Combination and Compact: Difference. Part-time employment contract

The optimal distribution of labor resources and increase their effectiveness is one of the most relevant directions in working with personnel. Very often in practice use internal combination.

What is internal combination?

Legislation allows you to implement your abilities, professional knowledge, skills, skills at several enterprises by concluding an urgent, indefinite employment contract if it won't violate the law, the points of the collective agreement or the agreement of the parties. Commonwealth call the execution by an employee of an additional and regularly paid work in free from the main activity time. If this happens in the same organization, combined inner. Often, the superior is easier to shift some responsibilities on a proven and experienced employee than to look for someone new.

In the presence of an agreement between the employer and the latter, the latter has the right to arrange several employment contracts regardless of the nature of the work. By law, its duration part-time, including internal, can not exceed 4 hours a day and full working day at the weekend. It is worth remembering that civil servants have a break between the main work and the implementation of the additional may not be less than 1 hour. Duration of work on part-time in private entrepreneurs is not regulated by legislative acts, but it should not exceed the normal volume of working time, that is, 40 hours a week.

The employee receives payment for the actual work done, that is, proportionally spent time. It has the right to an annual paid leave in full (it is provided simultaneously with the release by the main position), compensation in case of non-use. Labor clock is fixed in the accounting table of working time organization. Persons working on external, internal part-time pay insurance premiums in full, have the right to all the payments provided for by the law, for example, in the case of temporary disability, child birth, etc. The dismissal of such workers on the initiative of the employer and without the consent of the trade union organization is possible only in some cases. ? Most often, the reason for the systematic violation of labor discipline, non-fulfillment of labor duties, dismissal due to the reduction of the state. If everything happens peacefully and in the collective labor contract provides for payment of compensation, the employee is relying. Its size almost for all categories of workers determines the employer, it reaches 3-15 working salaries.

It is worth focusing on the difference between the concepts of compatibility and alignment. The last format of the work provides for the implementation of additional functions during working hours, without separation from the main responsibilities, but in the case of internal combination, they are implemented in their free time:

	Compatible	Combination
The principle of registration of labor relations	Conclusion of a separate employment contract, publishing an order for employment	Signing an order of combination
Determining work time	Responsibilities are fulfilled after the end of working time by the main position.	Work performed during working hours (parallel with the main duties)
Distribution of wages	Payment of a full wage is proportional to the work performed or work hour	The employee receives an extra charge to the amount of salary for the main work.
Termination of labor relations	Dismissal procedure with the design of the appropriate order	The order of dismissal is not used. Instead, make an order to cancel the alignment and removal of surcharge

A worthy alternative to official work is a private business. Therefore, to succeed in this, will be told in employment centers, special organizations for supporting small business, a lot of useful can be found in special literature, periodicals.

note: The head of the enterprise can work part-time in another organization only with the permission of the authorized body of the enterprise or the owner of its property (Art. 276 of the Labor Code of the Russian Federation).

How to make an internal combination?

When making internal part-time work, the personnel department requires a standard packet of papers. in such a format? It:

• application from the employee (will also be told in the personnel department, you can also find sites with samples);
• passport, copy of TIN;
• insurance certificate of state pension insurance;
• sometimes education document, driver's license, medical book.

Labor book for paperwork is not needed, but it should make an entry on admission to work on part-time. After collecting the necessary information with the employee, the employment contract concludes an employment contract (it is necessary to indicate the fact of internal or external partnership and the execution of labor functions as a position that is not the basis), introduce local regulatory acts, draw up an order for admission to work on internal part-time Mandatory specificization of the mode of work and remuneration. On the internal documents of the enterprise, accounting, personnel programs, the part-center will have 2 different tablet numbers.

What must necessarily contain such an employment contract?

1. General information and mandatory conditions (name, patronymic, family name, place of work, date of its start, conditions, labor regime and its payment, timetable timetable). A clear designation of these positions is required due to the fact that these part-time working conditions differ from the standard rules.
2. An indication of the fact that the work performed is part-time.

According to the law (Art. 136 of the Labor Code of the Russian Federation), the employer must issue employees each month, including part-book, supervisors, temporary workers, where composite parts of the salary for the corresponding period will be painted. This is not the right, but the obligation of the employer.

Council: It must be remembered that if the part-time performs work in special conditions, his work should be paid in an increased amount. The work of partners operating in the regions where district coefficients and payouts for wages are installed, due to this, it is also assessed above than usual.

In some cases, registration of part-time work is impossible. This prohibition concerns minors, organizations with hazardous working conditions (if both positions provide such a work time), situations provided for by federal laws.

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Compactation is a common phenomenon in modern personnel practice, which allows you to optimize the work of the enterprise, reduce costs. The algorithm for the procedure for registration of internal part-time in almost everything is similar to the standard (with the exception of some nuances). In order to avoid claims from an employee, in addition to the correct paperwork, you need to familiarize in advance with the working conditions, payment, and in local regulations, it is clearly prescribed by the rules of interaction at all stages of labor relations.

In contact with

If the company has the need to attract the current employee to fulfill additional functionality, a successful option may be to design internal combination of posts. Depending on the specifics of the company's work or the employee duties performed, the internal combination may be more convenient than internal combination or filling out an additional regular unit. To do this, it is necessary to understand what its significant difference is and what kind of method this method has advantages.

Interior alignment and internal combination

With internal combination, the employee is entrusted with the additional functionality, which it performs during its working time. For example, if the employee works according to standard graphics from 9 to 18 hours, during which time it performs both its main work on the employment contract and the internal combination functions.

At the same time, combination can be made only in a different position or profession (Art. 60.2 of the Labor Code of the Russian Federation). If we are talking about the same profession or position, additional work can be charged by expanding the service zones or increase the scope of work.

With internal part-time, it is necessary to conclude a second employment contract, and work on such a contract must be carried out in the free time from the main work (Article 60.1 of the Labor Code of the Russian Federation). In other words, the employee works from 9 to 18 hours by the main contract and from 18 to 20 - on internal part-time.

In the employment record, the compatibility record is not made, and the part-time is made at the request of the most part.

Internal compatibility: how to issue

First of all, it is necessary to obtain the written consent of the employee to increase its functional. The official form of obtaining agreement in legislation is not provided for, and the company can independently develop an appropriate form and approve it with an order or foreseen in a local regulatory act.

In practice, three ways are used:

• signed an agreement of the parties on the combination of posts;
• the employee is invited to deliver the resolution "I agree" on the written sentence of the employer;
• the employee himself writes a statement in free form, comprising consent to the combination of posts.

You can choose any of the three specified options, the law does not prohibit this.

The next step is to design a written document that establishes the term of the alleged alignment, as well as the content, the amount of work and the amount of compensation (surcharge). This is the requirement of the Labor Code of the Russian Federation (Part 3 of Art. 60.2, Part 2 of Art. 151 of the Labor Code of the Russian Federation). The official form of such a document does not provide for the legislation, as well as does not oblige the additional agreement on the employment contract. As in the case of the form of obtaining the consent of the employee discussed above, the company has the right to develop an appropriate form and approve it with an order or provide in a local regulatory act. The only recommendation is to compile this document in two copies so that one remains from the employee, and the other was kept in the company's personnel department.

Order on internal compatibility. Sample

Finally, the final stage of designing posts is the publication of the appropriate order.

Like other documents discussed above, the order is compiled in free form, the unified form does not exist.

In the order, it is necessary to duplicate all the conditions agreed by the parties: the type of charged work and its content, the term for which combined, as well as the size of the agreed fee for performing additional work.

