Justification for hiring a new employee. Hiring a new employee, step-by-step instructions

Can a womanfuture mother,should I get a job at a later date? Is this a reason for the employer to refuse employment?even if the potential employee, according to other criteria, fully suits the employer and does she have any special rights?

Economic justification for hiring a pregnant woman

When hiring a pregnant woman, the employer must send an explanatory note to the Social Insurance Fund justifying the hiringpregnant employee. The paper is drawn up according to Form 4-FSS.The document describes the procedure for hiring pregnant women and women with children in the same positions, indicating that failure to hire in such cases is punishable by law.

Also in the rationaleNecessarilyit is indicated thatit doesn’t matter what time it is,sheworked at the companyAndbefore assigning maternity payments and benefits.In justificationAndsalary level must be indicatedlike thisemployees, according to staff regulations.

Unreasonable refusal to hire a pregnant woman

According to the Labor Code of the Russian Federation, the manager does not have the right to refuse employment to the expectant mother because of her condition (Article 64).According to the law, a refusal to hire can be justified only because the employee’s professional skills do not meet the requirements of the enterprise.What reasons may be grounds for refusal of employment:

• lack of education or insufficient degree;
• lack of skills in the required field of work;
• inappropriate age;
• other restrictions on employment in the service.

The employer must justify the refusal in writing, indicating the reason, and the applicant has the right to demand a copy of it. If the reason is not justified, then he has the right to file a complaint in court.If the refusal states that the basis for the refusal was the condition of the applicant, then the employer will bear criminal liability for this under Article 145

Is it possible to refuse a job to a pregnant woman?

There are several factors why managers are not very willinghire an employee,expecting a child. They are not happy with several things associated with this type of employee.Firstly, the fact that she will work temporarily, secondly, the employer is obliged to pay maternity leave, thirdly, the employee will often go on sick leave and ask for time off, and fourthly, she cannot be fired.

But all these reasons have no legal force, and if the candidate is qualified for the position,then not accept her because she is expecting a child illegally and is breaking the law.

Hiring pregnant women to work in hazardous working conditions

Is it possible to hire a pregnant woman for a position where working conditions are harmful?If the employee agrees to work under these conditions,but according to medical indications, she cannot do this while expecting a child, that is, there are two ways.

First, the manager transfers the woman to another vacancy, with easy working conditions and convenient schedule work.Second - if there is no such thing, then the employee must draw up and send a petition to the manager for release from work for the entire period of pregnancy, until maternity leave, while maintaining the average salary.After which the employer issues an appropriate order.

All these provisions are enshrined in Article 212.ch. 2 of the Labor Code of the Russian Federation, and refuse transfer to light work or release from work during pregnancy and childbirth while maintaining salary, the employer does not have the right.

Does a pregnant woman have the right to leave work to see a doctor?

A pregnant woman is required to visit a doctor strictly on schedule. Does she have the right to do this by leaving workplace, at a time convenient for you?By Labor Legislation(Article 254), a woman who is pregnant or has children has certain advantages.

An employee may undergo mandatory medical examinations, while average salary is retained by her. Such examinations also include periodic medical examinations.Therefore, the employer is obliged to release the employee to undergo medical examinations without deducting wages.To do this, the employee must provide a medical examination certificate or other document confirming that she must visit the doctor at the specified time.

Hiring is the process of employing a specific person for a specific position. It involves writing an application, signing an agreement, filling out a personal card and completing a whole package of documents, without which new employee will not be able to begin performing his duties on time.

Who makes employment decisions?

The closure of any vacancy is preceded by a lot of work personnel worker.

He selects candidates.

Conducts numerous interviews, tests the most suitable applicants, and checks their professional suitability.

Works closely with the head of the structural unit to select the most suitable employee.

But still The final verdict on who to hire is made not by the personnel officer, but by the manager. Only his permitting visa provides grounds for preparing an admission order.

Reasons

Many people mistakenly believe that it is impossible to register a person without an application. In fact, this document is rather necessary for the personnel employee himself, for convenience when creating a personal file.

A t the Ore Code does not require applications from applicants. The primary document giving the green light to register an employee is.

You can find a sample employment contract.

But there is no point in hastily abandoning the application. It makes it easier to initiate the employee hiring process. Handwritten.

Signed by all persons interested in the employee, including the head of the organization, it is a convenient document for resolving issues that arise during the hiring procedure. The will of the applicant, the consent of the employer - all in one place.

You can apply for a job.

Stages of the recruitment process

How is recruitment carried out? What do you need?

The procedure for hiring an employee can be divided into several stages in the following sequence:

1. The applicant submits an application to the employer (as mentioned earlier, this step is not mandatory).
2. Provision of documents.
3. Read the instructions.
4. Signing the contract.
5. Issuance of an order.
6. Formation of a personal file.

Let's look at all the stages of hiring separately:

Writing an application

Hiring an employee begins with the person expressing his desire to work in a specific organization by writing an application.

