We draw up the combination of positions: the crib for the personnel. Supplement and combination in the new edition of the TC RF
New edition of Art. 60.2 TK RF
With the written consent of the employee, he may be entrusted with fulfillment during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional charge (Article 151 of this Code).
Additional work charged by the employee for another profession (positions) can be carried out by combining professions (posts). Additional work assigned to the employee for the same profession (positions) can be carried out by expanding the service zones, an increase in the scope of work. To fulfill the duties of a temporarily absent employee without liberation from work defined by the employment contract, an additional work may be charged both on the other and at the same profession (position).
The term during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The worker has the right to abandon the fulfillment of additional work, and the employer - ahead of schedule to cancel the instruction on its implementation, warning about it the other side in writing no later than three working days.
Commentary on Article 60.2 TK RF
Article 60.2 of the Labor Code of the Russian Federation identifies the procedure for combining professions (posts). In the same article, provisions were recorded on the possibility of expanding the service zones, an increase in the amount of work entrusted to the part-time employee, as well as the fulfillment by an employee-part-to-job responsibilities of the temporary missing employee.
Another comment to Art. 60.2 Labor Code of the Russian Federation
1. Unlike the partification (see Art. 60.1 of the Labor Code of the Russian Federation and the commentary on it; Articles ch. 44 of the Labor Code of the Russian Federation and comment on them; Art. 276 of the Labor Code of the Russian Federation and comment on it) Combining professions (posts) takes place within one The employment contract, and the work on the combined profession (positions) is carried out within and mode of working time established by the employment contract. The condition for the performance of work on two or several professions, specialties or positions is determined by the parties at the conclusion of an employment contract as a condition about the employment function assigned to the employee or subsequently. By virtue of Art. 57 of the Labor Code of the Russian Federation the condition for expanding the labor function by combining professions (posts) can be determined by an annex to an employment contract or a separate agreement of the Parties concluded in writing, which are an integral part of the employment contract. When coordinating the parties, the conditions for the combination of professions and fixes it in the established form of part can establish a period of such combination and the procedure for carrying out work on the combined profession (specialty) or position.
2. According to its legal regime, the condition for the combination of occupations (posts) is adjacent to the condition for expanding the service area or an increase in the amount of work performed. This condition is established after the parties agree on the employee's work function and may have a permanent or temporary nature (in particular, in the form of imposing the responsibilities of the temporarily absent employee without liberation from the main work defined by the employment contract).
3. Despite the fact that the condition for the combination of professions (posts) or expanding the service zone or an increase in the volume of work performed is a condition that makes up the content of the employment contract as an agreement of the parties, the legislator implies the possibility of one-sided refusal of this condition. Such a refusal is carried out in writing by warning the opposite side of the opposite side no later than three working days. An employee can express refusal to combine professions (posts) or expanding the service area or the volume of work performed in the form of an appropriate written statement, the employer - through the publication of the order (orders).
No matter how strong in the company of the Spirit of the Partnership and Mutual Affairs, almost always for a request for help a colleague, an employee formally has the right to declare: "This is not my work." It is quite another thing if the expansion of the functionality is officially executed. In the material Rabota.ru you will find step-by-step instructions for designing and warning about possible problems.
Combining posts often becomes inevitable to replace an important employee who has gone on vacation, especially to decrehensive. It may also be useful for survival in difficult times for the company, especially under the conditions of labor deficiency. How to make a combination?
Combination: Legal status
Article 60.2 of the Labor Code of the Russian Federation calls the implementation of the fulfillment during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional charge. Under this definition, in addition to alignment, there is also an expansion of the service area, an increase in the amount of work and execution of the duties of the temporarily absent employee. The difference between these phenomena is largely in the wording, which will be used in the associated documents.The wording "Combining professions" is applied to working specialties, and "combining posts" - for employees, specialists and managers.
What posts can be combined?
