Can a department consist of one department head? How many employees are needed to create a department in commercial organizations? One-person business unit
The Employee Handbook provides answers to key questions related to your new job. Current update of the database of answers to employee questions - 2019.
From the article you will learn:
What information about the company's organizational structure should be included in the employee handbook?
Can a department consist of one head of that department?
We have a small organization, and there are departments that employ one person at a time. If the employee is a manager, should there be subordinates in the department?
Andrey Levin, leading HR specialist
Formally Labor Code does not prohibit the employer from creating structural units that consist of only one employee, in particular the head of the department. At the same time, the position of “manager” involves leadership of subordinates. For example, the Qualification Directory provides for such an obligation for the position of “head of the personnel department” (approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37). Qualification reference books are advisory in nature. But there are exceptions when the Labor Code and other laws establish compensation and benefits or impose restrictions in connection with work in certain positions. Then the names of such positions and professions must correspond to the name from the directory, and the nature of the work for the position must correspond to the functionality from the directory (part two of Article 57 of the Labor Code of the Russian Federation). If these conditions are violated, the employee will not be entitled to compensation and benefits.
If there are no other staff positions in the department, then staffing table Only the position of a manager can be provided. But so that the title of the position corresponds to the direction of the company’s activities, designate it as “deputy manager” for the desired area. So, for example, in order not to create a personnel department that consists of one head, enter the position “deputy head of the organization for personnel.”
Is it necessary to indicate the positions of temporary and seasonal employees in the staffing table?
Our company provides ticket delivery services. IN summer period The volume of work is increasing and we want to accept additional couriers. Do these positions need to be listed in the staffing table?
Anna Kolesova, HR Manager
Yes need. Such work is either short-term, or employees perform it for a certain period due to natural or climatic conditions (paragraph 3, 4 of the first part of Article 59 of the Labor Code of the Russian Federation). As a result, the employer creates new jobs at this time, which must be introduced into staffing table, and at the end of the specified period - withdraw. But, if an organization hires a temporary employee during the absence of the main employee, who retains his place of work, then changes to the staffing table do not need to be made (paragraph 2 of the first part of Article 59 of the Labor Code of the Russian Federation).
In order not to constantly make changes to the staffing table, make a note about the seasonal nature of the work in column 10 “Note” unified form. Outside of the season, such positions will be listed as vacant. However, this method also has its disadvantages. Vacancies will have to be reported monthly to the employment service.
How to provide information about the staffing table in the employee handbook
Is it necessary to include home-based workers in the organization’s staff and staffing schedule?
We have production company for tailoring. We are hiring an employee who will perform duties from home. Should he be counted as a full-time employee?
Svetlana Polyakova, HR inspector
Yes need. However, if a home worker is hired temporarily to replace a main employee, he will be a full-time employee, but will not increase the number of units in the staffing table.
The staffing table reflects the structure, staffing and number of employees organizations (Article 57 of the Labor Code of the Russian Federation, section 1 of the instructions of the State Statistics Committee of Russia of January 5, 2004 No. 1). Any employee with whom the employer enters into a contract employment contract, reflected in the staffing table. This rule does not depend on the specific nature of the work: part-time work, remote work, at home. Moreover, all homeworkers who work under employment contracts are full-time workers. Therefore, the positions and staffing units of home-based employees, if they are not temporary substitutes for key employees, must be taken into account in the staffing table.
Is it possible to include positions in the staffing table that will be hired in a few months or years?
From September we plan to expand our staff and hire new specialists. Is it possible to make changes to the staffing schedule in advance?
Oleg Kantaurov, Head of HR Department
Yes, you can. The employer independently and at its own responsibility makes personnel decisions, including personnel selection. There are no provisions in the Labor Code that oblige the company to immediately fill vacant positions in the staffing table. The courts also point to this (clause 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). However, it is worth keeping the consequences in mind.
If there are vacancies in the staffing table, regardless of whether employees are required for them or not, you will have to report them monthly to the employment service (clause 3 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). Staffing in many organizations is necessary for fund planning wages(payroll) and financial budgets. By default, the amounts provided for in it are included in the payroll. To prevent the budget from being overstated, take into account the vacancies that you include in the staffing table for the future.
Thus, add positions to the staffing table, even if you plan to hire employees after some time. Use the same approach if you use a self-developed staffing form.