Since it is not mandatory, unlike a contract.

It is accepted that the application indicates the position for which the applicant is applying, the structural unit and the desired start date.

Approved by the boss under whom the employee plans to work, is written by the director to the HR department.

Receiving the necessary documents from the candidate

The Labor Code provides comprehensive information:

1. Passport, SNILS.
2. Employment history. It is started at the enterprise if the person has not previously been employed.
3. Military ID for those liable for military service.
4. Documents that can confirm the education and skill level of the applicant.

For individual positions there are additional documents:

1. for those wishing to enter a field of activity where people with a criminal record are not accepted.
2. Driving license for professional drivers.
3. Help about property status for employees.

The absence of other documents will not be an obstacle to the conclusion labor relations .

In some cases, the employer is obliged to request a medical certificate from a future employee:

1. Activities in Food Industry, catering industry.

Familiarization with local regulations

Job responsibilities, like many local acts, are presented in advance.

When hiring the employer is obliged to familiarize the employee with local regulations against signature.

This important point. If the date of review is later than the date of the contract, then if controversial issues arise, the employer will have to look for supporting documents as to why he did not fulfill his obligations on time.

The future employee, before committing to fulfilling his duties, must imagine what awaits him, what are the requirements in work collective presented to employees.

Wherein you should not present the employee with all available local regulations. It is necessary to familiarize yourself only with those that relate to his future work:

• internal rules labor regulations in accordance with Part 3 of Article 68 of the Labor Code of the Russian Federation;
• regulation on personal data (Article 87 of the Labor Code of the Russian Federation);
• regulations on remuneration (Article 135 of the Labor Code of the Russian Federation);
• rules on labor protection (Article 212 of the Labor Code of the Russian Federation).

The order of acceptance to work

The order completely repeats the terms of the employment contract. Most often, an admission order is issued in. Signed by both parties. Only three days are given for familiarization. Violation of deadlines is a clear penalty in case of litigation.

Sample of filling out a job application unified form T-1 you can.

You will learn how to correctly draw up an admission order in the video presented:

Making an entry in the work book

The time during which a personnel employee can make an entry in the labor record is limited. Only five days available.

Notification of the military registration and enlistment office

A mandatory condition for hiring a person is that the applicant must be registered with the military, the employer needs to request his military ID. Based on the data received, information is sent to the local military registration and enlistment office (according to the employee’s registration). The notification form is uniform. It contains the following information:

• job title;
• structural subdivision;
• when accepted, order number.

Information must be sent within ten days. Delay is unacceptable.

• employment date

Labor relations arise after the signing of the contract. While there is no document, there is no employee. But the date of signing is not the date of hiring.

If the document does not specify the day on which the employee must begin fulfilling his labor functions, then the date of acceptance is considered the next day after the contract comes into force.

That is, the agreement was concluded on June 16 and a note was made that it comes into force on the same day. This means the reception date is June 17th.

But most often, the employment contract additionally indicates on what day the employee begins to perform his labor functions. This is an ideal option to avoid misunderstandings on the part of the employee.

Discrimination

Discrimination in hiring is the refusal to hire an applicant based on gender, race, nationality, skin color, origin and other circumstances not related to the business qualities of future employees.

Employers have learned to hide their preferences when choosing a candidate and stopped indicating gender, age, social status due to recent changes in the law.

Looking at existing job advertisements, you might think that now everyone is equal, and they will choose only according to the candidate’s experience, and not according to his/her appearance or by gender.

But discrimination in hiring still exists. For example, by age: if an employer wants to hire a young man as a programmer, he will not hire an elderly woman for this position, no matter how super professional she is.

Here it is important to be able to correctly refuse unsuitable candidates, so as not to give them a reason to accuse them of discriminatory policies. And we must remember that the selection of workers based on marital status, age, gender, entails administrative responsibility.

IMPORTANT! Sometimes the law initially establishes discriminatory criteria. For example, it is prohibited to employ women in underground work. And in refusing a position to an applicant, in a particular case the employer will be right. He only fulfilled the requirement of the law.

Employer's liability

Fines for discrimination possible not so serious. Individual entrepreneur will pay for the wrong vacancy up to 5 thousand rubles. Entity will be forced to pay a fine from 10 to 15 thousand.

Here It is worth considering that the fine is assessed separately for each advertisement. And if an employer selects dozens of workers every month and every vacancy is posted with violations, then the amount already becomes quite serious.

Refusal to the applicant

If the candidate does not meet the company’s requirements and has received it, then he has the right to request justification in writing.

Inconsistency of business qualities is the only possible reasoned refusal.

All other reasons are unfounded.

The employer is obliged to take into account only business qualities . When signing a refusal, it is necessary to justify it with the established for vacant position requirements:

• general experience;
• experience in the profile;
• education.

The organization may maintain its own additional criteria. To do this, it is necessary to record the process of assessing professional qualities in local documents.

