Assignment of additional functions to the employee. Assignment of additional duties to the employee without additional payment. Reasons for issuing the order

Early termination of temporary substitution Can an employee early refuse to perform work under temporary substitution? An employee must be notified in writing of the early termination of work in the temporary substitution mode no later than three working days in advance. If an employee wants to prematurely refuse to perform additional work, he must also notify the employer in writing three working days in advance. This procedure is provided for by part 4 of article 60.2 of the Labor Code of the Russian Federation. Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Is it possible to assign duties without surcharge: the nuances of registration

The employer has the right not to pay for additional work if the employment contract or job description of the employee stipulates the obligation to combine his position with the position of a temporarily absent employee with a similar job function. Such a combination is considered to be the performance of work under an employment contract, and no additional payment will be accrued to the employee (letter of the Ministry of Health and Social Development of Russia dated March 12, 2012 No.
No. 22-2-897, letter

Rostrud dated May 24, 2011 No. 1412-6-1). Remember the main thing Says: Larisa Gordeeva - head of the personnel department of Personnel-Group T LLC (Tomsk): - Temporary performance of additional duties without exemption from the main job is possible in three forms: combining positions (professions), increasing the amount of work (expanding zones service), as well as the performance of duties of a temporarily absent employee.

Vote:

of the Labor Code of the Russian Federation on the right of an employee to receive wages in accordance not only with his qualifications, but also with the complexity of work, the quantity and quality of work performed. The reference of the representative of the Ministry of Labor and Social Development of the Russian Federation to the fact that if the head is absent for a long time (more than 1 month), the employee replacing him is actually paid the difference in salaries, cannot be taken into account when resolving this dispute, which consists in normative control, while that the disputed provisions of the clarification themselves do not say anything about the need for such a payment in the event of a long-term replacement of the head by the employee (more than 1 month).

in a calendar year).

How can an employee be given additional responsibilities?

Attention

That is, when specifying the end date for the temporary performance of duties, indicate: "until the absent employee leaves for work." On the basis of an additional agreement, issue an order on temporary performance of duties (temporary substitution).

There is no standard form for such a document in the legislation. Therefore, compose it in any form. Personal card Is it necessary to enter information on the temporary replacement of an absent employee in the employee’s personal card?
No. 1). An example of registration of temporary performance of duties of an absent employee (temporary replacement) Accountant of the organization V.N.

Important

Suppose that the organization's staffing table provides for the following positions: - chief accountant (1 unit); - senior accountant (1 unit); - accountant (2 units); - cashier (1 unit); - head of the personnel department (1 unit .); - senior inspector for personnel (1 unit). The following options for filling positions can be fixed in the internal labor regulations. Positions of temporarily absent employees, for which replacement is allowed Acting temporarily absent employee Chief Accountant Senior Accountant Senior Accountant Accountant Accountant Senior Accountant, Accountant Cashier Accountant Head of the Human Resources Department Senior Human Resources Inspector Also, in the local regulatory act, you can also prescribe general rules for determining the amount of additional payments for performing the duties of temporarily absent workers.Step 2.

Is it possible to assign the performance of duties without additional payment

When combining positions, the employee performs additional work in another position, with temporary replacement - both in the same profession and in another. The increase in the volume of work involves working in the same position, but in a larger volume.
Ivan Uteshev, Legal Counsel of Energogarant Insurance Joint-Stock Company (Moscow): – The employer must properly arrange and pay the employee for additional work. To do this, it is necessary to obtain the written consent of the employee, draw up an additional agreement to the employment contract and issue an order in any form.
There is no need to make an entry in the work book about the temporary performance of additional duties, but this information can be entered on a personal card.
One employee can be entrusted with the performance of the duties of even several absent employees, if he has the ability to cope with this additional load during the length of the working day established for him. But first you need (Articles 60, 60.2 of the Labor Code of the Russian Federation): - obtain the consent of the employee to perform additional work - agree with the employee on its payment. We draw up documents After obtaining the consent of the employee, we do the following. Step 1.
We include in the local normative act the rules on the replacement of positions In order not to distribute the duties of an employee who has gone on vacation in a fire order, it is better to fix the options for possible replacement of positions in the local normative act of the organization (for example, in the internal labor regulations). This will also help in scheduling vacations.
Often the employer has a question about whether it is possible to assign duties to an employee without additional payment. Content

1 Imposition of additional duties on employees
2 New duties without additional payment: is it possible?
3 Temporary transfer and combination: features
4 In the case of oral agreements
5 Substitution of leaders: some features
6 Proper ordering
7 About additional responsibilities within one position
8 Combination of professions: on the introduction of conditions or their change
9 Case studies