What places should be reported to the employment service - free or vacant?
This is the first time we are preparing a report to the employment service. What vacancies need to be reported?
Yulia Rybina, HR specialist
The employment service must be reported monthly about all available and vacant positions (clause 3 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). The law does not have a single definition of the concepts “ vacant position" and "vacant position". Arbitrage practice on issues of reduction shares these concepts. A position is considered vacant when there are no employment contracts for it, and free if the employee is temporarily absent for any reason. For example, when a key employee goes on maternity leave or goes on a long business trip.
When statistical reports are prepared, vacant places are considered to be those that are free after layoffs, maternity and child care leave, as well as new jobs for which they plan to hire employees within 30 days (Rosstat Order No. 325 dated 07/05/2016).
Taking into account all approaches, submit information both for vacancies for which no employment contract has been concluded, and for temporarily vacant positions for which hiring of workers is planned.
How to justify job titles in an employee handbook
Is it possible to use positions with the prefix “i.” o.", "io", "vrio"?
Our department director is leaving. The head of the department will temporarily perform his duties. Is it possible to indicate in the documents his position as “acting director of the department”?
Galina Zagitova, head of department
No, you cannot list the position as “interim”. All-Russian classifier occupations OK 010-2014 (MSKZ-08) (approved by order of Rosstandart dated December 12, 2014 No. 2020-st) and the Qualification Directory (approved by decree of the Ministry of Labor of Russia dated August 21, 1998 No. 37) do not contain positions with the prefix “and . o.", "io", "interim". Fill out the duties of another employee either as an assignment of additional work while maintaining previous responsibilities without changing the position, or as temporary transfer to the position of the one who needs to be replaced (Articles 60.2, 72.2 of the Labor Code of the Russian Federation).
An employee who performs the duties of an employee with signature right in parallel with his main work, he can put “and” in documents. O." and the position of the colleague who is absent (clause 3.17 Methodological recommendations on the implementation of GOST R 6.30-2003). Or indicate in the documents the current position of the employee and confirm the authority to sign documents with a reference to the order on temporary performance of duties (clause 3.22 of GOST R 6.30-2003, approved by Decree of the State Standard of Russia of March 3, 2003 No. 65-st) (sample below).
In what cases are the job titles “chief”, “leading”, “senior” introduced?
We are a young, rapidly growing company. We formed a staff of two dozen economists. When hiring, the positions were named differently, in three categories: chief economist, leading and senior. The manager set the task to bring everything to uniformity. How to correctly use the prefixes “leading”, “chief” and “senior”? Which one is more important?
Natalya Pisareva, HR department inspector
The categories “leading” and “senior” are derived from basic positions, which are in the Qualification Directory of Positions of Managers, Specialists and Other Employees (approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37). The job title “senior” is used if an employee, along with his main responsibilities, manages the performers subordinate to him. This category can be established as an exception if the employee does not have subordinates, but he independently manages the area of work. At the same time, for positions of specialists with qualification category(for example, category I engineer) the title “senior” is not used.
Specialists in the “leader” category are entrusted with the functions of a manager and responsible performer of work in one of the areas of the organization’s activities or responsibilities for coordination and methodological management of groups in departments.
The name “main” provides for increased qualification requirements to the position ( Chief Engineer, Chief Accountant, Chief Power Engineer and so on.). In addition, this category can be registered in local act organization, taking into account the requirements for the education and qualifications of the employee, for example, “ Chief Specialist according to...” (Article 8 of the Labor Code of the Russian Federation).
Is it possible to set salary ranges according to position in the staffing table?
Often we accept an employee based on a resume, but his abilities turn out to be lower than expected, while he receives a salary as a highly qualified specialist. Is it possible in the staffing table to provide for a range of salaries, minimum and maximum, depending on the qualifications of the employee?
Anatoly Svistkov, HR manager
No you can not. The law obliges the employer to provide employees with equal pay for work of equal value (Article 22 of the Labor Code of the Russian Federation). Therefore, if you establish a range of salaries for one profession or position that does not have gradations by rank or category, this will be discrimination in the world of labor (Article 3 of the Labor Code of the Russian Federation).
A salary range can be established only in case of differences in the categories of professions or in the qualification categories of employee positions, which are reflected in the staffing table in column 3 (Article 143 of the Labor Code of the Russian Federation). For example, milling operators of the 2nd and 6th categories or a labor protection engineer of the 1st category and a safety engineer labor protection II category.
