking into account his state of health.
If you refuse the offered work or the absence of the specified work, terminate the employment contract with the employee on the basis provided for in paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation and pay the employee upon dismissal a severance pay in the amount of two weeks’ average earnings (Article 178 of the Labor Code of the Russian Federation).

If the employee has agreed, you make adjustments to the personal card, work book and staffing table; to do this, you must issue an order to amend the staffing table signed by the manager or other authorized person.

Notice of renaming a position (sample)

Since there is no approved form for the notification, the employer draws up this document independently. In the header of the document it is necessary to indicate the full name of the employee for whom it is intended and the date the document was drawn up.

The notice of change of position (see sample notice below) in the main part of the document contains the following information:

Previous job title, new title;
The reason that caused the need for changes;
Effective date of the changes;
Information that other working conditions of the employee remain unchanged;
Signature of the manager or an authorized person (for example, the head of the human resources department).

In the main part of the document, it is advisable to provide a line to express the employee’s agreement or disagreement with the upcoming innovations.

The notification to the employee about the renaming of the position is drawn up in two copies, one each for the employee and the employer. The employer's copy must bear the employee's signature indicating that he has received the second copy of the document.

After notifying the employee of the new name of his position, the employer must rename the position in the staffing table. The order is issued by the employer with mandatory justification for the renaming.

Sample notification to an employee about renaming a position

Order to change the position of an employee (sample)

The unified form of the document has not been approved - the employer draws up the document independently. The “header” of the order indicates the name of the organization, the date of execution of the document and the serial number.

An order to rename a position in the staffing table must contain a justification for the renaming. The order should include the following information:

Date of changes to the staffing table;
Change of position: indicate the previous name of the position and the name to which you want to change it;
An indication that an additional agreement on changing the position will be concluded to the employee’s employment contract;
An indication that changes will be made to the work book, personal card and other personnel documents (if necessary).

The order to rename a position contains a column for the employee to sign, confirming that he has read the order. The order must be signed by the head of the organization or his authorized person.

When the order to change the name of the employee’s position is issued and the employee is familiar with the order, it is necessary to conclude an additional agreement with him. A sample additional agreement on changing a position; it must contain the new name of the position, details of the order for changes and the employment contract, and the start date of the changes.

Order to rename a position in the staffing table: sample

So, the position has been renamed. Should an entry be made in the work record or not? There is no separate procedure for making such an entry, so you can proceed by analogy with the entry on the renaming of an organization.

Renaming a position without changing the job function, example:

“The position “marketing specialist” has been renamed “marketing manager” since 08/01/2018.”

To avoid problems with the labor inspectorate, the employer must follow the procedure for renaming a position. After receiving notice, the employee may refuse to work under the new conditions. Then the employer is obliged to offer him another job (Article 74 of the Labor Code of the Russian Federation). If there are no vacancies or the employee refuses another job, the employer formalizes dismissal (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

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 in 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./

There is a method of non-tariff regulation where it is absolutely not necessary to increase wages or issue compensation for the use of mobile communications. It is enough to rename the secretary to deputy head for general issues - and it is quite possible that the level of motivation of the staff will increase.

But seriously, it is quite clear that the term “sales manager” sounds much more modern than “salesman”, and “cleaning specialist” looks more attractive than “cleaning lady”.

The employer has the right to choose the name of the position, provided that the performance of work for this position is not related to the provision of compensation and benefits to the employee. In this case, the employer’s right turns into an obligation to indicate the names of positions, professions and specialties in the staffing table in strict accordance with the Qualification Directory of Positions (approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37).

Just remember that the condition on the labor function, i.e. work according to the position in accordance with the staffing table, must be included in the employment contract with the employee (Article 57 of the Labor Code of the Russian Federation). Changing the terms of an employment contract determined by the parties is permitted only by agreement of the parties, and confirmed in writing (Article 72 of the Labor Code of the Russian Federation).

If the position that is supposed to be renamed is not occupied by anyone, then it is enough to simply make corrections to the staffing table. To do this, the manager will need to issue an appropriate order.

If someone is already working in the position, then you need to act with caution.

The name of the position in accordance with the organization’s staffing table refers to the mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation).

The labor function is understood as working in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work entrusted to the employee (Article 15, Part 2, Article 57 of the Labor Code of the Russian Federation).

If we formally interpret these norms of the Labor Code of the Russian Federation, we can conclude that when the name of an employee’s position is changed, his labor function, defined by the employment contract, changes.

Thus, the name of an employee’s position is one of the characteristics of his labor function.

