New staffing how to determine the category of workers. Reasons for making changes to the staffing table. How to apply for staffing changes

Consider whether we need staffing in the organization and how to develop it; what is the procedure for approving the own form of the document. We will study complex issues, for example, the procedure for approving the staffing table, if the company has separate divisions or only one employee.

Staffing: to be or not to be

To begin with, let's figure out whether the staffing table (SR) is the primary accounting document and whether it is mandatory for the organization to have it.

On January 1, 2013, Federal Law No. 402-FZ of December 6, 2011 “On Accounting” (hereinafter referred to as Law No. 402-FZ) came into force, according to which each fact of the economic life of an organization is subject to registration by a primary accounting document containing only required details. At the same time, the right to choose the forms of primary documents (unified or independently developed) now belongs to the employer<1>.

For your information. The facts of economic life include a transaction, event, operation that have or are able to have an impact on financial position economic entity, financial results its activities and (or) movement Money.

Expert opinions on the mandatory staffing vary. In our opinion, it should be approved by the organization. This conclusion follows from the interpretation of Art. Art. 15, 57, 66, 81 of the Labor Code of the Russian Federation. So, in Art. Art. 15 and 57 indicate the need for the employee and the employer to determine and fix in the employment contract “the labor function (work according to the position in accordance with the staffing table ...)”. At the same time, there is no clause "if any", contained in many articles of the Labor Code of the Russian Federation<2>and giving the right to choose, if this presence (of an authority, document, circumstance) is not confirmed.

In addition, Art. 57 establishes that the employee and the employer may provide for an additional condition on specifying the place of work (indicating structural unit and its location) and (or) about the workplace. Information about the structural unit is precisely contained in the staffing table and will subsequently be reflected in work book employee (Article 66 of the Labor Code of the Russian Federation, clause 3.1 of the Instructions for filling out work books<3>).

At the same time, one should not forget about such a basis for dismissal as “reducing the number or staff of employees” (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). In the absence of a staffing table, it is practically impossible to prove the legitimacy of the dismissal of employees on this basis, as well as the validity of the amounts paid to such employees, neither by the labor inspectorate, nor by the fiscal authorities, nor by the court.

The conclusion about the need for staffing is also supported by by-laws<4>and established jurisprudence.

In any case, its presence minimizes the risks of claims from the fiscal supervisory and judicial authorities. Therefore, the employer should approve the staffing table.

We approve the schedule

The staffing table is a local regulatory act of the organization, which fixes in a consolidated form the existing division of labor between employees and the conditions for remuneration of their labor (Rostrud Letter dated 01.23.2013 N PG / 409-6-1). That is, the staffing reflects the events labor relations that can affect the financial position of the organization and (or) cash flow. In fact, an organization (especially a newly created one) or another employer does not have the right to hire workers in the absence of a staffing table.

Previously, a unified form of staffing was mandatory, approved by the Decree of the State Statistics Committee of Russia of 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment." However, since 2013 its use has become optional. And although many organizations still use unified forms, you should not miss the opportunity provided by the legislator and adapt it to the needs of a particular employer.

Choose a method

Considering the provisions of Art. 9 of Law N 402-FZ, before compiling the organization's staffing table, it is necessary to approve its form, as well as the forms of other documents on accounting for labor and its payment.

You can do this in two ways:

- approve by a separate order of the organization with the application of the relevant forms;

- reflect in the accounting policy of the organization for accounting purposes, which forms of primary accounting documents (unified or independently developed) are used to formalize the facts of economic life (see example 2 below). In this case, the indicated forms of documents should be made annexes to the accounting policy (see example 3 below).

It should be noted that due to the mandatory accounting policy for most employers in accordance with Art. 8 of Law N 402-FZ, the second method of fixing the applied forms of primary documents is more preferable.

Approval Order

So, the employer decided to approve the staffing table according to a self-developed form. The first step is to issue an order.