As a rule, the combination of posts is possible within one category of employees: workers, employees, specialists, etc. But it is rather a tradition, since the current labor legislation does not contain such a rule.Restrictions on the possibility of combining posts are imposed by other conditions. For example, a new position may not comply with the qualification of the employee, or work as a job requires additional documents (for example, medical admission).
Soccer period
The term is indicated in each document accompanying the procedure for typing. Mandatory condition is the date of commencement of additional work. If the alignment is set for a certain period, then the date of its end is indicated.Step-by-step instruction
Preparation post
If we are talking about the combination of posts as such (in contrast to expanding the service area), then the following conditions must be observed:
- position must be present in a staffing schedule;
- position must be vacant.
It is worth remembering that it is not a vacant temporarily busy position, that is, if the worker replaced its employee is on vacation, including on maternity. To order additional work on a temporarily not occupied position, the wording "Execution of the responsibilities of a temporary missing employee" is used.
2. Written consent of the employee
In accordance with Article 60.2 of the Labor Code of the Russian Federation, additional work may be entrusted to the employee only with his written consent. Such consent can be issued in two ways:
- With the filing of an employee - he writes a statement with a request to impose on it in order to combine the responsibility for the desired post (Appendix 1). As an option: in order to expand the service area or in the order of execution of the duties of the temporarily absent employee. In the latter case, along with a position, the name of the temporarily absent employee is indicated. Then the head of the organization complements his positive resolution with the instructions of the head of the personnel department to prepare draft relevant documents.
- With the filing of the manual, the report is drawn up note by the head of the department with a request to impose on an employee of the responsibility of a combined position (Appendix 2). In turn, an employee complements the report by his written consent with the signature "I agree to the combination of posts." Then the leader's resolution is superimposed.
3. Additional agreement to the employment contract
Combining affects employee's labor functions, and they are the subject of an employment contract. Consequently, combination requires a conclusion with an employee of an additional agreement to the employment contract (Appendix 3). The following parameters must be included in the Agreement:
- If the basis for the preparation of the Supplementary Agreement was the statement of the employee, it is indicated that the responsibilities are assigned to the employee at his request.
The basis for the start of work on combining is the corresponding order for personnel (Appendix 4). It is drawn up on the basis of an additional agreement in free form on the form of orders for personnel. The order must necessarily contain a number of elements:
- Type of additional work (combined position, execution of the responsibilities of a temporarily absent employee or service area).
- The position in which combination is established (if additional work is entrusted exactly in order of compatibility).
- Term of complementary work.
- The maintenance of additional work, that is, additional labor functions.
- Pre-agreed fee for additional work.
- Special conditions (if required).
Payment of Additional Work
Article 60.2 of the Labor Code of the Russian Federation emphasizes that the work on combination is paid additionally. The amount of additional payment, in accordance with Article 151 of the Labor Code of the Russian Federation, is established by the Agreement of the Parties. The surcharge is charged in accordance with the actual time spent time, that is, if an employee combined posts not a full month, then additional payment is charged only for the period of combination. By the way, the claims for the recovery of compensation for the combination of posts account for a considerable percentage of labor disputes.ARBITRAGE PRACTICE:
"B. V. A. appealed to the court with a lawsuit against limited liability [data taken] on the recovery of surcharge for the combination of posts, recognizing the dismissal of illegal and compensation for moral damage.
The plaintiff worked in the company as a manager. Along with the work defined by the labor contract, the defendant was instructed by additional work for another profession - cashier-operating officer. In total, in November-December 2011, the plaintiff worked on the terms of combination of 13 days. She was supposed to surcharge in the amount of 3,900 rubles, but the indicated cash with the defendant was not paid to her. Moreover, under the pressure of the leadership, she was forced to write an application for dismissal at his own request.