Imposing additional duties on employees Additional duties: how to impute an employee Here it is worth referring to Article 60 of the Labor Code.
From authoritative sources Nina Zaurbekovna Kovyazina, Deputy Director of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia "The Soviet Decree on the procedure and conditions for combining positions (Subparagraph “a”, paragraph 15 of the Decree of the Council of Ministers of the USSR of 04.12.1981 N 1145 “On the procedure and conditions for combining professions (positions)” (lost force on 10.03.2009 due to the adoption of Decree of the Government of the Russian Federation of 10.03.2009 N 216) ). This ban in 2003 was recognized by the Supreme Court of the Russian Federation as contrary to the Labor Code of the Russian Federation in relation to the heads of structural divisions, departments, workshops, services and their deputies (Determination of the Supreme Court of the Russian Federation of March 25, 2003 N KAS03-90). And in 2009
There is only sensitivity, kindness and sensitivity, and also the ability to see through (s). #4 IP/Host: 145.255.26. Date of registration: 08/03/2017 Posts: 37 Re: additional amount of work without additional payment the head, head of the department is the same person and the director can assign additional duties to him, increase the amount of work - in accordance with Articles 60.2, 151 (unless otherwise specified in the Employment Contract , job description, Regulations on the department)? Is it necessary to make an additional payment to an employee who is prescribed in the Employment Contract, job description, that for the period of vacation, business trip, illness of the head, on the basis of the order of the director, performs his duties? #5 IP/Host: 10.214.28.
Two Ways to Assign Responsibilities to Additional Positions There are various reasons why an employer or employee may need to change responsibilities. For example, a position is reduced and another competent employee agrees to take on a new activity for additional pay.

Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can take calls while in the office). The Labor Code of the Russian Federation sets out 2 options for which an employee can be charged with new duties: internal combination and combination.

Choosing the first or the second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours. The characteristics and differences between these two methods are shown in the table.

Info

Based on the above reasons, the Court of Cassation considers the conclusion of the court of first instance that the disputed provisions of the normative legal act comply with the current labor legislation and that the application of these provisions in the current version does not violate the labor rights and interests of employees is erroneous, made as a result of incorrect application of substantive law. And since the normative act in its disputed part is contrary to the law and the application of this act leads to a violation of the labor rights of citizens, the application of the trade union body is subject to satisfaction.

Guided by Art. Art. 360 and 361 of the Code of Civil Procedure of the Russian Federation, the Cassation Board determined: to cancel the decision of the Supreme Court of the Russian Federation of November 1, 2002.

Is it possible to assign temporary performance of duties without additional payment?

Answer

Answer to the question:

For the performance of the duties of a temporarily absent employee to an employee (Article 151 of the Labor Code of the Russian Federation).

IMPORTANT : each case of temporary substitution must be properly executed and paid in accordance with Art. 151 of the Labor Code of the Russian Federation. The inclusion in an employment contract or job description of the obligation to replace an absent employee means only the obligation of the employee to agree to temporary replacement - the employee will not have the right to refuse temporary replacement.

According to Art. 60.2 of the Labor Code of the Russian Federation, additional work is assigned to the employee with his written consent and for an additional fee. Temporary performance of the duties of an absent employee (temporary replacement) is formalized by an additional agreement to the employment contract and an order (in any form).

According to Art. 151 of the Labor Code of the Russian Federation, the amount of the additional payment is determined by agreement of the parties to the employment contract, taking into account the content and volume of additional work.

Therefore, even if you include a condition on the performance of the duties of another employee or manager in the employee's employment contract, each time you will need to conclude an additional agreement with him and issue an order. This is necessary to determine the duration of the replacement, the amount of work and the amount of the co-payment.

These requirements do not depend on the duration of the performance of additional duties and on whether the replacement of an absent employee is part of the employee's job responsibilities. Additional work in any case must be formalized by an additional agreement and order of the employer and paid in accordance with Art. 151 of the Labor Code of the Russian Federation.

Even if the duty to replace another employee is included in the job description, each temporary replacement means an increase in the burden on the employee, which must be paid.

It should be noted that option not to pay for the performance of the duties of an absent employee, provided that the replacement is provided for by the job description, is highly controversial. On the one hand, the Letter of the Ministry of Health and Social Development of Russia dated March 12, 2012 N 22-2-897 “On additional payment when combining positions” says that in this case there is no need to pay extra, since this work is provided for by the job description. On the other hand, the Supreme Court of the Russian Federation in its Ruling of the Cassation Collegium of the Supreme Court of the Russian Federation dated March 11, 2003 No. KAS03-25 “On the recognition of partially invalid subparagraph “a” of paragraph 3 and paragraph 4 of paragraph 1 of the clarification of the USSR State Committee on Labor and Social Affairs and the Secretariat The All-Union Central Council of Trade Unions of December 29, 1965 N 30/39 ”holds the opposite point of view: according to Part 1 of Art. 151 of the Labor Code of the Russian Federation, the performance of the duties of a temporarily absent employee must be paid additionally, even if we are talking about his deputy, whose employment contract or job description provides for the obligation to replace the head.