The order is issued on the basis of the signed agreement of the parties to perform additional work.

With the order, the employee must be familiar with the painting.

Internal combination of posts and workbook

Existing regulations that provide for the procedure for filling and maintaining labor books, do not allow the possibility of entering an entry record in the labor record. You do not need to enter such an entry into the labor book.

Registration of the termination of the settlement of posts

Legislation does not regulate the issue of documenting the termination of the internal combination of posts. Regardless of this fact, in practice it is necessary to publish an order to terminate additional work. Based on this document, the company's accounting will be able to stop paying extra charge for combining.

If the employee is ready to perform additional features during working hours that are not included in his job responsibilities, it is necessary to use the design of internal combination of posts. To do everything correctly, the employer needs to act in a certain sequence, enshrined in labor legislation.

When can I use internal alignment?

Sometimes employers do not know what is correct to use - combination or partition. You need to proceed from their definitions.

Combining involves an increase in employee job responsibilities (new responsibilities are added to the familiar functionality), which it should be performed during the work shift.

Compact is used when simultaneous performance of different responsibilities is impossible, for example, due to the need to move geographically.

For example, if the mechanics is offered to work in another workshop, it will not be able to use alignment, you need to make partition. If the same employee is ready to remove the room of his workshop, then an internal combination is applied, as an employee can be engaged in new responsibilities.

Read more about the difference between internal part-time and combination, read in.

What needs to be issued with internal alignment?

When internal combination is used, it is not necessary to make a new employment contract. An additional agreement is issued to an existing contract. This document displays the following information:

• what position on combination will occupy employee;
• for what period, the employee will fulfill additional responsibilities;
• the procedure for completing the commission (what criteria will be used when determining the size of the additional payment) or its fixed value.

The agreement to the employment contract can be compiled on the basis of one of the following documents:

• the proposal of the head to fulfill additional responsibilities (it must be signed by the employee himself);
• statement of an employee in which he seizes the desire to work on internal combination.

The procedure for filling the labor and table

When the agreement is drawn up, a personnel officer may have a question as issuing internal combination in the employment record. No entries in this form of strict reporting do not need to do. Legislation does not oblige such information to the employment record.

Questions arise and as to how to display hours spent on combining. Combination does not imply a working out of extra hours. Responsibilities for another post are performed within the framework of the main working time. This means that the hours of working hours accounting should be displayed, which the employee spent behind the main job, and the alignment in this document is not separately prescribed.

Drawing up an order of internal combination (sample)

When an additional agreement is signed by an employee and an employer, it is necessary to compile an order to the internal alignment, the sample of which will help arrange the document correctly. The legislation does not enshrine a single form of this paper, so an enterprise can be developed independently.

But such an order must necessarily contain the following information:

• name of company;
• number and date of the order;
• it is necessarily a reference to labor legislation, namely, Article 60.2 and 151 of the Labor Code of the Russian Federation;
• the name of the main position of the employee and the one on which combined is made;
• the time period during which combination will occur;
• size additional charges for the implementation of additional duties;
• the basis for the compilation of the order (it advocates an additional agreement with the employee, the number and date of this document is indicated).

At the end of the order is prescribed by the name and position of the head. Made a mark about familiarizing the order of the employee. And the head, and the employee put their signatures. The employee enters the date of reference with the document.

The sample of the orders for the combination of posts is as follows:

End of the lifetime

In an additional agreement and order of combination, a period is prescribed during which the employee will have to fulfill additional job duties. Not all employers understand what will happen when the set time passes?

Upon expiration, the need for alignment ends. The employee begins to work in the usual pace, fulfilling only the main responsibilities. No additional documents on the dismissal or transition should be made up.

If you wish the organization, you can write an order for the cessation of alignment. Even if it does not compose it, these labor relations will end. To extend it will need to make a new order.

Any part of the parties can terminate the agreement of the previously established period without the consent of the second party. Previously, the initiator should notify the other side of at least 3 days. Foma document depends on whose initiative relations are terminated:

• if the initiator is an employer, the employee is sent notice;
• if the employee himself wants to stop performing additional responsibilities, he writes a corresponding statement.

Conclusion

Registration of internal combination requires certain knowledge, but there are no special difficulties in the preparation of documentation.

Any adult Russian may work part-time. Legislation does not prohibit activities in several positions and even in different fields. Such employees are considered full members of the team. They have the same duties as their colleagues, but with some features. More information about how to issue an internal combination at the firm, read further.

If an employee fulfills the tasks not only those that are put on the official salary, but also has additional duties, he is a partover. That is, it has secondary employment. To make work on internal combat, employment should be a permanent paid, decorated contract. If one person performs work in two positions at the same time, it is about internal part-time. If the employee works at once on two firms, then there is an externally combination.

Compactation can be within one position, but with double salary. In this case, the employee simply takes additional hours of operation.

Legislation

According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor duties in his free time. This type of relationship is called part-time. Under it it is understood that the employee officially assumes additional duties.

"Combining" and "Compact" are different concepts. In the first case, we are talking about the fact that a person takes extra hours of work, and in the second, that the employee for a surcharge should carry out all the responsibilities during working hours.

Who can't become a partover?

Before it is properly to make an internal partition of an employee, you need to make sure that it is not included in the exception group. The fact is that the partover may not be every citizen. Under exceptions fall:

• minors (faces under 18);
• representatives of professions with high level of responsibility (lawyers, judges, transport sector employees, special services);
• employees of state and municipal organizations;
• servicemen;
• facial workers in difficult conditions;
• members of the Government of the Russian Federation.

If a free vacancy appears in the company, the employer may offer a specific employee to become a partbook. The last word will remain for the employee.

How to issue an internal combination: Preparation

Since internal combination provides for the increase in salary, this type of activity should be issued on the basis of a written agreement. The TC presents clear regulations on the conclusion of the agreement. First, the interested employee must write an application for the name of the employer. Sample document can be taken in accounting. Secondly, before issuing an internal partition from one employer, the personnel department may request documents confirming the presence of a qualification officer. But re-demand a passport or labor requires no right. These documents an employee provided at the initial handling.

Treaty

If the application is approved by the Director, then a special employment contract will be concluded with the employee. It should indicate that the written agreement concerns exceptionally part-time work. You should also specify:

• work hours on a new position;
• list of duties;
• recreation mode;
• order of receipt of salary;
• terms of termination of the contract;
• document validity;
• period of granting vacation.

Such a document acts clearly limited time. Upon completion of the specified period, it will be necessary to re-undergo a design procedure. Urgent contracts are issued for the period:

• seasonal works;
• fulfillment of other people's duties;
• eliminating the effects of emergency situations;
• work outside the country.

Urgent contract can be concluded not only with the part-book, but also with employees who:

• perform seasonal work;
• heading to work abroad;
• works at a small enterprise of up to 35 people;
• he is pensioners.

The TC is not spelled out how to register it in the contract. The maximum term of the contract may not exceed 5 years. As a restriction in the document, a final date or a specific event is prescribed, for example, an employee's output or the completion of seasonal work. The wording is allowed "before going to the work of the Petrov manager from administrative leave", etc.

Supplementary agreement

Sometimes combination is issued by supplement. It cannot exist without the main contract. Combination provides for the performance of work over the norm during working hours. Doping may be required if the partification becomes the main work. But in this case it is more correct to arrange full dismissal first, and then acceptance for a new position.

From a legal point of view, the signing of the employment contract is not enshrined for an employee new status. To change the changes, it is necessary to place an order for an internal combination.

