How to entrust an employee with additional work sample. Additional work: expansion of service areas and increase in the scope of work. Who can increase the amount of work

In accordance with the norms of labor legislation, when expanding the range of duties of an employee, in comparison with those stipulated by the employment contract, he should be paid an additional payment. Specific cases of such expansion of duties are named in Art. 151 of the Labor Code of the Russian Federation:

Combination of professions (positions);

Expansion of service areas, increase in the volume of work;

Fulfillment of the duties of a temporarily absent employee without exemption from work specified in the employment contract.

COMBINATION OF PROFESSIONS (POSITIONS)

The combination of professions (positions) should be understood as the simultaneous performance by an employee of his main work on employment contract and additional work in another profession (position) (Article 60.2 of the Labor Code of the Russian Federation).

The combination of professions (positions) must be distinguished from part-time work (Article 60.1 of the Labor Code of the Russian Federation). In case of combination, the employee performs other paid work (for the same or for another employer) on the basis of a separate employment contract.

For combining professions (positions), the employee is given additional payments, the amount of which is determined by agreement between the employee and the employer.

The combination of professions (positions) is possible only if the employee and the employer have reached an agreement on this issue. In this case, the employer can cancel the combination unilaterally.

The provisions of Art. 60.2 and 151 of the Labor Code of the Russian Federation are fully applied when combining positions of the state civil service in a state body, since the issues of combining positions of the state civil service are not regulated by the Federal Law of July 27, 2004 No. 79-ФЗ “On the State Civil Service Russian Federation"(as amended on 07/29/2017) .

The expansion of service areas, an increase in the volume of work should be understood as the simultaneous performance by an employee of his main work under an employment contract and additional work in the same profession (position) (Article 60.2 of the Labor Code of the Russian Federation). In this case, the consent of both parties to the employment contract is also required.

How to determine the amount of the surcharge?

So, the amount of additional payment for additional work is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

Since we are talking about an additional payment, and not about wages, its size does not depend on the minimum wage. At the same time, this additional payment is not taken into account when comparing the employee's salary with the minimum wage.

The payment of an additional payment for combining does not depend on whether the employer had an objective need to expand the scope of work, if this additional payment was established by his order.

If there is no agreement between the employee and the employer on the amount of additional payment for the performance of additional work, such amount may be determined by collective agreements and (or) agreements.

If there is neither an agreement between the employee and the employer on the amount of additional payment, nor the relevant norms in collective agreements and (or) agreements, nor regulations that allow determining this amount, it is considered unestablished, and no payments are made to the employee.

At the same time, the amount of the additional payment cannot be determined based on the remuneration of the employee whose position the combination is performed.

S. E. Channov,
d. y. n., Professor, Head of the Department of Service and labor law Volga Institute of Management RANEPA

The material is published in part. You can read it in full in the magazine.

Managers of enterprises often have to apply a system of combining professions in order to ensure the continuity of production. When combining professions (positions), it is necessary to take into account a number of nuances that relate to both remuneration and documentation process.

SALARY

The issue of wages is perhaps the most important for both employees and employers. The employee wants to receive the highest possible salary, the employer wants to receive a qualitative result of the work performed, subject to a reasonable level of remuneration. At the same time, the employer must comply with the basic principles and patterns of remuneration so that there are no conflicts with the workforce.

Today, wage issues are regulated by the following legislative acts of the Russian Federation:

• Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation);
• Federal Law No. 82-FZ of June 19, 2000 (as amended on June 2, 2016) “On the Minimum Wage”;
• Decree of the Government of the Russian Federation of July 22, 2008 No. 554 “On the minimum amount of wage increases for night work”;
• Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (as amended on December 10, 2016) “On the peculiarities of the procedure for calculating the average wage”;
• Federal Law No. 181-FZ dated November 24, 1995 (as amended on June 1, 2017) “On social protection disabled people in the Russian Federation”;
• Decree of the Government of the Russian Federation of October 13, 2008 No. 749 (as amended on July 29, 2015) “On the Peculiarities of Sending Employees to business trips" and etc.