Similar conclusions are set out in the Resolution of the Fourteenth Arbitration Court of Appeal dated August 22, 2016 No. 14AP-3792/2016, A44-658/2016 in case A44-658/2016, the Resolution of the Fourteenth Arbitration Court of Appeal dated November 16, 2016 No. 14AP-3792/2016 , A44-658 / 2016, Resolution of the Arbitration Court of the North-Western District of November 16, 2016 No. F07-9908 / 2016, A44-658 / 2016

Most likely, in the event of a labor dispute and the employee goes to court, the judge will be guided by the ruling of the Supreme Court and judicial practice. In this regard, in order to avoid conflicts with employees and litigation, it is recommended to pay extra to an employee for temporarily performing the duties of an absent employee, even if this is part of his duties according to an employment contract or job description.

If there is no condition for replacement in the employment contract or job description, then there will also be no disputes with the execution of the replacement and its payment: only additional. the agreement will determine the amount of additional work assigned to the employee and the amount of additional payment for it.

Details in the materials of the System Personnel:

Situation: How to arrange a combination of professions (positions)

Conditions for matching

Under what conditions can an employee combine professions or positions in an organization

Combination fee

How to pay for the combination

When combining professions (positions) for an employee in addition to his earnings.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

How to formalize the assignment of additional duties to an employee for an additional payment without registering a combination of positions, because there is no such position in the staff list and its introduction is not planned. Specifically, what documents should be issued?

Answer

Answer to the question:

It is impossible to do without including the necessary position (profession) in the staffing table and registering a combination.

The Labor Code of the Russian Federation clearly regulates the procedure for involving an employee in additional work. This is dedicated to Art. 60.2 of the Labor Code of the Russian Federation.

Engaging an employee to additional work is possible ONLY by agreement of the parties, if there is an appropriate position (rate or part of the rate) in the staff list and only for an additional fee (Articles 60.2, 151 of the Labor Code of the Russian Federation).

So, if the amount of additional work is small, then in the staffing table you can enter, for example, the rate or part of the rate of the cleaner and set an additional payment in the amount agreed with the employee (for example, 10% of the salary for a combined position (by agreement of the parties)).

A commercial organization is free to change the staffing table.

Please note that it is also impossible to enter into the job description actions that relate to another labor function in order not to pay for additional work (appeal ruling of the Samara Regional Court dated July 9, 2014 No. 33-6615 / 2014).

The Ministry of Labor in the Letter of the Ministry of Labor of Russia dated December 26, 2016 No. 15-2 / OOG-4698 On the application of the professional standard, as well as qualification requirements, explained that, in accordance with Article 57 of the Code, among the conditions mandatory for inclusion in an employment contract, an indication of the labor function of the employee ( work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee).
Thus, a specific labor function (a specific type of work entrusted to an employee) must be determined by the employer and employee when concluding an employment contract.
In the event that an employee is entrusted with additional work in another profession (position), which is not related to his labor function, determined by the employment contract, in our opinion, this case should be considered as a combination of professions (positions).
In accordance with Article 60.2 of the Code, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of the Code ).

The performance of additional work is carried out during the main working hours under the existing employment contract.

Performance of work within the main working hours of an employee, which is not included in his job duties, can be issued in one of two ways:

When combining professions, the employee is engaged in additional work in another position during his normal working day. At the same time, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in part 1 of article 60.2 of the Labor Code of the Russian Federation.

Under expansion of service areas and increase in the volume of work performed understand the performance, along with their main work, stipulated by the employment contract, an additional amount of work in the same profession or position(part 2 of article 60.2 of the Labor Code of the Russian Federation).

Extra order. work is drawn up for a specific position provided for in the staffing table and exclusively with the written consent of the employee and with the establishment of an additional payment by agreement of the parties (Article 60.2.151 of the Labor Code of the Russian Federation) .

Experts from the Ministry of Labor come to similar conclusions. See Letters of the Ministry of Labor of Russia dated July 20, 2016 N 14-2 / V-688 and dated December 26, 2016 N 15-2 / OOG-4698.

The same position is held by the courts.

So, for example, the Judicial Collegium for Administrative Cases of the Rostov Regional Court in the appeal ruling dated March 26, 2015 in case N 33-4792 / 2015 indicated that the performance of duties by an employee in accordance with the terms of the supplementary agreement cannot be attributed to the expansion of the service area, an increase in the volume of work, since the employer's staffing table provides for one staff unit for his position (see also the appeal ruling of the IC in civil cases of the Moscow City Court dated 07/12/2012 N 11-11218 / 2012).