The court did not satisfy the demands of the plaintiff in terms of the recognition of dismissal illegal: any evidence that this statement was written by it under pressure and for the coercion of the defendant's leadership, it did not provide. In confirmation of the fact of work on the terms of the settlement of posts, the plaintiffs were presented by the work schedules of orders for orders for November and December 2011, where, according to the explications of the plaintiff, the time of work on the conditions for combining the positions of the manager and the cashier-operationalist is marked with the conditional designation "NK". Also, the plaintiff submitted a court written evidence, including an additional agreement to the employment contract. The court found the demands of the plaintiff for recovery from the defendant surcharges for work on the conditions of combining posts to be satisfied. "
The decision of the Tagansky District Court of Moscow dated July 17, 2012 in case number 2-1309 / 12
Examples of judicial practice are provided by the portal debros.
Payment can be established both in absolute and relative units. For example - 6 000 rubles. per month or 40% of the salary of the employee in accordance with the staffing schedule.
In accordance with Article 129 of the Labor Code of the Russian Federation, additional pay for the combination of posts is wages. It means that compensatory surcharges are applied. For example, for work in the regions of the Far North (Article 315-317 of the Labor Code of the Russian Federation) or for the work of the Watchtime method (article 302 of the Labor Code of the Russian Federation). The need to accruize coefficients to pay extra charge is confirmed by judicial practice.
ARBITRAGE PRACTICE:
"B. N. A. appealed to the court with a claim for his employer to recover the surcharge for the combination of position. In the rationale of the stated claims, the plaintiff indicated that from 12/07/2009 he has been working in the company of the respondent as [data seized]. From 01.03.2011, additional charges were entrusted with her consent [data seized] with the establishment of an additional payment in the amount of 4100 rubles. The specified compensation surcharge in accordance with Article 129 of the Labor Code of the Russian Federation is a wage for which, according to the order of the Ministry of Defense of the Russian Federation of 10.11.2008 No. 555 is subject to accrual of interest allowance for work in the areas of the Far North and the district coefficient.
The defendant argued that specific amounts of surcharges were specified in the orders, the use of surcharge to work in the regions of the Far North and the district coefficient was not provided.
The court recalled that the wage of the employee for combining, taking into account the provisions of the current legislation, articles 60.2 and 151 of the Labor Code of the Russian Federation, is the obligation of the employer by virtue of the direct indication of the law about it. Also, in accordance with Art. 315,316 and 317 of the Labor Code of the Russian Federation, labor payment in the regions of the Far North and region equivalent to them is carried out using district coefficients and interest rates for wages. The amounts of these expenses relate to labor costs in full.
Based on this, the court satisfied the claimant's requirements in full. "
ST 60.2 TK RF.
With the written consent of the employee, he may be entrusted with the implementation during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional charge ().
Additional work charged by the employee for another profession (positions) can be carried out by combining professions (posts). Additional work assigned to the employee for the same profession (positions) can be carried out by expanding the service zones, an increase in the scope of work. To fulfill the duties of a temporarily absent employee without liberation from work defined by the employment contract, an additional work may be charged both on the other and at the same profession (position).
The term during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The worker has the right to abandon the fulfillment of additional work, and the employer - ahead of schedule to cancel the instruction on its implementation, warning about it the other side in writing no later than three working days.
Comment to Art. 60.2 Labor Code of the Russian Federation
1. Unlike the partification (see Art. 60.1 of the Labor Code of the Russian Federation and the comment on it) the combination of professions (posts) takes place in the framework of one employment contract, and the work on the combined profession (positions) is carried out within the limits and time of working time established by the employment contract. The condition for the performance of work on two or several professions, specialties or positions is determined by the parties at the conclusion of an employment contract as a condition about the employment function assigned to the employee or subsequently.
What is the combination of professions? This is a fulfillment by an employee of duties for another specialty for a specific fee at its working time. As a rule, the combination of posts is possible only if the employee does not mind this. After that, the head issues an additional agreement to a service agreement.