According to Art. 129 of the Labor Code of the Russian Federation employee wages (wage ) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of an incentive nature, bonuses and other incentive payments).

IT IS IMPORTANT

The remuneration of each employee should be directly dependent on his personal contribution to the fulfillment of the assigned tasks.

Payments to employees who form the wage fund:

• salary ( tariff rate);
• monthly performance bonus (monthly bonus);
• additional bonuses;
• additional payments and allowances provided for by the legislation of the Russian Federation;
• additional payments for combining professions (positions); expansion of service areas; increase in the volume of work; performance of duties of a temporarily absent employee; for special working conditions; deviation from normal working conditions (work outside the normal working hours (overtime), at night, weekends and non-working holidays);
• other guarantees and compensations (when sent on business trips, performing state or public duties, combining work with education; in some cases, termination of an employment contract, as well as in other cases provided for by the Labor Code of the Russian Federation).

Within the framework of this article, we will pay special attention to payments for combining professions (positions). For this, we turn to Art. 60.2 of the Labor Code of the Russian Federation “Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without exemption from work specified in the employment contract.

COMBINATION OF PROFESSIONS (POSITIONS)

According to Art. 151 Labor Code of the Russian Federation with the written consent of the employee he may be entrusted with the performance during the working day (shift), along with the work specified in the employment contract, additional work in another or the same profession (position) for an additional fee. The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

At the same time, in order to fulfill the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee may be entrusted with additional work both in another and in the same profession (position).

The period during which the employee will perform additional work, its content and volume is established by the employer with the written consent of the employee.

COMPATIBILITY. MAIN DIFFERENCES FROM COMBINATION

The legislation establishes that the employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer in his free time from his main job ( internal combination) and (or) another employer ( external combination).

The labor of persons working part-time is regulated by Ch. 44 of the Labor Code of the Russian Federation.

In order not to confuse part-time employment with combination, you need to deal with the nuances of registration, conduct of activities, payment for the results of labor.

Registration

When combining, they draw up an additional agreement to the employment contract; when combining, the main employment contract must indicate the peculiarity of the work.

Work time

When combining duties the employee must fulfill his main job duties and the additional duties assigned to him in his work time(for example, with an 8-hour working day).

Working hours when working together should not exceed four hours a day (for example, with a maximum number of part-time hours with a 40-hour working week an employee's working day can be up to 12 hours).

On days when the employee is free from work at the main place of work job duties, he can work part-time full time (shift).

Termination of work

Combination: the employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation).

Part-time: termination of an employment contract is possible on the grounds provided for by the Labor Code of the Russian Federation (Chapter 13), as well as in accordance with Art. 288 of the Labor Code of the Russian Federation in cases where an employment contract concluded for an indefinite period with a person working part-time may be terminated in the event of hiring an employee for whom it will be the main one. The employer warns the part-time worker about this at least two weeks before the termination of the employment contract.

Salary

Wages of people working concurrently, is produced in proportion to the time worked, depending on the output or on other conditions determined by the employment contract.

When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed (Article 285 of the Labor Code of the Russian Federation).

Wages of people working when combining positions, involves the establishment of a percentage of wages for a combined position. If the employee combined positions for less than a full month (for example, due to illness), additional pay is charged in proportion to the hours worked.

DOCUMENTATION OF COMBINATION OF PROFESSIONS (POSITIONS)

Registration of combining professions (positions) by employees begins with an offer to the employee to perform additional work or from the employee's statement about the desire to perform additional work.

Combination proposal draw up in writing in a free form (a unified form is not provided for by the legislation of the Russian Federation) and sent to an employee performing official duties under an employment contract at the same enterprise.

