Notification of an employee about a change in the name of a position sample. Change of position in the staffing table: procedure. Rules for drawing up an order

If the employer decides to change the name of the position, he must notify the employee working in it. Further actions of the parties to the employment contract depend on the consent of the employee to change the name of the position.

Sometimes employers, trying to keep up with the times, decide to change names certain positions, professions or specialties. Then new complex positions appear in the organization's staff - for example, "sales manager" and "office manager" instead of their counterparts "salesman" and "secretary".

It should be noted that the employer is free to choose the titles of positions, provided that the performance of work on them is not related to the provision of compensation and benefits to the employee. Otherwise, the right of the employer is transformed into his obligation to indicate the names of positions, professions and specialties in staffing in strict accordance with the Qualification Directory of Positions (approved by the post of the Ministry of Labor of Russia dated August 21, 1998 No. 37).
In the article, we will tell you how to formalize a change in the name of a position, depending on whether it is vacant or occupied, whether the employee agrees to change it or not.

If the position is vacant...
Condition about labor function(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). And changing the terms of the employment contract determined by the parties is allowed only by written agreement of the parties (Article 72 of the Labor Code of the Russian Federation). Therefore, if the title of the position changes, the employer must first of all consider whether this position is vacant.

If the position, the name of which the employer wants to change, is not currently occupied by anyone, all actions come down to making adjustments to the company's staffing table. To do this, the head issues an order to amend the staffing table.

If the position is filled...
If the position is occupied, the algorithm of the employer's actions expands and consists of several sequential actions (Article 74 of the Labor Code of the Russian Federation).
First, you need to prepare a justification for the reasons why the name of the position changes, that is, in fact, the terms of the employment contract determined by the employer and employee earlier cannot be saved.

This justification will be needed both to convince the employee, and in the future to prove the legality of the employer's actions when considering a possible dispute in court.

Note that the reasons for changing the name of the position should be the reasons for changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) (Article 74 of the Labor Code of the Russian Federation).
Secondly, it is necessary to notify the employee no later than two months in advance about the upcoming changes, as well as about the reasons that necessitated such changes.

The notification of the employee in writing must be handed to him against signature, sent to him at the address of actual residence known to the employer, or conveyed to the employee in another way that will reliably establish the fact of receiving it personally. An example of a notification is shown in fig. one
.
Failure to comply with the notification procedure by the employer may further jeopardize the legality of his actions, and the procedure for changing the terms of the employment contract may be declared illegal by the court (determination of the Moscow City Court of 07/01/2010 in case No. 33-19700).

If the employee agrees to change the title of the position, the parties enter into an additional agreement to employment contract. The next step after the conclusion will be the issuance of an order to change the name of the employee's position (Fig. 2) .

Making entries in personnel documents worker
After the conclusion of an additional agreement to the employment contract and the issuance of an order to change the name of the position, an entry must be made in work book employee and in a personal card in the form No. T-2.

Since the Instructions for filling out work books (approved by the post of the Ministry of Labor of Russia dated 10.10.2003 No. 69) do not provide what kind of wording in this case is entered in the work book, an entry in the work book in connection with a change in the name of the position can be made using the analogy of making records of a change in the name of the company (clause 3.2 of the Instruction, approved by the post. of the Ministry of Labor of Russia dated 10.10.2003 No. 69).

An entry similar to the entry made in the work book is made in the employee's personal card. At the same time, the employer is obliged to acquaint its owner with each entry made in the work book against signature in his personal card no later than a week's time (Rules, approved by the decree of the Government of the Russian Federation of 16.04.2003 No. 225).

Agree or disagree?
If the employee did not directly express his consent to work in the new conditions, but did not refuse it, that is, he actually continues to work, but already in the new conditions, the employer should formalize such a change in the terms of the employment contract (definition of the Armed Forces of the Russian Federation of October 31, 2008 No. 25-B08-9).