Useful video

How to hire a new employee, how to fill out personnel documents? You will learn about this in the following video:
https://youtu.be/EQ0qIzi7kI4

Conclusion

Failure to meet deadlines when applying for a job or incomplete documents is a serious violation of the hiring technology established by the Labor Code. Even a ridiculous accusation can become a reason for a serious inspection by the labor inspectorate.

Observing general rules hiring employees, the employer will be able to avoid mistakes and the employment mechanism will not be disrupted and everything will go smoothly for him and for the new employee.

Topic: Justification for the use of personnel in an organization

Introduction

Conclusion

Bibliography

Introduction

When using personnel in organizations, a wide range of issues are resolved: the development of job descriptions, the formation of organizational and practical approaches to the implementation of the mechanism for using personnel in the organization, certification of workplaces.

The use of personnel in an organization is based on recognition of the ever-increasing role of the employee’s personality, on understanding the motivation of his behavior, and the ability to direct employees in accordance with his qualifications and the tasks facing the organization.

The transition to market relations was accompanied by the abandonment of the principles of management hierarchy and a rigid administration system when creating a new organizational culture, the emergence of new behavioral attitudes and relationships between people. In organizations of highly developed countries, the policy of effective use of personnel is always under the control of management and today it remains one of the priorities.

The ways of the system of optimal use of personnel are the creation of effective motivation, providing companies with high-quality personnel, their productive use, professional and social development organization personnel.

To ensure the effective use of personnel, the organization's management must develop clear goals and a well-thought-out strategy for its development. All activities to organize the effective use of personnel should be aimed at creating optimal conditions aligning the capabilities of personnel with the goals and objectives set for the organization.

1 The main directions for the effective use of personnel in an organization

To optimize the use of personnel in organizations, it is necessary to have a well-functioning operation of all services of the organization that carry out planning activities for the selection and placement of personnel, certification of workplaces, and direct management of personnel at workplaces.

Analysis of workplaces should answer the following questions: characteristics of the workplace, operating mode, labor productivity, qualification requirements to the employee. Correctly conducted analysis and design of the workplace will allow you to choose the optimal combination of elements, responsibilities and tasks of workers. The result of the analysis is used during the use of personnel.

When describing a workplace, the essence is stated production process, working conditions, employee responsibilities, degree of responsibility.

The workflow specification defines the personal and professional quality that an employee must have.

When developing a workplace design, the optimal combination of responsibilities and tasks of a given workplace is taken into account. work position, without this it is impossible efficient use human resources potential of the enterprise.

For rational use personnel needs work on personnel training, advanced training, planning for the promotion of employees and effective stimulation of qualitative and quantitative labor indicators.

The personnel strategy is interconnected with overall strategy companies.

The main role in the use of personnel is assigned to the heads of departments of organizations - heads of departments (services), foremen, foremen, who directly supervise personnel on site.

Their competence determines how rationally the use of workers will be at their workplaces, and what the economic efficiency of the activities of the entire team will be.

2 Disadvantages of using organizational personnel

personnel use planning certification

Miscalculations and shortcomings when using enterprise personnel, even with qualified personnel workers typical for the vast majority of organizations. Very often, when moving workers, all information about employees is not taken into account and personal data is used. The functions of personnel selection come down to general market research and oblige few people to do anything. Training and advanced training are carried out formally and are reduced to a “tick” in reporting. Professional adaptation of local workers is of an “incidental” nature in the absence of organizational and methodological aids. Employees of the enterprise do not have a clear idea of ​​the corporate culture and image of the enterprise.

The management of the enterprise, pursuing the goal of achieving maximum profits, reduces the tasks of using personnel to the need to fill vacant positions and documentation facts of movement of workers in the workplace.

Ineffective use of enterprise personnel is preceded by shortcomings in the work of personnel services:

· selection of candidates for the proposed positions is carried out formally;

· the personal and psychological qualities of the employee are ignored;

· the system for testing candidates when applying for a job does not work;

· orders for hiring an employee with service visas are cluttered, the process of their approval is complicated;

· absent professional adaptation personnel as the basis for retaining workers in the enterprise.

In reality, in enterprises, the efficiency of using personnel is very often reduced due to the following factors:

· the impossibility of improving the work of proactive employees due to management bureaucracy;

· lack of innovative thinking among employees;

· ignoring the development of an organization's development strategy;

lack of vision by employees future prospects;

· indifferent attitude of the team to the successes of colleagues;

· fear of introducing changes and innovations and expecting negative consequences from their implementation.

Managers today understand that any problem of an enterprise is a problem of using the organization’s personnel potential. Although, in practice, it turns out that personnel management in organizations is carried out by all departments, and the employee, in essence, is “nobody”. No one is personally responsible for using the potential of each individual employee. Meanwhile, the employee may be the most expensive, both in terms of losses and in terms of making profits.