It is possible to vary the amount of remuneration due to allowances. They are determined depending on the employee’s work skills, complexity, quantity, quality and conditions of the work he performs (part one of Article 132 of the Labor Code of the Russian Federation). Reflect the allowances in columns 6–8 of the staffing table. Similar explanations are given by Rostrud specialists in letter dated April 27, 2011 No. 1111-6-1. The legitimacy of this position is also confirmed by the courts (appeal rulings of the Yaroslavl Regional Court dated May 5, 2014 No. 33-2519/2014, decision of the Savyolovsky District Court of Moscow dated June 3, 2015 No. 2-3726/2015).
Can a commercial organization have a boss? legal department without subordinates?
Answer
Yes maybe. The staffing table may provide for the position of head of a department if there are no other staff positions in this department.
The rationale for this position is given below in the materials of the “Lawyer System” .
Situation: Can a department consist of one head of this department?
“Formally, the Labor Code of the Russian Federation does not prohibit an employer from creating structural units (for example, a department) consisting of only one employee, in particular, the head of this structural unit.
At the same time, according to general rule and based on logic job responsibilities The “manager” categories involve managing subordinate employees. For example, for the position of head of the human resources department, such a duty is expressly provided for, approved. The specified document also provides for the responsibilities for managing department employees for other managers - the head of the department capital construction, head of the equipment procurement department, head of the quality control department, etc.
Wherein qualification reference books As a general rule, they are recommended documents for use. An exception is when performing work in certain positions or professions labor legislation binds the provision of compensation and benefits (early retirement, additional leave) or sets any restrictions. Then the names of such positions and professions must correspond to the name from the directory, and the nature of the work for the position must correspond to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Based on what is indicated in the general case, the staffing table may provide for the position of head of a department in the absence of other staff positions in this department. At the same time, in order to avoid a discrepancy between the position title and, if additional motivation is necessary for an employee who is solely responsible for one or another area of the company’s activities, his position can be designated as a deputy manager in the corresponding area. So, for example, instead of creating a personnel department consisting only of the head of this department, it can be recommended to introduce into the staffing table the position of deputy head of the organization for personnel.” *
I work as an office manager in a small organization. I was required to write a regulation on the service, and in connection with this the question arose: can the service consist of one person? Previously, I was sure that the service required several people.
Answer
Indeed, the “service” as an organizational and structural unit includes a certain set of employees. At the same time, the functions of each department, the order of its interaction with other organizational and structural units, the distribution of responsibilities aimed at performing these functions among employees are determined by the employer himself. After all, it is quite difficult to create a unified work plan for all enterprises due to the specifics of the financial and economic activities of each, the level of development of the enterprise, the production and people management system, etc. Thus, there is no single legal act in which you could read how many employees should be included in one department (service, department, etc.). It is possible to develop an approximate structure and staffing level only for similar organizations operating in the same field of activity (schools, clinics, etc.). Because some industry legislative acts nevertheless, they contain staffing forms that are recommended to be used within a particular area of financial and economic activity.
For example, by order of the Ministry of Emergency Situations of Russia dated September 24, 2008 No. 563 “On the procedure for approving staffing schedules for employees of budgetary and state-owned institutions of the Ministry of Emergency Situations of Russia and civilian personnel of rescue military units of the Ministry of Emergency Situations of Russia,” a form of staffing was developed in the structure of the Ministry of Emergency Situations.
In that regulatory document we read that when developing staff lists (staffing) of institutions and military units, the position of head of department is introduced if the total number of employees and civilian personnel of the unit is at least 5 units, departments and groups - at least 3 units, and the position of “leading specialist” - provided , if, along with fulfilling the duties inherent in this position, he supervises subordinate performers or conducts an independent area of work.
In fact, what is important is not how many employees are included in a particular service, but what purposes the existence of a particular service serves, and in what order it interacts with other departments. List all the functionality of the service based on the tasks assigned to it. Are you capable of doing this amount of work alone? Not sure? Conduct research: how long does it take to complete this or that work operation, how often is it repeated? Does this fit into your working day? Share your findings with management: perhaps there is an objective need to increase the number of employees.
