According to the Labor code Chapter 12, article 72, any changes in the employment contract are made only with the consent of the employee, and in writing. But this normative document prescribes the change of the position, and interprets that to make such an operation as the need to transfer to another position.
After agreement from the employee is received, head draws the order to change the positions and make this information to the payroll schedule. The content of the order should be something like this: "you have (insert date) to make changes to staffing no. from (date) to replace the (specify position) to (register new)". If you want to increase or decrease the salary, it is also prescribed in the order.
Then it changes and staffing, which shall include all changes. It is signed by the chief of staff and chief accountant.
Later in the work-book entry: "Transferred to the post (specify which)". In practice, also use this abbreviation: "Post ...renamed the post...". But as far as this entry is lawful is unknown. To avoid problems with the labour Inspectorate, it is better to make these changes in the first embodiment.
Do not forget to make a supplemental agreement to the employment contract of an employee where it is necessary to specify at what point the change occurred, and what. If the change of position lead to the increase or decrease of the salary, it's well worth it to register in the additional agreement. This document is drawn up in two copies and signed by both parties.
If the employee does not agree with changing the position, the Manager must offer all possible solutions to this problem. In the end, to find a compromise.
Advice 2 : How to decorate in the workbook renaming positions
In the process activities in each organization can change the structure, staffing and the title of the posts. How to properly execute the entry in the workbook to rename the post?
You will need
- The order of the head about the renaming of positions, staffing of your organization, an additional agreement to labour contract with an employee, a personal card of the worker form T-2 and employment history.
The head of the organization issued an order on renaming of a post. The wording of the order may be: "From 1 August 2014, the following change in the normal drinking – to replace the supply division the post of "procurement Manager" for the position of "purchasing Manager".
On the basis of the order changes to staffing. For example, the post of "procurement Manager" change to "purchasing Manager".
Based on the modified staffing the employer shall conclude with the employee an additional agreement to the labour contract in writing in accordance with the Labour Code of the Russian Federation. To the attention of the employee is necessary to bring, as will now be named for him. Should also inform him that the functions performed and the wages originally established in the employment contract remain the same, the procedure entails only a change in job title.
Also on the basis of the order being amended and a personal card of the employee of the unified form T-2 in section 3 "applying for a job, a transfer to other work".
The making of an entry in the work book about renaming posts. How to submit an entry? For example, from 1 August 2014 the post of "procurement Manager" will be renamed to "purchasing Manager". In the workbook shall contain the following entries: in the column "number of entries" put the corresponding ordinal number; in the "date" mark with number – 01, month is 08, year -2014; in the column "Data on hiring, transfer, training, dismissal (with reasons and reference to article, paragraph of the law) make a note of: "the Post of "procurement Manager" is renamed to "purchasing Manager". Finally, in the column "Name, date and document number on the basis of which entry was made" date and number of the order on transfer the employee to another position, for example "the Order dated 31.07.2014 No. 175".
Record in the work book should be without errors and fixes. Modification of entries is done by being invalidated and make the correct entries.
To ensure quick and proper document management in the organization by the conclusion of the additional employment agreements, issuance of orders and maintenance of work books may be handled by the personnel Department or the clerk.