Various changes may occur in the structure of the enterprise, which must be reflected in the staffing table, employment agreement and work book. Therefore, you need to know how to make an entry in the work book about renaming a unit.
The names of departments, branches, divisions, services, directorates, faculties, departments and so on often change. For example, the “Legal and Documentation Department” could be renamed to the “Legal and Contracting Department.” Departments can be called directorates or directorates and vice versa.
In these cases, it is necessary to make the necessary entries in the work book based on the requirements of the law, that is, the Labor Code, Instructions and Rules. The third section of the Instructions states that information about any changes in the name of the position held, department (division) or the entire organization, which are included in the staffing and qualification directories in accordance with the approved procedure, must be brought to the attention of the personnel, and then the necessary changes must be made in work books based on a written decision of the administration.
If federal legislation provides for the imposition of any restrictions or provision of benefits in connection with work in a certain position and/or in certain departments, then their names must coincide with the names indicated in the qualification directories. Therefore, it is so important to accurately indicate the names (and renamings) of departments, positions, professions and specialties.
Translation or renaming?
If all changes (renames) have been officially made to the staff, then a similar entry must be made in the work book approximately in the following form: “Radiological Department of the Security Service” has been renamed to “Radiation Safety Department”.
Some personnel officers believe that records of a change in the name of a department should be prepared in the same way as records of the transfer of an employee to another department.
There are some reasons for this opinion, since the transfer of an employee to another department is considered a change in one of the essential terms of the employment contract, which is the name of the department.
Deciphering this complex wording, we can say that the name of the department (division, service, directorate) and the position occupied by the employee are indicated in the contract, therefore they are its essential conditions. And any change in the essential terms of the contract (it does not matter what kind of work the person performs) is traditionally considered a transfer among old personnel officers and is formalized in this way in the work book due to the fact that the Instructions have not developed a clear definition on this matter.
Indeed, in the Instructions there are no indications of such entries as “department ... renamed.” Therefore, a change in the name of a department, department, directorate or division is often formalized as a transfer. However, it is more reasonable to write in the employment document not “Transferred to the Radiation Safety Department,” but as indicated above.
Although the Instructions do not clearly state the entry in the work book due to a change in the name of the department, it is necessary to distinguish between a change in the department itself and a change in the name of the department in which the employee works.
A change in the department itself (its composition, functions, etc.) will entail a transfer record. A change in the name of the department will be considered a transformation of the essential terms of the employment contract, which are not related to the transfer and do not require the mandatory consent of the employee.
Changing the name of the department (if the condition of working in a specific department was included in the contract signed with the employee) can be classified as a modification of its conditions (paragraph 3 of part 2, paragraph 2 of part 4 of article 57 of the Labor Code of the Russian Federation).
These changes can be made:
- by agreement between the employee and the administration}
- by order of the employer in connection with the transformation of organizational working conditions (Article 74 of the Labor Code of the Russian Federation).
If the job responsibilities and functions of employees have not changed after changing the names of positions or departments, and in reality the employees do not move to other departments (that is, there was no merger or reorganization of departments), then in this situation there is no need to register the transfer.
Renaming and reorganization
In some cases, the enterprise undergoes a reorganization, but employees still do not move to new divisions, but remain at their jobs and continue to perform their previously defined functions and responsibilities.
For example, the company had two plants, but now only one remains, because the second plant was sold (closed, liquidated, etc.). Please note that the employees of the remaining plant continue to work in their old places and the functions they perform have not changed.
But the company underwent a reorganization, and many divisions were renamed. For example, the “Refining Shop of Plant No. 1” became simply called the “Refining Shop”, the “Mechanical Workshops of Plant No. 1” became simply “Mechanical Workshops”, and so on.
And in the opposite case, if one plant is divided into two, or one department has turned into four services, a transfer must be formalized, since the employees actually move to another department.
Renaming positions and departments can be carried out by agreement of the parties to the employment contract
Question from Klerk.Ru reader Lyubov (Moscow)
Our company's structure has changed, as well as staffing. Departments changed to managements and positions changed, but the responsibilities remained the same. How to properly prepare personnel documents, orders and entries in the work book?
Renaming a position and a structural unit (if the condition of working in a specific structural unit was included in employment contracts with employees) means a change in the terms of the employment contract determined by the parties (paragraph 3, part 2, paragraph 2, part 4, article 57 of the Labor Code of the Russian Federation. Such a change can occur either by agreement between the employee and the employer, or at the initiative of the employer for reasons related to changes in organizational working conditions (Article 74 of the Labor Code of the Russian Federation). It follows from the question that the labor function of employees has not changed along with the renaming of positions, as well as they do not actually transfer to other structural units, which means that in this case there is no need to formalize the transfer.