In addition, the courts note that a prerequisite for an employee to perform additional work in another position is written agreement of the parties labor relations (determinations of the Voronezh Regional Court of June 10, 2014 No. 33-3117, Primorsky Regional Court of December 15, 2015 in case No. 33-11469 / 2015, etc.). Therefore, it is impossible to do without an agreement in which the conditions for combining will be prescribed.

Details in the materials of the System Personnel:

1. Answer: How to arrange a combination of professions (positions)

Conditions for matching

Under what conditions can an employee combine professions or positions in an organization

The combination of professions (positions) is characterized by the following:

 the employee must agree to the combination;

 The period during which the employee will combine other work is set by agreement of the parties. For example, before a newcomer is found for a vacant position;

 An employee must combine different positions (professions) in the same organization. Otherwise, it will already be an external part-time job;

 the employee will perform both the main and his additional work within the established working hours - as a rule, eight hours a day. Otherwise, it will be internal combination.

This is stated in articles 151 and 60.2 of the Labor Code of the Russian Federation.

Question from practice: how to formalize the performance of work that is not included in the employee's job duties

The performance of work that is not included in the employee's job duties can be issued in one of four ways:

 as a combination of professions (positions) (Article 60.2 of the Labor Code of the Russian Federation);

 as an internal part-time job (Art. 60.1 of the Labor Code of the Russian Federation);

 as an expansion of service areas or an increase in the volume of work performed (part 2 of article 60.2 of the Labor Code of the Russian Federation);

 conclusion of a civil law contract for the provision of services (performance of work).

The choice of option depends on the nature of the additional work and on the regularity with which the employee must perform it. If an employee has to do a new job for him for a certain time, then it is better to arrange an internal part-time job or a combination.

With internal part-time work, the employee performs additional work in his spare time from his main job (Article 60.1 and Part 1 of Article 282 of the Labor Code of the Russian Federation). To do this, the employer concludes a separate employment contract with the employee (Article 60.1 of the Labor Code of the Russian Federation).

When combining professions, the employee is engaged in additional work during his normal working day. At the same time, additional work is subject to payment and is possible only with the written consent of the employee. Such rules are established in part 1 of article 60.2 of the Labor Code of the Russian Federation.

Under the expansion of service areas and an increase in the volume of work performed, they understand the performance, along with their main work, due to an employment contract, of an additional amount of work in the same profession or position (part 2 of article 60.2 of the Labor Code of the Russian Federation).

At the same time, issue an order to the employee for additional work for additional payment by signing an additional agreement to the employment contract by the employee and the employer, which will determine both the content and volume, and the term of future work, as well as additional payment for its implementation (Articles 72, 151 of the Labor Code of the Russian Federation ).

On the basis of an additional agreement to the employment contract, issue an order in any form to entrust the employee with the relevant work and establish additional pay. Send a copy of the order to the accounting department for the calculation and payment of additional payments to the employee.

Information on combining professions, expanding service areas, increasing the volume of work, performing the duties of a temporarily absent employee without exemption from work determined by the employment contract does not need to be entered in the work book and personal card of the employee (part 4 of article 66 of the Labor Code of the Russian Federation, clause 4 , 10 Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, section 3 of the Instruction approved by Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69).

If the work is one-time and is not repeated for some time, while the result is important for the employer, and not the process, then it is better to conclude a civil law contract. For more information about this agreement, see How to conclude a civil contract for the performance of work (provision of services) with a citizen.

A question from practice: is it necessary to draw up an additional agreement to the employment contract each time, or is it enough to conclude it once if the employee periodically increases the amount of work

An additional agreement must be drawn up for each case of an increase in the scope of work.

An increase in the volume of work performed is understood as the performance, along with one's main job, stipulated by an employment contract, of an additional amount of work in the same profession or position (part 2 of article 60.2 of the Labor Code of the Russian Federation). At the same time, an increase in the volume of work should be distinguished from the temporary performance of duties in a different position (profession, specialty), when the employee's labor function partially (or completely) changes. It is impossible to recognize such work as an increase in the volume of work. With a temporary increase in the volume of work, the employee, due to the intensity of labor, increases the volume of output (services provided, work performed, etc.), and the intensive work itself is temporary.

To formalize the increase in the scope of work, it is necessary to conclude an additional agreement to the employment contract. Such an agreement determines not only the content, volume, amount of additional payment for the established increase, but also the period of future work (Articles 72, 151 of the Labor Code of the Russian Federation). Therefore, it is necessary to draw up an additional agreement to the employment contract every time it becomes necessary to increase the amount of work for the employee.

