How to apply for additional payment for additional work. Description of the procedure for registering an employee for internal combination

The employee has the right to expand the scope of duties or increase the amount of work performed within labor day or shifts.

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The combination of positions is made on the basis of an agreement between the employer and the employee.

The legal status of combination and its features

A combination of positions in one organization is drawn up, subject to the proximity of jobs for the main and additional employment.

The possibility of combining duties in another position arises in the event of a temporary absence of an employee or a vacant position.

Documentary evidence of the possibility is:

Staffing table with the presence of a position not occupied by an employee.
A time sheet indicating the reason code and the period of absence of the employee.

Primary accounting forms allow you to determine the period of absence of an employee, simultaneously confirming the validity of the reason - an application and an order for or,.

The procedure for determining additional duties depends on the nature of the combined position.

The employee is instructed to:

Fulfillment of duties in a position identical to the one occupied. The combination is to increase the amount of work with the lack of a clear delineation of the order of performance of duties.
Imputation of duties for a position that does not coincide with the main one. The essence of the combination is to expand the service area with a clear definition of the scope of responsibilities.

The amount of remuneration for the performance of additional duties is set as a percentage of salary or as a fixed amount.

Normative base

When determining the procedure for compiling documents and how to correctly arrange a combination, it is necessary to adhere to the provisions of the Labor Code of the Russian Federation.

At the legislative level, the design of the combination is established in Art. 60.2 of the Labor Code of the Russian Federation.

The Regulation determines the possibility of fulfilling the duties of a temporarily absent employee or expanding the service area during the employee's working day.

The main criteria for duties, duration and payment for internal combination are determined by mutual agreement of the parties.

For what positions and professions is it possible?

The Labor Code of the Russian Federation does not restrict the right to combine positions.

Unlike part-time employment, in which there is a clear list of specialties, positions that do not allow additional employment, combination is allowed for all professions and positions.

Restrictions

Additional work of an employee is limited to:

One employer.
The time of the working day (shift).
Opportunities and qualifications of the employee admitted to the combination of duties.

The established procedure for combining should be fixed by internal documents of the labor schedule.

Risks for the employee and the employer

Registration of a combination of positions or professions, even for an indefinite period, can be terminated at the request of any of the parties.

The employee or the employer has the opportunity to terminate the agreement by notifying each of the parties 3 days in advance. This is the main risk.

In matters of part-time work, many uncertainties are eliminated judicial practice, decisions on which is a precedent.

For example, there are questions about the correspondence of payment to the duties performed, the lack of consent of the employee, the calculation of northern coefficients for additional payment.

How to arrange a combination of positions in one company?

The initiator of imposing additional duties on the employee may be the employer or the employee.

Registration of combination of an employee is carried out on the basis of a voluntarily expressed in writing consent:

An employee, if the initiative to expand duties comes from the employer. The manager draws up a memo on which the employee expresses consent.
The employer, if the combination initiative comes from the employee. On the application submitted to the employer, the head puts a written conclusion.

Both forms of appeal have legal force and are valid for drawing up an order only after agreement.

Documentation

With documentary support of the operation, an application is submitted by the employee to the employer.

The form of paper is arbitrary, with the inclusion of data in the text:

name of the enterprise, full name of the head;
employee data - full name and position;
the title of the joint position;
descriptions of responsibilities when expanding the range of tasks.

The employer also has the right to develop and apply to the employee with a proposal for combining.

In writing in the form memo are indicated:

data of the enterprise and division;
the position for which it is required to issue a combination of duties;
a brief description of the responsibilities and scope or scope of work;
surcharge given to a person.

An example of an employee statement:

An example of an employee's application for a combination of positions

An example of an employer proposal:

An example of an employer's offer to combine

After reaching an agreement between the parties on the procedure for fulfilling duties and the amount of remuneration, part-time employment is subject to registration on the basis of an application from an employee or an instruction from an employer.

The personnel department produces:

Issuance of an order on combining work by an employee. The order indicates the urgent or indefinite performance of duties and the procedure for payment. The order must be signed by the employer and employee.
Drawing up an additional agreement to the contract. The additional agreement is drawn up in 2 copies, having equal legal force. One document is handed over to the employee, the second is kept by the employer along with the main employment contract.

Order example:

Sample order for combination of positions

Sample additional agreement on combination:

Considerations when applying for a job

If additional responsibilities are provided for at the stage of execution of the main contract, they can be included in the terms and conditions in the event of an open-ended nature of the combination of works.

The document includes the item "special conditions job duties” and the condition of the amount of the additional payment for the expansion of functions.

Duties and changes in conditions are formalized by an additional agreement on the basis of an application and an order.

For employees in the organization

Expanding the range of responsibilities within production and within working hours does not require the execution of a new contract.

