Preparation
Changing the name of the position in which the employee is located, in accordance with Art. 57 of the Labor Code of the Russian Federation is considered an essential condition for changing the employment contract. Therefore, in order for the order to have legal force, it is necessary to prepare for its approval and signing.
Preparation involves notifying the employees themselves of the company's intentions. If they have nothing against the fact that their position will be called differently, then they sign an addendum. agreement to the employment contract. It is called “On Amendments to the Employment Contract”. Thus, an order can be issued only on the basis of these papers.
Renaming positions and departments can be carried out by agreement of the parties to the employment contract
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 justification for renaming positions and departments, 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 who will be affected by the changes (for example, you can send notification, on the second copy of 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 workers’ work books about the renaming of the position and structural unit. They can be formulated, for example, as follows: “The position “Head of the Legal Department” was renamed “Head of the Legal Affairs Department” from 08/01/2013, “The “Legal Department” structural unit was renamed “Legal Affairs Department” from 08/01/2013.” 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 divisions 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 the new conditions, he must be offered in writing another job available to the employer (a vacant position or a job that corresponds 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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What formulations can be used
To ensure the validity of the paper, it states the compelling reasons that prompted the company to use such an order. This could be a reference to Federal Law No. 400 “On Insurance Pensions” or any other that prompted the employer to change the job title. The order will begin in this case like this: “In order to bring the job title into compliance with the requirements.” Next will be a link to the law, regulation, etc.
FOR EXAMPLE. Simply, “accountant” can be replaced by “materials accountant” or “deputy chief engineer” can be replaced by “senior engineer”, if this replacement cannot be avoided.
The qualification reference book is a guide and support for the compiler. Sometimes the purpose of the process is simply justified: “Due to changes in staffing,” “Due to changes in production technology,” or “Due to the need to enlarge or reorganize the department.”
Decor
The order must contain:
- Full name of the publishing organization with details, including index and address. All this is contained in the top of the paper. If it is intended purely for internal use, then it is not necessary to include this item.
- The city in which the paper is signed. This information is located on the left side of the sheet.
- Date of publication of the document. Indicated on the right side of the sheet.
- The number assigned to the order. He will be mentioned in the personnel order book.
- Information about the grounds for renaming the position. There are few compelling reasons to justify such a move.
- Old and new job title.
- Whoever is responsible for the shift process makes appropriate amendments to the staffing table. This could be a personnel officer or an accountant. The full name of this employee may be indicated.
- Who will control the process? The manager often takes responsibility for controlling the renaming.
- Link to the additional agreement (there may be several documents if the order concerns several employees). Also a link to notifications (if there are no agreements) or to an act of refusal to sign notifications.
- Manager's signature.
It is especially important to draw up such a paper if there are any harmful factors during the performance of duties.
Situations are not uncommon in which an employee, according to the labor legislation of the Russian Federation, has the right to early retirement. But his position is not listed in the qualification directory. When deciding on the early retirement of an employee, the pension fund always checks the qualification document. Thus, the employee may lose this privilege due to delays in paperwork. To prevent this from happening, these orders are issued.
What kind of changes are these?
Minor changes of an organizational or technological nature can be carried out at the unilateral initiative of the employer. In this case, it is not the agreement that is filled out, but the notification. Moreover, the latter implies a free form of presentation. However, it would not be superfluous to mention from which name his position is changing to which, as well as the reasons why this happens. A conscientious employer takes care of his employees in this way. Personnel officers should not forget about such nuances. It is advisable to attend to this issue 2 calendar months before the proposed renaming.
Why change the name of the organization
The name of a company is not only its “face” and a recognizable brand, it is also a legislative act. By assigning a name to an organization, the owners or founders record it in various legislative documents, thus distinguishing themselves from other legal entities. In addition, the name also carries a psychological message.
Question: What problems may arise if information about changing the name of the organization is not included in the work book? View answer
For what reasons may it be necessary to “re-baptize” an organization:
- Desire of managers. If suddenly a new interesting and bright idea has appeared that best suits the activities of the organization, with which all the founders agree, then why not change the outdated name?
- Market trends dictate . Economic conditions are very dynamic, and their changes may require a change of course, which may also be expressed in the name.
- Reorganization. The company merged with another, split up, changed the direction of its activities - in any case, the old name no longer reflects its essence and needs to be replaced.
- The court's decision. Sometimes a name change may be forced, for example, if errors were made in assigning it or it is similar or identical to the existing name of another organization.
Whatever the reason for renaming, it should be done using the same algorithm.
Question: The employee was hired in 2009, during which time the organization was renamed several times. What name of the organization should be indicated when submitting the SZV-TD for the first time: the last rename and the fact that the employee was hired in 2009, or indicate all changes in the name of the organization? View answer
If the employee does not agree with the renaming
There are times when an employee does not agree with the actions of the employer. Then he has the right to challenge his actions in court. If his signature is not on the agreement or notice of renaming, then an act of refusal of the agreement is drawn up (at least two witnesses who are not interested in the case must be invited to the commission to draw up this act, to simplify further interaction).
FOR YOUR INFORMATION! If an employee has signed a notice or agreement, the chances of winning his case are slim to none.
The dismissal of such an employee in the absence of vacant positions with the same name will be carried out officially and legally, in accordance with clause 7 of Art. 77 Labor Code of the Russian Federation.
Attention! Renaming a position will not be considered a transfer.
Will this be a translation?
Some people believe that a change in job title will automatically constitute a transfer. However, in paragraph 1 of Art. 72 of the Labor Code of the Russian Federation clearly states what constitutes a translation. It means “a permanent or temporary change in the employee’s labor function” or the unit in which he is registered. Also, a transfer is the relocation of an employee to another territory. Neither one nor the other applies to the documentary renaming of the position. Therefore, renaming a position is not considered a transfer.
Where is information about the order entered?
Data from this document must be reflected in the staffing table and other personnel documents. The order itself is entered in the book of registration of orders for personnel (these documents are stored for 75 years). Depending on the specifics of the paper (whether the employees are in harmful service, etc.), the order to rename positions can be recorded in the general book of registration of orders for the main activity. The same must be done if the organization does not have a separate book for registering orders for personnel (but this must be mentioned in the order, charter and other documents of the company).