If the employee does not object to the renaming of the position and is unlikely to object subsequently, then the easiest option is to conclude an additional agreement with him. Let us remind you that, according to Article 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

If you suspect that problems may arise, then a lot depends on whether you are using special software.

If yes, then, since the program hardly understands what renaming a position means, there is an option to arrange a transfer (72.1 of the Labor Code of the Russian Federation).

Transfer to another job is a permanent or temporary change in the employee’s job function.

If only the name of the position changes, then it is more logical to talk about changing the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation).

Step 1. Prepare a justification indicating the reasons why the job title is changing, i.e., the terms of the employment contract agreed upon by the employer and employee cannot be maintained. This step should not be neglected, since this justification may be needed in order to prove the legality of one’s actions in a legal dispute.

For example, if it is intended to change the title of the position “salesperson” to “sales manager”, then the following reasons can be given to justify this:

Changes in staffing;

Reorganization of the sales department, its increase;

The need to improve customer service, etc.

There may be other reasons that can be considered as changes in equipment and production technology (Article 74 of the Labor Code of the Russian Federation).

Step 2. Notify the employee no later than two months in advance of both the upcoming changes and the reasons that necessitated such changes.

Notification to the employee in writing may be:

Handed in person, against signature;

Sent to the address of actual residence known to the employer;

It is communicated in a different way - the main thing is that the fact of its receipt in person can be reliably established. The notice may contain the following:

“In accordance with Article 74 of the Labor Code of the Russian Federation, in connection with the expansion of the sales department, we notify you that two months from the moment you familiarize yourself with this notice, your position “salesperson” will be called “sales manager.” The labor function and other essential terms of the employment contract do not change.”

Failure by the employer to comply with the notification procedure may further jeopardize the legality of his actions, and changes to the terms of the employment contract may be declared illegal by the court.

If the employee agrees to change the job title (as a rule, no objections are received), then step 3 follows.

Step 3: conclude an additional agreement to the employment contract, which will contain the following phrase: “Amend clause 2.2 of the employment contract dated May 24, 2012 No. 13, adding the following provision: “From October 1, 2013, the name of the position held by the Employee is “manager.” by sales""".

Step 4: issue an order to change the name of the employee’s position, which should contain approximately the following phrase: “1. Change the title of the position “salesperson”, which he occupies (indicate full name), to the title of the position “sales manager”. As a basis, we indicate the details of the additional agreement concluded with the employee to the employment contract.

Step 5: make an entry in the employee’s personnel documents. After concluding an additional agreement to the employment contract and issuing an order to change the job title, an entry must be made in the employee’s work book and personal card in form No. T-2.

The instructions for filling out work books (approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69) do not indicate what specific wording in this case is entered into the work book.

Therefore, an entry in the work book in connection with a change in the name of the position can be made in a manner similar to making an entry about a change in the name of the company (clause 3.2 of the Instructions for filling out work books). Column 3 states: “The title of the position “seller” has been changed to “sales manager” since October 1, 2013.” Column 4 indicates the basis for the renaming, i.e. details of the order.

If the employee has not directly expressed his consent to work under the new conditions, but has not refused it either (in fact, continues to work under the new conditions), then such a change in the terms of the employment contract must be formalized.

If the employee does not agree to work in the new conditions, then he should be offered in writing another job available in the company. If there are no similar vacancies, then you need to offer any other vacant lower-level position or lower-paid job (Article 74 of the Labor Code of the Russian Federation), taking into account the employee’s qualifications and his state of health.

For example: “In accordance with Article 74 of the Labor Code of the Russian Federation, we offer you the following vacant positions:

Trading agent".

A written offer of another job must be presented to the employee personally against signature or communicated to him in a way that will reliably establish the fact that he received it in person.

This proposal must contain an indication of all conditions that must be included in the employment contract.

An employee may refuse to continue working in a renamed position, but agree to be transferred to the proposed vacant position. In this case, it is necessary to draw up an additional agreement to the employment contract, as well as an order (instruction) on the transfer (Article 72.1 of the Labor Code of the Russian Federation). The relevant information is also entered into the employee’s personal card and work book.

If the employee does not agree with the innovations and does not choose another position from those offered, then the employer has the right to dismiss him on the basis of the employee’s refusal to continue working due to a change in the essential terms of the employment contract (Clause 7 of Article 77 of the Labor Code of the Russian Federation).

In any case, the employer must have documents that can confirm in court:

Justification of the reasons why it became necessary to change the title of the position;

Written notification to the employee about upcoming changes to the terms of the employment contract determined by the parties and about the reasons that necessitated such changes, in compliance with the established deadlines, made no later than two months;

Written confirmation of the employee’s consent or disagreement to continue working under new conditions;

A written offer to the employee of another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job);

Documentary confirmation of the absence of other work that the employee can perform taking into account his state of health;

Written confirmation of the employee’s refusal of the proposed job;

Compliance with the procedure for terminating an employment contract.