At the bottom of the text of the proposal to perform additional work, it is possible to provide for the employee's signature on agreement or disagreement with the specified proposal. The proposal should indicate the amount of the additional payment, the full and exact name of the additional profession.

Important detail: it is not necessary to indicate the combination period, since in the future it is possible to suspend the combination at any time at the initiative of the employee or employer.

An offer to an employee to perform additional work in the order of combination can be issued as follows:

If the initiative to perform additional work comes from the employee, he has the right to file an application in a free form addressed to the head of the enterprise.

A. N. Dubonosova, Deputy Managing Director for Economics and Finance

The material is published in part. You can read it in full in the magazine.

Combination of positions in one organization - a common occurrence. In this regard, both employees and employers have a lot of questions about the procedure for registering such a mode of operation, about the features of payment and termination of the combination. We will cover the main issues of combining posts in this article.

What is an internal combination of positions?

Article 60.2 is devoted to the combination of posts Labor Code RF. According to the definition given in this legal norm, such a mode of work consists in delegating additional official duties in another or the same position for a fee.

In practice, combining job responsibilities is possible both on a permanent basis, when an employee is already being hired, is warned about combining, and temporarily, due to production needs or, for example, to replace an absent employee. The law does not establish deadlines for combining, leaving this issue at the discretion of the employer. The employer determines the scope of the combination and the content of duties. In this case, the employee is only required to agree to the combination in general and to the terms, volume and content of the combination in particular.

An important point: due to the fact that internal matching positions to perform additional duties is assigned to an employee working in the organization, that is, one who has already passed probation, a new probationary period, if it is supposed for a position of combination, is not assigned to the applicant.

The nuances of designing an internal combination of positions

Before proceeding to the issues of registration of work in the mode of combining positions, it is worth identifying the main mistake that employers often make when registering additional labor duties for an employee. This mistake consists in the substitution of the concepts of combining positions and internal part-time work. Since, in fact, internal part-time work is the performance by the worker of additional job duties within the same organization, it is important to determine the criteria by which one mode of combining labor functions can be distinguished from another.

For example:

1. Lead time. The combination involves the performance of labor functions in one work shift (i.e., simultaneously with the main employment), while internal combination requires the performance of additional labor functions after the main job (i.e., at the end of labor day or on non-work days).
2. Payment. The combination mode allows you to count on a surcharge, while with internal combination wages are calculated on the basis of the salary due to staffing for the performance of official duties of a particular staff unit, in proportion to the hours worked.
3. Registration. The combination takes place within the framework of the same labor contract with the employee, while internal part-time employment requires the execution of a separate labor contract for the candidate. Moreover, the employee is assigned another personnel number.
4. Restrictions. The legislator did not provide for restrictions on the combination of positions, while internal combination of jobs is impossible in relation to minors employed in dangerous or harmful conditions labor, civil servants, as well as employees driving vehicles.
5. Adding job responsibilities to those already available to an employee is a change in his working conditions. If, at the same time, an extended list of job functions is not agreed upon in the employment contract (it usually contains a list of job responsibilities only for the main job), an additional agreement to the employment contract between the employee and the employer is required to be signed. The additional agreement should specify not only the new labor functions of the employee, but also issues of payment for additional labor and other features of work in the mode of combining positions.
6. Despite the fact that the law requires the mandatory consent of the employee to combine, the legislative form of such approval is not provided, therefore, consent is often issued in the form of an application from the employee addressed to the employer. If an additional agreement to the employment contract is signed by both parties to the employment relationship, the very fact of concluding such an agreement can be regarded as the employee’s consent to work in a combination mode, therefore a separate document confirming this is not required.
7. On the basis of the concluded additional agreement, an order is issued for the enterprise to combine positions in relation to a certain employee. Requirements regarding the entry of a combination of professions in work book not established by law.

