Punishment for work that was not part of the duties. What kind of work can you refuse? Refer to job description data

Everyone begins in life working period, i.e. the time when he starts working.

But not everyone has a start labor activity associated with pleasant moments, very often employers take advantage of the inexperience of their young employees and use their labor wherever they can.

And many young specialists, and just workers, do not even suspect that they are doing work that is not theirs or that they are not obliged to do.

True, such a situation can happen not only to the young and inexperienced; even a person who has been working for a long time can become a victim of such arbitrariness in the workplace.

Unfortunately, in modern world Many employers force their employees to do work that is not theirs, thereby abusing their official position.

And many do not even try to object to this state of affairs, since often in such situations a person will face dismissal. But we need to fight this and we need to do it correctly. After all, the most important thing here is to keep your job.

Is it possible to refuse your boss to perform a task that is outside the scope of your work?

Often management motivates their requests, and often their orders, by saying that someone must do this work, so why not you. You shouldn't engage in such conversations. If in your job responsibilities If this type of work is not included, then there is no need to do it.

Labor legislation clearly regulates such issues as the duties of employees and the fact that it is unlawful to force them to do work other than their own.

Everything an employee must do is stated in his employment agreement or contract. This is mentioned in the sixty-ninth article Labor Code Russia.

However, not only the work is specified in the employment contract, there is another important document in this regard, and it is called a job description.

When a person gets a job, he must sign not only the contract, but also this instruction, thereby giving consent to what is written there.

There are only a number of situations in which the employer has the right to demand the performance of work that is not specified either in the contract or in job description.

Such cases include force majeure, various types of accidents and natural disasters, and everything related to the elimination of their consequences. And therefore, if there are no such situations in your city or enterprise, then you may well refuse to do something that goes beyond your scope job description.

The important thing is that your employer does not have the right to fire you because you refuse such work. Such dismissal would not be lawful. The only thing that can be done is to offer you to do this work as additional work and accordingly pay you for it in full.

The importance of job descriptions in regulating labor relations can hardly be overestimated. In case of controversial situation on the issue of non-fulfillment or improper execution employee labor responsibilities the job description will either justify the employer’s position or help the employee win the dispute. At the same time, as a result of comparing the job description with the work actually performed by the employee, the employer can prove which duties the employee did not perform or how business qualities he does not answer.

Every day, organizational leaders give many instructions to their subordinates. Since not all instructions fall under the duties and functions of employees, some refuse to carry them out. As a rule, the reason for refusal is as follows: it is not provided for in the job description or employment contract.The labor legislation defines various documents regulating labor Relations between employee and employer. When hiring a job, an employment contract must be concluded, the employee must comply with work schedule, which incl. determined by the job description (Article 194 of the Labor Code of the Republic of Belarus, hereinafter referred to as the Labor Code).

The employee’s labor function (job responsibilities) must be clearly defined and specified; this is provided for in Art. 19 TK. It is indicated in the employment agreement (contract), job description. In addition, Art. 20 of the Labor Code determines that the employer does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases provided for legislative acts. It turns out that the employer cannot require the employee to perform actions that are not stipulated by the employment contract or job description?

Sometimes job descriptions indicate the following: “in case of production necessity”, “by order of management”, “carry out other work not specified this instruction, necessary for the enterprise" or "perform one-time orders" Are such statements legal?

Let us recall that by labor function the legislator understands work in one or more professions, specialties, positions, indicating qualifications in accordance with staffing table, functional responsibilities, job description. The employment contract must contain conditions that do not worsen the employee’s position compared to current legislation RB.

So what should an employer do if there is a need to instruct an employee to perform some action that is not specified either in the employment contract or in the job description? There is only one way out: without infringing on the rights of the employee, act according to the law.

IT IS IMPORTANT! Combination of professions (positions) is used if there is a vacant position in the staffing table staffing unit(her share) of the corresponding profession (position). Assigning the duties of a temporarily absent employee does not require the additional introduction of such a unit (its share).

