Why do developers need job descriptions?
The issue of staffing documentation in small IT companies, as a rule, in last place. It is clear that when all forces are aimed at the recoupment of the product, hands do not reach it.
In addition, IT professionals simply do not have the necessary experience in the preparation of such papers and, accordingly, an understanding of the risks and benefits arising from their absence or presence.
Therefore, below we consider the two main arguments for the design of job descriptions for the programmer and other IT professionals involved in the development of software products.
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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 are created by its employees within the established work duties (clause 1, article 1295 Civil Code).
Therefore, at the moment it is not enough that the work or part of it is created:
a) an employee with whom an employment contract has been concluded;
b) during working hours;
c) on the basis of a specific service task.
It is imperative to include in the duties of such an employee the requirements for creating 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 an organization for the position of a project manager and participates, including in creating a software product, using existing programmer skills, 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 job description for a project manager. In the Unified Tariff Qualification Reference Book of Specialists (EKTs) there is no such position, in a labor contract with an employee, as a rule, general labor duties are indicated.
Therefore, the only way out is to indicate in the job description of the project manager, along with the main duties of the post, additional responsibilities for programming, developing architecture, design (depending on his skills).
Similarly, the situation with the overwhelming majority of posts held by employees of IT companies developing software. Try to find a description of the range of job duties of the producer, game designer, architect, team leader, product manager and other already established job titles if the organization does not have job descriptions for them.
Oddly enough, similar problems arise in the case of programmers and designers. In spite of the fact that such posts are described in the UTCC, the job description of the programmer and the job description of the designer should always specify the scope of their job duties in relation to specific subjects of development.
There are many programming languages and technologies used, as well as applied development objects. They differ significantly. Therefore, a Java programmer cannot be charged with developing a Delphi software application.
For more information about securing rights to official works, see our article The Truth About Your Rights to Software .
Here we note the possibility of fixing in job descriptions specific parameters and expected results of the employee’s work, requirements for his knowledge and skills.
In case of violation of the established requirements and parameters, it is possible to bring the employee to disciplinary responsibility for violation of labor duties, up to and including dismissal.
In addition, the terms of reference, as well as the requirements for the knowledge and skills of an employee for a particular position, allow for an objective assessment of his / her performance. This is a good motivational tool for young professionals.
In addition, IT professionals simply do not have the necessary experience in the preparation of such papers and, accordingly, an understanding of the risks and benefits arising from their absence or presence.
Therefore, below we consider the two main arguments for the design of job descriptions for the programmer and other IT professionals involved in the development of software products.
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Rights to service 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 are created by its employees within the established work duties (clause 1, article 1295 Civil Code).
Therefore, at the moment it is not enough that the work or part of it is created:
a) an employee with whom an employment contract has been concluded;
b) during working hours;
c) on the basis of a specific service task.
It is imperative to include in the duties of such an employee the requirements for creating 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 an organization for the position of a project manager and participates, including in creating a software product, using existing programmer skills, 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 job description for a project manager. In the Unified Tariff Qualification Reference Book of Specialists (EKTs) there is no such position, in a labor contract with an employee, as a rule, general labor duties are indicated.
Therefore, the only way out is to indicate in the job description of the project manager, along with the main duties of the post, additional responsibilities for programming, developing architecture, design (depending on his skills).
Similarly, the situation with the overwhelming majority of posts held by employees of IT companies developing software. Try to find a description of the range of job duties of the producer, game designer, architect, team leader, product manager and other already established job titles if the organization does not have job descriptions for them.
Oddly enough, similar problems arise in the case of programmers and designers. In spite of the fact that such posts are described in the UTCC, the job description of the programmer and the job description of the designer should always specify the scope of their job duties in relation to specific subjects of development.
There are many programming languages and technologies used, as well as applied development objects. They differ significantly. Therefore, a Java programmer cannot be charged with developing a Delphi software application.
For more information about securing rights to official works, see our article The Truth About Your Rights to Software .
Personnel Management
Here we note the possibility of fixing in job descriptions specific parameters and expected results of the employee’s work, requirements for his knowledge and skills.
In case of violation of the established requirements and parameters, it is possible to bring the employee to disciplinary responsibility for violation of labor duties, up to and including dismissal.
In addition, the terms of reference, as well as the requirements for the knowledge and skills of an employee for a particular position, allow for an objective assessment of his / her performance. This is a good motivational tool for young professionals.
Source: https://habr.com/ru/post/291158/
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