According to the Labor Code of the Russian Federation, the main document governing the relationship between an employer and an employee is an employment contract. The law does not mention such a document as a job description, but it belongs to the number of local regulations of the employer mentioned in Part 2 of Art. 21 of the Labor Code of the Russian Federation, which means that the employee must also fulfill the obligations enshrined in it.
What the job description contains
In accordance with the letter of Rostrud No. 3042-6-0 of 2007-09-08, the job description is a document with the help of which the labor relations between the employer and the employee are regulated. It contains a full description of the employee's labor function, the limits of his responsibility, as well as those qualification requirements that apply to this position. This instruction is being developed on the basis of qualification reference books and qualification characteristics contained in them.
The job description allows you to determine if a candidate is suitable for a given position. When carrying out certification, it is a document by which it is determined whether an employee who already holds a position corresponds to his job duties. Instructions written for the same position, but different performers, allow you to distribute between them the same degree of responsibility and work that requires the same qualifications.
How to draw up a job description correctly
By putting his signature on the employment contract, the employee undertakes to fulfill both general labor duties and those inherent in a particular position. But, in order not to "clutter" the text of the employment contract with their listing, it is advisable for the employer to develop job descriptions, which are among the local regulations, along with various provisions, instructions and rules that the employee must familiarize himself with before starting to perform his duties. In this case, the text of the employment contract should indicate that the performance of the duties of this employee is regulated by the job description.
In order for the job description to be not just a piece of paper, not binding, to have legal force and the manager had the right to demand its observance, it must be approved by a separate order. When taking office, an employee must be familiarized with it against signature by signing all three copies of it. The first copy is then transferred to the HR department for storage, the second to the manager, and the third remains with the employee.
Compliance with the job description
The requirements and norms set forth in the job description must be observed not only by the employee, but also by the employer. By stipulating a list of responsibilities, it allows you to interpret work that goes beyond their scope as additional, requiring additional payment. On the basis of this document, the employee is entitled to additional remuneration in the event of combining positions, fulfilling the duties of a temporarily absent colleague, increasing the service area, etc.
