In this article the explanation about correctness of display in the staffing table of seasonal workers, about changes to the staffing table in case of introduction of new established posts is given.
In the organization two firemen work. For a heating season two more are necessary. Whether it is possible to accept them under the civil-law contract? Whether there should be in the staffing table four units with the note, what two positions are entered for a heating season? How in the staffing table of the enterprise to display seasonal workers?
By part 3 of article 64 of the Economic code of Ukraine to the enterprises is provided to determine pravosamostoyatelno the organizational structure, to establish number of workers and the staffing table.
In the nomenclature list of names of the unified forms of documents of the State qualifier of Ukraine of a recreation center 010-98 The state qualifier of administrative documentation, the State committee of Ukraine approved by the order on standardization, metrology and certification from December 31, 1998 of No. 1024 (further – GKUD), are provided such documents, as: Structure and regular number of staff of management of the enterprise (code 0202019), The staffing table of management personnel of the enterprise (code 0202022), Order on modification of structure and regular number of staff of management of the enterprise (code 0202040), Order on modification of the staffing table of management personnel of the enterprise (code 0202042).
GKUD is a component of the state system of classification and kodirovaniyatekhniko-economic and social information. It is used during collecting and processing of documents to the posootvetstvuyushchy unified forms all bodies of the public and economic board, and also jurisdictional enterprises and the organizations in the course of performance of the corresponding administrative functions according to a deystvuyushchemuzakonodatelstvo.
Thus, the enterprise should fix the fact of use of the right of rather independent definition of organizational structure, establishment of number of workers and the staffing table ukazannymidokument which, including and the staffing table, are local regulations of the enterprise. Besides, need of obligatory existence of the staffing table it is mediated proves to be true also that the order of the Head archival department at Cabinet council of Ukraine from July 20, 1998 of No. 41 approved the List of standard documents which are formed in activity of public authorities and local self-government, other enterprises, establishments and the organizations, with the indication of periods of storage of documents. This List defines periods of storage of documents which concern states, namely:
· staffing tables and lists of changes to them:
– in a drawing up place – it is constant in the organizations in which activity documents of National archival fund (dalee-NAF), and on protyazheniitrex in the organizations in which activity NAF documents aren’t formed are formed years;
– in other organizations – on protyazheniitrex years;
· drafts of staffing tables, documents (references, conclusions, responses) on their development – on protyazheniitrex years;
· correspondence about the statement and change of states – on protyazheniiodny year.
The legislation didn’t approve unified standard forms and methodology of drawing up and the approval of the staffing table which would be obligatory for the enterprises, establishments and the organizations of all organizational and legal forms, kinds of activity and forms of ownership. At the same time, the order of the Ministry of Finance of Ukraine About the approval of the documents applied in the course of budget performance from January 28, 2002 of No. 57 approved forms of the staffing table which are obligatory for observance by the budgetary establishments. Proceeding from a rule of analogy of the legislation, other subjects of housekeeping also can use the mentioned forms of documents in the work.
According to noted forms in the staffing table should be established:
– names of structural divisions of the enterprise and positions in these subsections;
– quantity of each established post;
– size of an official salary;
– the sizes and names of concrete extra charges and surcharges on each of established posts provided that they should be paid to workers monthly;
– monthly and annual funds of compensation on each of established posts.
Considering that according to article 97 Labour Code of Ukraine and article 15 of the Law of Ukraine About compensation from March 24, 1995 of No. 108/95-BP the right to establish to workers the concrete sizes of official salaries, extra charges, surcharges and other components of a salary is provided to the owner or the body authorized by it, the staffing table of the enterprise should affirm the public official who according to statutory documents of the subject of housekeeping has the right to conclude and terminate employment contracts with workers. Generally such public official yavlyaetsyarukovoditel of the enterprise, establishment or organization. The standard staffing table is approved by the order of the Ministry of Finance of Ukraine from January 28, 2002 No. 57 (addition).
We pay attention that the head of the managing subject approves the staffing table individually, without coordination with elected trade-union body or, in case of its absence, with other body or the representative, authorized to represent interests of labor collective. Coordination can take place only with the governing bodies provided by the charter of the enterprise or the provision on establishment or the organization. The staffing table is installed by the order of the director.
The legislation didn’t establish periodicity of the approval of the staffing table of the enterprise or modification to it. At the same time, as planning of financial and economic activity of the subject of managing is carried out, as a rule, for calendar year, and the staffing table is expedient for arguing and installing the order of the director at the beginning of a year and to extend its action for calendar year.
Changes to regular raspisaniyuvnosyatsya in case of introduction of new established posts, change of names of positions, the sizes of official salaries, extra charges or the surcharges established in the staffing table. If the enterprise structure for a year undergoes changes (structural divisions are liquidated or appear new, names of a significant amount of established posts and so forth change), it is expedient to approve and install the new staffing table. Modification to the existing staffing table is made out sootvetstvuyushhimiprikazami.
It is necessary to note that by drawing up of the staffing table of the name of professions and positions are defined according to the National qualifier of Ukraine of a recreation center 003:2005 The qualifier of professions taking into account the changes brought to it and additions. In particular, the professional name of work "Fireman" in noted qualifier is absent. There are names of works "Stoker" (code 9141) and The operator of a boiler room (code 8162.2). Therefore, the job title should be brought into accord with the Qualifier of professions.
Traditionally it developed that the staffing table is an element of planning of labor which is necessary to the managing subject for performance of its authorized tasks and functions. Existence in the staffing table of a certain established post directly doesn’t oblige the director to conclude the employment contract with the worker. However any citizen has the right to apply for vacant post and to insist on the conclusion of the employment contract with it on work performance that answers vacant post.
Article 22 Labour Code ustanovlenzapret rather unreasonable refusal in employment, and also other conditions of direct or indirect restriction of the rights of the citizen at an execution of an employment agreement. According to the article 184 Labour Code, the owner or the body authorized by it obyazanv to a written form to tell to expectant mothers; to the women having children under three years; to the lonely mothers having the child the reasons of the refusal in an execution of an employment agreement are elderly till 14 years or the disabled child.
Thus, the quantity of established posts should answer volumes of works carried out by the enterprise. At change of amount of works, including and in connection with seasonal or other cyclic fluctuations, the owner has possibility at any time to make changes to the staffing table.
Taking into account stated, in a situation when there is a requirement to conclude with certain workers labor contracts for a heating season, in our opinion, in the staffing table which affirms and installed at the beginning of calendar year, it is necessary to display all established posts taking into account workers with whom urgent employment contracts for a heating season are concluded. When heating isn’t necessary and, respectively, there are no necessary amounts of works for workers of a certain profession or a position, the order on the enterprise it is necessary to make changes in a part of reduction of quantity of established posts of workers of the corresponding profession (position) to the staffing table.
At the same time, to provide in the staffing table of the subject of managing certain established posts with the note that they are entered for a heating season, it is not forbidden by the legislation. However such form in practice is a little applied, as changes to the staffing table can be brought by the owner or the body authorized by it at any time according to the current requirements.
To accept citizens for the works, carried to a type of economic activity of the managing subject, on the terms of civil-law hiring work contracts with observance of standards of the legislation it is almost impossible. One of the main differences of the employment contract from the contract civil-law is that, chtopri implementation of the employment contract work is carried out within a profession and qualification on a workplace created by the employer. At performance rabotyna conditions of the civil-law hiring work contract work is carried out on own risk of the performer during time convenient for it and way convenient for it. Thus, the enterprise is deprived of possibility to supervise and directly to influence implementation by the worker of the labor function, namely on process of performance of functional duties of the stoker or the operator of a boiler room.
However the enterprise continues to bear responsibility for the correct operation of own equipment by means of which thermal energy is made and moves to consumers. To transfer this duty to other citizens who aren’t his workers, the subject of managing can only together with transfer to it in using (rent) of this equipment. Thus, the hiring work contract on works on production and supply by thermal energy can be concluded with the citizen after the conclusion of the lease contract of the corresponding equipment with it.
On Dov_dnikkadrovika magazine materials.