What means
The fulfillment by an employee of the work not provided for by the employment contract, on another regular unit for an additional charge for the service time is the combination of occupations. For example, a person works at the construction of a forelook, in addition, it transports cement on the dump truck and tools to carry out work. All this he does in his working time. This means that a person combines two professions at once: Prorab on a construction site and driver.
In order for the organization's employee to perform duties for another specialty, it is necessary to solve this issue in writing. As a rule, the proposal for combining two professions always comes from the head. If an employee agrees to such working conditions with additional payment, the personnel specialist prepares the appropriate order and an additional agreement to the employment contract.
According to law
The fulfillment by an employee of the organization of other work at its official time for a specific fee is the combination of professions. The TC provides its legislative regulation in articles:
Art. 60 - involves the possibility of instructions to an employee of additional work on the same or that specialty;
Art. 151 reads payment for compatibility;
Art. 60.2 contains the rules on the basis of which employees fulfill duties for another post at their official time;
Art. 149 states that combination is different from the normal working conditions and therefore is subject to additional payment.
Other cases
Combining professions involves the execution by an employee of the organization of official duties for another specialty. For this, it is established a certain surcharge, the amount of which is determined by the head and citizen independently. All conditions of compatibility are prescribed in an agreement attached to an agreement on official activity.
Nevertheless, labor legislation provides other cases of execution by an employee of the organization of additional work for a certain payment. These include:
Increasing the volume of work (in this case, there is no clear distinction of additional duties, just an employee for a certain cash reward makes the greatest load, for example, instead of one report makes two, prepares three accounting statements);
Expansion of the service area - the imposition on a person of additional duties with a clear division of borders (the security should protect not only one warehouse, but another, who is nearby);
Performance of the duties of the missing subordinate - perhaps during the period of illness, leave, traveling of the latter, while the other employee performs its functions and its work, while obtaining the corresponding money remuneration.
How to calculate
Labor legislation does not establish certain rules for payment for the combination of professions. Therefore, the amount of money remuneration for the implementation of additional work by the employee at its official time is determined by the coordination of the head with his subordinate.
The calculation for the combination of professions, posts are usually established as follows:
In the form of a certain amount of money;
As a percentage of the salary of the employee or its rates;
From the amount of manufactured products.
For example, an employee works in organizing a lawyer. After the secretary of the leader quit, she was offered to combine two posts. The employee did not object to the temporary execution of the secretary's responsibilities at their working time. Thus, she wrote to the head of the head a statement for the combination of professions (posts). After that, personnel specialist wrote an order and an additional agreement to the employee's employment contract. Thus, the woman began to fulfill the duties of the head of the head at their official time for a certain monetary remuneration.
In most cases, additional work carried out at one time with the main one is paid in the percentage ratio. This is most profitable for an employee.
In addition, the surcharge for combining professions is made in proportion to the spent time. Therefore, if a person performed the responsibilities of another employee, only half of the month, accordingly, accordingly, he will receive a monetary reward only for the specified period of time.
It should also be noted that the surcharge of professions is established by agreement between the employee and the boss.
Registration
In order for the head to be able to assign additional work on the subordinate, the latter must give its consent to this. As a rule, it is issued in writing. The application must be written as follows:
Leader ________________ (Company Name)
from subordinate ___________________ (personal data)
position __________________ (specify)
Statement
On the combination of posts _________________ (write what exactly) with ___ (date) agrees.
Date ______________
Signature of the employee ____________________
After drawing up this document, the head must prepare the appropriate agreement to the Agreement on Labor Activity and publish an order. Registration of the combination of professions is always made only in writing. In addition, a certain surcharge is established for this. The procedure for combining professions should be followed by the head of the organization. Therefore, after writing a statement by an employee, the boss must prepare an additional agreement to the Agreement. This document is drawn up as follows:
Additional agreement to the employment contract _____ from (specifying the date of detention)
Number ______ city __________
_____________ (organization name) represented by the head ___________, existing on the basis of (specifying a document) and an employee of the enterprise __________ (data), concluded an agreement on the following:
1. Make changes to the employment contract No. ___ from (specifying a date), namely to supplement item:
The employee is entrusted to fulfill additional work in position ____. The obligations of the subordinate will be carried out at its official time. For the fulfillment of additional work, the latter will receive 100% payment. Combining professions is assigned to an employee ________ C (specify the date).
