• Are the obligations of the debtor-account holder subject to fulfillment by the bank according to the claims of creditors of the 1st-3rd priority?
• The head of the LLC was convicted under Art. 173.1. Criminal Code of the Russian Federation. What are the consequences for deals entered into by this executive?
• What are the features of hiring a part-time foreigner with a patent to work in a specific profession?
• Is it necessary for the institution to approve the access control regulations?
• Does the State Budgetary Institution have the right to purchase other services to provide public services if their use is not provided for by technical regulations?

Question

The company does not have a HR department inspector; can the organization’s lawyer act as an inspector?

Answer

1. Yes, it can.

Requirements for the qualifications of a personnel inspector: average professional education without requirements for work experience or initial vocational education, special training in installed program and work experience in the relevant profile for at least 3 years, including at least 1 year at this enterprise (Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37)

In accordance with Resolution No. 37 of August 21, 1998 (ECTS), an employee who has: a higher professional (legal) education without requirements for work experience or a secondary vocational (legal) education and work experience in positions filled by specialists with a secondary education can work as a legal adviser. professional education, at least 5 years.

2. At the same time, performing work that is not included in job responsibilities employee, you can issue:

 as an internal part-time job (Article 60.1 of the Labor Code of the Russian Federation);

The rationale for this position is given below in the materials of the “Personnel System” .

"Conditions for combining

Under what conditions can an employee combine professions or positions in the organization?

The combination of professions (positions) is characterized by the following:

 the employee must agree to the combination;

 the period during which the employee will combine other work is established by agreement of the parties. For example, before a newcomer is found for a vacant position;

 An employee must combine different positions (professions) in the same organization. Otherwise, it will be an external part-time job;

 the employee will perform both his main and his additional work within the established working hours - as a rule, eight hours a day. Otherwise it will be an internal part-time job.

This is stated in Articles 151 and 60.2 Labor Code RF.*

Question from practice: how to formalize the performance of work that is not part of the employee’s job responsibilities

Work that is not part of the employee’s job responsibilities can be completed in one of four ways:

 as a combination of professions (positions) (Article 60.2 of the Labor Code of the Russian Federation);

 as an internal part-time job (Article 60.1 of the Labor Code of the Russian Federation);*

 as an expansion of service areas or an increase in the volume of work performed (Part 2 of Article 60.2 of the Labor Code of the Russian Federation);

 concluding a civil contract for the provision of services (performance of work).

The choice of option depends on the nature extra work and the frequency with which the employee must perform it. If an employee will have to do a new job for him for a certain time, then it is better to arrange an internal part-time or combination job.

At internal part-time job the employee performs additional work in his free time from his main job (Article 60.1 and Part 1 of Article 282 of the Labor Code of the Russian Federation). To do this, the employer enters into a separate employment contract with the employee (Article 60.1 of the Labor Code of the Russian Federation).

When combining professions, an employee does additional work during his regular working day. In this case, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in Part 1 of Article 60.2 of the Labor Code of the Russian Federation.*

By expanding service areas and increasing the volume of work performed, we mean performing, along with one’s main work, due to employment contract, additional volume of work for the same profession or position (Part 2 of Article 60.2 of the Labor Code of the Russian Federation).

In this case, the assignment of additional work to an employee for additional payment should be formalized by the employee and the employer signing an additional agreement to the employment contract, which will determine both the content and scope, as well as the duration future work, as well as additional payment for its implementation (Articles 72, 151 of the Labor Code of the Russian Federation).*

Based on the additional agreement to the employment contract, issue an order in free form on assigning relevant work to an employee and establishing additional payment. Submit a copy of the order to the accounting department for calculation and payment of additional payments to the employee.

Information about combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without release from work specified in the employment contract does not need to be entered into the employee’s work book and personal card (part 4 of article 66 of the Labor Code of the Russian Federation, clause 4 , 10 Rules approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, section 3 of the Instructions approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

If the work is one-time and is not repeated for some time, and the employer is interested in the result, not the process, then it is better to conclude a civil contract. For more information about this agreement, see How to conclude a civil contract for the performance of work (provision of services) with a citizen.”

ECSD 2018. Revision dated April 9, 2018 (including those with changes that entered into force on July 1, 2018)
To search for approved professional standards of the Ministry of Labor of the Russian Federation, use directory of professional standards

HR inspector

Job responsibilities. Keeps records of the personnel of the enterprise and its divisions in accordance with unified forms primary accounting documentation. Prepares the hiring, transfer and dismissal of employees in accordance with labor legislation, regulations and orders of the head of the enterprise, as well as other established personnel documentation. Forms and maintains personal files of employees, makes changes to them related to work activities. Prepares necessary materials for qualification, certification, competition commissions and nomination of employees for incentives and awards. Fills out, records and stores work books, makes calculations length of service, issues certificates about the present and past labor activity workers. Makes entries in work books about incentives and awards for employees. Enters information about quantitative, quality composition employees and their movement into the enterprise personnel data bank, monitors its timely updating and replenishment. Keeps records of the provision of vacations to employees, monitors the preparation and compliance with regular vacation schedules. Designs cards pension insurance, other documents necessary for assigning pensions to employees of the enterprise and their families, establishing benefits and compensation. Studies the causes of staff turnover and participates in the development of measures to reduce it. Prepares documents upon expiration of the established periods of current storage for depositing in the archive. Monitors the state of labor discipline in the organization’s divisions and employees’ compliance with internal labor regulations. Prepares prescribed reports.