If the employee does not agree to work in the new conditions, the employer should offer him in writing another job available in the company. If there are no similar vacancies, the employee must be offered any other vacant lower position or lower-paid job (Article 74 of the Labor Code of the Russian Federation). In this case, it is necessary to take into account the qualifications of the employee and his state of health.

A written offer of another job must be handed over to the employee personally against signature or communicated to him in a way that will reliably establish the fact of his receipt personally.

This proposal must contain an indication of all the conditions that are mandatory for inclusion in the employment contract. An example of a proposal, see fig. 3.

An employee may refuse to continue working in a renamed position, but agree to be transferred to a 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).
Relevant information is also entered in the personal card and work book of the employee.
If the employee does not agree with the innovations and does not choose another position from those proposed, the employer has the right to fire him. The basis for dismissal will be the employee's refusal to continue working due to a change in the essential terms of the employment contract (clause 7, article 77 of the Labor Code of the Russian Federation).

Evidence for court
If the dispute over the situation with the change of job title is resolved by the employer and the employee in court, the employer will need to provide evidence of the following:
- justification of the reasons for the need to change the title of the position;
- a written notification of the employee about upcoming changes in the terms of the employment contract determined by the parties and about the reasons that necessitated such changes, in compliance with the established deadlines (no later than two months);
- written confirmation of the employee's consent / disagreement to continue working in the new conditions;
- a written offer to the employee of another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, 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 the state of his health;
- Written confirmation of the refusal of the employee from the proposed work;
- Compliance with the procedure for terminating the employment contract.

If the employer complies with all the above conditions, he will be able to prove the legality and validity of his actions during the inspection government bodies control (supervision) and in court.

Opinion 1:

Anna Ivanova, Head of Labor Law Practice at Egorov Puginsky Afanasiev & Partners

If the title of the manager's position changes
In a company, a situation may arise in which the title of the position of the head of the company changes, for example, from the general director to the director of the association. This may be due to both a business need and the intention of the company to hire a foreign executive and obtain permission to work outside the quotas.

First of all, the participants of the company need to amend the charter by changing the name of the position of the sole executive body. Changes to the bylaws must pass state registration v tax authority. A person authorized to represent the employer in relations with the director must sign an additional agreement to the employment contract, indicating the new title of the position.

It is also advisable to contact the bank where the company has a current account and clarify whether it is necessary to make changes to the bank card of signature and seal samples.

In addition, it should be remembered that after changing the name of the position of the head, it is necessary to issue an appropriate order, on the basis of which to make the appropriate changes to the staffing table and to the work book of the head.

Opinion 2:

Tatyana Troshina, legal consulting service GARANT

Labor function when changing the name of the position
The name of the position in accordance with the staffing table of the organization refers to the mandatory terms of the employment contract (Article 57 of the Labor Code of the Russian Federation).

The labor function is understood as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee (Article 15, Part 2, Article 57 of the Labor Code of the Russian Federation). A literal interpretation of these norms allows us to conclude that when the name of the employee's position is changed, his labor function, defined by the employment contract, changes. Within the meaning of these articles, the name of an employee's position is one of the characteristics of his labor function.

A permanent or temporary change in the labor function of an employee is a transfer to another job (Article 72.1 of the Labor Code of the Russian Federation). Therefore, despite the fact that working conditions remain unchanged, formally a change in the name of a position is nothing more than a permanent transfer to another job.

Opinion 3:

Tatyana Troshina, legal consulting service GARANT

Entries in the work book when changing the name of the position
If a change in the name of a position entails a change in the employee's labor function and is documented as a transfer to another job, a record of the transfer must be made in the employee's work book (Article 66 of the Labor Code of the Russian Federation). The entry is made on the basis of an order (instruction) on the transfer no later than a week (clause 10 of the Rules, approved by the decree of the Government of the Russian Federation of April 16, 2003 No. 225).