A huge loss comes from using an employee with good potential in a position where his actions are limited to a narrow range of responsibilities and there is no opportunity to fully demonstrate his abilities. An important factor influencing personal development is the discrepancy between the employee’s abilities in terms of level of education and qualifications of the position held, which ultimately leads to defects in work and damages the company. Neither the organization nor the employee benefits from such a staffing arrangement. When an employee’s professional abilities are not fully used, their business activity, dissatisfaction with oneself and production sets in. When used by workers with increased requirements for its qualifications, poor performance of duties, defects in production, etc. are possible. negative facts in production. In both the first and second cases, damage is caused to the enterprise and the employee.

Today, in the collective agreement of the enterprise, the prospects for the development of the personnel service are included in last section. As a result, the interests of the ordinary employee are little identified with the interests of the company.

High-quality manifestation of oneself in work, the disclosure of rich potential becomes unprofitable, simply unnecessary for anyone, and for some, dangerous. That is, human potential is used according to the principle of a “golden hammer hammering nails.”

When activities are focused on the consumer, the dominant form of management becomes the criterion of the market form - profitability.

The enterprise management strategy does not meet the modern goals of enterprise development, since managers cannot or do not know how to fully use the potential of their subordinates.

The role and place assigned to personnel in the management system does not correspond to the nature and scope of the tasks assigned to management.

There are no technologies for studying and implementing scientific achievements in the field of use by personnel. Employers cannot clearly determine the required parameters of workers, do not know how to analyze jobs and determine qualification requirements for jobs, there is no analysis of the labor market and calculations of labor prices.

Some managers have not been trained in market relations at universities, many specialists are trained mainly using foreign textbooks that are not adapted to the conditions of the rapid transition to a market and are not designed for the domestic mentality.

3 Ways to improve the efficiency of personnel use

In conditions market relations Enterprise management often faces the need to reduce production volumes and sometimes exclude entire units from the production process. All this inevitably leads to a reduction in the number of personnel of enterprises. At the same time, these tasks must be carried out in such a way as to retain qualified employees who have proven themselves to be the most valuable “core” of the enterprise’s personnel. Here there may be a need to retrain workers and train them in second professions. At this stage, the employee’s experience, age, education, mobility to retraining, as well as the feasibility of retraining workers, taking into account the requirements of production and the personal motives of the organization’s employees, should be taken into account. And when the temporary difficulties that have arisen for the enterprise are successfully overcome, and the period of production expansion begins, the retained personnel potential will allow the enterprise to further develop successfully, and newly recruited workers to quickly adapt to production conditions.

As a rule, in such a scheme, pregnant employees are relatives, acquaintances and friends (for example, the wife of the founder). Since the amount of benefits reimbursed from the Russian Social Insurance Fund directly depends on the amount of salary, it is set at the very maximum level (see sub-assessment). Thus, the organization manages to pay the pregnant employee a high income that is not subject to personal income tax and contributions.

Savings on taxes and contributions directly depend on the size of your salary

To calculate maternity benefits, the following indicators are used: billing period, earnings for the billing period, average daily earnings and the maximum possible amount of daily benefit. The last amount depends on the woman’s insurance experience. If at the beginning of maternity leave the employee’s insurance experience is six months or more, then the daily benefit is equal to 100 percent of the average daily earnings (Article 1 Federal Law dated June 19, 2000 No. 82-FZ and clause 20 of the Regulations approved by Decree of the Government of the Russian Federation No. 15.06.07 No. 375). Thus, it turns out that the amount of the benefit is not limited, depends on the woman’s income and can amount to a very large amount.

It is obvious that the described scheme is most often an artificially created situation. In this regard, the effect of its use directly depends on reliable logical and documentary justification. In particular, the company needs to be prepared to answer questions such as:

• what led her to hire an employee shortly before maternity leave;
• why a pregnant employee has a higher salary compared to other similar employees;
• whether the woman’s qualifications correspond to the position held;
• for some reason, after the employee went on maternity leave, no one was hired for her position.

If inspectors from the Federal Social Insurance Fund of Russia do not receive answers to such questions, then the paid benefit will not be accepted for credit. Then the company will have to accrue contributions to the amount of the payment (Part 1, Article 7 of the Federal Law dated 07.24.09 No. 212-FZ, Clause 1 Article 20.1 of the Federal Law dated 07.24.98 No. 125-FZ). That is, she may face additional assessments of contributions for social insurance, contributions to pension and health insurance (as part of a single or joint inspection of the Pension Fund of Russia), as well as personal income tax (during an on-site inspection of personal income tax).