The performance of duties outside the employment contract for the main job changes the conditions of employment, which entails the need to consolidate the combination with a new agreement.

The additional agreement is integral part the main employment contract and is subject to the signature of both parties and registration in the journal.

Is there an entry in the work book?

Combination record in work book not entered.

Obligations performed within the framework of one contract do not require additional registration.

How to reflect in the table?

It is not included in the time sheet for the execution of works.

When registering, an employee is not assigned an additional personnel number.

The employee is time-sheeted at the main place of employment, including when combining the work of a vacant position.

Timing

The period of combination is determined by agreement of the parties, depending on the employment of the position.

Urgent (temporary) or indefinite registration is allowed.

Depending on the employment of the position, the combination can be:

Temporary. The temporary nature of the combination arises in the event of the performance of the duties of an absentee good reason employee - for the period of parental leave, illness and other reasons. The application and order indicate the period of combination.
Permanent. The combination has a permanent character if the employee is registered on vacant position indefinitely. The vacant position must be approved in the staff list.

Combining for an employee has its pros and cons.

In the event of a production need, the employer may involve the employee in additional work. The Labor Code of the Russian Federation provides for three ways for an employee to perform additional work without exemption from the main one:

increase in the scope of work;
fulfilling the duties of a temporarily absent colleague.

Additional responsibilities are subject to the following conditions:

without interruption from the main work;
during the established working hours (part 1. Art. 60.2 of the Labor Code of the Russian Federation).

According to Art. 60.2 of the Labor Code of the Russian Federation, additional work can be entrusted to a worker:

with his written consent;
in another or the same position;
for an additional fee.

The consent of the employee can be formalized as follows.

The immediate supervisor of the employee should be sent to the director of the enterprise "service" for an additional payment for an increase in the volume of work.

If the employee agrees to additional work, an additional agreement is drawn up to his employment contract. It needs to specify:

what is the additional work, its content and the period in which it will have to be completed;

the amount of the surcharge;

the period during which the citizen will work under the new conditions.

On the basis of the agreement concluded, the employer will issue an order for the temporary performance of additional duties, with which the employee should be familiarized under signature.

Below is a sample order for an additional payment for an increase in the volume of work.

Are data on additional workload entered in the work book?

Data on combining professions, increasing the volume of work, performing the duties of a temporarily absent employee without exemption from the main job is not required to be entered.

How is the surcharge done?

According to part 2. Art. 151 Labor Code of the Russian Federation, the amount of additional payment for additional work is determined by agreement of the parties. When determining the amount of additional payment to the employer, it is necessary to take into account:

content and (or) volume of additional work (Article 151 of the Labor Code of the Russian Federation);
the qualifications of the employee, the complexity of the work performed, the quantity and quality of the labor expended, the conditions of the work performed ( Art. 129, Art. 132 Labor Code of the Russian Federation);
employer's obligation to provide equal pay for work of equal value (paragraph 6, part 2 Art. 22 TC RF).

The Labor Code of the Russian Federation does not define either the minimum or maximum amount of the surcharge. It can be installed:

in the form of a fixed amount of money;
as a percentage of the salary / tariff rate of the employee.

All payments are made officially with the execution of the relevant documents. It is also prohibited any kind of discrimination when establishing and changing the conditions of remuneration.

Increasing the scope of work at no extra charge

The job descriptions of some employees may provide for cases when, during the absence of another employee with similar job responsibilities, they perform the functions of an absent colleague. The specified provisions of the job descriptions, which are an integral part of the contracts, do not imply the implementation of additional payments. This is due to the fact that in this case the work is performed within the framework of the concluded contract. An indication of this is contained in the Letter of the Ministry of Health and Social Development of Russia dated March 12, 2012 No. 22-2-897.

Therefore, if by job description and the employment contract, one employee is not authorized to fully replace another, additional payment is possible.

Employer's responsibility

If the employer does not formalize and does not pay for the additional work of employees, he may be held administratively liable in the form of a fine of 1,000 to 5,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Abolition of additional labor

The increase in the volume of labor stops after the expiration of the period for which it was agreed. In this case, the director of the enterprise must issue an order to stop the accrual and payment of additional payments by the accounting department.

Both the employee and the company can early abandon the increase in the volume of work. To this end, one party must notify the other party in writing of its desire three working days in advance. This must be either an employee statement or a notice to the employer, which are in free form. The notification of the employee should be read under the signature.

The fact of termination of the increased volume of labor must be recorded by order. It should indicate the date of termination. With the order of the employee must be familiarized under the signature.

Express your opinion about the article or ask the experts a question to get an answer

It is forbidden to impose on working citizens work that is not specified in an employment contract without their permission. Usually, people agree to additional work for a fee. The additional payment for the increase in the volume of work is made by the accounting department together with the salary on the basis of an order for the enterprise. It is also mandatory to additional agreement.