Changes

Changes to the approved and current staffing table are also made by order - either reflecting specific changes, or approving new edition SR.

As Rostrud noted in Letter N 428-6-1 dated March 22, 2012, the staffing table changes if structural divisions or positions are renamed, salaries change, the number or staff of employees is reduced. The frequency and frequency of changes in the staffing table is determined by the employer.

Requisites

Keep in mind: a self-developed staffing table must contain both information about the order that approved its form and the details of the document by which it was put into effect (see example 7).

In addition, in the staffing table developed by the organization, there is no need to indicate the period of its validity (as opposed to the unified form). It is enough to indicate the date the staffing table is put into effect.

Newly established organizations

The staffing table is compiled, even if only the head works in the newly created organization. There are two options for the presentation of staff units:

- or only the head is indicated;

- or the necessary staff and number of employees are immediately fixed.

Branches and representative offices

Separately, it should be said about the staffing of an organization in which there are branches, representative offices or other separate divisions.

In the new form of staffing, it is possible to provide for the allocation of not only structural, but also separate divisions.

If The staffing table is compiled by the department independently(moreover, such a right should be provided for in the charter of the organization, the regulation on the division and the power of attorney of the head of the division), then it is advisable to provide for the approval procedure, and indicate the details of the approval in the staff list itself.

Filling in individual columns

It is especially necessary to say about filling in the “Salary” column, etc.: the amount of the salary should be one, the indication of the so-called “fork” is not allowed, since according to Art. 22 of the Labor Code of the Russian Federation, payment should be equal for equal work.

Note. You can read about the rules for filling out such staffing columns as “Position”, “Number of staff units”, “Tariff rate (salary), etc.”, “Surcharge” in the article “Staffing in questions and answers” ​​on p. 46 of the journal N 7, 2009.

Reflection if needed Same positions, different salaries(and not salaries), we recommend either establishing categories or categories for the position, or regulating this by establishing allowances (surcharges) depending on the qualifications of employees. Rostrud also adheres to this position (Letter dated April 27, 2011 N 1111-6-1).

Therefore, the employer, when developing a staffing form for the purpose of establishing personal allowances and additional payments to employees, can state the information in the column “Additions, additional payments” as shown in the example:

A sample of the design of the column "Surcharges, surcharges" in the staffing table.

If in an organization the salary of employees consists of salaries (or of salaries and irregularly paid bonuses), then the column “Surcharges, additional payments” can be excluded. And vice versa: if the employer uses regular bonuses as an incentive for the work of employees, then you can add the “Bonuses” column, also for convenience, highlighting the sub-graphs “Basis” and “Amount, rub.” (see example 12).

A sample of the design of the column "Award", "On hand" in the staffing table.

For a number of employers, due to the need to comply with Art. Art. 133 and 133.1 of the Labor Code of the Russian Federation, it would be useful to add the columns “For payment” or “In hand” (example 12).

Extract from the staffing table

It should be remembered that according to Art. 62 of the Labor Code of the Russian Federation, the employer is obliged to provide the employee, at his request, with documents related to his work, including extracts from documents (Article 88 of the Labor Code of the Russian Federation). Therefore, we consider it appropriate to also approve the form Statements from the staff list (there is no unified form).

Regular arrangement

The staffing table is a planned and impersonal document. Therefore, do not “weight” it with information. After all, this document can be submitted to the fiscal or judicial authorities, which should not know the "extra" information. To fix the actual position of the placement of personnel (by name) and wages (taking into account "floating" bonuses), it is advisable to use the regular placement. The document may be on paper or in electronic format and contain any information about employees required by the employer (see example 14).

State arrangement.