Signatures of the parties:
Worker ________________
Leader of the enterprise _______________
This document must be made in two copies. One is transferred to the employee, and the other remains at the head, and then transmitted to the personnel department and is fed into a personal matter.
The following actions
The procedure for combining professions, posts implies compliance with all the formalities necessary in order to prevent violations of labor legislation and employee rights. After the employee has written an application for an agreement on additional work, the company's head of the enterprise must conclude a relevant agreement with him and attach it to the main workshop. And also need to be ordered. The last document is issued in such a way as indicated below.
Date ________ city _______________
"On the combination of professions"
In connection with the instructions of the employee ____________ execution of additional work as ___________, starting with (specify the number)
Order:
Set the subordinate _________ to surcharge in the amount of _________ (as a percentage of salary or solid monetary remuneration).
Control over the implementation of this order is reserved.
Head of the enterprise ______________ (signature and decoding)
Employee _____________ (personal painting).
Important
As a rule, the imposition of additional responsibilities for an employee who carries out activities in this organization, but in another position, perhaps only with his written consent. Therefore, if subordinate against the combination of occupations, the head does not have the right to force the latter to work forcibly. This will be a violation of the law.
In addition, an employee can always abandon the combination of several professions. In turn, the leader may ahead of schedule to cancel his order, warning his subordinate over three days.
What is the difference
Very often, many citizens confuse the combination of professions with part-time and on the contrary. So, here you need to see a clear distinction between two concepts.
One part-time understand the execution by an employee of duties in another position in its free time. Duration can not be more than four hours a day. In turn, the fulfillment of additional duties in official time is the combination of professions (posts). The TK RF provides for a certain payment of labor in this case.
Therefore, these two concepts are completely different. Because the whole point of combining professions is that additional work should be carried out by an employee in his service time. In addition, for this subordinate receives a certain monetary remuneration.
While work part-time involves the exercise by a citizen of official duties on the same either in another enterprise in its free time. At the same time, a person contract is concluded with a person, and not an agreement.
general characteristics
Many citizens are asked about what includes the concept of "combining professions". Indeed, in most organizations, employees and so fulfill the responsibilities not only their own, but also other workers, but no payment for this is not received. The thing is that citizens do not always read their employment contract before signing it. Therefore, it turns out that the work that, in theory, must fulfill another employee, makes the same, but the payment does not receive. For example, a lawyer performs his duties and personnel specialists.
Combining professions is always drawn up only in writing. Before that, the employee writes its consent to the implementation of additional responsibilities at its official time. Without this application, the head will not be able to attract it to the fulfillment of work not provided for by the employment contract. Then, you need to decide on a surcharge for the combination of professions. The TK RF provides for the opportunity for the head and subordinate to decide on it alone. After that, an agreement is signed to the employment contract and an order is published.
What is required
The execution of an employee with his consent of the additional work for a certain monetary reward for the service time is the combination of professions. The Russian Federation, as a legal state, has its legislation, which enshrines the regulatory regulation of such activities in the Code of Labor Relations.
Combination is most often very beneficial for both the subordinate and for his leader. After all, the employee has a good opportunity to get a small increase to the salary, without being distracted by the main work, and the boss does not need to look for a person from the part to bring to the exercise of work.
Thus, in our country there is a large quocal of citizens. After all, it's not so easy to find an extra good job. In addition, it will be necessary to make a lot of effort and spend over time, and a person's employee is not so much.
In what cases can be left without surcharge
In practice, this is often happening. Because the employee does not require written paperwork, which would be confirmed by the fact that it performs additional work.