When is an additional payment for an increase in the volume of work issued?

The Labor Code regulates, among other things, those norms that must be met if additional work is assigned to a person. An increase in the volume of work implies the performance of additional labor in volumes exceeding those established by the employment contract. Let's assume, the cleaner of premises should be responsible for the territory in 600 square meters under the contract. He can be instructed to clean additional square meters in the established work time for a fee. However, this is possible only with his consent and to the best of his ability.

How to apply for a surcharge for an increase in the volume of work

Additional payment for the additional amount of work is made out in several main stages:

Supervisor must apply for additional payment structural unit employee. To do this, he writes a memo addressed to the director.
The head of the structural unit must ask the employee to write consent to perform additional functions (Article 60. 2 of the Labor Code).

Surcharge for additional work: sample consent

The personnel department specialist draws up an additional agreement to the current employment contract of the person who will perform extra work. It contains the required data:
- Description of the work to be performed.
- The amount of the supplement and the frequency of payments.
- Deadline for additional work.
- Date of preparation.
- Participant signatures labor relations.

Information about the performance of additional labor duties is not entered in the work book. However, if necessary, the HR specialist can reflect them in the employee's personal card.

The final stage of registration of the surcharge is the issuance of the relevant order. It contains the required information:
- Document's name.
- Number and date of compilation.
- As a result, an order is issued.
- The text containing the direct assignment of duties.
- Establishment of the amount of surcharge and validity period.
- On what basis was the order issued?
- Visa of the head and interested persons.

Only after the issuance of the order, the accounting department calculates additional payments for the additional amount of work.

Surcharge for increasing the scope of work

The Labor Code does not establish the amount of additional payment for additional work. It is determined by agreement of the parties and directly depends on the volume. However, the employer must not forget to ensure equal pay for work of equal value.

You can set an additional payment for the performance of work in any of the following ways:

fixed amount;
percentage of salary;
percentage of the rate.

The main thing is not to forget, to indicate the terms of payment in the employment contract and order.

Each person has the right to receive additional payment for work performed in excess of the norms established by the employment contract. At the same time, a worker cannot be forced to do extra work.

Each employer may face a situation where an employee is unable to go to work for a long time, but he retains workplace and position. The reason for this may be vacation, long-term disability and other circumstances. To perform the work of such an employee, you can hire a new person under a fixed-term employment contract, or issue temporary transfer another employee, or to distribute the duties of the absent employee among the members of the labor collective. Often the most convenient for the employer is the third option. After all, it will not be necessary to train a new employee, in addition, there will always be employees who will not be hindered by additional income. The implementation of this option requires certain personnel procedures.

WHY DO DOCUMENTATION FOR ADDITIONAL WORK?

Often, additional work is assigned verbally, and the employee agrees to do it without requiring any registration or additional payment. Such resignation can be explained by the fear of spoiling relations with management, as well as the desire of the employee to learn new skills, gain experience for future career advancement.

In both cases, workers did not require monetary compensation and official registration of additional work, voluntarily agreed to carry it out, since they had personal interests in this matter.

But this is not always the case. In addition, in such situations, the employer runs the risk that if an employee, doing additional work, makes a mistake that entails unpleasant consequences for the organization, it will not be possible to hold him accountable. After all, since the work is not documented, it is as if it does not exist.

It is also possible that the employee, having changed his mind, will appeal to the court or inspection bodies the employer's requirement to perform additional work. After all, Art. 60 Labor Code The Russian Federation expressly prohibits the employer from demanding from subordinates the performance of work not stipulated by the employment contract. If the employee proves that he was forced to perform such work, then the labor inspectorate may hold the employer liable under Part 1 of Art. 5.27 of the Code of Administrative Violations of the Russian Federation, which provides for the imposition of a fine on entity from 30 to 50 thousand rubles, for the head - from 1 to 5 thousand rubles.

Any employer is interested in the work being done with high quality in the absence of legal risks. To do this, he needs to correctly draw up documents on the assignment of additional work to the employee.

OPTIONS FOR REGISTRATION OF ADDITIONAL WORK

Job Description Changes

If the additional work does not change the work function of the employee or will be carried out in the same position, you can simply add official duties employee with a clause on the performance of such work. In practice, job responsibilities are fixed in the job description or in the text of the employment contract (or in an appendix to it).

If job responsibilities are enshrined in the text of the employment contract, then any change and addition to them, as an integral part of the employment contract, are made by signing an additional agreement (Article 72 of the Labor Code of the Russian Federation). If the employee does not agree to change the job duties set out in the employment contract, the employer can use the tools that Art. 74 of the Labor Code of the Russian Federation. With strict observance of the procedure established in this article, the employee, in case of disagreement with the performance of additional duties, may be dismissed under Part 7 of Art. 77 of the Labor Code of the Russian Federation.