Society with limited liability"SportInvest"

(LLC "SportInvest")

Staffing on 03.11.2014

Opinion. Maria Kolganova, Associate Professor, Department of Entrepreneurial and labor law State University of Management

In the theory of law, one of the main features of the labor law relationship has always been the inclusion of a new employee in the staff of the organization. The importance of this action is related to the legal fixing of the employee within the organization. The inclusion of an employee in the organization's staff "closes" the previously existing vacancy, determines his place in the system of organization and management labor processes inside the company, predetermines the main component of the amount of his earnings (official salary, salary, tariff rate), fixes and makes it legitimate to differentiate the adjustment of wages due to allowances, additional payments, KTU and other payments that allow, in accordance with the wage systems approved in the organization, to personalize the earnings of the staff.

Note. See the article “How to organize work with personal data in HR departments” on p. 40 of the journal N 3, 2012.

Those companies that provide staff to third parties face serious problems in these matters. Such organizations (private employment agencies) can formally meet the requirement for a staffing table, but from a legal point of view, it is created in a real organization and for real jobs, and not under a civil contract with an intermediary.

Note. See the article “10 Mistakes to Avoid When Processing Documents Related to Personal Data” on p. 52 journals N 3, 2012.

Companies that transmit labor force, hired under a staffing agreement, do not create real jobs, do not invest in production and its modernization. In the event of bankruptcy of an intermediary organization, its property (often rented) cannot be a guarantor of compensation for lost earnings by employees. And therefore, it makes no sense to consider the staffing tables created in them as serious organizational and financial documents.

Note. Read about “borrowed” labor on p. 70.

No less problems arise for such companies in connection with the execution of personnel documentation. If the intermediary registers the hired employee for his job, then the actual performance of labor functions in harmful or dangerous working conditions by the real production worker will not be counted in his preferential length of service, which gives the right to a pension, since in the office of the intermediary company that registers the employee in accordance with her staff list to a real employer, there are no such harmful working conditions. No FIU structure recognizes work on the staffing of an intermediary firm as work in harmful or dangerous conditions that give the right to pension benefits. This is explained by the fact that in the employee's work book, which, in accordance with Art. 66 of the Labor Code of the Russian Federation is the main document on his labor activity and work experience, in accordance with the staff list of the intermediary, a record of employment was made.

In conclusion, I would like to note that the requirements for documents set forth in Law N 402-FZ, in some cases, differ from the requirements of labor legislation (which, in fact, are tougher). Therefore, in order to avoid claims from the inspectors, we recommend taking the unified form N T-3 as the basis for developing the staffing form. It is advisable to use GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation requirements. And finally, since the staffing table contains personal data of employees, its storage, processing, destruction must be carried out in accordance with the requirements of the legislation of the Russian Federation on the protection of personal data.

Y. Titova

Teacher,

Journal Expert

"Personnel service

and human resource management"

Signed for print

In most cases, the name of the position is formed on the basis of professional activity, which is not always possible to formulate in one word.

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That is why there are long job titles in order to concretize the labor function or the name, which disguise simple duties under a prestigious title. And the formation of job titles is determined by law. It establishes both the requirements for names and possible options.

Normative base

The staffing table is one of the local acts created in order to streamline organizational structure companies and fixing the amount of remuneration.

The agreed document states:

• names of all positions from management to ordinary employees;
• the number of staff units for each vacancy;
• the amount of remuneration from salary or hourly tariff rate to allowances as a percentage.

As a rule, there are no problems when determining the salary, due to the fact that for this type of remuneration for work a single rule has been established, enshrined in Article 133 of the Labor Code of the Russian Federation. The total must not be lower than the minimum wage, which is formed taking into account the cost of the food basket and the annual inflation rate and is set at the federal level.

That is, it is enough for the employer to be guided by Article 133 of the Labor Code of the Russian Federation and their own financial capabilities when setting the amount of remuneration. But with the choice of job titles, it is more difficult, since there are a lot of industries, and there are a lot of job titles, not to mention the legislative norms enshrined in the ETCS and Chapter 31 of the Labor Code of the Russian Federation that regulate compliance with professional standards.

What does the law say?