Order

To properly arrange internal combination, you need to publish an order in which to indicate:

• passport details;
• number and date of the order;
• employee data;
• job title;
• work department;
• contract time;
• operation mode, hour normalization;
• link to the main employment contract.

The document must be signed by the Director and the employee. Each part of the transaction must have its own instance. Three working days stand out on the design procedure.

Compact in one position

There are situations where the position remains a vacant long period of time, and the company has employees who perform this work with sufficient experience. Qualifications and skills set. In this case, you should ask how to issue an internal combination with one employer for one position.

If the second position is identical, the question of partnership will cause a lot of difficulties in view of the amendments to the Labor Code. According to the law, part-time is understood to fulfill the employee of a process, which is different from his position. That is, both works should be opposite to each other. Therefore, employers draw up this operation at their own risk. If an enterprise falls under the work inspection, such cases will be checked in detail. If the inspection establish that the employer deliberately deprives the employee of the right to an additional wage, then the organization will impose penalties.

To secure such situations, the head must rely on objective grounds in terms of compatibility. Working conditions must be profitable for an employee. Equally importantly, it is not possible to correctly arrange the documentation so that additional hours of work did not intersect with the main employment. Labor should be paid in the amount of the minimum of 1/2 salary of an additional position, including all surcharges and surcharges. For an employee, all social benefits should be maintained and debited, and on both positions.

Limits

The number of places of work of the partners is not legally limited. The duration of the part-time day cannot exceed four hours a day. If an employee is released from the main work on some day, he is engaged in additional activities. But in a month, the duration of work should not exceed 1/2 norm of time established for this category of employees.

The limits can not be observed if an employee:

• suspended activities in connection with the delay in salary payment;
• removed for health a maximum of four months;
• he is the director, deputy, chief accountant and occupies another management position.

There are also separate limits for positions. In particular, part-time cannot work:

• director of the Unitary Enterprise;
• head of the Security Bureau;
• head of the State and Municipal Educational Institution.

All other superior leaders can work part-time only to resolve the authorized body or organization owner.

If the organization still accepted the employee who falls under exceptions, it is necessary to fire him.

Termination of the contract

Having understood how to issue an employee for internal part-time, we turn to the issue of termination of the contract. Dismissal of the part-book is made in the usual order. To stop labor relations, it is necessary that one of the parties demanded termination of the contract. If the agreement was consisted of the period of seasonal or temporary work, then with their completion, the term of the contract also ends.

If the organization does not plan to continue cooperation, then it is obliged to notify the employee at least 3 calendar days before dismissal. The notification is issued in writing and a personally personally is awarded. If an employee refuses to sign an act of dismissal, then you need to make an act of refusal and give it to signature with two witnesses. This will serve as evidence of receiving notice. Next, the order is printed, in which the details of the notification of the termination of the contract are indicated as a base. Already on the basis of this document, records are entered into the employment record and personal employee card.

How to issue an internal compartment in 1C 8.3

From 01.04.2015, Klimova I. N. was accepted to the position of an accountant to work for 0.5 bets. The size of the total salary is 20 thousand rubles / month. Work schedule - 5 weekdays for 4 hours. Consider how in 1c arrange internal combination.

The first thing follows in the "Individuals" directory to put a new employee. To do this, click on the "Add" button and step by step to make the data: F. I. O., date of birth, gender and check the "Pownthern Employee" checkbox. The "Organization" field is filled automatically, and "Tabel Number" after the record of the card is set in order. It also indicates the Inn, passport details, the number of pension certificate and other data, for example, a disability group, etc.

On the second tab "Place of Work" Fill all data on working conditions. Automatically creates a "order for work acceptance". How to make an internal combination? In the section "Employment" field, you should specify "internal combination". It also indicates the work unit, the schedule (0.5 bets), the period of the trial period. Proper filling of these fields affects the correct calculation of the salary in the future.

Details of the employment contract are assigned automatically. In the case of registration under an urgent contract, fill out the end date.

At the next stage, information about calculations is indicated: their appearance, size, list of allowances. If the part-book is salary, then you need to choose the calculation "salary by the hour" and set a full bet. When calculating the salary, it will be recalculated on the basis of the number of working hours.

How to make an internal combination? After filling out all the data you need to click on the "Finish" button. Information about the employee will fall into the base of individuals. Automatically formed an order for employment. It remains to print it and sign.

Calculation of salary

Distinguishing with how in 1C to reflect the internal combination, we will define how the employee's salary is accrued? Suppose, for April 2015, an employee worked 87 hours out of 175 launched. The accrued salary will be: 20000/175 * 87 \u003d 9942.86 p.

All accruals will be conducted by a document "Calculation of the salary of employees."

Internal Compact: How to place a vacation?

The right to leave the employee appears after six months of continuous work in the organization. Previously, these time may receive parcels under the condition. That this period coincides with the holidays at the main place of work. This is the right of the partner, not the duty. That is, he can go on vacation at the main place of work and continue to work on a part-time job. And vice versa. If the number of days of relaxation at the main place of work exceeds the part-time vacation, then the difference must be covered by the holiday "at your own expense".

According to the standard scheme, the vacation tax is calculated if internal combination occurs. How to place a vacation?

At the first stage, the time of actual work is calculated. Festive and non-working days are deducted from this period. Further, the total amount of taxes received on the hands of taxes and other deductions is determined. The total earnings are divided into actually spent time for the previous calendar year. The average daily salary is multiplied by the number of days of vacation.

Example

From November 4, 2015, an employee of the company, which was employed back in 2012, took shape at another enterprise a partover. From the second June he is provided annual holidays in 24 days. At the reporting date, the amount of its actual earnings amounted to 78 thousand rubles. at the main place and 12 thousand rubles. As a partner. Calculate holidays.

The estimated period is the amount of earnings since June 2015 - May 2016. For the reporting year, 10 holidays fell.

Vacations at the main place of work \u003d (78000 / (365-10)) * 24 \u003d 219.72 * 24 \u003d 5273.28 p.

When calculating the discharge, the total months of work will be taken into account. Since the employee was employed in November, during the reporting period December 2015 - May 2016. For this period there are 8 festive and non-working days.

Selling parties \u003d 12000 / (182 - 8)) * 24 \u003d 68.57 * 24 \u003d 1645.68 p.

Advantages of partitude

The presence of an additional time and features of the compilation of a compatibility agreement make it possible to switch "to switch" between labor tasks, paying attention to the priority issue. This approach effectively affects the personal development of the employee.

If you make an employee for internal part-time, then it will be possible to conclude with an employer of any employment agreements, even if they change the type of employment.

If one of the posts occupied will be eliminated, the employee must be able to renew the contract with the employer, consolidating the remaining position as the main one. That is, combination allows an employee to get some financial and professional stability.

But the benefits of partnership receives not only an employee, but his employer. In particular, it pays less taxes and saves the wage fund.

Delivery

Each worker has the right to dispose of its labor abilities, and free time as it considers it necessary, that is, at the end of the day at the main work, it may have an additional burden, thus being an internal part-book.

But the order of registration of secondary employment differs from the similar major future employee, and also has its own characteristics, and therefore many employers have difficulty in making an appropriate package of documents that it is quite possible to resolve the norms of the law.

Normative base

The legal regulation of the work of partners employed on a third party or its own enterprise is regulated by the norms of the Labor Code of the Russian Federation, in particular, chapter 44, where it is said that part-time is an additional work, which is performed outside the established labor regime, in free time and on a regular basis.