How to arrange an internal alignment

Additional agreement on the combination of positions

An additional agreement to an employment contract on combining positions must be drawn up in accordance with the same rules as provided for the main document. That is, the agreement is drawn up in writing, contains data identifying the employee, and is signed by both parties to the employment relationship (the employee and the head of the organization).

Don't know your rights?

In addition, the additional agreement on the combination of positions must indicate:

1. The type of additional work to which the employee is involved, with a listing of job responsibilities or a reference to the job description for the additional position.
2. Period of combined work.
3. The amount of payment for performing additional work.
4. Other essential conditions for the upcoming combination.

Order on the combination of posts

The form of the order to combine positions is not established by law, therefore, the order is drawn up in the usual form for such documents in accordance with the internal requirements of the organization.

• type and scope of additional duties;
• the position for which the combination is established;
• the period of the combination;
• combination fee.

In addition, the order must reflect the features and nuances of working in the combination mode (for example, the condition for liability employee or the right to make managerial decisions).

The employee must be familiar with the order under the signature.

Payment procedure when combining positions

Article 151 of the Labor Code of the Russian Federation tells about the features of remuneration when combining positions. At the same time, this rule does not provide any specific information, allowing the amount of additional payment to be set by agreement of the parties, taking into account the nature and volume of work performed by combining work.

In practice, the amount of payment for combining can be set both in absolute terms (in rubles) and as a percentage of the salary due according to the staffing table to the employee in the position in which the combination takes place. At the same time, there are no upper values ​​for payment, but indirectly, such a limitation can be, for example, the amount of funds planned for paying for the combination.

It is also important to remember that the combination payment is subject to income tax. individuals and insurance premiums, is included in the average earnings in all necessary cases, and is also taken into account when calculating hospital payments and benefits for pregnancy and childbirth.

Leave and vacation pay for internal combination

Despite the fact that the employee works in a combination mode, annual paid leave is provided to him at his main place of work in accordance with the approved vacation schedule. For the duration of the vacation, the employee is released from the performance of official duties both in the main and in the combined work.

Separate vacation days for the performance of work in a combined position by law is not provided. At the same time, the combination affects the calculation of vacation pay: if in the billing period used for calculating vacation pay (12 months before the vacation, in accordance with Article 139 of the Labor Code of the Russian Federation), the employee received an additional payment for combining positions, these amounts are taken into account when accruing.

Termination of internal alignment

Despite the fact that both in the supplementary agreement to the employment contract and in the order on personnel it is advisable to indicate the period during which work in the combination mode is expected, both the employee and the employer have the right to terminate the combination ahead of schedule. This provision is established by article 60.2 of the Labor Code of the Russian Federation.

At the same time, the norm of the article gives the employee an unconditional right to refuse to work on a combination, without limiting this right either by the terms of advance warning or other conditions. The right of the management of the organization to prematurely terminate the combination of positions by the employee is supplemented by the need to inform the employee about this no later than 3 days in writing. That is, it is assumed that if the combination of positions is terminated ahead of schedule by the employer, then a special document is drawn up about this - a notification, with which the employee must be familiarized with the signature.

Important: regardless of who took the initiative to stop working in the combination mode - an employee or the management of the enterprise, an additional agreement on this must be drawn up to the employment contract. The additional agreement is signed by both parties, on the basis of the agreement, the employer issues an order for early termination of work in the mode of combining positions in relation to a particular employee. It is necessary to familiarize the employee with the order, who must confirm his knowledge with a personal signature. If the combination of positions ends due to the end of the planned period established earlier in the supplementary agreement to the employment contract and the order, it is not necessary to issue an order to end the combination period.

Thus, the procedure for processing documents for work in the mode of combining positions does not present any difficulties, but requires an understanding of the difference between combining and internal part-time work.

Combining positions in one organization is a fairly common practice, especially today, when, due to the economic crisis, people are looking for all kinds of part-time jobs and quite reasonably give preference to an additional paid load at their main, proven, place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional duties to an employee can be formalized. This will be discussed in the article.