In accordance with the Decrees of the Ministry of Labor in the Russian Federation, a Unified Tariff and Qualification Guide has been formed. It includes many issues approved by the same Decrees of the Ministry of Labor of the Russian Federation with the definition of job titles in the context of each industry, indicating qualification requirements for vacancies and an approximate list of job responsibilities, necessary knowledge and job description.

Also, Article 195.2 of the Labor Code of the Russian Federation states that the name of the position in the staff list should be formed taking into account the ETKS in connection with the requirements established for Professional Standards.

That is, the head of the company, when choosing the name of the position, must take into account several factors, namely:

• correspondence of the name to the imputed duties;
• the ratio of requirements to qualification characteristics of work.

For example, it is permissible to call a secretary an assistant to the head, because the duties are identical. But it’s hardly possible to call a locksmith a communications inspector, since the name of the vacancy should be formed taking into account the duties performed, and not a prestigious title.

When are reference books and professional standards required?

Article 195.3 of the Labor Code of the Russian Federation states that compliance with the Professional Standards is mandatory for many employers - those who manage companies with state ownership or institutions in which half authorized capital belongs to the Russian Federation.

For example, in municipalities, government departments and other government agencies, the job title must comply with the ETKS and the requirements specified in the specified document, while in other companies the directory can be used as recommendations.

Also, ETKS and professional standards must be observed in cases where there are working conditions at the workplace of workers that deviate from the norm and give the right to a certain list of benefits.

Benefits are guaranteed by federal law, respectively, if they are provided, certain requirements apply. For example, the same correspondence of the job title to Professional standards.

So, you can work for 20 years as a painter and breathe paint fumes, but at the same time have a job title "construction worker." This does not comply with the ETKS and does not provide for harmful conditions employment, and hence the right to.

That is, in accordance with the norms of the law, the list of benefits directly depends on the name of the position, which will be provided to the employee only if the name of the vacancy corresponds to the duties performed.

There are several other important factors to consider:

• If the company has a tariff system of payment, that is, grades, class, then in accordance with Article 143 of the Labor Code of the Russian Federation, the name of the vacancy should be established taking into account the norms of the Qualification Handbooks. This is due to the fact that the list of duties for some positions is given for each category separately, given that the level of qualifications and characteristics of work are different.
• In accordance with Article 18 of Federal Law No. 426, during the certification of workplaces, in addition to general data, the certification sheet also indicates the profession code. This assumes that the title of the positions corresponds to the Qualification Handbook. And since attestation must be carried out at all enterprises at least once every five years, differences between the actual title of the position and the title of the vacancy in the ETKS can lead to violations of the assessment procedure.

In other cases, compliance with professional standards is advisory in nature. This implies the use of directories only as a standard form, which can be modified taking into account the specifics of the company and imputed duties, but, nevertheless, not completely ignored.

Can you come up with a name yourself?

As a rule, for institutions belonging to state structures, the staffing table is set by higher authorities, so they do not have any difficulties with the selection of names, since they receive it ready-made.

But for companies that are commercial structures, when choosing names, many questions arise, because the list official duties does not always coincide with the ETKS due to the specifics of labor and can be much wider than the established standards.

In such a situation, the company's management can come up with a name on their own, but taking into account both the requirements for professional standards and the capacity for individual positions. If there are no harmful conditions or classiness in the company, then the name of the vacancy can be arbitrary, but within reasonable limits, given that the general length of service in a particular industry sometimes depends on the name of the position.

For example, in some companies there is 1 full-time position of a lawyer, and several specialists are engaged in this area, the title of which may indicate, for example, a specialist in legal work. Or the same watchman can become a security guard of the economic part, since he is in charge of only the adjacent territory of the company, and even then at night.

Features of using job titles in the staffing table

Considering that, as of 2019, there are no uniform rules for the formation of job titles at the legislative level, and professional standards must be observed only under certain working conditions and in government structures, many companies select job titles based on their own rules.

They are as follows:

• a prestigious title to increase motivation;
• long name in order to specify imputed duties;
• an arbitrary name for the sake of fashion and Western trends.