Practice shows that FSS employees suspect that the amount of benefits is artificially inflated quite often. And often the courts agree with the controllers (for example, the resolution of the Arbitration Court of the East Siberian District dated 09.18.14 No. A19-16413/2013, as well as the federal arbitration courts of the East Siberian District dated 13.12.13 No. A33-5426/2013, and the West Siberian Court dated 12.08.13 No. A46-29711/2012, Far Eastern district No. F03-3341/2013 dated 01.08.13, North Caucasian district No. A01-565/2012 dated 02.18.13). However, we can say with confidence that the outcome of the case in court depends on the company’s arguments. There are many court decisions in favor of the policyholders, including the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 16549/12 of 04.23.13 (see also the decisions of the Volga Federal Arbitration Courts dated 08.27.13 No. A65-32607/2012, East Siberian Courts dated 08.6.13 No. A33-17568 /2012, West Siberian from 05/07/13 No. A27-11253/2012 (left in force by the determination of the Supreme Arbitration Court of the Russian Federation from 07/04/13 No. VAS-7923/13) districts).

In order not to make up the rationale for hiring a pregnant employee on the fly, it is advisable for the company to develop an internal regulation. In which you need to clearly justify the logic of your actions in such a situation.

In what form is it compiled? In the form of a separate internal regulation on the procedure for hiring pregnant employees. It is safer if the document is developed specifically personnel service organization, and it will be approved by the general director. In addition, in the regulation it is important to sign the chief accountant about familiarization with the document.

What must be in the document. Firstly, the regulations must indicate that the company hires pregnant women and women with children on a general basis. Refusal to conclude an employment contract with such employees is a direct violation of Article 64 of the Labor Code of the Russian Federation. Analysis judicial practice shows that this is the most compelling argument in favor of the company in such disputes (resolutions of the federal arbitration courts of the Ural dated 05.22.13 No. F09-4047/13, dated 06.10.13 No. F09-5133/13 (upheld by the decision of the Supreme Arbitration Court of the Russian Federation from 08.26.13 No. VAS- 11929/13), West Siberian district dated 08/30/13 No. A27-20974/2012). In addition, the organization can add that an unreasonable refusal to admit a pregnant woman is criminally punishable (Article 145 of the Criminal Code).

Secondly, it is advisable to indicate in the provision that the legislation does not make the payment of maternity benefits and the acceptance of the insurer's expenses dependent on how long the woman worked before the insured event occurred. Practice confirms that in the situation under consideration this is a very effective argument and the courts accept it (resolutions of the federal arbitration courts of the Ural dated July 11, 2013 No. F09-6714/13, Central Arbitration Court dated January 24, 2012 No. A48-664/2011 (upheld by the decision of the Supreme Arbitration Court of the Russian Federation from April 11, 2012 No. VAS-3548/12), North-Western district No. A56-56931/2010 dated 05/16/11).

Thirdly, the document needs to emphasize that the qualifications of a pregnant employee must fully correspond to the position she occupies. For example, the Federal Arbitration Court of the North-Western District, in resolution dated 06.20.13 No. A66-9662/2012, drew attention to the fact that a pregnant employee has a higher education professional education in the specialty “mathematical methods and operations research in economics” with the qualification “economist-mathematician”. This qualification, according to the court, allows a woman to work first as a marketing manager and then as a company manager. In the same case, the court suggested another effective argument to the policyholders. The essence of which is that the law does not oblige the policyholder to justify economic efficiency hiring a pregnant employee.

Fourthly, it is important in the document to address the issue of setting wages for pregnant workers. And emphasize that the salary is set in accordance with the staffing schedule approved by the company. Thus, the employer must understand that, in an effort to give a woman a higher salary, it is safer to introduce staffing table a new position for her. Necessity new vacancy It’s easier to explain (for example, a leading marketer was needed to research new markets) than to explain significant differences in the salaries of similar employees.

Here's an example of how not to do it. One Volgograd company calculated benefits for a pregnant employee (deputy general director) based on a salary of 30 thousand rubles for a three-hour working day. It turned out that the full salary for such a position is 80 thousand rubles, which is 1.6 times more than the salary of a manager and 11.9 times more salaries accountant and manager. Of course, the court considered such a difference artificial. And he agreed with the inspectors that the company deliberately created a scheme to inflate the amount of benefits (resolution of the Federal Arbitration Court of the Volga District dated August 30, 2011 No. A12-24193/2010, upheld by the decision of the Supreme Arbitration Court of the Russian Federation from December 22, 2011 No. VAS-16170/11).

Let us note that in all similar disputes, companies were unable to defend themselves for only one reason - they did not prove the reality of the labor relationship. That is, the presence of an employee at work and the actual performance of her job duties (for example, the resolution of the Federal Arbitration Court of the North Caucasus District dated 04.08.11 No. A32-31681/2010 (upheld by the decision of the Supreme Arbitration Court of the Russian Federation from 27.10.11 No. VAS-13478/11)).