The period during which the employee will perform additional work, its content and volume, as well as the amount of additional payment (except budgetary organizations) are established in an agreement between the employee and the employer.

Problem

I have been working for a state television and radio company for more than 10 years.
officially 8 years as a sound engineer. further in 2012, in a new position as music editor of a radio station of the same organization. I’m still working now.

That's the problem.
Since 2010, I have performed duties not only music editor, but also others.
Despite the fact that the official duties corresponded until 2012 to the position of a sound engineer.
Further. Despite what I was given new position and the new responsibilities did not change my salary. Remained the same.
Since 2010, I have performed not only the duties of a music editor, but also others that are not included in my job description.
I don't agree with this. I constantly went to the director and said that I was not doing my job.
Management has been putting off resolving this issue for 5 years now.
3 directors have changed.
The situation is now critical.
If I no longer perform duties that are not part of my job description, then the radio broadcast will practically stop.
The fact is that for 5 years I unofficially completely programmed the broadcast and partially performed duties, in addition to my other position.

Management understands this. He does not want to compensate for combining positions.
They threaten based on a clause in my job description which states that I am obliged to perform other duties in connection with PRODUCTION NECESSARY as directed by the editor or management (director).

I don't think so production necessity. Since this must be done every month and I have been doing this for 5 years in a row without receiving compensation for it.

I basically combine work. This is a different type of work and does not relate to my responsibilities.

They threaten me to start with writing reports against me, then depriving me of my bonus, etc.

How can I protect my rights?

Solution

Hello!

Of course, the DI may indicate that in case of production necessity, you can perform other duties at the direction of the employer, but this means that it is precisely with production necessity, i.e. should be a one-time order, but in your case it is permanent.

Moreover, this is not just additional work, but work in a different position or positions. Moreover, if these positions are listed in the staffing table and are on this moment vacant positions.

Your problem is solved:

1. Part-time work Article 60.1 of the Labor Code of the Russian Federation, during free time from the main job of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job).

An employment contract is signed with you to work on the terms internal part-time job. An employment contract can be either indefinite or fixed-term (Article 59 of the Labor Code of the Russian Federation). An indefinite TD is more profitable for the employer, because it is easier to terminate it (Article 288 of the Labor Code of the Russian Federation). The duration of working hours when working part-time should not exceed four hours a day (Article 284 of the Labor Code of the Russian Federation).

2. Article 60.2 of the Labor Code of the Russian Federation Combination of professions (positions) . Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

This is established by agreement of the parties, an additional agreement is signed to the employment contract, where an additional payment for part-time work is established, the additional payment is determined by agreement of the parties.

The period during which the employee will perform additional work, its content and volume are established by the employer with written consent employee.

The employee has the right to refuse to perform additional work early, and the employer - to cancel the order to carry it out ahead of schedule, warning the other party about this writing no later than three working days.

Change certain conditions employment contract (Article 57 of the Labor Code of the Russian Federation), changes to job descriptions cannot be applied in your case (Articles 72, 74 of the Labor Code of the Russian Federation), because after all, you perform job duties specifically for another position (sound engineer), and even more so if these positions are provided for in the staffing table, as an independent position. The employer can formalize this either as a combination (Article 60.1 of the Labor Code of the Russian Federation) or as a part-time job (Article 60.2 of the Labor Code of the Russian Federation).

Or your employer can transfer you to a higher, higher paid position in order to motivate you (Article 72 of the Labor Code of the Russian Federation).

I recommend contacting your employer with written statement(the paperwork is in the form of a document) to prevent blackmail on the part of the employer. In your application, please indicate that you are asking for your additional responsibilities, for such a position (sound engineer), which are permanent in nature, and not one-time orders from the employer, which are provided for in your DI, should be drawn up in accordance with the Labor Code of the Russian Federation - Article 60.1 or Article 60.2 of the Labor Code of the Russian Federation.

But, if there is a “black” part in your salary, then the employer will influence you through this part, and there is only one way out - to change the employer.