For example, in currently quite common and prestigious is the position of manager. Under it, you can disguise less sonorous professions, for example, the same cleaning lady, who, having become the manager of a cleaning service, will not stop washing floors and dusting, but will receive an additional reason to be proud of her position, which means an incentive to develop.

Or, due to the small number of staff, one employee can hold two positions. For example, it can be a deputy director - head of a department. Thus, two jobs are combined, and, accordingly, duties in one full-time instruction, but with larger powers.

In some companies, the practice of naming a position using letters of a foreign alphabet. For example, the following option is used - IT - manager.

Basic selection principles

The stipulated rules are not always correct. They violate both the norms of the current legislation and the rules for the formation of job titles in accordance with subordination.

The following principles should be followed:

• First - compliance with the name of the category of the staff hierarchy, which can be chosen arbitrarily, but taking into account subordination.
• Second - correspondence of the job title to the duties performed.
• Third- Application of the law.

Thus, in the Decree of the Government of the Russian Federation No. 225, paragraph 6 of the Instructions for filling out work books says that the work book is filled out only in the state language, which is Russian on the territory of the Russian Federation.

Accordingly, the names of positions in English and other languages ​​are prohibited. But when applying for a job, the name of the vacancy must be indicated, therefore, the norms of the law in the case of an IT manager will be violated.

Base and derived variants

Given that there are a lot of job titles, they are divided into types:

• basic;
• arbitrary.

The basic names are those fixed in the Qualification Handbooks. But the names formed from the basic ones or invented independently can be arbitrary.

Naturally, if there is a basic name, there are no problems, since its basis is regulated by the ETCS. But in connection with the use of arbitrary names, questions may arise regarding the determination of the right to early retirement benefits.

In paragraph 9 of the Decree of the Ministry of Labor of the Russian Federation No. 29, an explanation is provided on this matter. According to him, derivative job titles, which include basic titles, can be recognized as basic, and entitle the employee to receive benefits.

For example, the profession of a battery worker is present in the ETKS, but the senior battery worker is not, while the nature of work and the hazard code correspond to the first name, which automatically gives the right to benefits established by law.

If an arbitrary name does not contain a base name, then it will be difficult for an employee to claim any benefits. Therefore, when calculating a pension, the length of service in the agreed position will be counted as a total and no more.

That is, if the company is engaged in the general field and there are no harmful conditions at the workplace, arbitrary names can be used, but if the hazard code is 3.1, the name of the profession must have at least a basic name.

Rules for the use of individual words

The qualification directory contains many job titles, most of which do not consist of one word, but of several.

For example, a forklift driver or a refrigerator charger. That is, the law allows the name of a profession, consisting of several words containing a specification of a certain type of activity.

The law also allows the use of prepositions in the names of vacancies that act as a link between several words - for example, an ultrasonic technician or a conservator of equipment and metal products, which again implies a very wide range of different phrases.

There is no limit set by law for a certain number of words in job titles, given that some industries may have quite long titles that will be present in vacancies.

So, quite extensive names are currently common in the field of government structures, where the following positions are present:

• economist for accounting and analysis of economic activity;
• Leading specialist in contract and claims work.

That is, there are no restrictions on the number of words and the use of prepositions for the formation of logical phrases in job titles at the legislative level, given that the specified aspects are present in the job titles in the ETCS.

One more aspect should be noted.

In accordance with the Qualification Guide, additional words to basic titles, such as director or secretary, are used as a clarification of the powers and duties performed.

For example, a secretary can only deal with office work, but a secretary-typist will be busy in the formation of administrative and other documentation.

Accordingly, the director will be directly involved in the management of the company, but the executive director will have powers only in one of certain areas.

What should be remembered?

When choosing a job title, it should be remembered that the correct title of the profession predetermines the right to receive benefits established by law.

The same right to early retirement or benefits provided for Labor Veterans, who, on the basis of the norms of Federal Law No. 5, must confirm their length of service and type of activity in a particular industry.