If the company confirms that the pregnant employee actually performed job duties, for which she received the appropriate salary, then the court will most likely consider the FSS refusal illegal. For example, in one of the cases, the fund refused to offset benefits in relation to a pregnant employee who was hired as a lawyer in a store with a salary of 30 thousand rubles. According to the controllers, this salary is artificially high, since the salary of the director in the same store was 20 thousand rubles. However, in fact he received 10 thousand rubles. However, the entrepreneur explained that although a certain citizen was listed as the director of the store, in fact he was not one. Direct management was carried out by the entrepreneur himself. And the director received a salary according to the time worked (he did not go out every day). In addition, the entrepreneur explained that in addition to legal work The pregnant employee was also entrusted with managing the store’s activities and resolving organizational issues. As a result, the refusal of the fund to offset the benefit was declared illegal by the Presidium of the Supreme Arbitration Court of the Russian Federation (resolution dated April 23, 2013 No. 16549/12).

Thus, if a pregnant employee performs additional job duties, it is safer to record this in additional agreement To employment contract, concluded with her. Plus, this will be an additional justification for increasing the salary (even for a temporary period).

Additional security measures. In addition to the logical justification, it is important for the employer to have documents confirming the reality of the employment relationship. In particular, these may be employment orders, copies work records, staffing table, salary slips, time sheets, job descriptions and so on.

Thus, in one of the cases, the company confirmed the fact that a pregnant employee fulfilled her job duties with primary accounting documents: an extract from the book of income and expenses, a copy of the invoice and copies of delivery notes (resolution of the Federal Arbitration Court of the Ural District dated July 11, 2013 No. F09-6714/13 ).

In addition, in this scheme one must not miss an important nuance - family ties. Courts often consider this a basis for refusing to reimburse funds from the Social Insurance Fund. For example, this happened in following situations when a pregnant woman found herself:

• daughter of the director of the company (resolution of the Federal Arbitration Court of the West Siberian District dated 08/12/13 No. A46-29711/2012);
• sister of an entrepreneur (resolution of the Federal Arbitration Court of the West Siberian District dated April 1, 2013 No. A27-14796/2012);
• director's wife and sole founder company (resolution of the Federal Arbitration Court of the East Siberian District dated August 30, 2012 No. A33-14985/2011).

However, practice shows that not all courts consider the presence of family ties to be an obstacle to denying benefits. In particular, in one of the cases, the arbitrators indicated that the basis for hiring an employee was primarily the offer of the employment center, and not the presence of a family relationship with the entrepreneur (resolution of the Federal Arbitration Court of the North-Western District dated September 23, 2013 No. A21-9542/2012 (upheld by the ruling of the Supreme Arbitration Court of the Russian Federation No. VAS-17019/13 on 12/09/13) Judges came to similar conclusions in many other decisions (for example, decisions of the East Siberian federal arbitration courts dated 08/23/12 No. A33-20033/2011, Ural courts dated 05. 04.12 No. F09-2332/12, Far Eastern from 06.19.12 No. F03-1893/2012, Volga-Vyatka from 10.24.11 No. A82-14347/2010, West Siberian from 09.06.11 No. A45-21736/2010 districts).

More than 15 years have passed since I have been involved in document support of management processes. During this period, I was lucky enough to work in the largest organizations in our country and improve my level of qualifications both in the field of theoretical knowledge and in practice. But here’s what never ceases to amaze: why is work with documents given such an insignificant place in organizations focused on innovative and dynamic development, why is there an opinion that “everything” can be entrusted to the secretary?

And it’s good if this is a Secretary with a capital “S”, who is highly qualified and capable of building the entire office work process in the organization, taking into account the full cycle of documentation support for activities, as well as resolving other issues of organizational support for the manager. But this is rather an exception to the rule.

Currently, the basis for business prosperity is its development, which implies an inevitable increase in document flow in quantitative and qualitative terms and requires new approaches in the field of documentation support of the organization’s activities and additional resources. We have to admit that previously established titles, including job titles and functions, are periodically updated, but largely do not correspond to modern needs. At the same time, there are no standards for organizational support of management activities at all.

But positive dynamics have already been laid. Today, many organizations focused on achieving leadership positions in their industry are implementing document management systems, thereby ensuring competitive advantage. At the same time, the assessment of the importance of the document management function changes radically: instead of an auxiliary role, a stable attitude towards it as a business process is formed. It is important to convey this idea to the top management of your organization, even if not the first time.

The professions of a clerk, secretary, archivist, reception specialist (secretariat), personal assistant, head of the preschool educational institution service, etc. should be clearly separated functionally, and it should also be understood that for successful work in each of the listed cases, different qualifications are needed. Often, the management of organizations perceives these professions as identical and with approximately the same functionality: “tea-coffee, telephone, papers.” But each profession is significantly different and requires special knowledge and skills. Just like the process of “document management” is now much broader than how people who are far from it perceive it: in their eyes, it often comes down to registering “incoming and outgoing”. Such stereotypes also need to be systematically transformed.

This can be done by a highly qualified specialist who is familiar with the existing state requirements for documentation support and has the competence to build the logic of document support processes, taking into account the specifics of a particular organization. In large successful companies, such a specialist usually heads the corresponding department, no matter what it is called: head of the secretariat, business manager, head of the preschool education service, etc.

Use standards - international and domestic!