For some categories of workers, namely, for teachers and doctors, as well as pharmacists, given the peculiarities of their industry, in the Decree of the Ministry of Labor of the Russian Federation No. 41, a separate procedure for combining several positions is provided simultaneously both at similar specifics of labor and in various ones.

Given the fact that the part-time, in essence, is a regular employee who occupies the position specified in the staffing schedule, the action of all local acts of the enterprise is distributed in full.

As well as additional employees have the right to provide almost all benefits and compensation, which are provided for in labor legislation and other legislative norms.

Features and distinctive features

Despite the fact that the partners are the same employees of the enterprise, like others, their employment is still different from the same on a permanent basis according to the following parameters:

• Performance of employment responsibilities in free time, which assumes the presence of an individual work shift mode.
• Reduced standards of the working day, which implies employment no more than 4 hours on a daily day or full employment in its free day, but on average no more than 50% of the monthly rate of labor hours.
• The amount of wages calculated in proportion to the spent hours, but taking into account all the allowances established at the enterprise and surcharges, as well as stimulating payments.
• Providing the main paid vacation only simultaneously with the same period of recreation at the main place of employment.
• Termination of the employment contract on the initiative of the management of the enterprise, if another employee is adopted for the position of a partner, provided that labor employment will be the main, and not secondary.

By one post

In Article 282 of the Labor Code of the Russian Federation, it is said that the employee can be involved in several employers, and accordingly, and be busy in several positions at the same time, and not only in one enterprise.

However, given the specifics of the company and the availability of identical posts, the question arises, is it possible to be an internal partner in similar posts in one company? Yes, since Article 60.1 of the Labor Code of the Russian Federation does not contain direct ban on the occupation of identical posts.

According to the production need, the employee can combine two regular vacancies even in one structural unit and occupy the posts similar and labor functions, and in other characteristics.

In different positions

Given the regulatory acts and the right of worker to be involved as an additional employee, both in one structural division and several, the employee can work in different positions, if its qualifications, labor skills and health status meet the specified requirements.

The difference from the external and combining professions

Each employee has the right to additional employment, which is not limited only to internal part-time, because it is possible to be an external part-in, as well as combine several posts at the same time.

And if the partification in one and at various enterprises differ from each other only the location of the places of labor, which can be both in one enterprise and on different, then the difference between combining and part-time is more cardinal.

Benefits for the employee and for the employer

Of course, secondary employment is profitable both for an employee and for the management of the enterprise, because it is not only additional earnings for the worker, but also the ability to use labor resources with minimal wage losses for the company.

How to make a compatibility with one employer?

For each main employee at the enterprise, a personal case is being formed, which contains not only the photocopies of the documents provided earlier, but also the administrative documents confirming personnel movements throughout the work of the employee in the company.

If an employee is accepted as an internal partler, he already has a formed personality with all the necessary documents, and, nevertheless, given that the partification is an additional employment for another position, a new package of documents is formed on an additional employee.

Based on Article 283 of the Labor Code of the Russian Federation, the internal part-time must provide:

• passport (copy);
• a document confirming the presence of a certain qualification, discharge, either other skills, to perform a certain type of work;
• application for admission to part-time.

Sample application for internal combination

How to arrange a part-time officer correctly? Read here.

Personnel nuances

In accordance with submitted documents and a statement of admission, an order is published part-time order for receiving an employee as secondary employment.

A new agreement on mutual cooperation is also concluded, taking into account all the conditions for additional work, starting from individual work schedule, over the amount of payment and the procedure for providing compensation payments.

A new personal case is also formed on the partner, the table number is assigned and the T-2 card is filled in accordance with the norms of current legislation.

And regardless of whether the part-time is taken on the identical position or not, the order of admission, as well as the formation of a personal case, remains unchanged and applies to all without exception.

By one post

If one position is accepted for one position, which, accordingly, will perform work on half of the bet, each of them is formed by a new personal case and the corresponding package of documents.

In such conditions, they will have individual working conditions, and their own payment procedure for spent effort, and a separate workplace.

In different positions

Considering that each position has its own features of the mode of work and work responsibilities, the design of the relevant package of documents during internal combination for various positions is also mandatory and implemented on the general basis.

If the main work became part-time

At the legislative level, the ban on the transition from the main work is not established for the position of a partner in one enterprise.

Moreover, in a letter of Rostrudud RF No. 838-6-1, an explanation of the procedure for issuing such changes in the employee's work activity is provided.

In accordance with the specified recommendations, in case the main worker found another place of labor with more acceptable employment conditions, but wishes to preserve labor relations with the former management of the company as an additional employee, it is befended in the manner prescribed by law, with a workbook on the employment record termination of cooperation.

The employee then issues an agreement on cooperation already at another enterprise, which will be the main, and only then takes on the previous enterprise, but as an employee of secondary employment.

Translation of the partner to another similar position

If the enterprise's management suggests a part-to-job employee, a translation into another position, which, although it has similar working conditions, but implies some changes, let us allow for the payment or location of the workplace, then first need to obtain an employee's consent, since any changes in the contections of cooperation agreement Can be implemented only with the consent of the parties.

However, if the working conditions of the employee do not change and the need arose in his translation to another position, which, by virtue of circumstances, was vacant, the Directorate of the Company could move the part-to-room and without its consent, but with the condition that the new post will also be secondary employment, and execution New duties are not contraindicated by workers under health.

In what cases is possible dismissal on the initiative of the employer? Read here.

How many rates can be part-time? Learn here.

Standards of work

According to the rules given in Article 284 of the Labor Code of the Russian Federation, work on internal part-time can not exceed half of the established standards of working hours for the month.

That is, on business day, a secondary employment worker can perform his duties of no more than 4 hours, but at the weekend, in order of exception, can work out and complete shift.

Often, such an approach is applied at the seamless work, where to choose a qualified worker is quite difficult.

Number of days

Given that in each month the number of working days changes depending on the presence of weekends and holiday days, then the norm of working time changes accordingly.

That is why to calculate the normal duration of working time accounting in many enterprises where the continuous work process is present, summarized working hours is applied, the procedure for calculating the company's internal acts is established.

How many rates can be taken?

Given the restrictions in employment hours for secondary employment workers established by the norms of Article 284 of the Labor Code of the Russian Federation, the part-time cannot work full work, only half, that is, 0.5 bets.

In the order of exceptions that are specified in the mentioned norm, the part-time employee can be occupied by a full month, but in the following cases:

• suspension of work in connection with the arrears of the salary of over the established minimum (Article 142 of the Labor Code of the Russian Federation);
• the removal of the worker on the responsibilities of health is due to 4 months, provided that part-time work is not contraindicated (Part 2 of Article 73 of the Labor Code of the Russian Federation).

For certain categories of some industries, in particular, for pharmacists and teachers, according to the norms of the Ministry of RF Minthouse No. 41 provide for other conditions of partnership, which admire a complete rate compatible.

Vacation

In accordance with the norms of the law, namely, Article 287 of the Labor Code of the Russian Federation, the partners have the full law on guarantees established by the Labor Code of the Russian Federation, along with permanent employees fully, that is, they have an annual vacation in the same amount.

The part-time workers have the right to leave for a duration of 28 days, and not 14 days, taking into account their employment, only half the bet.

But an additional period of rest, let's say, in the presence of harmful conditions at the site of work, the part-book is provided only for the time actually spent in such conditions, which is why this type of vacation may not exceed 3-4 days per calendar year.