It should also be remembered that a prestigious title will not change the scope of duties, nor will it give the holder of the same position of cleaning service manager additional powers in the field of leadership.

And it should be borne in mind that any basic name in ETCS is developed for a specific industry with its own specifics and responsibilities. Therefore, it will not be advisable to use it in another industry, because the terms of reference will be completely different.

Our company has an employee in the position of "operator of machine tools of the control panel" without a category (salary). He is alone in third party organization passed courses to improve the category "operator of machine tools of the control panel of the 5th category" and received a certificate. At the previous place of work was 4 category. 1. Can we make a change in the staffing table and an entry in the work book "operator of machine tools of the control panel of the 5th category" so that he has experience with the 5th category? 2. Is it possible to hire an employee with the category indicated in the work book at the previous place of work?

1) if an employee is assigned a new category during the period of work, this must be reflected in the work book in the "Information about work" section. In column 1 of the specified section, put the next serial number of the entry, in column 2 indicate the date the category was assigned, in column 3 make the main entry. In column 4, indicate the details of the supporting document: its number and date.

The unified form of the staffing table provides for the column "category", therefore, in the event of an increase in the category, changes must be made to the staffing table. If the organization uses its own form of staffing, it may not indicate the categories in it;

2) the organization can hire an employee with the category indicated in the work book at the previous place of work.

The rationale for this position is given below in the materials of the Glavbukh System, commercial version and Personnel System.

Rank Assignment

If an employee is assigned a new rank (class, category, etc.) during the period of work, this must be recorded in the section "Information about work" of the work book. * Establish a second and subsequent profession, specialty, qualification, mark in the work book indicating grades, classes or other categories of these professions, specialties or skill levels. This is stated in clause 3.1 of the Instruction approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Ivan Shklovets,
Deputy Head Federal Service for work and employment

2.Situation:Do I need to make ranks, allowances and bonuses in the staffing table

Yes need.

However, since January 1, 2013, in connection with the adoption of the Law of December 6, 2011 No. 402-FZ, the use of unified forms is not mandatory for most organizations. The exception is public sector organizations. They still have to use uniform forms in their work without fail.

All other organizations, when drawing up organizational and administrative documents, have the right to continue using both unified forms and develop them independently.

Such conclusions follow from the totality of the provisions of the articles, the Law of December 6, 2011 No. 402-FZ and are confirmed by the letter of the Ministry of Finance of Russia of December 4, 2012 No. PZ-10/2012.

Therefore, having developed its own form of staffing, the employer can indicate categories, allowances and bonuses or not indicate them at all if they are not provided for in the organization.

Nina Kovyazina,
Deputy Director of the Department of Education and
human resources of the Ministry of Health of Russia

Sincerely,
Chekalova Natalia, expert of BSS "Systems Chief Accountant".

The answer was approved by Sergey Granatkin, leading expert of the BSS "Sistema Glavbukh"

Please tell me, when drawing up the staffing table, how to correctly indicate the category - in fact or as in ETKS. The fact is that, for example, a locksmith works in grade 4, and in ETKS the ceiling for his position is grade 5, I think that since he occupies grade 4 today, then there should be grade 4 in the staffing table, and if he is ever raised after the exam up to the 5th category, then it will be necessary to make changes to the staffing table and indicate the locksmith of the 5th category, then set him to the 5th category, conclude an additional agreement, transfer, and so on. arrange. but Chief Accountant wants to indicate rank ceilings in the staffing table, although not all employees currently work on the ceiling, some have lower ranks. He argues this by the fact that if the question of increasing the discharge ever arises, then you can simply look at the staff. although I say that the ceiling of discharges can be viewed by ETKS, it is not necessary to indicate this in the staff. Bottom line: I think that the staffing and orders for admission should be the same. Am I right. Thanks a lot in advance for your reply.

Answer

Answer to the question:

The staffing table is used to formalize the structure, staffing and staffing of the organization.

