Conflicts between an employee and an employer are quite common. Practice shows that a significant part of the disagreement arises from a misunderstanding by both parties of the content of production activities and the employee's job duties. To resolve these issues, job descriptions are developed that clearly define the nature and scope of work of a particular employee. But what if the job description is missing or outdated?
Necessary
- - Labor Code of the Russian Federation;
- - local regulations of the enterprise (organization).
Instructions
Step 1
Please note that when registering an employee for work, responsibilities for a specific position or job function are enshrined in an individual employment contract. General labor duties are also reflected in part 2 of Art. 21 of the Labor Code of the Russian Federation. These documents should be guided first of all if, for some reason, there is no job description.
Step 2
Pay attention to the local regulations that the employer usually has. These are various rules, internal instructions, regulations. The employer is obliged to bring the content of such documents to each employee of the organization against signature.
Step 3
When using local acts in disputable situations, keep in mind that they should be within the competence of the employer and not contradict labor or other legislation. Otherwise, the requirements for the employee may be recognized as illegal and challenged in accordance with the established procedure.
Step 4
Please also keep in mind that in the course of business the employer is often faced with the need to amend the regulations of the enterprise. They may relate to the requirements for the qualifications of employees and their practical experience, especially when it comes to increasing the level and complexity of functions in the modernization of production. The introduction of such changes should not prejudice the legal rights of an employee already holding a specific position.
Step 5
In any case, if you find that the job description for a specific job function is missing or outdated, take action to remedy the situation. This type of normative act, although not directly stipulated by the Labor Code, is desirable in an enterprise or organization of any form of ownership. A clearly and competently drawn up instruction will help prevent the possibility of transferring labor disputes to the plane of court decisions that is undesirable for both parties.