Salary

Given the employment of the workers of secondary employment only on half of the bet, wages for this category of employees are made only in proportion to the spent clock, in accordance with the norms of Article 285 of the Labor Code of the Russian Federation.

The size of the fee for the work of additional employees directly depends on the spent hours, to which the allowances established to the posts are plunging, and stimulating payments in the percentage of the salary, which is put in accordance with the staffing schedule.

Payment

For example, in the salary of 15,000 thousand, and the premium is 10%, as well as a premium in the amount of 50%, the part-time must obtain in a total totality wage in the amount of 10440 thousand rubles.

The salary calculation occurs as follows:

The salary is divided into a monthly rate of the clock, for example, 160, then multiplied by the number of hours spent, allow 80 to which 10% of the surcharge and 50% of the award are added and 13% of the tax is taken away.

Taxes

A secondary employment worker, like every worker who receives profit in the form of a work fee, oblige to deduct taxes, which are calculated in proportion to the income received and are sent to the state in the amount established by law, but the tax deduction is entitled to use only one place of work on Own choice.

Can a teacher work part-time? Read here.

Payment decret

Both the main worker, and the part-time, have the full right to make a maternity leave, which consists of leave to resolve from the burden, and leave for child care, which involves compensatory payments both for a period of disability before childbirth and for the period after delivery.

Payment of the hospital before childbirth in accordance with FZ No. 255 is possible not only at a permanent place of labor, but also in the secondary place of work, too, in case the woman has worked as an additional 2 years and transferred contributions to the FSS.

In such a situation, sick leave is drawn up in several copies, which are provided in all institutions where a woman is involved as an employee.

Also on a part-time woman is subject to the norms of Article 256 of the Labor Code of the Russian Federation, where it is said that her position remains for the worker who has left for the decree, even if the personnel is optimized and reducing posts.

The only exception to the established norms is the complete liquidation of the enterprise.

But the payment of a one-time benefit for the birth of baby, as well as a monthly care allowance for a crumb woman can only get at one place of employment.

Accordingly, it has the right to choose where the amount of payment will be higher.

Given that the monthly allowance is calculated in the amount of 40% of the previously obtained fees, many women choose, of course, the main enterprise.

Payment of student leave

Based on Article 287 of the Labor Code of the Russian Federation, payments for a student vacation is made only at a permanent place of labor.

A secondary employment worker presents a certificate-challenge and draws up a student vacation only at a permanent place of labor, and in a secondary company, administrative leave is compiled.

Hospital lists

But periods of illness and ailments in some cases can be compensated for both the secondary enterprise, and mainly, even if the employee is busy as a part-time in more than one organization.

So, in paragraph 2 of Article 13 of the Federal Law No. 235, it is said that the period of the disease can be paid to the part-book at several enterprises simultaneously in case of an additional employee, it is busy at least 2 years.

Dismissal

The procedure for the cessation of mutual cooperation with secondary employment workers is provided for by the norms of Article 288 of the Labor Code of the Russian Federation, where it is said that the contract with an additional employee can be terminated if it is accepted by a worker for which this vacancy will be a permanent job.

But the dismissal according to the specified condition is provided for as an additional foundation, in the remaining cases, when terminating a contract with a part-time employee, general conditions are used for the dismissal specified in Article 77 of the Labor Code of the Russian Federation.

Is it allowed to part-time the municipal employee? Read here.

Read more about the payment of labor with internal part-time can be found here.

Writing in labor

The internal partition, the design of which is described above, has few distinctive features from external partition, which, however, do not apply to making a note in the book on labor.

As a rule, the external part-book itself decides whether to make an entry on additional employment to the agreed document or not, and with internal part-time the recording is still made, since the working period book is stored at the enterprise and, accordingly, the personnel employee is obliged to enter it all About employees.

Compensation

Considering that the part-time is the same employee as everyone else and it applies to the legislative norms in full, compensation for dismissal is put in the same amount and on the same grounds as for the main workers.

The part-book at dismissal is compensation for all days of unused vacation and the output allowance, if such a condition is enshrined in local acts, as well as other compensation payments specified in the TC when dismissing on the initiative of the Company's management in special cases.

The procedure for issuing labor relations with the internal part-book, of course, has its own distinctive features in comparison with the main employees, but, nevertheless, they are not so great.

Therefore, with a clear compliance with the norms of legislation and the employee, and the employer will be able to work for the benefit of the company.

Internal combination: how to issue

Each employee may be able to fulfill another regular operation in the same organization in the same organization, where it works currently, or in any other enterprise. Such work is called part-time (Art. 282 of the Labor Code of the Russian Federation).

General

Labor legislation of the Russian Federation identified what the internal combination means. Part-time - these are those employees who in their free from the main work time perform another regular operation of the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from the combination of professions (posts) and an increase in the work on the main place of work. Unlike internal combination with the combination of professions (posts), an employee fulfills an additional operation (for another position (profession)) during the working day along with the main work. When combining professions (posts), both the employee and the employer have the right to refuse to perform additional work. Responding to a question how to issue an internal combination with one employer, it must be borne in mind that the inner part-time work has already been working at this employer at the main work.

Restrictions on the performance of work on internal part-time

When making a decision on the design of an employee as an internal part-order, it should be borne in mind that not every employee can be accepted for work in this capacity. The law does not allow employment to work on the internal part-time of the following categories of workers:

• persons under the age of 18 (Art. 282 of the Labor Code of the Russian Federation);
• persons employed with harmful and (or) hazardous working conditions if the main work is related to the same conditions (Art. 282 of the Labor Code of the Russian Federation);
• employees engaged in vehicles or management of vehicle movement, if, when working on internal part-time, this employee will perform similar works (Art. 329 of the Labor Code of the Russian Federation);
• there are other categories of workers in relation to which a prohibition of combination has been introduced by individual federal laws (employees of the internal affairs bodies, state and municipal employees, prosecutor's employees, judges, etc.).

Work on Internal Compact: Documents provided by the employee

Since the inner part-time is already working at this employer, then the need for an employee of any additional documents is not required in most cases. The provision by an employee of additional documents will be required only when special knowledge is required to fulfill additional work on another position. In this case, the design of internal combination for various positions should be carried out in providing an employee of the education document (qualifications).

Features of the design of the indoor part

The feature of the design of internal combat is that the employee is already working in the organization and the employer has already been concluded between it and the employer. And yet, when decorated with an employee of such labor relations, as an internal combination, the Labor Code of the Russian Federation requires the mandatory compilation of a separate employment contract with this employee (Art. 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily maintain an indication that the work performed by the employee is part-time. It should be noted that an urgent employment contract may be concluded with the inner part-book (Part 2 of Art. 59 of the Labor Code of the Russian Federation). As well as when receiving the main work, the employer, carrying out acceptance of internal part-time, makes an order for the reception of an employee to work. The order (as well as the employment contract) should contain an indication that the employee is accepted on part-time work (Article 68 of the Labor Code of the Russian Federation). Considering the restrictions on legislation in terms of work on part-time work - no more than four hours a day (part 1 of Art. 284 of the Labor Code of the Russian Federation), it is important to draw attention to the need to conduct a separate accounting of working time (from the main work) for the inner partner (Article 91 TK RF). Recording to the labor book on the performance of work on the conditions of internal partnership is carried out only if the inner part-time will require this from the employer (part 5 of Art. 66 of the Labor Code of the Russian Federation). Otherwise, the registration of an employee's work on the conditions of internal partnership is carried out by the employer in a manner similar to the procedure for admission to the work of the employee at the main place of work.