In order to effectively economic activity the employer independently and under his own responsibility makes the necessary personnel decisions, including recruitment.

At the same time, the legislation does not require that all units provided for in the staffing table be filled, and that units are introduced into the staffing table in reserve, because. the employer can at any time, if necessary, enter the desired vacancy.

Thus, we can conclude that when forming the staffing table, you can include in it both positions already occupied (i.e., in fact), and vacant positions to which in the future it is planned to hire new or transfer existing employees.

Regarding the question: I think that the staffing and admission orders should be the same

Yes, you are absolutely right.

In accordance with Art. 57 of the Labor Code of the Russian Federation, mandatory for inclusion in an employment contract is labor function(work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee).

In turn, in accordance with Article 68 of the Labor Code of the Russian Federation, employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

Thus, we can conclude that the name of the position in the staffing table, the employment contract and the order must absolutely match.

Details in the materials of the System:

Assignment of staffing

staffing form

Since January 1, 2013, in connection with the adoption, the use of unified forms is not mandatory for most organizations. The exception is . They still have to use uniform forms in their work without fail.

All other organizations, when drawing up organizational and administrative documents, have the right to both continue to use unified forms and.

Such conclusions follow from the totality of the provisions of the articles, the Law of December 6, 2011 No. 402-FZ and are confirmed.

Staff scheduling

The staffing table, unlike, is an impersonal document. It does not indicate specific employees, but the number of positions in the organization and salaries for them. Employees are appointed to positions by orders of the head after the approval of the schedule.

Situation: Is it possible to add positions to the staff list that will be hired in a few months or years

Thus, the employer has the right to add positions to the staff list, even if it is planned to hire employees for them after some time.

This approach should be applied if the organization uses and staffing.

Situation:Is it possible to establish a higher rank by profession than provided for in the ETKS

No.

The establishment of categories for employees takes place in accordance with the approved ones. This act provides for the assignment of a rank in strict accordance with the requirements, depending on the qualification requirements and labor skills of a particular employee (p., General Provisions approved).

Therefore, the employer is not entitled to establish a higher rank for an employee than provided for by the qualification requirements of the ETKS.

Nina Kovyazina,
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

1. Answer:How to make a staffing table
2. Answer:Labor Code of the Russian Federation

Article 57. Content of an employment contract

The employment contract specifies:

last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws with the performance of work on certain positions, professions, specialties are associated with the provision of compensations and benefits or the presence of restrictions, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government Russian Federation, or relevant provisions professional standards;

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

working time and rest time (if for this employee it differs from the general rules in force for this employer);

guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

mandatory condition social insurance an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law.

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

on additional non-state pension provision for an employee.

By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Article 68

Employment is formalized by the order (instruction) of the employer, issued on the basis of the concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract.

The order (instruction) of the employer on employment is announced to the employee against signature within three days from the date of the actual start of work. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to labor activity employee, collective agreement.

With respect and wishes for comfortable work, Svetlana Vartanova,

Ready-made plan of the main affairs of the personnel officer for the first quarter of 2019
Read the article: Why should a personnel officer check accounting, do I need to submit new reports in January, and what code to approve for a time sheet in 2019

Any enterprise, regardless of the form of management, pays the labor of its employees differently, as indicated in the staffing table, but the ratio of salaries of employees at the enterprise is fixed in the tariff scale.

This is one way to calculate wages at an enterprise, which is formed on the basis of local or legislative acts, it is she who determines the coefficient for multiplying the minimum wage, depending on the qualifications of the specialist and other related ones.

When forming the tariff scale, the following is taken into account:

• The intensity of the work load;
• Harmfulness and danger of production;
• Length of working time and length of service of an employee in one position;
• Branch of production, since for each type of production its own coefficients are used;
• Employee qualification;
• Features of climatic conditions.

Important: the cost of an employee's hour of work is always used as a basis in the tariff scale.

