Yes maybe. IN staffing the position of the head of the department may be provided in the absence of other staff units in this department.

The rationale for this position is given below in the materials of "Systems Lawyer" .

Situation: Can a department consist of one head of that department

"Formally Labor Code The Russian Federation does not prohibit an employer from creating structural subdivisions (for example, a department) consisting of only one employee, in particular, the head of this structural subdivision.

However, by general rule and logically official duties The categories of "manager" involve the management of subordinate employees. For example, for the position of head of the personnel department, such an obligation is expressly provided for, approved. The specified document responsibilities for the management of department employees are also provided for other managers - the head of the department capital construction, the head of the equipment configuration department, the head of the quality control department, etc.

Wherein qualification guides as a general rule, are recommended documents for use. The exception is cases where the labor legislation connects the provision of compensations and benefits (early pension, additional leave) or set some restrictions. Then the names of such positions and professions should correspond to the name from the directory, and the nature of the work for the position - to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.

Based on the general case, the staffing table may provide for the position of the head of the department in the absence of other staff units in this department. At the same time, in order to avoid inconsistencies in the title of the position and, if necessary, additional motivation for an employee who solely provides one or another area of ​​the company's activities, his position can be designated as a deputy head in the corresponding direction. So, for example, instead of creating a personnel department consisting only of the head of this department, it can be recommended to introduce the position of deputy head of the organization for personnel into the staff list. *

Consider your questions:

Can a department consist of 1 person?

Labor legislation does not prohibit an employer from creating structural units (for example, a department, a section, etc.) consisting of only one employee.

At the same time, the creation of a structural unit according to the general logic implies the presence of several employees working in it, and their vertical subordination to the head of such a unit. Therefore, in order to avoid disputes with inspection bodies, create a structural unit (department) of one employee Not recommended.

IN this case, the position of one employee can be included in another department similar in functionality, or this position can be provided for in the staff list without creating a department.

The second question is whether there can be a department staff without the position of the head of the department. The department reports to a senior manager. The situation must be considered in a budgetary or autonomous institution.

The legislation does not contain a mandatory requirement to have a head of department, including for budgetary institutions. At the same time, as a general rule, and based on logic, any department assumes an employee who manages this department.

Thus, we can say that the staff of the department can be without the head of the department. At the same time, due to the fact that these employees will be subordinate to a higher manager, we recommend that this subordination be written in the job descriptions of employees.

Details in the materials of the System:

1. Situation: Can a department consist of one employee

Labor legislation does not prohibit an employer from creating structural units (for example, a department, a section, etc.) consisting of only one employee. At the same time, the creation of a structural unit according to the general logic implies the presence of several employees working in it, and their vertical subordination to the head of such a unit. Therefore, in order to avoid disputes with inspection bodies, it is not recommended to create a structural unit (department) of one employee.

For more information about the motivation of an employee who single-handedly provides one or another area of ​​the company's activities, as well as the possibility of creating a department consisting of one head of this department, see.

Situation: Can a department consist of one head of this department

Formally, the Labor Code of the Russian Federation does not prohibit the employer from creating structural units (for example, a department) consisting of only one employee, in particular, the head of this structural unit.

At the same time, as a general rule and based on logic, the job responsibilities of the “head” category involve the management of subordinate employees. For example, for the position of head of the personnel department, such an obligation is expressly provided for, approved. The specified document also provides for the duties of managing the employees of the department for other managers - the head of the capital construction department, the head of the equipment configuration department, the head of the quality control department, etc.

At the same time, qualification reference books are, as a general rule, recommended documents for use. The exception is cases where labor legislation connects the provision of compensations and benefits (early retirement, additional leave) with the performance of work in certain positions or professions or establishes any restrictions. Then the names of such positions and professions should correspond to the name from the directory, and the nature of the work for the position - to the corresponding functionality from the directory. This follows from the provisions of Part 2 of Article 57 of the Labor Code of the Russian Federation. Failure to comply with this condition will deprive the employee of the right to receive benefits and compensation.

Based on the general case, the staffing table may provide for the position of the head of the department in the absence of other staff units in this department. At the same time, in order to avoid inconsistencies in the title of the position and, if necessary, additional motivation for an employee who solely provides one or another area of ​​the company's activities, his position can be designated as a deputy head in the corresponding direction. So, for example, instead of creating a personnel department, consisting only of the head of this department, you can recommend the position of deputy head of the organization for personnel.

Nina Kovyazina
deputy director of the department wages, labor protection and social partnership Ministry of Health and Social Development of Russia

Answer: How to apply job description

Drafting a job description

The obligation to draw up is established only for government agencies(). It is impossible to fine an organization that is not a government agency for the lack of instructions ().

However, there are strong arguments in favor of writing a job description. Its presence will allow the organization:

• justify;

evenly distribute responsibilities between similar positions;

prove in court the legitimacy of the imposition disciplinary action per employee;

correctly conduct personnel certification, etc.

A job description is drawn up for each staff position.

Editor's tip: don't write named instructions, otherwise they will have to be re-approved at each frame change. If several employees hold the same positions and perform the same duties, then it is enough to draw up a single job description for all and familiarize each employee with it. If employees occupy the same positions, but perform different duties, it is better to rename the positions and name them differently.

The procedure for compiling a job description is not regulated by law, therefore, the employer independently decides how to draw it up. In practice, the job description can be framed as or how. Similar explanations are contained in.

Sections of the job description

Regardless of the method of registration, the job description, as a rule, consists of the following sections:

Chapter " General provisions»

In the "General Provisions" section, indicate:

job title in strict accordance with;

requirements for the level of education and work experience of the employee ( qualification requirements);

direct subordination (for example, an accountant reports directly to the chief accountant);

procedure for appointment and dismissal;

the presence and composition of subordinates;

replacement procedure (who replaces the employee during his absence and whom he can replace);

a list of documents that the employee must be guided by in their activities.

Nina Kovyazina
Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

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Indeed, the "service" as an organizational and structural unit assumes in its composition a certain set of employees. At the same time, the functions of each unit, the procedure for its interaction with other organizational and structural units, the distribution of duties aimed at the performance of these functions among employees, is determined by the employer himself. After all, it is rather difficult to draw up a single scheme of work for all enterprises due to the specifics of the financial and economic activities of each, the level of development of the enterprise, the production and people management system, etc. Thus, there is no single legal act in which you could read how many employees should be included in one department (service, department, etc.). Approximate structure And staffing employees have the opportunity to develop only for the same type of organizations working in the same field of activity (schools, clinics, etc.). Because some industry legislative acts nevertheless contain forms of staffing, which are recommended to be used within a particular area of ​​financial and economic activity.

So, for example, by order of the EMERCOM of Russia dated September 24, 2008 No. 563 “On the procedure for approving staffing tables for employees of budgetary and state institutions of the EMERCOM of Russia and civilian personnel rescue military formations of the Ministry of Emergency Situations of Russia ", a form of staffing was developed in the structure of the Ministry of Emergency Situations.

In that normative document we read that when developing staff lists (states) of institutions and military units, the position of head of a department is introduced with a total number of employees and civilian personnel of the unit of at least 5 units, departments and groups - at least 3 units, and the position of "leading specialist" - provided that, along with the performance of the duties inherent in this position, he supervises subordinate performers or conducts an independent work area.

In fact, it is not important how many employees are included in a particular service, but what goals the existence of a particular service serves, in what order it interacts with other departments. List all the functionality of the service based on the tasks assigned to it. Are you capable of doing this amount of work alone? Not sure? Conduct research: how long does a particular work operation take, how often does it repeat itself? Does it fit into your working day? Share your findings with management: it may have objective necessity increase the number of employees.