Internal compatible

Commonwealth refers to a permanent work belonging to the type of retail employment, understood as the level of population participation capable of working in production activities.

It is associated with additional work, which satisfying personal and social needs, is capable of income, expressed in the form of salary. Commonwealth can be engaged in the work free time in any organization, including in the one where the employee will work.

Universal worker in business

What does the law say?

Many citizens of Russia in order to earn auxiliary cash to improve living conditions, begin to engage in labor activity, which is ranked with the second employment. Such works include combination, combination, work with the conclusion of the contract.

Anyone can get on the second work according to Art. 60.1, if the situation does not contradict the provisions of the Labor Code or other federal laws and have constant auxiliary earnings.

In addition to Art. 60.2 contains instructions on additional compliance work, which is allowed to implement simultaneously with the main work during working hours.

In what cases is it possible?

It is often a situation where the manager performs the functional responsibilities of an accountant part-time, since the organization does not have the opportunity to take an employee at the full rate. It can according to Art. 276 TC to work as a partizer, but subject to certain conditions and with the permission of the body, which is officially responsible for the activities of the enterprise or the person, for which the right to property is enshrined.

Employees of the budget sphere, which are educators, employees of cultural institutions, medicine, pharmacology can be consistent by setting up additional part-time work.

In some situations, in connection with the production need for an employee, work is assigned to work, which is paid additionally, taking his written consent. This type of activity can both coincide and do not coincide with the circle of executable activities of the main position or specialty. This phenomenon is called the alignment of the work performed.

External and internal partners are entitled to pay for hospital. Read more here.

Restrictions

According to the current laws and in accordance with the instructions of the Labor Code of the Russian Federation, it works on part-time works, may:

1. Citizens who are full of 18 years at the time of submitting an application for employment.
2. Persons who are not listed at work of increased difficulty, that is, the main work is not associated with harmful or life-friendly manufacturing conditions.
3. Those who do not work on the means of movement, which include drivers of public and trucks, trainers of trains of all classes, as well as employees who regulate traffic and enterprise traffic.

It is not allowed to work for work on part-time persons working in the Government Office, serving the Central Bank of Russia, a civil servant of a different level, employees of the prosecutor's office, the judges who are in the judicial board.

The above persons have the right to engage in scientific, pedagogical, research work.

Differences of combination

The main distinguishing property between the two types of work is the time allotted to fulfill duties. The part-time is working at an unoccupied time, and the person combining the main and additional person performs it during working hours.

In addition, there are differences on:

• location of the alleged work;
• conclusion of the employment contract;
• records in the employment record;
• providing holidays;
• wage;
• upon termination of work.

With an employee who combines work, the employment contract is not liable, the vacation is not provided. Also, the recording in the workbook on combination is not made, pays for the fee established by the Agreement. It can only work in that organization, where it is listed on the main work.

How to make an internal combination?

With the employment of an employee for internal part-time, the personnel department of the enterprise is drawn up a set of documents in accordance with the procedured for office work, which is established by the work code.

Order

The unified form of a single sample No. T-1 is used to elaborate the order for admission to work, which is introduced into the workshop on the personnel of the State Statistics Committee. The basis is the employment contract, which is the leader of the enterprise and the employee.

The order contains the conditions for admission to work, leading in the contract.

When conducting a procedure, a mark is made that the employee is adopted by a part-time in the column "Conditions for Hiring".

Labor contract

The situation on the employment contract is regulated by Art. 282, part 4 TC. Depending on the work conditions with an employee, a separate employment contract with a record of part-time entries in it.

It must contain the legal status of the employee, which is determined by labor legislation:

• rules governing the routine of labor and recreation, working conditions that meet safety and hygiene requirements;
• calculation methods for labor that will meet costs and results established by labor standards;
• the rights and obligations of the person who has entered into labor relations after the conclusion of the contract, entrusted to it, compliance with labor discipline;
• the limit duration of working time, information about the annual vacation, the term of the contract.

In the absence of a certain period of time, during which the contract is valid, it goes into the category of an inexpressible and breaks down by the decision of the employee.

Regular schedule

Without taking into account the legal status of the employee, it is necessary to show a complete unit in a full-time schedule with a complete salary, without crushing, so that in the future do not amend.

Making a part-time employee must specify the salary that will be accrued.

If you have the need to specify the number of partners enrolled in a specific regular unit, the information is recorded in the Count "Note". The state unit, conditionally referred to the rate, allows you to take up to four employees who wished to work in parties.

Employee documents and personal matter

By issuing employee documents adopted by part-time, you need to make a personal case on it, which contains information about its production activities. Personal business is issued after the publication of an order, which confirms about the employment.

• a written request to take part-time work;
• filled personnel form signed by personnel;
• a copy of the passport, employment record, diploma or another testimony confirming the qualifications and vocational training obtained;
• a copy of the order of part-time;
• copy of the labor contract;
• other types of business papers provided for by federal laws or regulatory acts.

A personal case is stitched, numbering is affixed on the village, an inventory of the contained documents is attached.

Writing in labor

Labor book is a major document, which indicates a person's work activities, the work experience is calculated on it. It reflects all production activities regarding work performed, dismissal, rupture agreement.

If at one enterprise, the employee worked within 5 days, then officially work is recognized as a real and personnel service issues a labor book.

If he wishes to reflect the fact that he is a part-time, then it is certified by the record in the employment record in the provision of certificates in the organization at the main place of work.

Features of part-time work

Chapter 44 of the Labor Code of the Russian Federation regulates issues related to part-time employment, according to which the partners are endowed with all types of guarantees and compensation to the full. For managers, teachers, employees of medical and pharmaceutical organizations, athletes and coaches introduced special working conditions.

Vacation

Partwesters are eligible for vacation, which is provided once a year. During the days held on vacation, payment is paid, in addition, place of work, position and average earnings are preserved.

If he did not work at the enterprise half a year, then the vacation is given in advance or compensation is paid.

The duration of the vacation is installed on the calendar and averages 28 days. Communication periods must coincide with the main one. If the duration is main more, then the difference in terms at the request of the employee can be framed without payment. Vacation benefits are calculated for both vacations.

Warning: Polish and Full Bid

If the employment contract notes that payment will be carried out in accordance with the provisions of the staffing schedule, then the salary is calculated on it. But according to the law, it is necessary to indicate a specific amount of the tariff rate or salary in rubles and kopecks, therefore in the contract it is necessary to write the amount of the established salary.

When assigning payment for work, it is necessary to take into account that according to the current legislation, the part-time is scheduled, which should not exceed half of the norm, equal to 4 o'clock.

The calculation of the fee is carried out:

• commensurately worked out;
• according to the final results of labor;
• by agreement provided for by the employment contract.

The first situation involves the dependence of payment from the bet on which the worker is accepted. The second and third case allow you to make a payment exceeding the full salary of the standard schedule.

Example. Suppose that according to a staffing schedule salary is 18 thousand rubles 50 kopecks, then the employee in accordance with it is charged equal 9 thousand rubles 25 kopecks. If in the labor contract it is emphasized that the payment will be carried out by work out, then the employee is allowed to accrual the work fee, which will be equal 18 thousand rubles 50 kopecks. Therefore, if the part-time is accepted on Poltavka, then the full salary is possible to pay only in the last two cases.

Cash revision may be sudden. About the methods of holding it here.

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Dismissal

According to the Code, dismissed the part-to-room:

• at their own request, by mutual agreement of the parties;
• at the initiative of the employer, if an employee was adopted for the main work;
• there was a change in a staff schedule or a position was reduced as unnecessary.