Internal combination and internal combination of positions: the difference in the design of relations

An employee of the company, who is already on the staff and performs a certain amount of work, decides to take on an additional burden that goes beyond his current service functionality. How can he do it?

In fact, in this case, independent labor relations between the company and the specialist come into force, which can be fixed in 2 forms:

• internal combination;
• combination of positions (professions).

There is a fundamental difference between these two forms that the company must understand. Namely: internal part-time work means the performance of work not related to the main one, at a time that is not occupied by the main activity of a specialist (Articles 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time work) is performed completely outside the scope of the main position held by the employee.

Example:

On the manufacturing plant GV Ivanov works as a mechanic. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same enterprise. He performs the labor functions of a cleaner after his working day as a mechanic ends, that is, from 1800 to 2100. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on the terms of internal combination in that the same firm.

Internal combination of positions assumes that the specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day, he manages to perform other functions corresponding to another position. That is, the specialist is engaged in the work of combining another position in parallel with the main work, at the same time (Articles 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but additionally during the working day (from 9:00 to 18:00) he also manages to clean the shop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within the framework of one production enterprise.

The above features also determine the difference in the design of labor relations. Namely: for internal part-time a separate employment contract must be drawn up. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

Work on combining positions: registration

If an employee wants and can work at once in 2 positions in the company at the same time, then it is preferable for him to register additional relations with the employer in the form of a combination of positions. But for this it is important that the specifics of the work allow it to be performed without being released from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such an additional burden on the employee should be formalized as an internal part-time job, and not as combining work posts.

The company can formalize the combination of positions by an additional agreement to the current employment contract of the employee, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work on combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, to receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• a company offer signed by the employee to combine positions;
• application of the employee with a request to allow the combination of positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in the time sheet? In accordance with labor law alignment work does not appear separately on the table. After all, the employee performs the combined work in parallel, at the same time at which he is busy with the main work. Therefore, in the time sheet, you need to record only the hours spent on the main work.

Order on internal combination - sample

After signing an additional agreement, the company should issue an appropriate order.

A specific unified form of such an order is Russian labor law does not contain.

At the same time, it should indicate which positions the employee will combine, for how long and for what additional payment. At the same time, as a basis for combining in the order, you must specify the details of the additional agreement drawn up with the employee.

A sample order can be found on our website:

Completion of the combination of positions

As mentioned above, if a combination of positions is organized in a company, then the period during which such a combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination terminates, i.e., the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the combined powers of the employee, or you can not do this - the combination will still be considered completed (unless the company has issued another order extending the combined powers of the employee).

In addition, the Labor Code of the Russian Federation establishes that at any time both one and the other party may terminate the combination unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, simply send the appropriate notification (if the initiator of the cancellation is a company) or an application (if the initiator is an employee) to the second party no later than 3 business days.

ATTENTION! If the company is the initiator of the termination of the combination, then it makes sense for it to acquaint the employee with the relevant notice against receipt, so that it does not later become clear that, since he did not know anything about the cancellation, he continued to work for some time, combining 2 positions, for which he requires appropriate remuneration.

Internal combination according to the Labor Code of the Russian Federation

An internal part-time job, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company at a second, additional job, but at a time that is not busy with the main activity (Articles 282, 60.1 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization at different times works in two different positions, then the maximum additional workload of the Labor Code of the Russian Federation allows to perform no more than 4 hours a day.

IMPORTANT! If the day falls when the employee is released from the main job for any reason, he can do part-time work throughout the working day.

For a month, in the aggregate, a part-time employee has the right to work no more than half of the monthly norm of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to focus on the specified limit.

For more information on how much time an employee is entitled to spend on part-time work, see the article “Part-time work - how many hours a week can you?” .

An equally important question for both internal part-time workers and their employers is how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be set in one of 3 ways:

• in proportion to the time occupied by the work;
• according to the piecework scheme;
• on other conditions stipulated in the employment contract.