An entry in the work book about transferring to another job will look like this:
in column 1 of the section "Information about the work" the serial number of the entry is entered;
in column 2 - date of transfer;
in column 3 it is written: “Transferred to the position “such and such””;
column 4 indicates the date and number of the order (instruction) on the transfer.

There is an opinion that if, when changing the name of the position, the duties of the employee (i.e., the very content of the labor function) do not change, but only the name of the position changes, in such a situation we are not talking about changing the labor function and transferring to another job.

The specific wording of the entry in the work book in connection with a change in the name of the position, if such a change did not entail a change in the work function of the employee ( official duties), not provided.

We believe that in such a situation, the employer should, on the basis of an order, make an entry in the work book about renaming the position. For example, the entry might look like this: “Position “such-and-such” has been renamed to “such-and-such”.

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Change the title of an employee's position without changing the job function legal entity can be done with the right procedure.

At the same time, the working conditions remain the same. It is obligatory to draw up an order, a sample of which can be downloaded below.

Reasons for the name change

There are various reasons for undertaking the renaming process:

dissonance of the old name;
more precise designation of the actions performed;
moral obsolescence of the names of professions.

The head of the company may indicate the name of the position at his discretion, with the exception of those professions for which the legislation provides for the provision of special guarantees and benefits.

In this case, the name must fully comply with the requirements professional standards and qualification handbook. Typically, these conditions apply to work that has a harmful and dangerous effect on the health of an employee.

When applying to the Pension Fund for the appointment of a pension, the position of the employee indicated in the work book is checked against the name in the directory.

The procedure for changing the name without changing the labor function

In the case when the employee's labor functions remain the same, but the name is subject to change, this action is not a transfer. In the case of a transfer, it should be drawn up.

The change procedure is allowed with the consent of both parties to the employment relationship and at the initiative of the head in accordance with Article 74 of the Labor Code of the Russian Federation (technological or organizational changes), which is accompanied by a notice.

The document must contain data on the new job title and the reasons for the procedure. It is necessary to notify the specialist about the renaming no later than 2 months before the decision is made, the employee's familiarization signature is put on the form.

If it is not possible to meet with the employee in person, then a notification is sent by registered mail or courier.

with the consent of both parties, the agreement is signed at any convenient time;
with the sole decision of the head of the company, the agreement is approved after 2 months from the date of notification of the specialist.

Refusal of changes on the part of the employee is an extremely rare phenomenon, but still possible. In this case, the employer is obliged to recommend a similar vacancy, taking into account the well-being and qualifications of the specialist, in the absence of such, a less paid one. But these activities are carried out most often in the interests of the employee, it is unreasonable to refuse them.

An additional agreement to the current employment contract is the basis for issuing an order.

How is an order issued?

The document is published on the letterhead of the organization in free form.

Basic information contained in the order:

number, title of the document;
date and place of signing the order;
reason for renaming without changing the labor function (production optimization, company reorganization, changes in the qualification directory);
designation of the name of the old and new positions;
date of entry into force of the changes;
base decision(plan for optimizing the company's structure, additional agreement);
the signature of the head of the legal entity and the employee whose job title is being changed.

The order serves as the basis for the subsequent editing of the employee's personal documentation: personal card, work book. As well as amendments in connection with the renaming are made to the staff list of the enterprise indicating the new title of the position.

This procedure applies to organizations various forms property (commercial, budgetary).

Sample design

Sample order to rename a position, provided that duties do not change -

On changing the terms of the employment contract determined by the parties

Client Relations Specialist E.P. Rykina

In accordance with Art. 74 of the Labor Code Russian Federation we hereby notify you that due to changes in the technology and organization of work of employees of 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 in terms of the title of the position. According to these changes, clause 10 of the above employment contract will be worded as follows: "The employee is hired in the position of" Call Center Operator ". All other conditions of the employment contract dated March 19, 2010 N 45-td, including those relating to wages pay (clause 12) and labor function (clause

Notification of an employee about a change in the name of a position (sample sample)

11) remain unchanged.