If the renaming of positions and structural units occurs by agreement of the parties to the employment contract, then you need to:
– issue an order to amend the staffing table signed by the head of the organization or his authorized person. The order must provide justification for renaming positions and departments, for example: “improving the organizational structure of Alpha LLC,” “optimizing management work,” etc. Before issuing the order, it is advisable to request the written consent of the employees who will be affected by the changes (for example, you can send notification, on the second copy of which he will express his consent to these changes);
– conclude with each employee affected by the changes an additional agreement to the employment contract, where the new job title should be written down. It is necessary to change the name of a structural unit in an employment contract if a condition about working in a specific structural unit was included in it;
– make changes to the staffing table;
– make entries in the workers’ work books about the renaming of the position and structural unit. They can be formulated, for example, as follows: “The position “Head of the Legal Department” was renamed “Head of the Legal Affairs Department” from 08/01/2013, “The “Legal Department” structural unit was renamed “Legal Affairs Department” from 08/01/2013.” Changes to work books are made in the manner provided for in clause 3.2. Instructions, approved Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003 (by analogy with the entry on the renaming of an organization, since there is no separate procedure for renaming a position and structural unit);
– make appropriate changes to employees’ personal cards;
– make changes to job descriptions if they are approved by the organization.
Confirmation: Art. 72 of the Labor Code of the Russian Federation.
An alternative option is to formalize the renaming of positions and structural divisions at the initiative of the employer for reasons related to changes in organizational working conditions. In this case you need:
– notify employees in writing no later than two months in advance about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes. If an employee refuses to work under the new conditions, he must be offered in writing another job available to the employer (a vacant position or a job that corresponds to the employee’s qualifications, a vacant lower position or a lower paid job), which he can perform taking into account his state of health. If you refuse the offered job or if the specified job is not available, file a dismissal on the grounds provided for in clause 7, part 1, art. 77 of the Labor Code of the Russian Federation.
Next, you need to act as described above: issue an order to make changes to the staffing table, conclude additional agreements to the employment contract with employees who did not refuse to work under the new conditions, make changes to the staffing schedule, work books and personal cards of employees, job descriptions .
Confirmation: Art. 74, 72, 72.1 of the Labor Code of the Russian Federation.
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The legislative framework
The Instructions do not contain instructions for making a record of changing the name of a unit, but there is a procedure for making a record of renaming an organization (clauses 3.1 and 3.2).
Clause 3.1 stipulates that entries about the name of a position or specialty indicating the required qualifications must be made on the basis of the officially approved staffing of the company.
The law requires that the employee be notified of any changes made in the qualification directories and staffing of the company in accordance with the established procedure, and then the necessary changes should be made in the employee’s work book based on a written decision of the administration.
Clause 3.2 determines that if the name of the company changed while the employee was working at this enterprise, then it is necessary to reflect this in the entry as an individual line in the third column of the work section approximately in the following form: “CJSC Fakel has been renamed since July 21, 2010 in “Plamya” LLP, and in the fourth column the basis for such renaming should be indicated - an officially approved decision, resolution or order of the administration, as well as their details.
Work book entry form
An entry in the work book about the renaming of a unit is made as an individual line in the third column of the work section.
For example, the following entry is possible: “The Directorate of Logistics and Technical Support” was renamed “Logistics Department” from 06/01/2010, and in the fourth column the basis for the renaming should be indicated - a decision or resolution of the administration to change the staffing level, as well as its details. The first and second columns should be left blank.
Thus, a change in the name of a department is documented in the labor document in the same way as a change in the name of a position.
In the work column, you must make an entry that “department A” has been renamed “department B”. For example, the “Information Technology Service” was renamed to the “Information Technology Department”, but the positions and functions of the employees remained the same.
Entries in the work book about changes in the name of the position and department can be formulated as follows:
- “The position “Head of Human Resources” has been renamed “Human Resources Manager” since 08/01/2012}
- “The “user technical support service” division has been renamed into the “customer technical service department” since September 11, 2013}
- “Faculty of Communications and Telecommunications Engineers” was renamed from 02/25/2014 to “Faculty of Telecommunications, Mobile Communications and Engineering”.
The exact names of departments are indicated in the duly approved staffing table and the corresponding order of the administration. If there was an entry in the labor record about the previous name of the department, then it is necessary to make an entry about the change in the specified name.
In what cases is it necessary to rename a position in the work book?
The Labor Code of the Russian Federation in Section 3, which establishes general rules for the conclusion and subsequent action, as well as termination of an employment contract, states that all personnel documents, which include the work book, must indicate information about the position for which one or another employee is hired.
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In cases where the employment contract specifies the structural unit to which the employee is hired, this information must also be indicated in the work book. Based on the foregoing, we can conclude that changes to rename an employee’s position can be made in the following cases:
- if, based on the changes made to the staffing table, there have been changes in the job title of one or more employees;
- Based on the decision of the organization’s management or as a result of changes to the staffing table, adjustments were made to the names of the structural divisions in which employees are employed. In this case, the name of the position may not be made, but may be made together with changes made to the names of the departments.
However, regardless of the reason for such entry of new information into the employee’s work book, it must be done in accordance with the requirements set out in the Instructions for filling out work books.
The Importance of Renaming
It is necessary to indicate changes in the names of departments in the work book in order to avoid problems with future confirmation of experience. It is also important to indicate information about the renaming of the unit, because this may be associated with the provision of various benefits.
The company's management is obliged to determine the production to which the work performed relates, confirm the employee's employment in a certain department, directorate or division and establish the correspondence of the employee's position title to the profession provided for in special lists of production, work and professions that give the right to preferential benefits.
That is why it is so important to correctly make entries in the work book about renaming the unit.