On the features of the additional payment to the minimum wage for internal part-time workers, see the article "Supplement to the minimum wage for external and internal part-time workers" .

In addition to the above, companies should keep in mind that if they have someone in their staff who, in addition to their main job, also works on a part-time basis, then they are also entitled to a vacation of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with leave in the main position in time, however, vacation pay is accrued separately for the main position and separately for combined work, since the employee has 2 independent labor contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that worries, in particular, part-time women, concerns the provision of benefits for pregnancy and childbirth.

Read more about this in the article. "Maternity allowance for part-time workers" .

How to arrange an internal part-time job

As mentioned above, when working on an internal part-time basis, a separate employment contract is drawn up. At the same time, it is subject to all the requirements that apply to similar contracts with ordinary staff members(not collaborators).

ATTENTION! Employment contracts with an internal part-time job there should be exactly two: on the main job and part-time.

In particular, the employment contract must contain information about:

• companies;
• the position that the specialist undertakes to perform in addition to his main job;
• wage system;
• mode of work and rest, etc. (Article 57 of the Labor Code of the Russian Federation).

By virtue of the general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must necessarily reflect information that the employee occupies the position on the basis of internal part-time employment.

Order and application for internal combination

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time job to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on the terms of an internal part-time job, which, in particular, should indicate what kind of work he intends to take additionally the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the personnel department of the company.

As a general rule, after the employment contract is concluded, the company must issue an order fixing the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that orders for the admission of such an employee there will be two : to the main place and part-time.

At the same time, there is a unified form of such an order (No. T-1), which you can download on our website.

In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions for the work of a specialist, its nature and the mechanism of remuneration.

Results

The design of imposing an additional burden on an employee of a company can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such employment relations must be formalized in the form of a separate employment contract for work on an internal part-time basis. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as to issue an order to hire an internal part-time job. If the additional position does not imply distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company at once. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. Also, the company should receive from the employee a corresponding signed application and form an order to organize a combination of positions.

The employer has the right to entrust the employee with additional work. An additional payment is established for it, and it is required to be drawn up in accordance with regulatory enactments.

Increase in the scope of work in accordance with the Labor Code of the Russian Federation

An increase in the volume of work involves assigning work to an employee in his own specialty. It is assumed that this work is not installed by the original labor contract. The procedure is regulated by article 60.2 of the Labor Code of the Russian Federation. An additional load is assigned when the following conditions are met:

• Lack of separation from the main activity.
• Fulfillment of duties within the framework of the standard working hours (based on part 1 of article 60.2 of the Labor Code of the Russian Federation).

Article 60.2 of the Labor Code of the Russian Federation stipulates additional terms increase in the scope of work:

• Obtaining written consent from the employee.
• Carrying out activities in another or original position.
• The manager is obliged to pay extra to the employee for additional assignments.

An increase in the scope of work is introduced based on the application of the worker.

IMPORTANT! The employer needs to know what exactly is meant by the increase in the volume of work. As part of this procedure, the manager can entrust the employee with work performed within the boundaries of his position, the volume of which is more than the standard. If the worker is assigned another job, the arrangement will be slightly different. For example, with an internal part-time job, the employer needs to draw up an additional employment contract.

Rules for registration of additional work

In order to correctly issue an additional payment, you need to correctly issue an increase in the amount of work. Each stage involves the preparation of a corresponding document.

Statement on the increase in the scope of work

The application is drawn up in a standard form: “header”, title, text itself, date and signature. Let us consider in more detail the list of information that needs to be included in the document:

• The position of the head and the name of the place of work.
• Full name of the head.
• The name of the application ("on consent to the performance of work").
• Request for more responsibilities.
• The content and scope of work, the duration of their introduction.
• The amount of the surcharge.

