The job description is an operational document that specifies the employee’s duties and responsibilities, the working conditions, how the work is rewarded and the performance standards.
The description of a job within the organization, its role and the professional relationships that the employee has with other employees so that they can achieve specific objectives of the work place are included in the job description.
The job description is an annex document that codifies the hiring and the remuneration of staff. The employee accepts and signs this document at the employment.
As part of the labor contract, the job description must be submitted by the employer at the request of labor inspectors.
To write a job description, the first step is to define the job – the main component that allows the activity organization and the establishing of tasks and responsibilities of an employee.
The job description must include several key elements, including:
The description contains information on the objectives, tasks, authority and responsibilities of the job. Job specific conditions may relate to education, the training, the experience requirements, physical requirements and environmental conditions.
In the job description are also included performance standards, depending on which the evaluation of the employee can be made.
The listed skills are the basic ones, mandatory and the technical and social skills.
The responsibilities and the obligations of occupational health and safety and labor conditions are mandatory elements, according to the law 319/2006, updated and the implementing rules.
Legal note (Article 13, paragraph d of Law 319/2006 updated)
In order to ensure the health and safety conditions at work and to prevent work accidents and occupational diseases, the employers are required to “establish for the workers, through the job description, their duties and responsibilities in health and safety at work, according to the exercised functions”.
The temporal elements contained in the job description are:
The job description, signed by the employee, can be modified during labor relations. After each update, the employee will have to sign it, proving he/she is aware of the new job description.
The article 17, paragraph 3, letter d) of the Labor Code provides that the employee will be informed of the position / occupation according to the Classification of Occupations in Romania or other regulations, and of the job description that specifying job duties.
In Article 39, paragraph 2, letter a) it is specified that the employee has the obligation to respect the precise job description.
Moreover, the article 40, paragraph 1 of the Labor Code stipulates, at letter b), that the employer has the right to establish responsibilities for every employee.
These articles of the Labor Code, corroborated with Article 13, paragraph d of occupational health and safety law and with the practice draws indirectly the obligation of the employer to prepare the job description as annex to the labor contract.
Territorial labor inspectorate may request, during the inspection, the employee personnel files that must include the job descriptions.
The job description is indispensable when certain actions depend on duties established in the document.
Moreover, any delegation of tasks is only based on the compatibility of duties and proper level of education.
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