Basic moments
In case of production necessity, the employer has the right to involve the employee in additional work. The Labor Code of the Russian Federation provides three ways for an employee to perform additional work without exemption from the main one:
- combination of positions;
- increase in the volume of work;
- fulfilling the duties of a temporarily absent colleague.
Additional duties are performed under the following conditions:
- without interrupting your main job;
- during the established working hours (Part 1, Article 60.2 of the Labor Code of the Russian Federation).
To issue an order to assign additional work to an employee under Art. 60.2 of the Labor Code of the Russian Federation, consider several rules:
- the employee provided written consent;
- the activity relates to a different or similar position;
- labor is paid additionally.
The employee’s consent can be formalized as follows:
But first, the employee’s immediate supervisor sends a notice to the director of the enterprise about the situation that has arisen and the need to temporarily transfer responsibilities to one of the employees.
If the employee agrees to additional work, not only a sample order to increase the volume of work for the same position is drawn up, but also an additional agreement to his employment contract. It states:
- what needs to be done and for what period;
- amount of surcharge;
- the period during which a citizen works under new conditions.
Based on the concluded agreement, using a sample order for additional payment for additional work, the employer issues an order for the temporary performance of additional duties. The employee must be familiarized with the document and signed.
We suggest taking our sample order for additional payment for an increase in the amount of work as a basis and modifying it to suit your needs.
OPTIONS FOR REGISTRATION OF ADDITIONAL WORK
Changes in job description
If the additional work does not change the employee’s job function or will be carried out in the same position, you can simply supplement the employee’s job responsibilities with a clause on the performance of such work. In practice, job responsibilities are specified in the job description or in the text of the employment contract (or in an appendix to it)[2].
If job responsibilities are fixed in the text of the employment contract, then any change or addition to them, as an integral part of the employment contract, is 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 responsibilities set out in the employment contract, the employer can use the tools that Art. 74 Labor Code of the Russian Federation. If the procedure established in this article is strictly observed, the employee, in case of disagreement to perform additional duties, may be dismissed under Part 7 of Art. 77 Labor Code of the Russian Federation.
If the job description is drawn up in a separate document, it is a local regulatory act, and the methods for changing it depend on the nature of the innovations. If amendments to the job description do not entail a change in the job function, but only clarify it, then the employee’s written consent 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. You can also consolidate changes in the job description by listing the employee’s responsibilities in the order, without approving a new version of the document.
Therefore, when assigning additional responsibilities to an 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 [3]).
The need for innovation in the job description may be due to a change in the mandatory terms of the employment contract. In this case, the requirements for advance written notice to 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, in the presence of organizational or technological changes in working conditions, the employer has the right to apply Art. 74 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 clause 7, part 1 of Art. 77 Labor Code of the Russian Federation.
If changes in the job description do not correspond to the employee’s labor function, then the application of Art. 74 of the Labor Code of the Russian Federation is not possible, since when changes are made to the terms of the employment contract due to organizational and technological reasons, the employee’s labor function must remain the same. This conclusion follows from Part 1 of Art. 74 Labor Code of the Russian Federation. When changing an employee’s job function, his written consent to this procedure is required, because, in essence, 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 a job description constitutes a change in a job function are decided by the court (Determination of the Constitutional Court of the Russian Federation dated September 25, 2014 No. 1853-O).
How does the surcharge work?
According to Part 2 of Art. 151 of the 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, the employer must take into account:
- content and (or) scope of duties performed (Article 151 of the Labor Code of the Russian Federation);
- qualifications of the employee, complexity and conditions of the work performed, quantity and quality of labor expended (Article 129, Article 132 of the Labor Code of the Russian Federation);
- the employer’s obligation to provide equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation does not define either the minimum or maximum amount, but as an example of additional payment for additional work, use:
- the agreed amount of money;
- interest on the employee’s salary / tariff rate.
All payments are made officially with the execution of the relevant documents. Any discrimination in establishing and changing wage conditions is prohibited.
Calculation
- Several employees are allowed to hold one position. Then the total number of additional payments should not exceed 100% of the rate for this position.
- Taking into account the provisions of Art. 151 of the Labor Code of the Russian Federation, one employee can combine several professions. There are no standardizations for additional payments for combinations. The valid amount will be the amount indicated in the matching order.
- Persons belonging to the management team can combine positions and receive compensation.
Labor legislation allows additional work activity for those working citizens who want to get a part-time job and increase their monthly income. There are two main types of such activities - part-time and combination.
Combination usually means three types of work functions: temporarily replacing an absent colleague, expanding the area of responsibility (the employee is busy with additional work in his own profession) or classic combination (performing duties in two professions at once - his own and those related to the vacancy).
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In all of these cases, the employee copes with additional responsibilities without interrupting his main activity, that is, during working hours limited to one shift.
Increasing the volume of work without additional payment
The job descriptions of some employees state that during the absence of another employee with similar job responsibilities from the workplace, they perform the functions of absent colleagues. The specified provisions of job descriptions are an integral part of contracts, and no additional payment is due for the performance of additional duties. 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, according to the job description and employment contract, one employee is not authorized to completely replace another, additional payment is possible.
Combination restrictions
The code does not contain information about restrictions on combining positions. Almost any employee in an organization can be assigned this type of work. There are two important factors to consider:
Any combination must be included in working hours, and not in excess of its norm.
It is advisable to combine positions of similar professions or employee qualifications. This is due to more competent performance of duties without wasting time on training.
However, we should not forget about the privileged category of citizens: pregnant women, disabled people, minor employees and mothers with children under three years of age. Although the law does not prohibit them from increasing the load, it is better to insure against unpleasant consequences.
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To do this, you can discuss all working conditions, assess their applicability to these individuals and sign all the necessary documents.
Abolition of additional labor
The increase in the volume of work ceases upon expiration of the period for which it was agreed. In this case, the director of the enterprise issues an order to stop the accrual and payment of additional payments by the accounting department.
Both the employee and the company have the right to refuse to increase the amount of work ahead of schedule. For this purpose, three working days in advance, one party warns the other in writing of its desire. This is either a statement from the employee or a notification from the employer, which is drawn up in free form. The employee's notice must be read and signed.
The fact of termination of the increased volume of work must be recorded by order. It should indicate the termination date. The employee is presented with the order against his signature.
Is it a right or a duty?
Establishing a combination is the right of the employer to assign additional responsibilities to the employee. At the same time, a person has the right to refuse such a fate, since an agreement has already been concluded with him to perform specific job duties.
There are several types of additional work:
- Combining positions is often found to perform duties in another profession (position). For example, the company does not have a specialist for the position and employees are forced to work at essentially two rates.
- Expansion of the service area is associated with the implementation of expanded tasks, but not specified in the main job description. This may be temporary, for example, during repair work in production.
- An increase in work volume is usually temporary during the period of production growth. For example, seasonal increase or new product launch.
- Fulfilling the duties of a temporarily absent employee means temporarily replacing an absent employee and performing his functions in full or in part.
For such work, an additional agreement to the contract must be drawn up and an order is issued. A job description is written, which indicates a list of new responsibilities. When temporarily replacing duties, an employee can fully perform the work assigned to him and devote only part of his time to his position.
If there is a complete transition to a replacement rate, you need to arrange a temporary transfer of the person until the main employee leaves.
In accordance with the law, any combination or increase in work must be additionally paid (Article 151 of the Labor Code of the Russian Federation). In this case, the period for completing duties can take from several days to several months.
If the dates are known, it is better to immediately reflect them in the documents. The employee has the right to refuse additional workload early. To do this, he writes a corresponding statement to the manager with a request to remove the combination from him.