The changes specified in this Notice will take effect two months after you have read its text.

We also inform you that, in case of disagreement to continue working in the new conditions, the company is obliged to offer you another job that matches your qualifications and state of health. In the absence of such, you may be offered a lower position or lower-paid work that you could perform, taking into account your qualifications and health status. this work offered subject to company availability. In the absence of such, or if you disagree with the proposed work, the employment contract is subject to termination in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

We kindly ask you to inform the Human Resources Manager Elena Solovyova by December 15, 2010 about your decision on the possibility of continuing work under the new conditions.

Director of Raritet-Service LLC Nikonov K.I. The notification was received by "__" _____ 2010 _____________ /Rykina E.P./ To continue working on the amended terms of the employment contract ___________ "__" _____ 2010 __________ /Rykina E.P./

Comments:

-> Study, education

Everything flows, everything changes, and sometimes circumstances develop in such a way that entrepreneurs are faced with the need to rename the organization. The reasons can be completely different - the reorganization of an enterprise, when it partially or completely changes its course of action, and the old name no longer suits it, a change in economic conditions, when the name change is dictated by market relations, or a new interesting and interesting original idea titles.

It follows that the renaming of an organization is not such a rare procedure in legal practice. It is simply necessary, because according to the law, the renaming of an organization must be officially registered, i.e. it is necessary to amend the founding documents, which in without fail should be submitted to the registration authorities.

Many entrepreneurs consider this business very troublesome and prefer to use legal services company /pel/reimenovan, which will assume all obligations for registration. Usually, these are the services of an LLC company, the so-called Limited Liability Company.

Organization change notice sample

Despite this, the renaming of the organization usually lasts no more than a month. So where do you start? Firstly, if your company has more than one founder, then you need to gather all the founders (shareholders) of the enterprise and make a joint decision that the organization will be renamed. This meeting must be documented in minutes. It is clear that if there is only one founder, then the procedure is greatly simplified, and he himself decides to rename the company, which he himself assures.

Secondly, in order to pass the state registration of changes, it is necessary to collect a package of documents, usually consisting of an application for registration of changes, constituent documents v new edition, minutes of the meeting of all the founders (shareholders) of your company, a document stating that you have paid the state duty.

It is worth noting that the renaming of the organization and labor relations are not particularly related. By and large, the activities of the company can continue to be carried out quietly during the entire re-registration procedure.

There is one very important point: application for registration of a new company name must be signed CEO enterprises and always in the presence of a notary. It is also desirable that the applicant submit documents for renaming the organization personally, although the possibility of execution by proxy also exists.

Thirdly, it goes without saying that the company's charter will need to be rewritten anew, with the name already changed and certified in accordance with all the rules. As already mentioned, for renaming an organization, you must pay a state duty.

After you have gone through everything necessary procedures v tax office, it is necessary to inform about the renaming of the organization to other institutions (pension fund, statistics department, bank with which the company works).

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Organization change notice template

How can we properly draw up personnel documents: issue a transfer of employees or simply make an entry in the personnel documents of employees about the renaming of a structural unit?

InfoFor example, the following entry is possible: “Directorate of Logistics” from 06/01/2010 was renamed to the “Logistics Department”, and in the fourth column, the reason for the renaming should be indicated - the decision or resolution of the administration to change the staffing, as well as its details.
The first and second columns should be left blank. Thus, a change in the name of the department is made out in the labor similar to a change in the name of the position.
In the column about the work, it is necessary to make an entry that “department A” has been renamed to “department B”.
AttentionFor example, "Service information technologies” was renamed into the “Information Technology Department”, while the positions and functions of employees remained the same.

How to rename departments?

Themes:
HR records management
staffing
Employee transfer

Question I have a question for you: Makarova works for us, who is currently on leave to care for a child up to three years old.

In her place, Vashkina was accepted, who is currently on her next vacation.