If the job description is issued as a separate document, it is local normative act, and the ways to change it depend on the nature of innovations. If the amendments to the job description do not entail a change in the labor function, but only clarify it, then the written consent of the employee to this procedure is not required. In this case, the employer needs to prepare a new version of the job description, approve it and put it into effect. It is also possible to consolidate changes in the job description by listing the duties of the employee in the order, without approval new edition document.

Therefore, when imposing additional duties on the employee, it is necessary to provide for them in the employment contract and (or) job description.

To determine the qualifications of an employee and his job responsibilities, along with the EKS and ECTS, you can use professional standards(Article 195.1 of the Labor Code of the Russian Federation, clause 25 of the Rules for the Development and Approval of Professional Standards).

The need for innovation in the job description may be due to a change mandatory conditions labor contract. In this case, the requirements for advance written notification of the employee must be observed. And only after the employee agrees to continue the employment relationship, changes are made to the job description, which is confirmed in the letter of Rostrud dated October 31, 2007 No. 4412-6.

If the employee does not agree to innovations, if there are organizational or technological change working conditions, the employer has the right to apply Art. 74 of the Labor Code of the Russian Federation. In this case, if the employee refuses to fulfill new duties, the employer has the right to dismiss him under paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

If changes in the job description do not correlate with the work function of the employee, then the application of Art. 74 of the Labor Code of the Russian Federation is not possible, since when making changes to the terms of an employment contract due to organizational and technological reasons, labor function employee must remain the same. This conclusion follows from Part 1 of Art. 74 of the Labor Code of the Russian Federation. When changing the labor function of an employee, his written consent to this procedure is required, because, in fact, it is tantamount to transferring the employee to another job (Article 72.1 of the Labor Code of the Russian Federation).

Disputes about whether a change in the job description is a change in the labor function are decided by the court (Determination of the Constitutional Court of the Russian Federation of September 25, 2014 No. 1853-O).

Combining, increasing the scope of work, fulfilling the duties of an absent employee

The method of registration of additional work depends on its content (see table). If the labor function does not change, that is, additional work will be performed in the same position or profession, it is advisable to formalize its implementation in accordance with Art. 60.2 of the Labor Code of the Russian Federation as follows:

expansion of service areas;
increase in the scope of work;

If additional work is supposed to be performed in another position (profession), one of the options is used for its registration:

combination of professions (positions);
performance of the duties of a temporarily absent employee without release from work specified in the employment contract.

Table. Types of additional work and methods of its registration

Name	Position (profession)	Payment	Decor	Examples
Combination		Additional payment in a fixed amount or as a percentage of the employee's salary	Additional agreement to the employment contract, order	The purchasing manager was assigned the job of a logistics specialist
Expansion of the service area; increase in the scope of work				The cleaner worked in 5 rooms, the company rented another one - the employee's service area expanded. As part of their work, the personnel officer was assigned to maintain military records - the amount of work has increased.
Fulfillment of the duties of a temporarily absent employee	Perhaps in the same position, and in a new			HR specialists were assigned the work of a sick colleague; the accountant was assigned the work of a personnel officer for the period of the latter's vacation.

The procedure for registering all types of additional work (combining, increasing the volume of work, expanding service areas, performing the duties of a temporarily absent employee) is almost the same.

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

SALARY

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

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

Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation);
the federal law dated 06/19/2000 No. 82-FZ (as amended on 06/02/2016) "On minimum size wages";
Decree of the Government of the Russian Federation of July 22, 2008 No. 554 “On the minimum amount of wage increases for night work”;
Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (as amended on December 10, 2016) “On the peculiarities of the procedure for calculating the average wage”;
Federal Law No. 181-FZ dated November 24, 1995 (as amended on June 1, 2017) “On social protection disabled people in the Russian Federation”;
Decree of the Government of the Russian Federation of October 13, 2008 No. 749 (as amended on July 29, 2015) “On the peculiarities of sending employees on business trips”, etc.

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

IT IS IMPORTANT

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

Payments to employees who form the wage fund:

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

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

COMBINATION OF PROFESSIONS (POSITIONS)

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

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

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

COMPATIBILITY. MAIN DIFFERENCES FROM COMBINATION

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

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

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

Decor

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

Work time

When combining duties the employee must perform his main job duties and the additional duties assigned to him during his working hours (for example, with an 8-hour working day).

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

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

Termination of work

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

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

Salary

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

When establishing persons working part-time with time payment labor, standardized tasks, remuneration is made according to the final results for the actually performed amount of work (Article 285 of the Labor Code of the Russian Federation).

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

DOCUMENTATION OF COMBINATION OF PROFESSIONS (POSITIONS)

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

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

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

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

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

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

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

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