In addition, an additional responsibilities should be approved for his agreement with additional duties. This rule is enshrined in Art. 60.2 TK RF. Combining professions, posts always require additional wages. Nevertheless, many executives of organizations enjoy the legal illiteracy of their employees and do not conclude any additional agreements. And also do not pay for the execution of more work.
Therefore, if a person who is responsible for another employee at his official time, does not want to remain without wages, he must ensure that the boss makes the properly formed all the documents and gave him an agreement to the employment contract.
The specified document must be spelled out:
Date of conclusion;
The amount of charged work, the duties that must be implemented;
Surcharge for combination;
Stand the signature of the head and print organization.
Period
As a rule, the head of the Organization seeks the staff to be fully equipped and often looking for new employees. Therefore, the fulfillment of additional duties assigned to the employee may be temporary. In addition, not every person can cope with a large amount of work in eight hours. Therefore, when placing an additional duties, the boss in the agreement attached to the main agreement prescribes the period of its action.
It is also necessary to know that the vacancy for which combination is made is not considered busy and must be offered to another person with a reduction or employment to the enterprise.
Practice
A citizen was notified by the head that his position would be reduced in two months. At the same time, the head did not offer him the available vacancies, referring to the fact that there are no free places in the organization. Although it did not correspond to reality. One of the employees worked at the enterprise the cleaner and at the same time combined it with the functions of the wardrobe. In addition, a new employee was admitted to the post of electrician. As it was possible, when the enterprise takes measures to reduce, the boss did not explain.
The man was forced to apply to the judicial authority. From the case file it follows that a citizen has been warned about reducing the position in the period established by law. But at the enterprise Vankan region, he was not proposed for an indefinite reason. At the same time, the cleaner carries out the combination of professions (performed the duties of the dressing room) at its official time for a certain payment. In addition, the organization adopted another employee to the post of electrician.
The court acknowledged the actions of the head illegal, and also explained that the combination of occupations by the same employee does not imply the fact that the specified vacancy is busy. After all, the performance of additional work for a specific fee is assigned to an employee for a certain time. Moreover, combination should be discontinued during measures to reduce the staff of employees. This condition was not taken into account. Reception of new employees at the specified period is also prohibited.
Thus, the man was offered all available vacancies in the enterprise. And the head received an administrative penalty.
Need to remember
Supplement for combination will not be established if the employee performs the duties prescribed in its service agreement. And also if the head did not conclude a written agreement with the subordinate.
With the written consent of the employee, he may be entrusted with fulfillment during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (position) for an additional charge (Article 151 of this Code).
Additional work charged by the employee for another profession (positions) can be carried out by combining professions (posts). Additional work assigned to the employee for the same profession (positions) can be carried out by expanding the service zones, an increase in the scope of work. To fulfill the duties of a temporarily absent employee without liberation from work defined by the employment contract, an additional work may be charged both on the other and at the same profession (position).
The term during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The worker has the right to abandon the fulfillment of additional work, and the employer - ahead of schedule to cancel the instruction on its implementation, warning about it the other side in writing no later than three working days.
Commentary on Article 60.2 of the Labor Code of the Russian Federation
1. Combining professions (posts) is the implementation during the established duration of the working day (shift) along with the work defined by the employment contract, additional work on another or the same profession (posts) for an additional charge (Article 151 of the TC).
2. Additional work on the same profession can be carried out by expanding the service zones, increasing the scope of work. Additional work for another profession can be carried out by combining professions.
3. Combining professions (posts) It is advisable to execute in the form of an agreement that is an annex to the employment contract. In this agreement, it is necessary to include the following conditions: a labor function (position, profession, specialty, qualification, a specific type of charged work, which will be carried out by the employee), the timing of combination.
4. The parties to the employment contract are eligible to unilaterally or by agreement of the parties to stop alignment.
5. The amount of surcharge for the combination of professions (posts) is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Art. 151 of the TC).