In the first case, the employee is written, on the basis of which the order is published on his dismissal.

When reducing the state in two months it is necessary to notify the part-book and offer it other options.

If the employee refuses, the order is published on the unified form T8-A on the dismissal to reduce states. Subsequently, the employer pays compensation equal to the size of the average monthly salary.

What is the benefit for the employer and employee?

Works performed by part-time and combination are quite frequent, this phenomenon with various reasons that accompany the economic activities of enterprises.

Internal combination and alignment makes it possible to obtain specific benefits. What are they mutually beneficial for both an employee who wants to receive additional earnings wishing to acquire new professional skills to either change the place of work and for the employer, which is at the disposal of the work performed. But together with the benefits, there are often disadvantages.

• acquisition of a specialist with high qualifications for low payment - the employer can save on wages;
• he does not start the workbook part-time;
• the search for service staff is minimized;
• minimum costs to obtain results of economic activity, because it is almost impossible to find the necessary worker for highly specialized works;
• he personally establishes the size of surcharge for work on combining, knowing the business qualities of the employee.

Benefits purchased by the employee:

• Additional means and the ability to apply your knowledge;
• payment of hospital leaves by temporary disability; enhancing in the labor book of part-time work; the work of deductions in the PF;
• saving guarantees in case of dismissal payment;
• paid annual leave.

Internal combination is a very common practice at large enterprises. Competently using this feature, you can get a noticeable economic effect as a part-book and an employer. However, and use this tool should be carefully issuing labor relations documented.

What it is - internal combination and combination, their main differences

Labor legislation allows additional download of enterprise employees. Duties can be fulfilled simultaneously with the main work or in free time.

The fact that it represents a combination and combination in one organization, for what time they are possible, the difference between these concepts, and it will be discussed in this article.

Dear readers! The article tells about the typical ways to solve legal issues, but each case is individual. If you want to know how solve your problem - Contact a consultant:

What is compatible

Compactation - full fulfillment of duties with the conclusion of an employment contract. Work is carried out independently of the main responsibilities and in their free time. Its legality is established by Article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 TC RF. The procedure for additional work of teachers and doctors is determined by the government's resolutions published for each categories of such persons.

The design of the partification assumes the presence of vacancies. After the employment, the employee is assigned an independent table number.

The legislation provides for the release of the post occupied by the part-time. Submitting an application and reception to the post of another employee for whom the place will be the main one allows to dismiss the part-to-book (Art. 288 of the Labor Code of the Russian Federation). An employee must be warned about the dismissal of 14 days before the date of termination of the contract.

What is compatible

Combining - execution of additional duties during the main work and within one contract. Additional work is made in the same position (increase in the scope of work) or on the adjacent (expansion of the service area). Combining can be issued on vacant (free) or busy posts during the period of temporary absence of the main employee:

• By illness confirmed by a disability sheet. The option is often used in the budget sector. Payment for non-appearance for illness by the FSS is carried out at the expense of the FSS, which allows not exceeding the amount approved for the year the salary fund. Several employees can be taken to the position of temporarily absent.
• When finding on maternity leave or child care.
• At the time of vacation, the main employee decorated without salary salary.

The ability to combine posts is prescribed in a collective agreement or other local act. In the operating time accounting table, the alignment is not reflected.

What is the difference?

Employment part-time or combination has cardinal differences visually presented in the table:

Detailed information about the differences of these procedures you can also learn from the following video:

What is more profitable for the employee?

When comparing these forms of additional earnings, the material benefit of remuneration is determined depending on the work conditions. Payment of labor at the design of the Compact is made according to spent time. Supplement when combined is established by the employer and is reflected in the order. The amount is expressed as a percentage of the main salary. Supplement is allowed in the form of a fixed amount.

Positive sides of the alignment:

• There is no need for spending extra time.
• The amount of remuneration is fixed and installed by agreement of the parties. The amount of surcharge is taken into account when calculating the selling and sick leave.
• It is allowed to early termination of commitments on the initiative of any of the parties with a warning in 3 days (Article 60.2 of the Labor Code of the Russian Federation).

• Providing paid leave or compensation when dismissal.
• The ability to receive premium on combined position. Earnings are included in the calculation of the hospital sheet for the main work (calculated separately).
• Remuneration management by varying the number of shifts, generation or part of the bet. The value is limited to half a bet or the salary specified in the regular schedule for a vacant position. Payment for piecemaking earnings is made by the actual result.

If the employee arranges additional shifts and the ability to influence the schedule and remuneration, it is necessary to choose a compatibility, for persons who do not want to go beyond the labor day, combination is the most optimal form.

How to arrange them from the same employer

There are differences in the document flow during the design of such employees.

Registration of internal partners

The employee is accepted for part-time work with the conclusion of an employment contract. This agreement comprises:

• Provisions, rights, obligations and guarantees of an employee similar to the standard contract concluded for the main work.
• An indication of the execution of duties on part-time.
• With time-based work, the salary or bet is indicated, with a piecework - development.

The agreement may have an urgent or indefinite character, the validity of which is determined by agreement of the parties. At the request of the employee, a part-time record is made to the employment record.

When taking work, actions are performed:

1. An employee addressed an application to the head. The document indicates the desired part of the bet - half, a third, quarter or other.
2. The terms of the partification are coordinated with the employer.
3. A personnel service of the company is published an order for the appointment, and a contract with a joint signature of the parties is drawn up. The order and the contract makes a mark on the nature of the work.

If the terms of the agreement provide for work with values, further consists of a material liability agreement.

Documents required when receiving work is not required. The personnel worker makes copies with previously represented forms. The dismissal of such an employee is carried out in a standard manner defined in the Labor Code of the Russian Federation.

Registration of combination of posts

Combining the main position and additional responsibilities is carried out on a voluntary basis and on the basis of the order. When designing, the procedure is made:

1. Providing a written statement of the employee. It must confirm the adequacy of qualifications to fulfill duties.
2. After coordinating the issue, the employer issues an order to combine the employee of posts. The contract is not lies.

The execution of new additional responsibilities changes the conditions of employment contract. On the basis of the order, an additional written agreement is drawn up, providing for the change in conditions (Art. 72 of the Labor Code of the Russian Federation). Combining posts in the employment book is not reflected.

Who can not be issued in this way

The legislation defines a circle of persons whose compatibility for which is not issued. Additional employment is not allowed:

• Minor citizens.
• Executives of enterprises. Only external compatibility with the consent of the founders is allowed.
• Persons whose main responsibilities are associated with harmful or dangerous working conditions, if partition involves similar circumstances.
• Workers whose duties are associated with transport management.
• State civil servants - police officers, prosecutors, judicial bodies and law office.

Persons deprived of the rights of design part-time are not limited to the possibilities to engage in scientific or research activities.

Nuances of Compact

There is a limit on the time of additional work. Within the labor day allowed the limit of duration no more than 4 hours. An employee can work out extra hours after the end of the working day or on the weekend established by the main position. Within a month recycling is allowed within half of the monthly norm..

The fulfillment of the work duties of the partner gives the right to pay for vacation. The number of days of vacation does not depend on the interest rate and is determined in the standard version (spent a year gives the right to receive 28 calendar days of rest).

Vacation is paid at the rate of average earnings and is provided simultaneously with rest at the main place of employment. Exceeding the number of vacation days of the main work is complemented by days without salary salary positions.