It is no coincidence that significant criteria when assessing an organization’s management system are requirements and standards in the field of document management; these requirements are included in all international systems quality of management. “Modern concepts, firstly, consider quality as the main factor of competitiveness and the formation of a sustainable business, and secondly, they emphasize the direct connection between the quality of products / services of an enterprise and the quality of the organization of its activities.” This message, based on the international standards ISO 9001 series, should be clear to the leadership of your organization, as well as business owners. Then you can continue by saying that significant criteria when assessing an organization’s management system is its compliance with the requirements of standards, incl. in the field of document management.

And here I fully agree with the opinion of Vera Iritikova, expressed several months ago on the pages of this magazine: “If you need to get information about how they work with documents in foreign countries how problems related to documents are solved, what is the level of “foreign” paperwork, then first of all you should study ISO standards, because It is they that contain, in a generalized form, information about the modern (already achieved in some countries and desired in others) level of understanding of the importance of working with documents and the optimal requirements for its organization.”

One of international standards ISO has been translated and adopted as a domestic standard - this is GOST R ISO 15489-1-2007 “System of standards for information, library and publishing. Document management. General requirements".

By voluntarily accepting the principles of the QMS and the recommendations of the standards, the organization must ensure appropriate quality not only in the areas recorded in the Organization's Policy, but also in document management. This goal can be achieved by developing and providing the organization’s management with a wide range of tools - from creating documents and monitoring their execution to managing the organization’s activities, from forming a long-term development strategy to processing simple applications.

How can you optimize your work?

As a rule, the functions of documentation support for the organization’s activities are concentrated in a separate structural unit. In our company, they are assigned to the documentation support department of the Business Administration (hereinafter referred to as the Department). The value of our company is modern, mobile top management, therefore one of the tasks of the Department, taking into account the geographically distributed structure of our organization, was the creation of a competence center and training of employees (including secretaries and specialists who provide the first line of organizational and documentation support to management and at the company reception). It is these employees who are responsible for office work, accompanying management activities management at the head office and branches in accordance with modern international standards.

The enlarged functions of the Department’s specialists include:

1. within the framework of organizational support:
   • ensuring prompt communication and working with mini-PBX (call center);
   • processing applications for passes for visitors, sending them for approval, entering them into the access system;
   • meeting management/facilities business negotiations(6 meeting rooms equipped with a special reservation system);
   • distribution of applications for vehicles;
   • decor postal items and express delivery;
   • organizational support for events (board of directors, meetings with the chairman) in accordance with the requirements stated for the event;
   • ensuring timely updating of telephone directories, addresses and contacts of branches and managed companies;
   • carrying out official assignments from management;
   • booking hotels, ordering vehicles, railway and air tickets for the general director and his deputies;
   • receiving, checking the delivery of periodicals and subscription publications (delivery to the desk of managers);
   • coffee lady services;
2. within the framework of documentation support:
   • registration and distribution of correspondence in the EDMS;
   • treatment Email;
   • initial verification of draft administrative documents and generation of comments;
   • preparation and recording of management meetings;
   • coordination, distribution and monitoring of the implementation of minutes of management meetings in the EDMS;
   • registration and distribution of administrative documentation to the EDMS;
   • registration of travel certificates, travel orders in the 1C software package for all employees of the organization;
   • monitoring the implementation of the General Director’s instructions according to administrative documents;
   • preparation of unit documentation for filing in the archives of the EDMS;
   • methodological assistance on documentation issues and regulatory support, etc.

Certain functions in the EDMS for searching documents, preparing draft documents, processing their originals and further processing are performed directly in departments, which, in particular, allows for the efficiency of preparing draft documents, allows company employees, and most importantly, managers to independently conduct business correspondence in accordance with the distribution of powers, etc. The independence of performers and managers at one time made it possible to significantly reduce the number of employees in our Department. But to prevent the situation from getting out of control, the process needs to be managed and convenient mechanisms offered to users with a built-in algorithm of actions aimed at eliminating unintentional errors. This required development and implementation of quality teaching materials(regulations), as well as EDMS.

Example 1

Distribution of functions between employees of the Department and other divisions within the framework of the process “Issuance of the administrative document of the General Director”

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I will give the simplest example - the publication of a standard administrative document (hereinafter - RD) of the general director using the EDMS. The procedure is as follows:

• Executor: creation of the RD project using a template in the EDMS.
• Department employee: initial check for compliance with the rules established for the RD, registration of the project or return for revision.
• Approving persons: approval of the project or sending comments.
• Performer: processing of comments; direction for approval.
• Department employee: checking the correctness of the approval procedure, addressing comments.
• Signatory: signing or returning for revision.
• Department employee: document registration, distribution of tasks for execution, submission for control, publication on the portal.
• Executor on behalf of the RD: receipt of an approved document for execution, execution itself, sending a report to the Department.
• Department employee: creation test assignments for each order, receiving and processing reports, removing control, moving to the operational archive.

