Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Development of job descriptions
Before hiring a new employee, the employer is obliged to provide him with an explanation of his rights and obligations, working conditions, and relevant benefits (if any) in accordance with the Labor Code of Ukraine. It is the job description that specifies the employee’s job functions, and the employee’s familiarization with it under his personal signature is of key importance in preventing disputes with the employer.
The concept and types of job descriptions
A job description is one of the elements of a specific company’s personnel documentation, which defines in detail the organizational and legal status of each employee. Today, several main types can be distinguished:
- typical or unified – developed for positions that are common to many enterprises (for example, director, accountant, secretary, lawyer, etc.) and can serve as the basis for developing other documents;
- individual – developed for a specific position and takes into account the unique characteristics of the activity;
- working – details the procedure for performing specific works or operations.
Requirements for job descriptions
Development of structure (sections)
Job descriptions are drawn up for all positions provided for in the staffing list. When introducing new staff units, the development of relevant instructions should be carried out simultaneously with this. The development of personnel documentation is an important aspect of management at the enterprise. This task is mainly carried out by employees of the human resources department, accountants, and lawyers (while checking the legality of the stated content). In the absence of a full-time lawyer, the enterprise can also use the services of outsourced legal workers to bring the instructions into line with current national legislation.
As a general rule, the job description should contain the following sections:
- general provisions (key information about the title of the position, field of activity, name of the unit, procedure for appointment and dismissal, procedure for replacing other employees);
- tasks, rights, and obligations of the employee (list of types of work, functions, powers);
- employee responsibility (criteria for evaluating work, limits of personal responsibility for the results of activities);
- must know or qualification (special) requirements (list of special knowledge, skills, and abilities);
- job-related connections (if necessary).
Labor law lawyers “Prikhodko & Partners” also emphasize that job descriptions are drawn up on the general form of the enterprise and must necessarily contain the following details: the name of the enterprise, its structural unit, registration number, position title, approval stamp, signature of the person who prepared the instructions, as well as a note about the employee’s familiarization.
Making changes to develop new job descriptions
Making changes and additions to job descriptions already developed at the enterprise and institution depends on the nature of the relevant adjustments. There are two methods of changing such instructions, in particular:
- first, issuing an order of the employer (manager) to make changes or develop a new job description. This is relevant in cases where we are talking about significant adjustments caused by changes in staffing levels, redistribution of work;
- secondly, making adjustments directly to the text of the job description in agreement with the manager without the need to obtain a separate order (for example, when it comes to correcting spelling errors, minor stylistic edits). Thus, the edits can be certified by the signatures of the specified persons and by affixing the date of making the relevant changes.
Development of job descriptions
Regulations on the development
To ensure a systematic approach to the development of job descriptions at the enterprise, it is advisable to develop and approve the relevant Regulations. The specified document should provide for general principles, the procedure for development, approval, implementation, storage and review of instructions. It is mandatory when forming this document and instructions in general to use:
- Classifier of professions;
- Directory of qualification characteristics of employee professions;
- Regulatory documents of the enterprise (Charter, internal labor regulations, regulations on structural units, etc.).
Approval of developed job descriptions
According to current national legislation, the developed documents are drawn up in two copies (one is transferred to the HR department for storage, and the second is given to the manager for the employee to familiarize himself with). The employee must be given a properly certified copy.
The approval procedure consists of several main stages:
- agreement with the relevant persons (manager, HR manager, legal advisor, and, if necessary, also an accountant). The specified process is formalized by a visa, which is affixed to the document;
- signing by the head of the structural unit, which includes the relevant position;
- ensuring proper accounting and storage (the nomenclature of cases provides for a separate case called “Job descriptions of employees”).
Why should you contact the lawyers of “Prikhodko and Partners” to develop job descriptions?
By contacting the lawyers of “Prikhodko & Partners”, you get a number of advantages, including comprehensive support for business in the preparation of job descriptions, primarily:
- expertise. The developed documents will fully comply with current legislation and take into account all the key nuances of the relevant position (director, accountant, manager, etc.);
- individual approach. Our experience allows us to create effective instructions for a wide variety of clients, regardless of their field of activity;
- professional communication. We also provide legal advice at each stage, explain legal aspects and offer optimal solutions;
- competitive prices. Our law firm offers a flexible pricing policy that takes into account the volume of work and the complexity of tasks for each individual enterprise or institution.
By choosing Prikhodko & Partners to develop job descriptions, you invest in legality, safety and efficiency of work. Our experience and professionalism will become a reliable basis for successful personnel management. To find out the cost of developing job descriptions by a lawyer, fill out the form below.
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