Good afternoon, I am wondering if a department can consist of 1 person? Can there be a department staff without the position of a department head? The department reports to a senior manager. The situation needs to be considered in the budgetary or autonomous institution. Thank you in advance. Waiting for your reply.
Answer
Let's consider your questions:
Can a department consist of 1 person?
Labor legislation does not prohibit an employer from creating structural units (for example, a department, a section, etc.) consisting of only one employee.
At the same time, the creation of a structural unit according to general logic presupposes the presence of several employees working in it and their vertical subordination to the head of such a unit. Therefore, in order to avoid disputes with inspection authorities, create a structural unit (department) of one employee Not recommended.
In this case, the position of one employee can be included in another department with similar functionality, or this position can be included in the staffing table without creating a department.
The second question is whether there can be a department staff without the position of a department head. The department reports to a senior manager. The situation must be considered in a budgetary or autonomous institution.
The legislation does not contain mandatory requirement have a department head, including for budgetary institutions. At the same time, as a general rule, and based on logic, any department requires an employee to manage this department.
Thus, we can say that the staff of the department can be without the head of the department. At the same time, due to the fact that these employees will report to a superior manager, we recommend that this subordination be written down in the job descriptions of the employees.
Details in the System materials:
- Situation: Can a department consist of one employee?
Labor legislation does not prohibit an employer from creating structural units (for example, a department, a section, etc.) consisting of only one employee. At the same time, the creation of a structural unit according to general logic presupposes the presence of several employees working in it and their vertical subordination to the head of such a unit. Therefore, in order to avoid disputes with inspection authorities, it is not recommended to create a structural unit (department) of one employee.
For more information about the motivation of an employee who solely provides one or another area of the company’s activities, as well as about the possibility of creating a department consisting of one head of this department, see.
Situation: Can a department consist of one head of this department?
Formally, the Labor Code of the Russian Federation does not prohibit an employer from creating structural units (for example, a department) consisting of only one employee, in particular, the head of this structural unit.
At the same time, as a general rule and based on logic, the job responsibilities of the “manager” category involve managing subordinate employees. For example, for the position of head of the human resources department, such a duty is expressly provided for, approved. The specified document also provides for the responsibilities for managing department employees for other managers - the head of the capital construction department, the head of the equipment procurement department, the head of the quality control department, etc.
In this case, qualification reference books, as a general rule, are recommended documents for use. The exception is cases where labor legislation connects the provision of compensation and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions. Then the names of such positions and professions must correspond to the name from the directory, and the nature of the work for the position must correspond to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.
Based on what is indicated in the general case, the staffing table may provide for the position of head of a department in the absence of other staff positions in this department. At the same time, in order to avoid a discrepancy between the position title and, if additional motivation is necessary for an employee who is solely responsible for one or another area of the company’s activities, his position can be designated as a deputy manager in the corresponding area. So, for example, instead of creating a personnel department consisting only of the head of this department, we can recommend the position of deputy head of the organization for personnel.
Nina Kovyazina
Deputy Director of the Department wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia
Answer: How to apply job description
Drawing up a job description
The obligation to compile is established only for government agencies(). An organization that is not a government agency cannot be fined for lack of instructions ().
However, there are strong arguments in favor of creating a job description. Its presence will allow the organization:
- justify;
distribute responsibilities evenly between similar positions;
prove in court the legality of the imposition disciplinary action per employee;
correctly conduct personnel certification, etc.
A job description is drawn up for each full-time position.
Editor's advice: do not write personalized instructions, otherwise they will have to be approved again with each personnel change. If several employees occupy the same positions and perform the same duties, then it is enough to draw up a single job description for everyone and familiarize each employee with it. If employees occupy the same positions, but perform different duties, then it is better to rename the positions and call them differently.
The procedure for drawing up a job description is not regulated by law, so the employer independently decides how to draw it up. In practice, a job description can be formatted as or as . Similar explanations are contained in.
Job Description Sections
Regardless of the method of execution, the job description usually consists of the following sections:
Chapter " General provisions»
In the “General Provisions” section, indicate:
job title in strict accordance with;
requirements for the level of education and work experience of the employee (qualification requirements);
direct subordination (for example, an accountant reports directly to the chief accountant);
procedure for appointment and dismissal;
presence and composition of subordinates;
replacement procedure (who replaces the employee during his absence and who he can replace);
a list of documents that an employee must follow in his activities.
Nina Kovyazina
Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health
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