A reorganization began in the company: the department was renamed without changing the labor functions of employees.

I understand that in this case it is possible to prepare an arbitrary order to rename the name of the department and conclude additional agreements with employees.

But our management went the other way: they removed this department with positions from the staff list and introduced new department with these positions.

Employees wrote applications for their transfer from one department to another.
Except for these two.

How to issue a renaming of the department and positions?

How to get out of the situation will be correct? Rewrite the TD - add a clause to it that from such and such a number of the name of the department in which I accept it will be such and such ...

I do not think that for this worker it will be fundamentally an interesting option, thank you.

We suggest that you issue these changes ahead of schedule, namely such and such a date ...
It's like an option.

Notification of employees about the change of the name of the organization

I want to draw a moderator's attention to this message because: A notification is being sent...
#13 July 18, 2013, 11:21 am

Renaming positions and departments in practice and by law

If the renaming of the position occurs by agreement of the parties, then it must be issued according to the general rules for changing the employment contract (Article 72

Importance of the Labor Code of the Russian Federation). To do this, prepare an additional agreement to the employment contract of the employee whose position is planned to be renamed.
On the basis of an additional agreement, issue an order to change the name of the position.

Enter information about the renaming of the position in the work book and personal card of the employee.

In parallel, make changes to the staffing table, indicating the new position name in it.
№ 33-3857/2013).

Vote:

Offering another job If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another available job (both a vacant position or a job corresponding to qualifications, as well as a vacant lower position or a lower paid job), which the employee can perform taking into account his condition health. At the same time, the employer is obliged to offer all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. Offer vacancies also drawn up in writing in two copies.

Converting a department or renaming what's the difference

A change in the name of the department (if the condition for working in a particular department was included in the contract signed with the employee) can be classified as a modification of its conditions (paragraph 3 of part 2, paragraph 2 of part 4 of article 57 of the Labor Code of the Russian Federation).

If a specific structural unit is not specified in the employment contract:
If the unit is indicated in the employee's employment contract as the place of work:

If the employee’s place of work in the employment contract is defined as “production shop”, and the employee is going to be transferred to the department of the chief technologist, then this legally qualifies as a transfer. In this case, it is necessary to conclude an additional transfer agreement with the employee. The conclusion of the add. agreement may be preceded in your case by a notice to the employer about a change in the mandatory terms of the employment contract (place of work). Thus: If the name of the department is indicated in employment contracts with employees as the place of work, then one should be guided by the procedure provided for in Art. 72 of the Labor Code of the Russian Federation (if an agreement has already been reached with the employee).

Sample entries in the work book

Sample Unlike an entry from a structural unit of an organization, an entry in the work book about the position of an employee or about the work for which he is employed is mandatory without any exceptions. As a result, a change in the name of such a position or job must necessarily be reflected in the document in question. For example, a structural unit of an organization carries out retail, and the employee works in it as a senior salesperson.
As a result of the change in the staffing table, his position was renamed and received the title of "Senior Sales Manager".

We issue an order to rename the position in the staffing table

Such a change in position is reflected in the work book. Download a sample entry in the work book about the renaming of the position.

Renaming a position, department: an entry in the work book. sample

A bank's refusal to conduct an operation can be appealed The Bank of Russia has developed requirements for an application that a bank client (organization, individual entrepreneur, individual) can send to the interdepartmental commission in the event that the bank refuses to make a payment or enter into a bank account (deposit) agreement.< … Сдача СЗВ-М на директора-учредителя: ПФР определился Пенсионный фонд наконец-то поставил точку в спорах о необходимости представлять form SZV-M in relation to the head-single founder. So, for such persons you need to pass both SZV-M and SZV-STAZH!< …

When paying for "children's" sick leave, you will have to be more careful. A disability certificate for caring for a sick child under the age of 7 years will be issued for the entire period of illness without any time limits. But be careful: the procedure for paying for "children's" sick leave has remained the same!< …

How to properly rename a department

In paragraph 3.2 it is determined that if the name of the company changed at the time when the employee worked at this enterprise, then it is necessary to reflect this in the entry in an individual line in the third column of the section on work approximately in the following form: “Fakel CJSC was renamed from 07/21/2010 in LLP "Flame", and in the fourth column, the basis for such a renaming should be indicated - an officially approved decision, resolution or order of the administration, as well as their details. The entry form in the work book The entry in the work book about the renaming of the unit is performed by an individual line in the third column of the section on work.