A question from practice: is the expansion of duties within the position held by the employee a change in the labor function

The answer to this question depends on whether the new duties are included in the scope of the previously assigned functional duties of the employee or not.

Labor function - work according to the position in accordance with the staff list, profession, specialty, indicating qualifications, or a specific type of work assigned to the employee (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation). The labor function is determined either by an employment contract or by the employee's job (production) instruction (Article 9 of the Labor Code of the Russian Federation). The legislation does not establish the degree of specification of duties and reflection of the labor function of employees. This issue is up to the employer to decide.

Therefore, if, when expanding the duties of an employee, new (extended) duties fit into the functionality that is enshrined in the employment contract (instructions), then there is no change in the labor function. If the new duties go beyond the established ones, and amendments to the employment contract (instruction) are required, then the expansion will be a change in the labor function, even if these duties increase within the same position (profession).

If the expansion of duties leads to a change in the labor function, then the employer must obtain the written consent of the employee to perform additional work, revise the official salary or establish an additional payment.

Such conclusions follow from the totality of the provisions of articles 60.2, 72, 151 of the Labor Code of the Russian Federation and are confirmed by judicial practice (see, for example, the cassation ruling of the Supreme Court of the Udmurt Republic dated February 21, 2011 No. 33-554 / 11).

Combination term

Question from practice: for what maximum period can a combination be established

The Labor Code of the Russian Federation does not establish the maximum duration of the combination period (Article 60.2 of the Labor Code of the Russian Federation). Therefore, the parties have the right to establish a combination for any period determined by them independently.

You can set the matching period:

 specific date;

 event: “before the main employee starts work”.

If the combination is established for an employee with a fixed-term employment contract, then in order to avoid a controversial situation and recognize the contract as indefinite, the combination period should not exceed the term of the employment contract itself, and it is better to immediately fix it in the combination agreement. Otherwise, the employer will have to track the deadline additionally in order to warn the employee about the termination of the combination no later than three days before the end of the fixed-term employment contract (part 1 of article 79 of the Labor Code of the Russian Federation).

Restriction on positions when combining

Can an employee combine positions of the same name

An employee cannot combine positions and professions of the same name. Combining means additional work in another profession or position. This combination differs from the temporary performance of the duties of an absent employee. In the temporary performance of duties, an employee can perform duties both in the same name and in different positions. This follows from the provisions of Part 2 of Article 60.2 of the Labor Code of the Russian Federation.

In addition, restrictions on the combination of positions are provided for the head of the organization. Namely:

 the head should not be a member of the bodies exercising the functions of control and supervision in this organization. That is, he cannot combine the duties of an auditor, auditor, etc.;

 The head cannot combine the position of the chief accountant. This restriction does not apply to small and medium-sized businesses, provided that they do not belong to credit. The head of a credit institution is prohibited from combining the position of chief accountant in all cases.

This procedure is provided for by part 2 of article 276 of the Labor Code of the Russian Federation, as well as article 7 of the Law of December 6, 2011 No. 402-FZ.

Question from practice: can an employee combine more than two positions in the same organization

Yes maybe.

There are no restrictions in labor legislation on the number of positions that the same employee can hold (Article 60.2 of the Labor Code of the Russian Federation). Therefore, employees have the right to combine more than two positions in the same organization.

The exception is cases where there is a general ban on combining positions. For example, the head of an organization cannot combine the position of chief accountant in a credit institution (part 2 of article 276 of the Labor Code of the Russian Federation, article 7 of the Law of December 6, 2011 No. 402-FZ).

Question from practice: is it possible for a part-time worker to set work in combination mode

Yes, you can.

The procedure for combining is defined in article 60.2 of the Labor Code of the Russian Federation. The legislation does not contain a ban on establishing a combination of part-time workers. Thus, a part-time worker can be set to combine in a general manner. The exception is cases where there is a general ban on combining positions.

At the same time, it should be remembered that the part-time worker will perform work in the combination mode within the time period determined by his employment contract. And the working time of a part-time worker can be no more than four hours a day and no more than half the monthly norm of working time for one month (another accounting period) (Article 284 of the Labor Code of the Russian Federation).

Making a combination for a beginner

How to set a combination for a new employee

There is no need to draw up a separate employment contract for combining with an employee.

If a combination is established for a new employee when hiring, then in the employment contract with him, reflect both the conditions for performing the main job and the conditions for performing the combination work. On the basis of the contract, issue an order for employment and indicate in it the combination of professions (positions).