"They threaten me to start with writing reports against me, then depriving me of my bonus, etc. "

If the premium is the "black" part wages, then it's easy to do.

In general, if they write reports, etc., then you are required to familiarize yourself with them, you have the right to write an objection to these reports. I also recommend making copies of these reports, copies of your statements (objections) to the reports.

And to punish, apply disciplinary action, this must follow the procedure established by Article 192-193 of the Labor Code of the Russian Federation, where explanatory note from the employee mandatory document , and punishment should be applied taking into account the severity of the offense committed and the circumstances under which it was committed, and also take into account your work for the entire period of work with the employer, how you performed during the entire period.

The employer is obliged to issue an order imposing disciplinary action and familiarize you with this order within 3 working days from the date of issue of the order.

You can prove that you perform work in completely different positions (professions) if you find a description job responsibilities V Qualification directory positions of managers, specialists and other employees, and maybe even for these positions Professional standards have already been approved.

Solution

Good afternoon

Change of job description, i.e. in fact labor function employee - this is a change in the terms of the employment contract determined by the parties. By general rule permitted only with the consent of the employee (Article 72 of the Labor Code of the Russian Federation). In cases where, for reasons related to changes in organizational or technological conditions labor (changes in technology and production technology, structural reorganization of production, other reasons), determined by the parties the terms of the employment contract cannot be preserved; they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function (Article 74 of the Labor Code of the Russian Federation).

At the same time, the job description can be considered as a local normative act, containing norms labor law. In accordance with Part 2 of Art. 8 of the Labor Code of the Russian Federation, in cases provided for by this Code, others federal laws and other regulatory legal acts Russian Federation, collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion representative body employees (if there is such a representative body). Since the Labor Code of the Russian Federation does not regulate the procedure for developing and approving job descriptions, accordingly, the employer’s obligation to take into account the opinion of trade union body when they are accepted or changed. So you need to find out whether such a duty is contained in your collective agreement.

Changing the job description entails a violation essential conditions employment contract, labor function. These conditions can only be changed by agreement between the employee and the employer, but not in unilaterally(Article 72 of the Labor Code of the Russian Federation). According to Art. 60 of the Labor Code, it is prohibited to require an employee to perform work not stipulated by the employment contract.

Unfortunately, in Lately cases have become more frequent, as in state enterprises, and in private firms, employers abuse their powers. The worker is practically forced to do work that is not part of his functional responsibilities, citing the fact that someone must do it. Each of us wants to do only the work for which we were accepted and, accordingly, receive a decent reward for it. But what to do if the employer, threatening to fire you, forces you to do “extra” work? What kind of work can you refuse?

In Art. 69 of the Labor Code of the Russian Federation states that the employer does not have the right to demand that an employee perform work that is not specified in his employment contract. I will say more, all the functional responsibilities of an employee must be listed in his job description, which is signed by the employee upon joining the job. But the legislation of the Russian Federation provides exceptions from of this rule. The employee is obliged to perform work not provided for in his job description and employment contract in the event of force majeure situations, accidents, natural Disasters and etc.

If none of the above circumstances exist at the enterprise, the employee has the right to refuse to perform work not assigned to him by the employment contract and job description. Refusal of “extra” work cannot be a reason for dismissal. The employer has the right to offer the employee a combination of his main job and additional work, for which the employee will receive monetary reward. The amount of remuneration is set at the discretion of the employer and cannot exceed 100% of the salary of the employee whose functional responsibilities the employee assumes. If the employee is not interested in additional payment, he can also refuse additional work.

I dare to remind you that all labor disputes are resolved by a commission on labor disputes or in judicial procedure. Participation trade union committee, subject to the existence of one at the enterprise, is mandatory in resolving a labor dispute by the labor dispute commission.

Do not be afraid to defend your rights, provided that you are confident that you are right, otherwise the “extra” responsibilities once assigned to you can become yours forever, without additional payment and material incentives for performing non-functional duties.