Labor function - what is it? Structure and features

The Labor Code of the Russian Federation (Article 15) discloses the content of the concept of "labor function". This is an activity that is performed by a person occupying a certain position that is part of the staffing table of an enterprise and possessing a specific skill level. At the same time, he uses knowledge, skills, experience within his profession and specialty. Labor function is one of the concepts that is of great importance for the employer at the time of entering into an agreement with a subordinate. Along with other legal aspects, it determines the content of this document. In addition, the labor function is the core around which the structure of the professional standard is built .

The meaning of the term "qualification"

The concept of the professional standard that appeared in 2012 is closely connected with the qualifications and its levels. In fact, it includes a number of characteristics that employees must have to fulfill the duties of the labor contract. The labor function of an employee is largely determined by his abilities, education and training. Qualification is the knowledge, skills, professional skills and experience of a person, allowing him to perform specific tasks. This also includes the level of his professionalism.

It can be said that it is the qualification that affects how the employee will be paid, whether it will fall under the staff reduction program, whether it will receive an increase or an opportunity for training. The competence of the members of the collective depends on the successful implementation of each function of the organization. If the data on the education received, previous work and the achievements of the subordinate can not be illustrated by various documents (diploma, certificate, incentive record, recommendation letter), then a reliable determination of the qualification level becomes a difficult task.

In fact, the decision that a person is able to perform a specific labor function can only be made on the basis of the results of certification. An important condition for its implementation is a well-designed program for testing knowledge and skills, as well as an adequate assessment of the data.

What is the "profession" and "specialization"?

In order to fully disclose the meaning and features of the concept of labor function, it is necessary to define several basic terms. A profession refers to a certain work activity that a person carries out to generate income. In doing so, he uses a specific set of theoretical knowledge, as well as experience and skills. A specialty is a knowledge and skills that a person acquires after special training, as well as as a result of practical experience. They need him to perform a certain kind of professional action.

Proceeding from this, we can say that the second concept is much narrower than the first one. After all, a specialty is what the employee does in the profession. Let's look at this statement on specific examples. For example, a cook is a profession. It involves the availability of skills and knowledge about how to work with food. At the same time, the basic profession includes the following specialties: confectioner, kneader, cook-technologist and others.

Professional standard: the labor function and its essence

The content of the labor function described in the professional standard includes such elements as qualification actions. Skills, skills and knowledge are also included here. Proceeding from the fact that the professional standard implies what the employees of the enterprise do in the workplace, the greatest attention is paid to the first element. It's about action. Knowledge of this feature allows you to correlate the requirements for the skills of a specialist with the content of his activities.

In fact, in the professional standard, the labor function is defined with minimal detail. She leaves behind the employer a decision on hiring an employee with insufficient qualification. With the consent of the parties, a subordinate who does not satisfy the employer for specific items of the professional standard may receive training by paying it on his own (or at the expense of the employer).

Professional standard content

The structure of this document includes the following information:

• Labor function. The work to be performed by a person occupying a specific position becomes the basis for drawing up job description. It is also described in the employment contract.
• A set of knowledge and skills required for the implementation of each labor function. This information is necessary in order to properly and effectively carry out the certification of employees.
• The check of professional knowledge becomes the main way to find out if the employee is ready to perform his functions.
• List of qualification characteristics. Data on education, specialization, additional training, work experience are implied. This information is used as primary constraints in the process of recruitment, reduction, attestation, inclusion in the staff reserve. Also, information is important for the implementation of other procedures, including the elucidation of specific qualification characteristics.

Appointment of professional standard

For the employer, this document becomes a reference point and a basis to help decide on hiring an employee (reduction, transfer, training). At the same time, any person has the opportunity to independently relate their professional skills and abilities to those dictated by the standard. This approach is extremely useful for those who have a narrow specialization and are looking for work. After all, knowledge of evaluation criteria allows you to learn exactly what is included in the function of labor activity. Not to mention the fact that at times will facilitate the passage of attestation.

The specifics of the professional standard are not needed for all specialties. Of course, there are such professions for which the availability of a profile diploma becomes mandatory. This is a doctor, teacher, lawyer and other complex specialties. Employees holding such positions are required to show special knowledge and skills. And at their hiring the employer should be guided by the professional standard. However, a number of professions can do without such strict limits. After all, the assessment of the employee's compliance with the existing position is influenced by the market or carried out by the employer. This is relevant for employees of the media, those who write articles, reviews or comments.

When the procedure for forming the legislative base for the use of professional standards will be completed, they will become an obligatory tool for assessing employees of budgetary institutions, unitary enterprises and organizations partially owned by the state. That is, the labor functions of a teacher, postal worker, officials and other specialists will be clearly marked.