Question from practice: how to reflect the condition of combining professions in an employment order

In the line "Conditions for employment, nature of work" of the order in form No. T-1, indicate: "On the terms of combining with the position (name of position)". The form of the order for employment was approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Making a combination for an already working employee

How to establish a combination of professions (positions) for an already working employee

If the combination is established for an employee already working in the organization, be sure to obtain his consent to the combination (part 1 of article 60.2 of the Labor Code of the Russian Federation). Issue the consent of the parties in the form of an additional agreement to the employment contract (part 1 of article 60.2 of the Labor Code of the Russian Federation). Specify in it:

 work (position), which the employee will perform additionally, its content and volume;

 the period during which the employee will perform additional work;

 the amount of additional payment for combining professions (positions).

Such requirements for registration of combination are provided for in part 3 of article 60.2 of the Labor Code of the Russian Federation.

Based on the concluded agreement, issue an order to combine. The standard form of the document is not provided, so make it in any form.

Entry in the workbook

Question from practice: is it necessary to enter information about the combination in the employee's work book

No, it doesn `t need.

In the work book, the employer enters information about the employee, his main job, transfers to another permanent job, dismissal, as well as information about awards (part 4 of article 66 of the Labor Code of the Russian Federation, clause 4 of the Rules approved by the Government Decree of April 16, 2003 No. 225, clause 3 of the Instruction approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

None of the documents regulating the procedure for filling out work books (the Rules approved by the Government Decree of April 16, 2003 No. 225, the Instruction approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69) does not provide for registration of combination records.

Thus, it is not necessary to make an entry about the combination in the work book.

Question from practice: what position to indicate when signing documents for an employee who works on a combination basis: main or combined

The main one, since no additional position is established for the employee when combining.

Combination means additional work in another profession or position that an employee performs along with his main job for additional pay.

The combination is formalized by an additional agreement to the employment contract. On the basis of an additional agreement, an order is issued to combine professions (positions). The employee does not have any other place of work, and a new position is not assigned to him. Therefore, on the documents signed by the employee, he should indicate his main position. At the same time, the order on combining professions (positions) will confirm the authority of the employee in the framework of the combined activity. If necessary, a link to the order can be indicated next to the signature: "on the basis of the order on combination dated 05/23/2016 No. 443".

Such conclusions follow from the totality of the provisions of articles 60.2, 72, 151 of the Labor Code of the Russian Federation.

An example of a combination of positions

Accountant of the organization V.N. Zaitseva agreed to combine her position with the position of chief accountant during the absence of the main employee. On the basis of an additional agreement to the employment contract, the head of the organization issued an order to combine positions.

Full liability agreement

Is it possible to conclude an agreement on full liability in the framework of the combination. The position that the employee will combine involves the maintenance of inventory items

If the position (profession) that the employee will combine involves direct service or the use of money, goods, and other property of the employer, then additionally conclude an agreement with the employee on full liability (Articles 241–243 of the Labor Code of the Russian Federation).

Combination fee

How to pay for the combination

When combining professions (positions), an employee is entitled to an additional payment in addition to his earnings.

Unmatching

How to unmatch

The employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule. The employee must be notified of the early termination of work in the combination mode in writing no later than three working days in advance. If an employee wants to prematurely refuse to perform additional work, he must also notify the employer about this three working days in advance by submitting a written application. This procedure is provided for in Part 4 of Article 60.2 of the Labor Code of the Russian Federation.

Regardless of who initiated the termination of additional work on the basis of a completed notice or a statement received from the employee, issue an order to cancel the combination. The standard form of the order is not provided, so make it in any form. The order will confirm that both parties are aware of the cancellation of the combination, and fix its date, as well as inform all interested parties about this change. In particular, the order will become the basis for the accounting department to stop paying for the combination.

It is possible, but not necessary, to conclude a separate additional agreement to the employment contract on the cancellation of the combination. In this case, the parties do not agree on anything. Cancellation occurs unilaterally by notification without the need to obtain the consent of the other party. A similar approach is applied in case of dismissal. An agreement to an employment contract upon dismissal is concluded by the parties only if it is necessary to prescribe special conditions for termination, for example, a special term for dismissal or payment of additional compensation. If an employee notifies of dismissal (cessation of work) in a general manner two weeks in advance and the employer does not plan to agree on special conditions, then on the basis of the application, an organizational order for dismissal is issued without drawing up any additional agreements.

A question from practice: is it necessary to issue a dismissal or transfer if you want to cancel the employee's combination

No, it doesn `t need.