To ensure the possibility of performing the designated set of works:

1. Our division has staff members with professional knowledge and experience in organizing these processes, as well as
2. a concept for process management of documentation support has been developed, including internal regulations for office work and use of the system electronic document management(SED).
   Into the documentation support system and corporate governance included regulations that define the procedure and those responsible for the following processes:
   • process "correspondence";
   • process “administrative documentation”;
   • the process of “monitoring the execution of management decisions”;
   • process “documentation support of management”;
   • adaptation procedure (instructions for working in the EDMS for new employees);
   • management documentation templates and routes for their movement;
   • concept of work for a receptionist (requirements for appearance, communication, schedule);
   • job descriptions of each employee of the Department of Affairs.

In conditions of high employment of existing personnel and their constant shortage the most important factor quality documentation support for the company:

1. unification and establishment of uniform rules for working with documents, setting up working tools that ensure automation of documentation processes;
2. separation of areas for performing operations with documents;
3. setting deadlines for each operation.

One of these tools was automated corporate system electronic document management (EDMS). Implementation of EDMS within the framework of the above tools happened in the company in 2009, this made it possible to reduce document flow by controlling and reducing the number of types of documents, as well as to maintain the number of our Department until 2012 at the 2009 level.

But the company is developing, and in 2012, the “overload” of our division became obvious to ordinary employees and the head of the Department. The question arose: how to convey this message to management in anticipation of resource planning for 2013?

How to prove that it's time to increase your staff?

If your department does not have enough staff, it is not at all necessary that the personnel department itself will “see” this and solve the problem. As you know, saving drowning people is the work of the drowning people themselves. Therefore, I propose a simple approach that the head of a department can apply in order, firstly, to understand the situation himself and, secondly, to have facts for making decisions and arguing at higher authorities.

Each function of the department’s employees can be identified, formulated, measured over time and described in a table. Average quantitative indicators for generated documents can be taken from registration registers individual species documents. It is better to transfer the collected data to Excel for subsequent calculations (see Example 2).

According to the calculation given in Example 2, it turns out that the available 3 people are not enough to perform the designated functions, because The calculation already reflects the excess of the percentage load for each employee, which is more than 100%. Accordingly, in order to avoid negative consequences, an increase in numbers is required. You also need to consider:

• What a new employee must undergo adaptation and mastery of the necessary functions for at least 3 months before starting to work in full force ;
• projected annual increase in document flow (in our company it is about 30%);
• There must be a resource for developing competencies; successful companies are constantly introducing new technologies and rules.

Thus, when hiring a new employee to our department at the beginning of next year, we can hope for the successful completion of his adaptation period by March 30, 2013. Those. approximately after this date we can talk about the possibility of full introduction of a new employee and his admission to independent work, on the adequate distribution of functions among personnel, excluding the load factor beyond the norm.

I note that in state regulations there are formulas that should be used by HR department specialists when forming total number organization personnel. Moreover, the formulas also include special coefficients that take into account time spent on personal needs, workplace maintenance, rest, etc., incl. absenteeism rate, which is rarely taken into account by the employer. Those. When planning the workload on staff, the employer may not take into account that during the execution period job responsibilities Each employee must have a planned rest period, that he will definitely go on vacation and can take sick leave. IN similar cases additional workload, as a rule, should be distributed to other employees, who in turn:

• or there must be a reserve of “free” working time,
• or the additional load must be documented accordingly and paid by agreement of the parties (according to Article 151 Labor Code RF).

We did not include such additional coefficients in our calculation, but measured the “pure” load, so you need to understand that its real size is higher than the indicators given in Table Example 2.

In addition, in the indicated calculation there is a discrepancy with the principles of employee motivation, because Given the current workload, it is difficult to involve employees in the processes of improving the quality of services, training and mentoring, interchangeability, and commitment to the values ​​of corporate culture. Each employee should have an idea of ​​the possibility of developing and improving their skills, a focus on achieving high production indicators, thanks to which the development and improvement of the quality of the company’s services occurs constantly, moving from year to year to new quality levels. But with the workload described in Example 2, it can be stated that there is no resource for developing employee competencies.

Conclusions:

1. The most understandable argument for modern leaders the language of numbers becomes and, on the contrary, a non-specific complaint about staff overload may seem abstract. Therefore, we formulated the functions and calculated the load on existing personnel. You can follow this same path.
2. A necessary condition successful development the results obtained will be the correct planning of work for future periods, therefore the above calculation was carried out in order to clearly demonstrate the direct dependence of the increase in the number of functions or the volume of document flow on the number of specialized personnel involved, who take on the main load of the competence center for the company's documentation support.
3. If a positive decision to increase staffing levels cannot be made in a timely manner, the list of employee functions should be reviewed and functions that exceed the norm should be excluded from it in order to avoid legal risks and negative consequences due to incorrect registration of labor relations with employees, as well as a decrease in quality documentation support for the organization's management.

Footnotes

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