Raiders Attack: Responsibility and Powers of Personnel Department
The personnel department is for organizing and procuring labour for employees. The preparation of a draft orders and decrees on personnel affairs is among one of the powers of personnel department.
Moreover, only company’s chief executive officer or any other entitled person has a right to sign such papers, including but not limited by assignment orders and orders for dismissal.
Signing orders for dismissal or assignment orders, especially concerning executive positions, is not a part of personnel department’s duties.
The chief can give a task for personnel department to prepare draft orders, as any other assignment, if he holds this post legally. If such task about preparing order for dismissal is given by the other person (not from chief executive officer) then the personnel department has to demand following documents before making a draft order:
- document, which proofs a right of this person to give orders for company’s personnel department (order, minutes of general meeting),
- official papers, which proofs a fact that such an order for dismissal has to be prepared (for e.g. minutes of general meeting).
If the personnel department is not familiarized with such documents then it has legal ground to refuse from the preparation of any draft order.
In the same way the situation can be solved when there is a necessity to countersign an order for personnel department. If the draft order is prepared or countersigned and the personnel department isn’t familiarized with such documents then the personnel department bears responsibility for committed violation of employment duties.
Attorney-at-law Andrii Nechyporenko, magazine "Pratsia i Zakon" #3 (111), 2009.
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