The volume of work performed by him per shift can be taken into account, while it is subsequently still broken down by the number of hours in the shift or working day. This leads to the calculation of the hourly rate of an employee in any production.

The differences between the tariff system and are discussed in this video:

Important: rates and increased salaries may not depend on categories. The tariff scale is formed according to the categories, usually 6 categories are used in its formation, such a system is used mainly for budgetary institutions.

If the enterprise is engaged in production and is quite complex, a larger number of digits up to 23 is used, but the same coefficients are applied as in the public sector.

The salary of each employee depends on the coefficients used.

Application of the tariff scale in organizations

Remuneration in production is formed in accordance with the legislation of Art. 143 - 145 of the Labor Code of the Russian Federation and when using tariff and qualification reference books.

Labor Code of the Russian Federation Article 143. Tariff systems wages

Tariff wage systems - wage systems based on the tariff system of differentiation of wages of employees various categories.
The tariff system for differentiation of wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff coefficients.
Tariff scale - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.
The tariff category is a value that reflects the complexity of the work and the level of qualification of the employee.
Qualification category - a value that reflects the level vocational training worker.
Tariffication of work - the assignment of types of labor to tariff categories or qualification categories, depending on the complexity of the work.
The complexity of the work performed is determined on the basis of their billing.
Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees, or taking into account professional standards. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.
Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems for remuneration of labor are established taking into account the unified tariff-qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees or professional standards, as well as taking into account state guarantees on wages.

These handbooks are a list of activities and various professions that are available in enterprises and institutions. They fully contain the characteristics and qualification data, as well as the complexity of all types of professions. In addition, they indicate the requirements for the skills and experience of employees, determine their degree of responsibility.

Important: the directory is designed to determine and assign a rank to each employee.

Of course, at the enterprise, the management has the right to develop its own tariff-qualification guide, taking into account the characteristics of the organization's activities.

Important: in this case, the guarantees and rights of the employee should not be infringed, in particular, labor should not be paid below the minimum wage.

Classification according to new standards

Classification in the tariff scale occurs on the basis of several components:

• Industry;
• State and commercial organizations;
• division within the enterprise.

For example, in the pricing of payments for medical workers their categories, base salary and minimum wage are involved.

In addition, rates are based on:

• Centralized act established by the authorities;
• The contractual basis is a collective agreement.

At the same time, a new wage system is applied, but taking into account the old foundations.

Rank Odds and Pay Rates

The coefficients used may vary depending on the industry of application, but at the same time, fixed indicators are used for budgetary organizations in almost any area.

For example, for budgetary organizations in medicine, the following figures apply:

Important: at the same time, if the employee works in countryside, then 25% of the base salary is added to his salary.

If this is a deputy, then his salary is 10 - 20% lower than the head, taking into account qualifications, degrees, honorary titles.

If the specialty is not indicated in the tariff intersectoral reference book, then such a specialist is paid in accordance with the unified tariff and qualification reference book.

Examples of payment calculations

If hourly wages are used, then the number of hours worked is simply multiplied by the hourly rate.

The employee worked 150 hours per month, his rate per hour is 134 rubles, it follows that he earned:

150 * 134 = 20,100 rubles per month.

Since he fulfilled the plan, according to the collective agreement, he is entitled to a bonus of 20% of earnings, that is:

• 20,100 * 0.2 = 4,020 rubles bonus. you will find out by what rules it is calculated monthly bonus employees.
• 20,100 + 4,020 = 24,120 rubles earnings.

In addition, he has a 5th category, and this involves the use of a coefficient of 1.268, which indicates the employee’s earnings in a given month of 30,584.16 rubles.

Important: if the employee has not fulfilled the plan, then the employer has the right to deprive him of the allowance.

Conclusion

The pay scale is a great advantage if it is used in accordance with innovations and, first of all, the value of the employee, his experience and complexity are assessed production process, and already at the next step is the rank of a managerial position.

How to build an effective wage system in an enterprise - see here: