Why do developers need job descriptions?
- Tutorial
The issue of personnel documentation in small IT companies is usually in last place. It is clear that when all efforts are aimed at the payback of the product, hands do not reach this.
In addition, IT professionals simply do not have the necessary experience in preparing such papers and, accordingly, understanding what risks and advantages arise when they are absent or available.
Therefore, below we will consider two main arguments for designing a job description for a programmer and other IT professionals involved in the development of software products.
According to the law, the rights to official works, including software, as well as related materials and developments (architecture, design, documentation), belong to the company only if such works were created by its employees within the limits of the established labor duties (clause 1 of article 1215 Civil Code of the Russian Federation).
Therefore, at the moment it is not enough that the work or part of it is created:
a) by the employee with whom the labor contract is concluded;
b) during working hours;
c) based on a specific job assignment.
Be sure to include in the duties of such an employee the requirements for the creation of such products. Otherwise, the rights to the result of the work are retained by their author in full.
For example, if an employee (author) is accepted into the organization as a project manager and participates, including in the creation of a software product using the existing skills of a programmer, by default the rights to a piece of code written by such an employee will not be transferred to the employer.
The reason is that the legislation does not contain a description of the job responsibilities of the project manager. There is no such position in the Unified Tariff and Qualification Handbook of Specialists (ETKS), as a rule, general labor duties are indicated in an employment contract with an employee.
Therefore, the only way out is to indicate the project manager in the job descriptionalong with the main responsibilities of the post additional responsibilities in programming, architecture, design (depending on his skills).
The situation is similar with the vast majority of posts held by employees of IT companies developing software. Try to find a description of the job responsibilities of the producer, game designer, architect, team leader, product manager, and other well-established job titles if the organization does not have job descriptions for them.
Oddly enough, similar problems arise in the case of the work of programmers and designers. Despite the fact that such positions are described in ETKS, the job description of the programmer and the job description of the designeralways must specify the scope of their job responsibilities in relation to specific subjects of development.
There are many programming languages and technologies used, as well as application development objects. They are significantly different. Therefore, a Java programmer cannot be obligated to develop a software application in Delphi.
For more information on securing rights to official works, see our article The Truth About Your Rights to Software .
Here we note the possibility of fixing specific parameters and expected results of the employee’s work, requirements for his knowledge and skills in job descriptions.
In case of violation of the established requirements and parameters, it is possible to bring the employee to disciplinary liability for violation of labor duties up to dismissal.
In addition, the range of duties, as well as the requirements for the knowledge and skills of an employee in a certain position allow him to objectively conduct certification. This is a good motivational tool for young professionals.
In addition, IT professionals simply do not have the necessary experience in preparing such papers and, accordingly, understanding what risks and advantages arise when they are absent or available.
Therefore, below we will consider two main arguments for designing a job description for a programmer and other IT professionals involved in the development of software products.
Rights to official works
According to the law, the rights to official works, including software, as well as related materials and developments (architecture, design, documentation), belong to the company only if such works were created by its employees within the limits of the established labor duties (clause 1 of article 1215 Civil Code of the Russian Federation).
Therefore, at the moment it is not enough that the work or part of it is created:
a) by the employee with whom the labor contract is concluded;
b) during working hours;
c) based on a specific job assignment.
Be sure to include in the duties of such an employee the requirements for the creation of such products. Otherwise, the rights to the result of the work are retained by their author in full.
For example, if an employee (author) is accepted into the organization as a project manager and participates, including in the creation of a software product using the existing skills of a programmer, by default the rights to a piece of code written by such an employee will not be transferred to the employer.
The reason is that the legislation does not contain a description of the job responsibilities of the project manager. There is no such position in the Unified Tariff and Qualification Handbook of Specialists (ETKS), as a rule, general labor duties are indicated in an employment contract with an employee.
Therefore, the only way out is to indicate the project manager in the job descriptionalong with the main responsibilities of the post additional responsibilities in programming, architecture, design (depending on his skills).
The situation is similar with the vast majority of posts held by employees of IT companies developing software. Try to find a description of the job responsibilities of the producer, game designer, architect, team leader, product manager, and other well-established job titles if the organization does not have job descriptions for them.
Oddly enough, similar problems arise in the case of the work of programmers and designers. Despite the fact that such positions are described in ETKS, the job description of the programmer and the job description of the designeralways must specify the scope of their job responsibilities in relation to specific subjects of development.
There are many programming languages and technologies used, as well as application development objects. They are significantly different. Therefore, a Java programmer cannot be obligated to develop a software application in Delphi.
For more information on securing rights to official works, see our article The Truth About Your Rights to Software .
Personnel Management
Here we note the possibility of fixing specific parameters and expected results of the employee’s work, requirements for his knowledge and skills in job descriptions.
In case of violation of the established requirements and parameters, it is possible to bring the employee to disciplinary liability for violation of labor duties up to dismissal.
In addition, the range of duties, as well as the requirements for the knowledge and skills of an employee in a certain position allow him to objectively conduct certification. This is a good motivational tool for young professionals.
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