How to rename departments?

conclusion of an additional agreement with the employee to the labor contract;
execution of an order indicating the new position of the employee and the rationale for such a change (for example, in connection with a change in the staffing table);
registration of an entry in the employee's work book and others Required documents personnel records.

It is important to note that the specific form of such an entry is not provided for by the Rules or the Instructions. Therefore, in this case, one should act by analogy. Paragraph 3.2 of the Instruction provides for a record of a change in the name of the employer.
This provision also applies to the present case. For example, column 3 reflects: “The title of the position “senior salesman” has been changed to “senior sales manager” since 10/06/2016.

Renaming a position in a work book: how to make an entry correctly

T-2; - with those who disagree, the employment contract after 2 months should be terminated, if it is impossible to offer them a translation, according to clause 7 of part 1 of Art. 77 Labor Code with the payment of a two-week severance pay (Article 178 of the Labor Code). 3. Also, is the introduction of the name of a large department as “Department” applicable in an organization? For example, “Marketing Department” and already in this department there will be various departments: Product Marketing Department, Digital Marketing Department and so on. Internal structural subdivisions in each organization are called differently: sectors, laboratories, sections, workshops, bureaus, departments, services, departments, subdivisions themselves, etc. There is often a hierarchy within an organization structural divisions with various names.

Therefore, it is possible to introduce a large subdivision "Department" into the organization.

Making an entry in the work book about the renaming of the position

It is impossible to issue a copy of SZV-M to a retiring employee. According to the law on accounting, an employer, upon dismissal of an employee, is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contains information about all employees. This means that the transfer of a copy of such a report to one employee is the disclosure of personal data of other employees.
< … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < …

The order must justify the reasons that pushed the administration to change, for example:

reorganization of a particular unit;
bringing the old names into line with the norms of the current legislation;
staffing changes.

Along with changing the employee's labor function, renaming the organization in which he works, changing the size of his salary, changing the name of the employee's position means changing the terms of the employment contract. Changes such as renaming a position may occur in connection with a change in certain working conditions, for a more modern sound, etc.

Before a new name is added to the staffing table, the employee must be notified of the upcoming changes. Notice of renaming of the position must be sent to the employee no later than two months. This must be done both if the changes occur by agreement of both parties, and if the initiative to make changes belongs to the employer. Between the parties to the employment contract, even if the new title of the position does not affect the employee's labor function, an additional agreement is concluded.

So, we draw up the correct change in the name of the position: before issuing an order that the position will be renamed and making changes to the staffing table, it is required to notify the employee of the upcoming changes (in person or by letter with notification). Let's figure out how to write a notification correctly.

Notice of job rename (sample)

Since there is no approved form for the notification, the employer draws up this document on his own. In the "header" of the document, it is necessary to indicate the name of the employee to whom it is intended, 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:

Former job title, new title;
The reason for the need for change;
Date of entry into force of the changes;
Information that other working conditions of the employee remain unchanged;
Signature of the head or authorized person (for example, the head of the personnel department).

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

The notification to the employee about the renaming of the position is drawn up in two copies, one for the employee and the employer. The copy of the employer must be signed by the employee stating that he received the second copy of the document.

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

Sample notice to an employee about a job change

Order to change the position of an employee (sample)

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

The order to rename the position in the staff list 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 they want to change it;
An indication that an additional agreement on a change in 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 the position contains a column for the employee to sign, confirming the fact of familiarization with the order. The order must be signed by the head of the organization or a person authorized by him.