In this case, there is no question of dismissal or transfer. When combined, a separate labor contract is not concluded and an entry in the employee's work book is not made (Article 60.2 of the Labor Code of the Russian Federation, section 3 of the Instruction approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69). The combination is drawn up for a certain period by agreement of the parties with the issuance of the order of the head. After this period, the employee stops working in the combined profession (position) and continues to perform only the work that is provided for by the employment contract. Both the organization and the employee have the right to cancel the combination ahead of schedule by notifying the other party in writing no later than three working days in advance. This procedure is established by article 60.2 of the Labor Code of the Russian Federation.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

Expert Systems Personnel

The labor function of an employee (position, profession, specialty, specific type of work) is necessarily stipulated in his employment contract (Article 57 of the Labor Code of the Russian Federation). If it becomes necessary to entrust the employee with the performance of additional duties, this must be formalized in accordance with the requirements of labor legislation. Let's see how this can be done.

Methods for assigning additional responsibilities

According to article 60.2 of the Labor Code of the Russian Federation, additional duties can be formalized in several ways, in which the employee will perform them during his working hours:

Combination - applies if there is an assignment of additional duties in another profession or position. For example, the temporary performance of the duties of an economist by an accountant.
Expansion of service areas - is applied if the added duties involve the performance of additional work on the position of the employee. For example, a company has two sales managers with the same job description, but one serves the trading floor number 1, and the other - the hall number 2; if, during the absence of one of the employees, his duties will be assigned to another, this will be an expansion of service areas.
Increasing the scope of work - also used when additional duties are performed in the same position. For example, an employee must complete documents for ten clients during a work shift, and if he is assigned to serve five more, then this is considered an increase in the volume of work.

Article 60.2 of the Labor Code of the Russian Federation does not contain clear rules on what type of registration should be used in a particular case. Most enterprises draw up the assignment of additional job functions to employees in the order of combination. In any case, the additional amount of work must be paid.

The above methods of imposing additional duties should be distinguished from internal part-time employment - the conclusion of another labor contract with an employee for the performance of other labor duties by him in his spare time from his main work (Article 60.1 of the Labor Code of the Russian Federation). Such an agreement can be open-ended, or concluded for a certain period, and work under it should not exceed 4 hours a day (except for days when the employee is completely free from the main work).

Making additional responsibilities

Additional work is entrusted to a person only with his consent and for additional payment.

Based on their requirements of the Labor Code of the Russian Federation and the rules of document circulation, registration of additional obligations under Art. 60.2 of the Labor Code of the Russian Federation is carried out as follows:

When offering additional duties to an employee, it is necessary to obtain written consent from him. It can be made in the form of a separate document, or confirmed by the person's personal signature on the proposal form.
To the employment contract of the person who is entrusted with additional duties, you need to make an additional agreement, in which you indicate the list of work assigned to the employee, the duration and procedure for paying for additional job functions.
An order is issued on the assignment of additional duties, in which information from the additional agreement is duplicated. The order is communicated to the employee and all interested parties. A copy of the order is sent to the accounting department for the calculation of additional remuneration.

Assignment of additional duties without the consent of the employee

It is impossible to impose additional obligations on a person without his written consent and additional payment (Article 60.2, Article 151 of the Labor Code of the Russian Federation).

A person can refuse additional duties ahead of schedule by notifying the manager three days in advance in writing. An employer can do the same.

The assignment of additional duties to the employee occurs with his consent. It must be in writing. The type of additional work and its duration is determined by the employer with the written consent of the employee. Payment is established by agreement of the parties.

In any organization, people go on vacation, on sick leave, go on business trips or for training. Therefore, it often becomes necessary to replace one specialist with another. Which method of substitution should the employer choose: combining positions, increasing the amount of work or temporary substitution? How to arrange the performance of such work and establish an additional payment for it? Is it possible to not pay for it at all?

Step 1. Decide on the method of temporary performance of duties

The Labor Code provides for three ways for an employee to perform additional work without exemption from the main one: combining positions (professions), increasing the amount of work (expanding service areas), as well as fulfilling the duties of a temporarily absent employee (Article 60.2 of the Labor Code of the Russian Federation). The above methods are united by the fact that additional duties are carried out without interruption from the main job and during the established working time (shift) (part one, article 60.2 of the Labor Code of the Russian Federation). If such work is performed outside the working day, then this will be an internal part-time job (Article 60.1, Part One, Article 282 of the Labor Code of the Russian Federation). The choice by the employer of the form of performance of additional duties depends on the nature of the work. In this case, it is necessary to take into account the features of each of the methods.

Combining positions (professions) is the performance by an employee of additional work in another position (profession) (part two of article 60.2 of the Labor Code of the Russian Federation). An employee cannot combine positions of the same name. Most often, a combination is established when a staff unit in an organization is not filled (vacant) for some reason. For example, a secretary, simultaneously with his work, can temporarily perform the labor function of a retired personnel officer on a combination basis until a new employee is hired for this position.