I believe that if the above conditions are met, the employer can prove the legality and validity of his actions both during inspection by regulatory authorities and in court.

IMPORTANT:

If you do not use the program, then I would like to note that when the job title is changed, the employee’s responsibilities (i.e. the content of the job function itself) do not change, only the job title changes.

It is logical to assume that we are not talking about a change in the labor function, therefore, there is no point in talking about transferring to another job.

An entry similar to the entry made in the work book is made in the employee’s personal card. It should be remembered that with each entry made in the work book, the employer is obliged to familiarize its owner with signature in his personal card no later than a week (clause 10-12 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

It is quite clear that the term “sales manager” sounds much more modern than “salesman”, and “cleaning specialist” looks more attractive than “cleaning lady”.

Anastasia AZIEVA, lawyer

Order to rename a position

A selection of the most important documents upon request Order to rename a position (regulatory acts, forms, articles, expert consultations and much more).

Regulatory acts. Order to rename a position

Order of the Ministry of Justice of Russia dated June 17. N 135

"On approval of the composition of information of a reference and analytical nature contained in the unified information system of the notary and relating to the activities of notaries"

(together with the “Composition of information of a reference and analytical nature contained in the unified information system of the notary and relating to the activities of notaries”, approved by the decision of the FNP Board dated 02.06., order of the Ministry of Justice of Russia dated 17.06. N 135)

(Registered with the Ministry of Justice of Russia on June 18. N 32709)

The document is available: from 20:00 to 24:00 (weekends, holidays - around the clock)

Renaming positions and departments can be carried out by agreement of the parties to the employment contract

Especially for Clerk.Ru

Elena Shirimova, leading expert in personnel records and office management at Moyo Delo company

Question from Klerk.Ru reader Lyubov (Moscow)

Our company's structure has changed, as well as staffing. Departments changed to managements and positions changed, but the responsibilities remained the same. How to properly prepare personnel documents, orders and entries in the work book?

Renaming a position and a structural unit (if the condition of working in a specific structural unit was included in employment contracts with employees) means a change in the terms of the employment contract determined by the parties (paragraph 3, part 2, paragraph 2, part 4, article 57 of the Labor Code of the Russian Federation. Such a change can occur either by agreement between the employee and the employer, or at the initiative of the employer for reasons related to changes in organizational working conditions (Article 74 of the Labor Code of the Russian Federation). It follows from the question that the labor function of employees has not changed along with the renaming of positions, as well as they do not actually transfer to other structural units, which means that in this case there is no need to formalize the transfer.

If the renaming of positions and structural units occurs by agreement of the parties to the employment contract, then you need to:

Issue an order to amend the staffing table signed by the head of the organization or his authorized person. The order must provide a justification for renaming positions and divisions, for example: improving the organizational structure of Alpha LLC, optimizing management work, etc. Before issuing the order, it is advisable to request the written consent of the employees affected by the changes (for example, you can send the employee a notice on a second copy which he will express his consent to these changes);

Conclude with each employee affected by the changes an additional agreement to the employment contract, where the new job title should be written down. It is necessary to change the name of a structural unit in an employment contract if a condition about working in a specific structural unit was included in it;

Make changes to the staffing table;

Make entries in the employees’ work books about the renaming of the position and structural unit. They can be formulated, for example, like this: Position: Head of the Legal Department from 01.08. renamed to Head of the Legal Affairs Department, structural unit Legal Department from 01.08. renamed the Department of Legal Affairs. Changes to work books are made in the manner provided for in clause 3.2. Instructions, approved Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003 (by analogy with the entry on the renaming of an organization, since there is no separate procedure for renaming a position and structural unit);

Make appropriate changes to employees’ personal cards;

Make changes to job descriptions if they are approved by the organization.

Confirmation: Art. 72 of the Labor Code of the Russian Federation.

An alternative option is to formalize the renaming of positions and structural units at the initiative of the employer for reasons related to changes in organizational working conditions. In this case you need:

Notify employees in writing no later than two months in advance about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes. If an employee refuses to work under new conditions, he must be offered in writing another job available to the employer (a vacant position or a job corresponding to the employee’s qualifications, a vacant lower position or a lower paid job), which he can perform taking into account his state of health. If you refuse the offered job or if the specified job is not available, file a dismissal on the grounds provided for in clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.

Next, you need to act as described above: issue an order to make changes to the staffing table, conclude additional agreements to the employment contract with employees who did not refuse to work under the new conditions, make changes to the staffing schedule, work books and personal cards of employees, job descriptions .

Confirmation: art. 74, 72, 72.1 of the Labor Code of the Russian Federation.

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Renaming a position

Changes in working conditions may entail the need to rename positions approved in the staffing table. Sometimes it happens that the job title does not fully correspond to the job duties that the employee performs in accordance with his job description. In such cases, it becomes necessary to rename his position to eliminate this discrepancy.

Why do you need to rename a position?

When drawing up the staffing table, the names of positions, specialties and professions are indicated in accordance with the Qualification Directory, approved by Resolution of the Ministry of Labor of the Russian Federation dated August 21, 1998 No. 37. If the position that is planned to be renamed is vacant, corrections to the staffing table are made immediately after the manager signs the corresponding order. The procedure becomes more complicated if the name of a position that is already occupied by an employee changes.

According to Article 15 and Part 2 of Article 57 of the Labor Code of the Russian Federation. the employee’s labor function must correspond to the name assigned to his position in the staffing table. The position defines the specific type of work that can be assigned to the employee.

In the event that, in addition to the name of the position, the job functionality changes, as a rule, questions do not arise from personnel officers. Obviously, in this situation the employee’s work function changes, so it is necessary to formalize a transfer to another job.

Let us recall that transfer to another job, in particular, is recognized as a permanent or temporary change in the employee’s labor function (Article 72.1 of the Labor Code of the Russian Federation).

Therefore, in such a situation, it is impossible to simply issue an order to rename a position in the staffing table, familiarize the employee with it and make changes to the employment contract and personnel documents. Renaming a position in a year with a simultaneous change in labor function is carried out in the order of transfer. The adjustment of the position name is also confirmed by the order to rename the position in the staffing table.

The procedure for renaming a position in a year

Most often, questions about the procedure for renaming a position arise in a situation where the set of job responsibilities of an employee remains the same, and only the name of the position changes.

In our opinion, in this case, too, the renaming of a position should be formalized by a transfer, since the name of the position is an element of the employee’s labor function (paragraph 2, part 2, article 57 of the Labor Code of the Russian Federation). Consequently, when the job title is changed, we can say that the employee’s labor function is also adjusted. In addition, in fact, labor legislation provides the only option for renaming a position - processing a transfer.

Meanwhile, many experts believe that in a situation where the employee’s job responsibilities do not change when the position is renamed, there is no need to formalize the transfer. Let us note that this position is also reflected in judicial practice (appeal ruling of the Supreme Court of the Komi Republic dated July 22 in case No. 33-3857/).

In this case, it is proposed to issue an order to rename the position and familiarize the employee with it. You can download the form and sample order for renaming a position here.

Order to rename a position (sample sample)

Next, you must conclude an additional agreement with the employee to the employment contract, in which you must indicate the new job title. Let us remind you that 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 (Article 72 of the Labor Code of the Russian Federation).

The next step is to make an entry in the work book about renaming the position.

If the employee does not agree to rename the position, the procedure provided for in Art. 74 Labor Code of the Russian Federation. According to this norm, in the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they are allowed to be changed on the initiative of employer, with the exception of changes in the employee’s job function.

In this case, the company must send the employee notice of the renaming of the position at least two months in advance. He must be familiarized with this document against a receipt indicating the date of familiarization. The law does not provide for a sample notification of renaming a position in a unified form, so it can be drawn up in any form. After signing, one copy of the notice is kept in the organization in the personal file, the second remains with the employee.

Sample notice of renaming a position

After two months from the date of notification to the employee:

or an additional agreement to the employment contract is signed, which will indicate the new job title,

or, if the employee refuses to continue working under the new conditions and does not agree to be transferred to another position, the employment contract with the employee is terminated on the basis of clause 7, part 1, art. 77 Labor Code of the Russian Federation.

Please note that the additional agreement will need to stipulate not only the change in the job title, but also the date from which this change comes into force. An additional agreement signed by both parties confirms the employee’s consent. You can download a sample additional agreement to the employment contract here.

When the consent of the parties is formalized, it is necessary to make appropriate changes to the employee’s work book and personal card. The instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69, do not contain information about what wording is entered into the work book in the event of a change in the name of the position, therefore you should follow a procedure similar to that approved for making entries about changes name of the enterprise.

After changes are made to personnel documents, an order is issued to rename the position in the staffing table and the staffing table is adjusted. Changes to the staffing table can be made on the basis of this order. and in another way: draw up a new staffing table and approve it with the appropriate order. The order to rename a position in the staffing table can be downloaded here.

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