Must know: legislative and regulatory legal acts, teaching materials on maintaining documentation for the accounting and movement of personnel, labor legislation, structure and staffing of the enterprise, the procedure for registration, maintenance and storage work records and personal files of employees of the enterprise, the procedure for establishing the names of the professions of workers and positions of employees, general and continuous work experience, benefits, compensation, registration of pensions for employees, the procedure for recording the movement of personnel and drawing up established reporting, the procedure for maintaining a data bank on the personnel of the enterprise, the basics of office work, means computer technology, communications and communication, basics labor legislation, rules and regulations of labor protection.

Qualification requirements. Secondary vocational education without requirements for work experience or primary vocational education, special training according to an established program and work experience in the profile of at least 3 years, including at least 1 year in the given enterprise.

Vacancies for the position of HR Inspector on the all-Russian vacancy database

Job responsibilities HR inspector. Keeps records of the personnel of the enterprise and its divisions in accordance with unified forms of primary accounting documentation. Prepares the hiring, transfer and dismissal of employees in accordance with labor legislation, regulations and orders of the head of the enterprise, as well as other established personnel documentation. Forms and maintains personal files of employees, makes changes to them related to work activities. Prepares the necessary materials for qualification, certification, competition commissions and the presentation of employees for incentives and awards. Fills out, records and stores work books, calculates length of service, issues certificates of current and past work activities of employees. Makes entries in work books about incentives and awards for employees. Enters information about the quantitative, qualitative composition of employees and their movement into the data bank about the enterprise’s personnel, monitors its timely updating and replenishment. Keeps records of the provision of vacations to employees, monitors the preparation and compliance with regular vacation schedules. Prepares pension insurance cards and other documents necessary for assigning pensions to employees of the enterprise and their families, establishing benefits and compensation. Studies the causes of staff turnover and participates in the development of measures to reduce it. Prepares documents upon expiration of the established periods of current storage for depositing in the archive. Monitors the state of labor discipline in the organization’s divisions and employees’ compliance with internal labor regulations. Prepares prescribed reports.
HR inspector Must know: legislative and regulatory legal acts, methodological materials on maintaining documentation for accounting and personnel movement; labor legislation; structure and staff of the enterprise; the procedure for registration, maintenance and storage of work books and personal files of enterprise employees; the procedure for establishing the names of workers' professions and employee positions, general and continuous work experience, benefits, compensation, and registration of pensions for employees; the procedure for recording the movement of personnel and drawing up established reporting; the procedure for maintaining a data bank about the personnel of the enterprise; basics of office work; means of computer technology, communications and communications; basics of labor legislation; rules and regulations of labor protection.

HR inspector is an employee of the organization's HR department.

Functional and job responsibilities of a personnel inspector

The HR inspector is involved in the selection of personnel, accounting for the personnel of the organization, maintaining the personal files of employees, registration when hiring, dismissing or transferring employees - filling out, recording and storing work books, the procedure for granting leave, analyzing the reasons for staff turnover, monitors the execution of orders, instructions, instructions initiated by the management of the organization, exercising control over compliance with labor discipline in the organization.

Qualification requirements for a personnel inspector

The HR inspector must have a higher or secondary education special education and work experience of 1 year. The HR inspector must know labor legislation and be familiar with personnel documentation, be a confident user of a PC, the Internet, have skills in working with people, documentation, analytical skills, have qualities such as responsibility, organization, stress resistance.

Career and salary of a personnel inspector

The HR inspector has average level wages. Size wages depends on work experience and the prestige of the organization. The HR inspector has the ability career growth to the chief personnel inspector and head of the personnel department.

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QUALIFICATIONS DIRECTORY OF POSITIONS FOR MANAGERS OF SPECIALISTS AND OTHER EMPLOYEES (approved by the Resolution of the Ministry of Labor of the Russian Federation dated... Relevant in 2018

HR INSPECTOR

Job responsibilities. Keeps records of the personnel of the enterprise and its divisions in accordance with unified forms of primary accounting documentation. Prepares the hiring, transfer and dismissal of employees in accordance with labor legislation, regulations and orders of the head of the enterprise, as well as other established personnel documentation. Forms and maintains personal files of employees, makes changes to them related to work activities. Prepares the necessary materials for qualification, certification, competition commissions and the presentation of employees for incentives and awards. Fills out, records and stores work books, calculates length of service, issues certificates of current and past work activities of employees. Makes entries in work books about incentives and awards for employees. Enters information about the quantitative, qualitative composition of employees and their movement into the data bank about the enterprise’s personnel, monitors its timely updating and replenishment. Keeps records of the provision of vacations to employees, monitors the preparation and compliance with regular vacation schedules. Prepares pension insurance cards and other documents necessary for assigning pensions to employees of the enterprise and their families, establishing benefits and compensation. Studies the causes of staff turnover and participates in the development of measures to reduce it. Prepares documents upon expiration of the established periods of current storage for depositing in the archive. Monitors the state of labor discipline in the organization’s divisions and employees’ compliance with internal labor regulations. Prepares prescribed reports.

Must know: legislative and regulatory legal acts, methodological materials on maintaining documentation for accounting and personnel movement; labor legislation; structure and staff of the enterprise; the procedure for registration, maintenance and storage of work books and personal files of enterprise employees; the procedure for establishing the names of workers' professions and employee positions, general and continuous work experience, benefits, compensation, and registration of pensions for employees; the procedure for recording the movement of personnel and drawing up established reporting; the procedure for maintaining a data bank about the personnel of the enterprise; basics of office work; means of computer technology, communications and communications; basics of labor legislation; rules and regulations of labor protection.

Qualification requirements. Secondary vocational education without requirements for work experience or primary vocational education, special training according to an established program and work experience in the profile of at least 3 years, including at least 1 year in the given enterprise.