Practical application of the professional standard in the management of a private enterprise

It should be noted that for owners of companies and firms that are not public, officially developed professional standards can also be very useful. They greatly facilitate the management of personnel and the implementation of personnel policy. They are based on labor relations. The functions of HR staff can be performed faster and more efficiently:

• The requirements of the professional standard are used when filling out a vacancy and conducting interviews with applicants.
• The development of job descriptions is carried out on the basis of the provisions specified in the document.
• A professional standard is useful if you need to develop a career development program for an employee.
• The labor function is the main subject, detailed in the professional standard. Therefore, the document can be used in the process of certification activities.
• Staffing, based on the requirements of the professional standard, will be more capacious, complete and up-to-date (correct billing of works, assignment of a tariff category, setting of salary scale).

Definition, types and functions of the employment contract

The main and most important document regulating the relationship between the employee and the employer is the employment contract. Its conditions are the essence of the document. The functions of the employment contract are the formulation of the rights and obligations of the parties, the content of the employee's activity, the indication of remuneration for the proper performance of work, as well as penalties for violation of the specified rules. This document is in writing. One copy belongs to the employer, the second remains with the employee. A person can be admitted to work only after signing and signing the document.

There are the following types of employment contracts:

1. Prisoner for a specified period.
2. Describing the employment relationship, up to five years (unless another period is specified in the federal legislation).
3. Indefinite.

Contracts that were concluded for a period of time, but have not been terminated, are considered as indefinite. This is the case when the employer has concluded an employment contract for a limited period without sufficient grounds (it is relevant for disputes or litigation).

Content of the employment contract

Given that the main functions of the employment contract relate to the legal regulation of various aspects of activities and relations between the employee and the company, the information specified in it must be extremely accurate, correct and complete. Typically, this document includes the following data:

• Surname, first name and patronymic of the employee. And also the full name of the company or the name of the employer (for employers-individuals), the functions of the labor organization.
• Description of documents that acted as an identity card.
• Identification numbers of taxpayers. If the individual employer is not an individual entrepreneur, this item is missed.
• If necessary, indicate the data on who entered into the employment contract in place of the employer (manager, department head).
• Information about what duties will need to be performed by the employee.
• Information on remuneration and incentive system.
• Sanctions and liability for breach of contract.
• Conditions under which a change in labor function may take effect.
• Where and when the contract was concluded.

At the discretion of the head of the company, this list can be supplemented by several sections. If the document does not contain the data specified in the legislation, this does not absolve the participants in the employment relationship from complying with the binding rules.

List of general labor duties of the employee

The RF TC divides the labor duties of hired workers into two types: general and special. According to Art. 21, to the first category include:

1. Conscientious performance of labor duties stated in the contract.
2. Compliance with the company's internal rules.
3. Adherence to labor discipline.
4. Fulfillment of established labor standards.
5. Observance of the rules concerning safety and labor safety.
6. Careful attitude to the property of the employer and colleagues. The same attitude should be to property that belongs to third parties, but is in the company's area of responsibility.
7. Reporting to management about situations that threaten the integrity of tangible property or human health.

These requirements are of a general nature. They are relevant for almost any enterprise or organization.

Special labor duties of employees

Depending on the scope of the company, the complexity of the technological cycle and many other factors, the employment contract can have a list of specific tasks that the employee will have to solve in the future. The list of these works is based on the staffing table, the qualification level of the employee and the job description.

How are job descriptions developed?

Job descriptions are in the process of business organization, when the main base for personnel management is being developed. It can also be done in the process of the company functioning. Then the nature of the document will be influenced by the labor relations that have developed in the team. Algorithm, in accordance with which this document is created, is almost always the same. It includes several consecutive stages:

1. Preparation (study of the contents of regulatory legal documents that regulate the activities of employees).
2. Development of the project.
3. Send the project for approval.
4. Verification of the project and its approval.

Often the work on drawing up job descriptions at the enterprise is performed by a specialist. He represents the personnel management service. In addition, it can be done by the head of the department (where the employee will work) or the employee along with his boss. The decision on who will be engaged in the development of the project is taken by the employer. He can choose either one employee or a group. To date, the law does not specify a clear structure and content of the job description. Therefore, it almost always has an individual character.

The functions of the employee can be indicated both in the job description and in the employment contract. These documents supplement each other and clarify each other. Their legitimacy and legitimacy will only take place when the employee is acquainted and agrees with his duties. This is certified by his signature. Art. 22 TC RF obliges the employer to inform his subordinates about the nature of work activity, its specifics, limitations and harmful influences. He should also ensure that workers read and sign existing local regulations that are relevant to the performance of the labor functions of the subordinate. Each employee is required to familiarize himself with them in detail.

Responsibility for violation of employment contract

In the event that the employee does not fulfill his labor duties (or performs insufficiently), violates the accepted discipline, causes damage to the property of the enterprise by his actions or inaction, he is subject to disciplinary action. It can take the form of remarks, reprimands, depressions, or even dismissals. If a causal link is established between the activities of a company employee and the material damage caused, the manager may decide to bring the culprit to liability. Often, the employer independently determines the penalty for violators of discipline. But in some cases (crimes of a criminal nature), the involvement of representatives of law enforcement agencies becomes mandatory.