At the end of the application should be the position of the head and his signature.

memo

Based on the application is drawn up. It goes from the head of the company to the director. Consider the information that needs to be mentioned in a memo:

• Name of the position of the head, his full name, name of the company.
• The position of the employee and his name.
• Document's name.
• A request to entrust the employee with additional work and its justification (for example, one of the employees goes on vacation).
• Request for the payment of a surcharge in the prescribed amount.
• The position of the sender of the note and his signature.

The form of a memo is also not established by law.

Order on the introduction of work and an additional agreement

After obtaining consent from the employee, an agreement should be drawn up, which is attached to the employment contract. The document contains the following information:

• The content of the work.
• period of its introduction.
• The amount of the surcharge.

Based on this agreement, an order is drawn up. It provides the following data:

• Name of the organization.
• Document name and number.
• Date of preparation.
• An order to commission additional work with reference to the relevant articles of the Labor Code of the Russian Federation (in particular, articles 60.2, 151).
• Leader's signature.

The order must be familiarized with the employee under the signature. Without this, the document will not be valid.

How to determine the amount of the surcharge?

The amount of the surcharge is determined, as a rule, on the basis of an oral agreement between the employer and the employee. Validity of the agreement between the participants labor process established by part 2 of article 151 of the Labor Code of the Russian Federation. When calculating the amount, the following factors are taken into account:

• The content and scope of new duties (Article 151 of the Labor Code of the Russian Federation).
• The qualifications of the employee, the complexity of the work, the amount of work and its conditions (Articles 129, 132 of the Labor Code of the Russian Federation).
• The obligation to introduce equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).

The surcharge can be entered either in a fixed amount or as a percentage. The law does not say anything about the exact amount (minimum / maximum) of remuneration.

How to withdraw the surcharge for the increase in the volume of work?

To remove the surcharge, you need to remove from the employee the obligation to perform the work entered. The manager needs to issue an order to stop the accrual of remuneration. Based on this document, the accounting department stops payments.

IMPORTANT! The termination of the increase in the volume of work can be carried out after the expiration of the period for their introduction. For example, an employee has additional responsibilities for the period from June 1 to June 20. On June 21, payments stop. In any case, the leader must issue an order.

The increase in the scope of work may be terminated ahead of schedule. The execution of this depends on on whose initiative the termination of the previous agreement occurred. If this is the initiative of the worker, then a statement is drawn up, if the initiative of the employer is a notification, which must be familiarized with the employee under signature. The document is sent to the interested party three days before the load is reduced. For example, if it is assumed that duties will be removed from the employee on July 23, you need to send an application on July 20.

Additional questions

Is information about the increased workload entered in the employee's work book? There is no additional information do not need to be entered. This is relevant even if the employee combined several positions at once.

Is it possible to introduce an increase in the volume of work without additional payment? This is only possible if the relevant provision is contained in the employee's job description. For example, the document may state that the employee must perform the functions of an employee going on vacation without receiving remuneration. In this case, the absence of surcharges will be completely legal. This is due to the fact that the employee will perform work within the framework of the concluded contract. The corresponding rule is in the Letter of the Ministry of Health and Social Development dated March 12, 2012 No. 22-2-8970.

IMPORTANT! If a job description does not oblige the employee to completely replace the absent employee, it is possible to establish a partial surcharge.

Employer's liability for non-payment

The employer, unless otherwise specified in the law, is obliged to pay additional payments to employees. If he does not do this, he can be held administratively liable. In particular, the employer is issued a fine in the amount of 1,000-5,000 rubles. The amount of the fine is established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

How to hold the employer accountable? You can contact labor inspection. Upon the fact of the employee's application, the company is checked. The alternative is to file a claim with the court. The second option is more preferable. When contacting the labor inspectorate, you need to understand that the check will not be carried out immediately. As a rule, it is carried out within a month. During this period, the conflict that has arisen may no longer be relevant. Moreover, it is quite difficult to detect an offense during verification.