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 supplementary agreement on changing the position, it must contain the new name of the position, the details of the order to make changes and the employment contract, the date the changes take effect.

Order to rename a position in the staffing table: sample

So, the position has been renamed. Should an entry in the labor record be made or not? separate order making such an entry is not provided, therefore, you can act by analogy with the entry on renaming the organization.

Renaming a position without changing the labor function, example:

"The position "Marketing Specialist" from 08/01/2018 was renamed to "Marketing Manager"".

In order to avoid problems with the labor inspectorate, the employer must follow the procedure for renaming a position. Upon receipt of the 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 vacancies absent or the employee refuses another job - the employer draws up a dismissal (clause 7, part 1, article 77 of the Labor Code of the Russian Federation).

Renaming a position without changing the labor function (example)

The position of an employee is not just his designation as a labor unit, but also a “career step”, a certain status in a particular enterprise and in society in general. When an employee represents his company in relations with partners, he also names his position, which should inspire respect and trust in the other party. Therefore, sometimes companies that attach great importance to this come to the conclusion that it is necessary to give the position of an employee a different name. In this article, we will consider how to rename a position without changing the labor function, and an example of such renaming.

Position and labor function

The employer is free to name positions at his own discretion, only if the provision of benefits and compensation to employees does not depend on the name of the position. In this case, it is necessary to be guided by the Handbook, approved. Decree of the Ministry of Labor of 08.21.1998 N 37.

The labor function of an employee - a set of labor tasks that are assigned to him - is fixed in the employment contract and is consistent with the name of the corresponding position in the staffing table. The job title is a description of the job function. It turns out that a change in the title of a position entails a change in the labor function. What if nothing really changes?

To begin with, let's figure out what will be a change in the labor function. These may be considered:

change of a certain type or all types of work;
addition of types of work with new labor tasks;
exclusion of any type of work, etc.

Such changes can be made only with the consent of the employee with the obligatory notification of him at least two months in advance. Since the terms of the employment contract change, an additional agreement must be concluded between the parties.

The job title is also essential condition contract, and if the changes affected only the position, and the labor function remained the same, an additional agreement is still concluded. At the same time, the renaming of the position can be justified by changing the organizational or technological working conditions.

Step-by-step instructions for renaming a position

There are two ways to change the job title of a specific employee without changing his job function:

change the name of the position in the staff list and employment contract;
to transfer the employee to a new position, which is either available in the staff list or is added to it.

We will consider the first situation.

So, in a store owned by Romashka LLC, two salespeople work. The employer, having decided to “modernize” the positions in his staff list, wished to rename the salespeople to sales managers. To do this, he needs to take the following steps.

Step 1. Preparation of justification for renaming the position without changing the labor function. An example is “due to an increase in sales volumes”. This step should not be underestimated, because improper justification of the changes can serve as a basis for declaring them illegal.

Step 2. Written notice to the employee of the upcoming changes two months prior to the renaming of the position, made in one of the following ways:

personally with a signature on receipt;
by letter to the address of the employee's place of residence.

The notice must indicate the essence, reasons for the changes and the time period for their entry into force, as well as a proposal to conclude an additional agreement.

Proper notice to the worker is also fundamental to legitimizing the changes.

Step 3. Conclusion of an additional agreement with the employee, in which the clause of the employment contract containing the name of the position is given in a new edition.

Step 4. Issuing an order to amend the staffing table. It must contain the details of the relevant additional agreement to the employment contract with the employee.

Step 5. Making entries in personnel documents - the employee's personal card and work book. An entry about the renaming of the position is made in the work book by analogy with the entry about the renaming of the company: “The name of the position“ seller ”from DD.MM.YYYY was changed to“ sales manager ”.

Following the above procedure will ensure the legitimacy of the changes, and the former "salesperson" can safely be called a "sales manager".