Attention! The employee may early refuse to perform additional work by notifying the employer in writing no later than three working days (part four of article 60.2 of the Labor Code of the Russian Federation)

An increase in the scope of work (expansion of service areas) is the performance by an employee of additional work in the same profession, but in an amount exceeding that established by the employment contract (part two of article 60.2 of the Labor Code of the Russian Federation). For example, if a cleaner, working at one rate, must clean 80 sq. m of the premises, then as part of the increase in the amount of work, she can be instructed to clean an additional 20 sq. m during its main working hours. Of course, if she is able to cope with such a volume.

The performance of the duties of a temporarily absent employee is the performance by an employee of additional work in the same profession or in another (part two of article 60.2 of the Labor Code of the Russian Federation). At the same time, it is assumed that the replaced employee continues to be registered in the organization, but for some reason is unable to fulfill his duties. In other words, temporary replacement is allowed only for occupied positions and is not allowed for vacant ones. So, an engineer can temporarily act as a supply manager while he is on sick leave.

Attention! If the position that the employee will temporarily fill involves the direct maintenance of material assets, conclude an agreement with him on full liability (Article 244 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85)

At the same time, it must be borne in mind that if an acting employee is released from his main job, then this is a temporary transfer to another job (part one, article 72.2 of the Labor Code of the Russian Federation).

Step 2. We obtain the written consent of the employee

Additional work on the terms of combining, fulfilling the duties of a temporarily absent employee or increasing the amount of work can be entrusted to an employee only with his written consent (part one, article 60.2 of the Labor Code of the Russian Federation). It can be expressed in the employee's statement or in a combination proposal (increase in the scope of work, temporary substitution).

Step 3. We conclude an additional agreement to the employment contract

After obtaining the consent of the employee, it is necessary to draw up an additional agreement to his employment contract (part three of article 60.2 of the Labor Code of the Russian Federation). It must indicate: the name of the position for which additional work will be performed, its content and volume; the amount of additional payment for combining positions (increase in the volume of work, temporary substitution); the period during which the employee will perform additional work.

If the combination of professions is due to the presence of a vacant position in the organization, then the condition for the term of work in the additional agreement can be formulated as follows: "The employee is entrusted with the performance of the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for the combined position from April 7, 2014 until the closing date vacant position."

When performing the duties of a temporarily absent employee, when it is impossible to accurately determine the moment of his return to work, in an additional agreement with a substitute employee, you can specify: "The employee is entrusted with the performance of the duties of an accountant in the order of combining positions with an additional payment of 40 percent of the salary for a combined position from April 7, 2014 until the absent employee returns to work.

Attention! If the head does not draw up and does not pay for additional work in any way, he can be held administratively liable in the form of a fine from 1000 to 5000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)

Step 4. We issue an order for the temporary performance of additional duties

Based on the agreement concluded, issue an order for the temporary performance of additional duties (sample below). The document must contain an indication of the assigned work, the deadline for its completion and the condition for payment. Familiarize the employee with the order against signature (paragraph 10, part two, article 22 of the Labor Code of the Russian Federation).

Step 5. Set the surcharge

Despite the fact that labor legislation does not establish minimum and maximum amounts of additional payment for the temporary performance of additional duties, this work must be paid to the employee. The amount of the surcharge is determined by agreement of the parties and depends on the volume and content of additional work (part two of article 151 of the Labor Code of the Russian Federation). At the same time, the employer must remember his obligation to ensure equal pay for work of equal value (paragraph 6, part two, article 22 of the Labor Code of the Russian Federation). The surcharge can be set both in a fixed amount of money, and as a percentage of the tariff rate (salary) or wages of the employee.

Remember the main thing

He speaks: Larisa Gordeeva - Head of the Human Resources Department of LLC "Personal-Group T" (Tomsk):

- Temporary performance of additional duties without exemption from the main job is possible in three forms: combining positions (professions), increasing the scope of work (expanding service areas), as well as performing the duties of a temporarily absent employee. When combining positions, the employee performs additional work in another position, with temporary replacement - both in the same profession and in another. The increase in the volume of work involves working in the same position, but in a larger volume.

Ivan Uteshev – legal adviser of the Insurance joint-stock company "Energogarant" (Moscow):

– The employer must properly arrange and pay the employee for additional work. To do this, it is necessary to obtain the written consent of the employee, draw up an additional agreement to the employment contract and issue an order in any form. There is no need to make an entry in the work book about the temporary performance of additional duties, but this information can be entered on a personal card.

Milana Dubrovskaya – Head of the practice of personnel administration and settlements with personnel of Adolex LLC (Moscow):

- An additional agreement to the employment contract must contain the following mandatory conditions: the method of imposing on the employee the obligation to perform additional work (combining or expanding the service area, increasing the volume of work), a list of assigned work. As well as the period during which the employee will fulfill it, the amount of the surcharge.

Editorial staff of the magazine "Personnel business"