Combination and combination at the enterprise of the main employment is a legitimate income increase. The amounts are included in the calculation of earnings to charge leave, payment of disability sheet and when determining deductions in the FIU. Registration is carried out strictly taking into account the norms of the TC RF.

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Faced almost with the same situation, the leading lawyer was transferred to the full rate of the gene. Director and accepted on internal combination by 0.5 rates by the leading lawyer, whatever the legal experience would disappear.

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The following terms should be distinguished:

• Commonwealth - execution by an employee in its free work of other work on a regular basis. At the same time, it is necessary to conclude a separate employment contract for the design of employment relations. Compactation can be both internal when an additional employment contract is concluded with the same employer as the main and external, when an additional employment contract is concluded with a different employer (Art. 60.1 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-ФЗ).
• Combining is the fulfillment by the employee, along with the work defined in the labor contract, additional functions for another or the same profession for an additional fee. It is not necessary to conclude another employment contract, it is enough to issue an add-on to the already existing (Art. 60.2 of the Labor Code of the Russian Federation). Combining, in contrast to the partification, is possible only within the framework of labor relations with one organization (i.e. it can only be internal).

In addition, it is important to distinguish between overtime and fulfill the duties under combination. Thus, an increase in the volume or expansion of the work zone, negotiated when making a combination, does not imply the lengthening of the working day of the worker. And extracurricular work is inherently fulfilling the work at the end of the working day on the initiative of the employer (see the decision of the Sretensky Distribution of the Trans-Baikal Territory of December 28, 2015 in case No. 2-1425 / 2015).

Application for internal combination and an order for internal part-time (sample of the order for compatible)

As a general rule, the statement during admission to work by labor legislation is not provided (see Art. 65 of the Labor Code of the Russian Federation), except when the requirement for its availability is directly contained in the law (see paragraph 2 of Art. 26 of the Federal Law "On the State Civil Service of the Russian Federation "Dated 27.07.2004 № 79-ФЗ).

Accordingly, there are no special unified forms. The form of such a statement is drawn up by the organization independently. The same applies to the application form for internal combination. In the latter case, a statement is clarified that the reception to work is made precisely in the framework.

Since the compatibility involves the conclusion of a new employment contract, the design of the part-time employee (both internal and external) is carried out according to the standard rules for admission to the employee. At the same time, the following documents are issued:

• the order for employment (in the form of T-1 approved by the Resolution of the State Statistics Committee of the Russian Federation "On approval of unified forms ..." of January 05, 2004 No. 1);
• personal card employee (in shape T-2 from Decree No. 1).

From 01/01/2013, the specified unified forms of primary accounting documents are not considered mandatory. The exceptions are cases where such forms are approved by the authorized bodies on the basis of the provisions of federal legislation (see the information of the Ministry of Finance of Russia No. PZ-10/2012).

Thus, a private organization can independently develop the form of an order of admission to work and a personal account of the employee with the preservation of all the obligatory details of these documents (see Clarification of Rostrud in a letter dated 14.02.2013. NP / 1487-6-1).

The unified form of an order of acceptance of the part-book can be found on the link placed below: Order - template.

Registration of internal combination of posts

In the overwhelming majority of cases, disputes arising between the parties to labor relations on the payment of work performed in the framework of combination are associated with the improper design of such work.

The procedure is right registration of internal combination Includes the following steps:

• Obtaining the consent of the employee to attract additional work. This consent is compiled in writing (see paragraph 3 of Art. 60.2 Tk RF). It can be issued as an additional agreement to the main employment contract or otherwise (for example, as an employee itself). Specific requirements legislator does not impose.
• The publication of the order (in free form) on the combination and payment of works performed under combination.

Drafting a separate employment contract, as in combination, in this case is not required.

Inappropriate design of alignment: judicial practice

To prove in court the existence of an agreement between the employer and the employee about the combination that is not executed on paper is quite problematic.

Thus, the courts note that as evidence of the involvement of worker to complement the combination of combination:

• publication by the employer orders for payment made in the framework of the combination of work and the establishment of additional payments for labor activities within the framework of combination;
• the signing of the appropriate request to the main labor contract (see the decision of the Babaevsky Distribution of the Vologda Region dated January 15, 2016 in case No. 2-30/2016);
• documentary confirmation of the imposition of an employee of the implementation of labor duties not recorded in the employment contract (see the decision of the Soviet District Voronezh dated March 16, 2015 in case No. 2-66 / 15).

Thus, in proper registration of internal combinationinterested first of all the worker himself.

The main signs of work is precisely part-time will be to the presence of a separate employment contract and fixing the conditions for the implementation of additional work outside the framework of the main time (see the definition of the Krasnoyarsk Regional Court of 02.03.2016 in case No. 33-2503 / 2016). In this case, the court also took into account the content of the application for admission to work precisely part-time and the lack of written consent of the employee for attracting to the upstreams provided for by para. 3 tbsp. 60. 2 TK RF.

To qualify work as performed in the framework of combination, not a partification, the Court appreciates the method of issuing an agreement of the Parties (i.e., without the conclusion of a new employment contract) and the fact of the fulfillment of such work during the established duration of the working day (see the decision of the Soviet-Havana Garbarovsky Horses edges of 24.02.2016 in case number 2-514 / 2016).

Interior alignment: how to divorce the agreement

It should be noted that the procedure for termination of labor relations under combination is much simpler than in combination (in the 2nd case, dismissal with one of the posts is actually made).

Combining posts is issued for a certain period that is prescribed in the concomitant documentation. Accordingly, the implementation of additional work and its payment is terminated since the expiration of the specified period. The law does not prescribe to execute special documentation for fixing this fact. However, the manager can publish a separate order to complete the compatibility and termination of payments in order to eliminate possible disputes with the employee.

Important! If the employer wants ahead of schedule to abandon the services of an employee within the framework of combination, it is enough for him to notify the latter for 3 days without specifying the reasons (para. 4 Article 60.2 of the Labor Code of the Russian Federation). Similar law is provided to the employee.

Specific requirements for such a notification (besides what it should be written) the legislator does not impose. At the same time, it seems appropriate to acquaint an employee with such a notice of receipt. The employee who guides the notification to the employer should also remain written confirmation.

Combining for the Labor Code of the Russian Federation: errors in the interpretation of the terms of the agreement

Below are the most common errors:

1. Incorrect understanding of the timing of work in combination. At the end of the documented term, the employee cannot claim to continue payment within such an agreement, if it does not prove that in fact, the combination continued, since the automatic prolongation of such an agreement does not provide for the law (see the definition of the Armed Forces of the Republic of Tatarstan from 28.03.2016 in the case № 33-5460 / 2016).
2. Invalid interpretation of legal grounds for the design of the continuation of combination. So, the prerequisite for designing the alignment is the presence of an appropriate rate in the staffing schedule, for combining responsibilities on which the employee may require payment. And if, for example, there was no additional bet in the staff schedule and not? Usually, workers in such cases are based on their own subjective assessment of the work performed. The court refers to the satisfaction of the employee's requirements for additional payment (see the definition of the Saratov volice of 03.03.2016 in case No. 33-1423).

Thus, combination and combination is not legal synonyms. The identification of these terms or their improper understanding of any of the parties to labor legal relations can lead to undesirable consequences.

Registration of internal partitionit implies the signing of a separate employment contract, the publication of the order for admission to work and the institution of the personal card of the employee. When combining, it is enough to obtain written consent from the employee to attract to additional work (for example, through the preparation of an add-on to the main employment contract). Also published an order for combining and implementing additional payments.