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Published: 07/25/2016
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A working citizen has the right to expand his labor functions through the performance of additional job responsibilities without drawing up a separate employment contract with employers. Such work activity within one enterprise or organization is called combination (not to be confused with part-time work!).
Additional responsibilities are assigned to the employee with his consent . In fact, such activity is possible only if approval is achieved from both interested parties (employee and employer).
If an employee takes the initiative and submits an application with a corresponding request, the employer has the right not to satisfy it, since in this case the employer evaluates the employee’s qualifications and his business qualities necessary for the combination.
- Legislation
- When is registration possible?
- Design nuances
- Registration procedure
- Payment
- Providing leave
- External alignment
When is registration possible?
In contrast to the principles of part-time work, which prohibit accepting certain
category of workers for an additional workplace, the combination looks more democratic.
Labor legislation does not list positions or professions for which combinations are allowed. Consequently, there are no restrictions in this area for workers, unless otherwise stated in the Labor Code or federal legislation.
All restrictions are related to the principle of work activity of this type:
- An employee can obtain a combination of jobs from only one employer (within one enterprise, organization or institution).
- His additional work activity will be limited in time (you can work only during one shift or working day, without staying after your main job, that is, without working overtime).
- Only employees with sufficient professional skills and appropriate qualifications are allowed to work together.
At the same time, the procedure for providing a position or profession as a part-time workplace is initially laid down in the local documents of the organization or enterprise in order to avoid controversial issues in this area.
We can conclude that combination is not available to workers without proper qualifications or certain professional skills.
Order to combine positions in one organization
At the last stage, an order is issued. Each organization develops its own sample order for combining positions - the unified form of this document is not approved by law. A sample of it is presented below.
The final paragraphs of the order are intended to indicate the basis for the appointment, as well as to certify the document with the signatures of managers and an accountant.
The employee must be familiarized with the contents of the order upon signature. If the position or profession that an employee receives is related to the sale of goods or the use of funds, it is worth concluding a separate agreement on the imposition of financial liability.
Design nuances
Additional work, as mentioned above, can only be obtained at one enterprise or in one organization or institution.
But this workplace is not necessarily located in the same building (building); however, the employer adheres to the principle of accessibility and proximity of workspaces for the employee who received the combination.
More often, similar (similar) positions are combined, but it is also possible to replace an absent colleague or hire a vacant position for another position. In this case, the availability of free space is confirmed by the timesheet and staffing table. According to the information contained in these documents, the reason for the employee’s absence and the possibility of replacing him with another employee are clear.
The scope of activity of a temporary deputy is determined by the nature of the position:
- If an employee takes a position in his profession, he will have to expand his responsibilities without a clear delineation of official powers.
- If an employee has received a position in a position other than his main job, he expands his responsibilities with a clear definition of the type and order of work performed.
It should be noted that the combination can be either urgent (time-limited) or indefinite.
In the latter case, there is a risk of termination of the employment relationship, since labor legislation allows the combination to be terminated at the request of one of the parties.
In this case, the interested party sends a written notice to the other party within three days, and then terminates the employment relationship.
The combination itself contains quite a lot of controversial issues, for which workers go to court for resolution. For example, disputes arose about the calculation of regional coefficients or whether the assigned additional payment corresponded to the volume of work performed.
Prohibition on part-time work
Let’s dwell on the topic of prohibitions on part-time work in more detail. Speaking about this, we must take into account that in most cases these prohibitions are actually relevant only for internal part-time work, that is, when a part-time work agreement is concluded with the same employer who is the main employer for the employee. The fact is that most of the prohibitions are related to the work already performed by the employee at his main place. And according to the rules for hiring part-time work, an employee is not obliged to provide the employer with a work book or other information about his main job (with the exception of hiring for harmful and dangerous work, when Article 283 of the Labor Code of the Russian Federation obliges to require a certificate from the employee). This means that the employer, even if he or she wishes, will not be able to control the legality of the employee’s employment.
However, in order to completely protect yourself from claims from regulatory authorities, when applying for external part-time jobs, we recommend that you fill out an employment application, a separate paragraph in which will indicate that the employee does not have grounds that make part-time work impossible (directly listing all these conditions; see below for more details). Accordingly, by signing such a statement, the employee relieves the organization of responsibility for his unlawful hiring.
Registration procedure
Both parties can initiate the assignment of additional job responsibilities, but the basis for formalizing additional job responsibilities is always consent expressed in writing:
If the employer wants to entrust additional responsibilities, he sends the employee a memo with an offer to take the position. The employee must sign this document, expressing his consent, or refuse to sign.
If an employee wants to occupy a vacant workplace, he must submit an application to management with a corresponding request. On this document, the employer expresses his agreement or disagreement using a short summary.
Both of these forms of documents have legal force only after their agreement (approval by the interested parties).
These documents are the legal basis for issuing an order and signing an additional agreement (if we are talking about long-term combination).
The application is written in free form by hand. This document does not have a unified form.
Required items to fill out:
- An appeal to the employer indicating the name of the organization or enterprise, as well as the full name and position of the immediate supervisor.
- Indication of information about the employee submitting this document (his full name and title of position).
- A brief statement of the request indicating the position for which the employee is applying.
- Signature and date of preparation (submission) of the document.
The memo is also written by the employer in free form and includes the following points:
- Full name of the organization or enterprise, registration number of the document, full name of the employee and his position.
- Title of the document (combination proposal).
- A summary of the proposal describing the duties and responsibilities of the vacant or temporarily vacant position.
- Information on the amount of the established surcharge and the procedure for its provision.
- Signature of the manager and date of drawing up the memo.
After agreeing on all the nuances, the new employment relationship is documented, which includes two stages:
- Drawing up and signing of an additional agreement. This document is initially prepared by the HR department in two copies, one of which is handed over to the employee.
- Issuance of an appropriate order approving the amount of additional payment and changes in the staffing table. This document also serves as the basis for the calculation and payment of additional remuneration.
Payment
Additional remuneration is calculated taking into account the current employment
legislation, namely Article of the Labor Code numbered 60.2, local documents (Regulations on payment adopted by an enterprise or organization), as well as the agreement reached by the parties (it is recorded in an additional agreement and order).
Such payment may be:
- Fixed, pre-established in local documents of an organization or enterprise.
- Depends on the volume of work performed. For example, a turner can be paid money based on the production of products.
- Depends on the nature of the additional duties performed. For example, for teachers who have taken on additional responsibilities as a class teacher, additional payment is made according to the hours worked.
Additional payment is guaranteed to employees who have taken on additional work responsibilities by Article 151 of the Labor Code.
Such payments are assigned both when combining positions and professions, implying:
- expansion of service area and responsibilities;
- increasing the volume of work performed without exemption from core activities.
Rules and conditions of combination
The Labor Code establishes the rules for attracting an employee to additional employment:
- is allowed only in parallel with the main employment and performing tasks for the main position, during the working day. An employee cannot be required to work in his free time;
- involves additional payment;
- is established for a certain period, but the employee has the right to terminate it early by warning the employer at least three days before the end of the additional work;
- the employee agrees to perform functions and tasks beyond his main employment. If he does not agree, he cannot be obliged or coerced. The use of disciplinary measures as punishment for refusal is unacceptable.
The initiator of assigning a new workload to an employee is both the employer, and then the parties simply sign an additional agreement to the employment contract, and the employee. