Renaming a position without changing the job function: how to register. Notification of renaming a position (sample) Notification of changing the name of a position sample

The head of a legal entity can change the title of an employee’s position without changing the job function if this procedure is carried out correctly.

At the same time, the conditions for performing the work remain the same. It is mandatory to draw up an order, a sample of which can be downloaded below.

Reasons for the name change

There are various reasons for carrying out the renaming process:

• cacophony of the old name;
• more precise designation of the actions performed;
• obsolescence of the names of professions.

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

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

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

Procedure for changing a title without changing the job function

In the case where the employee’s job functions remain the same, but the name is subject to change, this action is not a transfer. In case of transfer, it should be completed.

The change procedure is permitted with the consent of both parties to the labor relationship and at the initiative of the manager in accordance with Article 74 of the Labor Code of the Russian Federation (technological or organizational changes), which is accompanied by the execution of a notification.

The document must contain information about the new job title and the reasons for the procedure. The specialist must be notified of the renaming no later than 2 months before the decision is made; the employee’s introductory signature is placed on the form.

If it is not possible to meet the employee in person, the 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 to change on the part of an 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, or, if there is none, a less paid one. But these activities are most often carried out 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 organization's letterhead 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 position;
• date of entry into force of changes;
• basis for the decision (plan to optimize the company structure, additional agreement);
• signature of the head of the legal entity and the employee whose job title is being changed.

The order serves as the basis for subsequent editing of the employee’s personal documentation: personal card, work book. Also, amendments in connection with the renaming are made to the staffing table of the enterprise indicating the new job title.

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

Sample design

Sample order for renaming a position, provided that the responsibilities do not change -

Resolving the issue of renaming specific positions on the staff of a company, enterprise or organization is necessary to transform the schedule in accordance with the accepted professional standard or the current qualification directory. The functionality does not change with this action.

The renaming of a position is determined by the introduction of new rank characteristics into the TKS (tariff and qualification reference book), and new names into the Qualification reference book for positions of management, specialists and employees. In this case, the previous name is considered incorrect, and a corresponding new one is introduced in its place. Renaming a position is not considered a transfer.

For commercial (non-state) enterprises, professional standards are nature of the recommendation.

The employer’s obligation to necessarily apply professional standards when renaming positions arises in cases where the performance of functions by employees is associated with the presence of compensation, benefits or restrictions (Article 57 of the Labor Code of the Russian Federation, Part 2).

If the professional standard for a given position has not yet been approved, the title must be adjusted in accordance with the qualification directory.

Example. There is no position with the title “occupational safety engineer” either in the Directory or in the professional standard. The changed position should be called “occupational safety specialist”.

Procedure options

The choice of one or another procedure for adjusting names is provided for cases when:

• vacant jobs;
• job responsibilities are already performed by the hired employee.

In the first option, the procedure proceeds without certain difficulties and ends with adjustments to the staffing table following the signing of the corresponding order by the manager. If the professional duties for this position are already performed by the hired employee, the procedure will be complicated by the implementation of certain mandatory steps.

Algorithm of actions

The employer himself can initiate the procedure directly in the event that there are organizational, structural or technological changes. The previous working conditions cannot be preserved, and only the list of professional job responsibilities of a particular person remains in effect.

Justifications and notification of the employee

To explain to a company employee why it is necessary to change the terms of the previous employment agreement, he needs to give specific reasons explaining the actions of the administration. It is necessary to refer to Art. 57 of the Labor Code of the Russian Federation, which states that the name of the position is an integral condition of the employment contract with the employer.

The reasons that prompted the employer to make this change may be:

• reorganization of the structure where individuals work;
• introduction of some changes to the staffing table;
• the introduction of a technical or technological innovation that changes the nature of production or the form of service provision.

The employer must provide a written notification to the employee about the upcoming adjustment of the title of his position no later than two months before the planned action (Part 2 of Article 74 of the Labor Code of the Russian Federation).

It is necessary to notify the employee of a change in the organizational structure against signature, by delivering the document to his residence address, or using another opportunity. A copy of the notification must be given to the addressee.

The text of the notification must contain a link to Art. 74 of the Labor Code of the Russian Federation and the wording as in the sample below: “Due to changes in working conditions (expansion of the department, increase in production volume or sales - enter the necessary one) two months from the time of receipt of this notification, your position will be called differently (name according to the Directory). The functionality will not change."

Ignoring this step by the employer may lead to negative consequences in possible court proceedings related to the illegality of renaming a position or dismissing a dissenting employee. If there are no objections from the employee, the procedure moves to the next stage.

Additional agreement

When mutual agreement is reached between the employee and the administration, an additional agreement to the employment contract is created, add. no contract is drawn up between the company employee and the employer.

The form of the agreement can be arbitrary, but must include:

• document's name;
• preamble - an indication of the two parties signing the document;
• subject of the agreement: renaming the position with additions to certain clauses of the agreement;
• signatures of the parties indicating details.

There are cases when an individual disagrees to upcoming changes in the organizational structure and refuses to work in the new conditions. Then the employer is obliged offer in writing to fill a vacancy that is adequate to the employee’s qualifications and with similar pay. If there is no similar vacancy, he will be offered a job available to the employer. Sometimes it is also lower paid. Whether to agree or not is up to the employee to decide.

It is also possible to change the title of a position held by a woman on maternity leave before giving birth. This action is permitted by Art. 72 of the Labor Code of the Russian Federation only according to an additional agreement drawn up in writing. If the woman does not agree, it is impossible to dismiss her at the request of the employer in accordance with the provisions of Art. 81 Labor Code of the Russian Federation.

In the case where the employee is not satisfied with either the rename or any of the proposed places of work - he has the right to fire him. This provision is written in paragraph 7 of Art. 77 Labor Code of the Russian Federation. A dismissed individual may go to court, considering the dismissal illegal. If the judge finds evidence of non-compliance with the procedure when adjusting the job title, the former employee will be reinstated to his job.

Issuance of an order

The actual renaming of the position occurs from the time the order for this action is signed and approved.

The basis for issuing the order is an additional agreement signed by the parties.

The creation of the order is carried out by an authorized company employee, most often a HR specialist. There is no unified form of the document; the company usually has a sample, but the mandatory points in its edition are the reflection of the new job title and the time when the rename comes into force.

The order is signed by the manager and recorded in a special journal. The employee is familiarized with its contents against signature, one copy is given to him by an authorized employee

Entries in personnel documentation

New wording is being introduced:

The renaming of a position in the staffing table occurs on the basis of the provisions set out in Resolution No. 1/05.01.2004, approved by the State Statistics Committee of Russia.

Changes in staffing

Changes to the staffing table can be made in two ways:

• issuing an adjustment order listing all amendments to the order;
• approval of the changed staffing table.

In the case where there are many changed items and they are significant, a new staffing table is approved.

If there is a change in the names of a department or position, you can make changes to the existing schedule by changing the content of specific columns. The method of changing the information that is in the staffing table is chosen by the head of the company or organization himself.

Changes to the staffing table follow after the issuance of an order on the need to adjust job titles. The procedure is initiated by the personnel officer, who informs the manager about this in his report. Here, the HR employee lists those structural units and positions whose names need to be changed.

Based on the contents of the memo, the manager issues an order to enter the changed information into the staffing table. The text of the document contains a link to a previously created order on organizational and staffing measures.

In contact with

In order to keep up with rapidly changing trends in the work environment, the management of a particular organization is renaming job titles. Agree, it would seem strange if a stylist or hairdresser in the 21st century were still called a barber, and cooks were still called cooks. The same thing happens with regular professions, but the renaming process has some nuances. How to prepare the necessary documents?

Is it possible to rename a position in the staffing table?

How to rename a position without changing the job function?

The job title acts as the main component of the labor function of the personnel - what he works with. Thus, a change in job title is followed by a change in job function, which means that there is actually a transfer to another job position. How can this be avoided?

When adjusting job titles, it is imperative to indicate innovations in the employment contract, staffing table, as well as information entered into the work book.

If the renaming of the job position changes along with the list of powers and responsibilities, then registration of the employee’s transfer is inevitable. But there are cases when, in fact, nothing except the name changes.

Let’s say V. Slozhenitsky, formerly an ordinary janitor, was renamed “personnel cleaning.” Then it's possible:

• Drawing up a notice of renaming an employee’s job position in the staffing table without changing his work functions. Within two months, the employer is obliged to familiarize the subordinate with the notice (the document must be secured with signatures);
• Drawing up an additional agreement on the introduction of new conditions in the employment contract;
• Drawing up an order document in which it is necessary to clearly describe what is being replaced by what;
• Making a corresponding entry in the employee’s work book.

This way you can avoid issuing a transfer order, that is, changing your work function.

Procedure for renaming a position

When management decided to replace job titles - rename them, in strict order it is necessary to prepare:

• notification of personnel about the innovation (2 months in advance);
• additional agreement to the employment contract;
• order to adjust the job title;
• entering innovations into the staffing table and “service record”.

The voluntariness of the employee himself, in relation to whom these “reforms” are taking place, is important. If he has given his permission, then the employer interested in this must:

• Draw up a notification statement about the renaming of the “post” he occupies. Moreover, the entry into legal force of the document begins after the employee writes “AGREE” and signs;
• Draw up an additional agreement to the employment contract, where the position title will then be corrected;
• Referring to the above documents, an order is issued, which is also signed by the parties;
• Either create an order to reform the staffing table, or fix a new staffing table;
• Write in the labor record: “The job title “janitor” has been changed to “cleaning staff.”

If an employee refuses the ongoing “reforms”, the points provided for .

How to rename an employee's position

The law does not provide for a strict procedure for renaming an official position.

Let us imagine the most common scenario for the development of events in this procedure:

• It is necessary to introduce a new title of the required profession into the staffing table;
• Inform the subordinate whose position is to be renamed by having him sign the notice and a copy of the agreement (he can either agree or refuse);
• Issue an order. The latter is considered the main document confirming the change of the employee’s job title;
• Such an order will officially save information in employee cards in the “Work book” and “Position held” tabs;
• Next, it is important to formalize the transfer of the employee to a formally new job (according to the law, the procedure for changing the name of a job position is a transfer to another job). Thus, the previous position is removed from the staffing table.

Order to rename a position - sample

In this order, control over compliance with its provisions is the responsibility of the employer. In order to insure against unforeseen circumstances, it is recommended to draw up the document in duplicate.

Sample notice of renaming a position

protects the employed population: if the personnel refuses the proposal to rename the position, they will find another type of activity in this enterprise. If none of the prospects suits him, then soon instead of a notice he will have to sign a termination of the employment contract, namely, dismissal is coming. Therefore, employees are recommended to immediately agree to the demands of their superiors.

Work book entry - sample

When filling out, remember that all information is entered on the basis of the relevant order of the manager within a strictly limited period - one week (from the date of the order).

It is also necessary that the information entered in the work book coincide with the main point of the order.

Sometimes managers of enterprises and organizations consider it necessary to rename the positions of certain categories of employees. In order to carry out this procedure correctly, among other measures, it is necessary to notify the personnel representatives who are directly affected by this renaming.

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Why are positions renamed?

A change in the title of a particular position can occur for various reasons. For example:

• due to the greater euphony of the new name - for the purpose of non-material incentives for the employee (instead of a cleaner - a territory cleaning manager or a cleaning specialist);
• due to better correspondence of the new designation to the essence of the work performed (sales consultant or salesperson-cashier instead of just a salesperson).

It happens that a name change occurs due to its obsolescence, for example, for historical reasons the names of such professions as “doctor” were changed to doctor, “attorney” to lawyer, “barber” to hairdresser, etc.

Procedure for changing the name

To change the title of a position, you first need to issue a corresponding order at the enterprise.

It states:

• the reason why management decided to carry out this “reform”;
• old name and new;
• the date from which the innovation will come into force;
• the requirement to introduce these innovations and employment contracts with employees (by concluding additional agreements with them on changing working conditions), as well as their work books.

Employees who are directly affected by the change in job title must put their signature under the management order.

When should an employee be notified?

To notify an employee about a change in the name of his position, the legislator has established a standard period of time - two months before these changes enter into legal force.

In this case, the employee is required to sign the notification received - his autograph will indicate that he is familiar with the management’s decision and agrees with such metamorphoses.

If the employee refuses to change the job title

If the employee refuses to change the name of his position (which is still unlikely if other working conditions are maintained), the employer must act in accordance with Art. 74 Labor Code of the Russian Federation. It states that he is obliged to provide the subordinate with options for available vacancies within the enterprise that correspond to his qualifications, and in the absence of such or the employee’s refusal, he has every right to dismiss him.

Notification of position renaming, general points

Before moving on to a detailed description of the notification, we will provide general information about all such notification papers.

The first and most important thing to say is that the notification can be written in any form, since today there is no unified template established at the legislative level. It is also acceptable to use your own document template developed and approved by the organization - if, of course, there is one. In any case, the format of the notification should be specified in the local regulations of the enterprise (since a representative of the labor inspectorate may inquire about this issue when checking an employee’s complaint).

The document must be signed either by the director of the organization or by an employee who is authorized to endorse such forms on his behalf (for example, the head/specialist of the personnel department).

If it is customary for an enterprise to certify documents using a seal, the form must be stamped.

The notification can be drawn up on a simple blank sheet of any suitable format (usually A4 or A5 is used) or on company letterhead (again, if such a condition is specified in the company’s accounting policy). You can write it manually or type it on a computer and then print it out - both of these options are quite acceptable.

It is better to formulate a notification in two identical copies. One must be given to the employee, the second must be left in the organization (after having previously received the employee’s signature on it that a copy has been handed over to him). Information about the notification must be entered in a special accounting journal (it is stored either in the personnel department or in the secretariat).

Sample notification to an employee about renaming a position

At the beginning of the document (on the right or left) you must write the following information:

• addressee - the position and full name of the employee for whom the notification is intended;
• assigned outgoing document number;
• date of its preparation;
• the locality in which the enterprise operates.

Then comes the actual message. In the main section of the document you need to indicate:

• Company name;
• the reason why the employee’s job title was changed;
• previous and new job title;
• the date from which the changes will become legal;
• a link to the article of the Labor Code justifying the employer’s actions (in this case it is Article 74 of the Labor Code of the Russian Federation);
• a note stating that the employee’s other working conditions, including wages, will not change.

Finally, the notification is signed by the responsible person and handed over to its destination.

How to give a notification

There are several ways to deliver a notification to an employee:

1. the easiest and fastest way is to transfer the document at the workplace from hand to hand;
2. send a notification by registered mail via regular mail - this method also guarantees receipt of the message by the addressee;
3. you can send the form by courier to the employee’s place of actual residence - but in this case you must also obtain the latter’s signature stating that the letter was delivered to him at the appointed time.

In practice, there are often situations when a company needs to rename a position without changing the job function. An example is the desire to name a specialist’s position more euphoniously, more reputably, in order to make the best impression on the contractors with whom this employee interacts. The law leaves the company the right to make planned adjustments to the staffing table, but obliges it to obtain acceptance from a specialist and sign an additional agreement with him reflecting the essence of the changes that have occurred.

What is a position and job function?

Current legislation leaves the employing company the right to name the position of a specialist at its own discretion, if the chosen name does not affect the need to provide the employee with preferences and benefits. In order not to make a mistake, you should be guided by the provisions of the Handbook, approved by Order of the Ministry of Labor No. 37, adopted in 1998.

In practice, firms actively use freedom in job titles. For example, a personnel officer in different companies may be called an HR manager, a specialist in personnel selection and adaptation, a personnel inspector, etc.

The employee’s labor function is fixed in the contract signed by the specialist and the company’s staffing table. Its change entails the need to draw up personnel documents (order, additional agreement to the employment contract), and a proportional increase in the level of wages.

The following is recognized as a change in labor function:

• expanding the list of functions performed by a specialist;
• narrowing the range of tasks to be solved;
• changing certain responsibilities assigned to the employee to new ones.

Any modifications in the functionality performed are carried out with the written consent of the hired specialist. The company is obliged to notify him of planned changes no later than two months before they come into force.

What should an enterprise do if it does not want to adjust the labor function of a specialist, but wants to name his position in the “staff” more solidly or harmoniously? The law leaves this right to the employer, but obliges it to obtain consent from the hired employee and sign an additional agreement with him.

Read also Transfer of personal income tax upon dismissal of an employee in 2019

The procedure for renaming an employee's position

From the point of view of the Labor Code of the Russian Federation, renaming a position is a change in the essential terms of the employment contract. This can be done in two ways:

• by agreement of the parties, the provisions of Art. 72 of the Labor Code of the Russian Federation;
• at the initiative of the hiring company - the situation is regulated by the rules set out in Art. 74 Labor Code of the Russian Federation.

If the initiator of the change is the employer, he is obliged to send written notice to the employee no later than two months before the planned changes. Current legislation does not offer a unified form of the document. It is only stipulated that it must indicate the future name of the specialist’s position in the company, the reasons for the adjustments made (for example, reorganization of the department, changes to the staffing table, the use of new production technologies, etc.).

The specialist who receives the notice usually agrees to the new terms. To confirm his acceptance, he writes “I have no objection” on the document and affixes his own signature.

Another option for developing the situation is the employee’s refusal. It should be noted that such an outcome is extremely unlikely: renaming positions is usually carried out in the interests of personnel. If the employee still does not agree with the changes, the company is obliged to offer him alternative positions (including lower paid ones) in writing. If none of the options suits the specialist, the employment contract will be terminated under clause 1, part 7, art. 77 Labor Code of the Russian Federation.

If agreement is reached between the parties, an additional agreement to the employment contract is signed two months after receiving the notification. It states:

• Document number and date;
• Company name;
• Full name and current position of the specialist;
• No. and date of the contract to which adjustments are made;
• No. of the amended paragraph and its new edition;
• an indication that the remaining provisions of the contract remain unchanged.

The additional agreement must be signed by both parties. It is prepared in two copies: one is stored in the personnel department of the enterprise, the second is issued “in hand” to the employee.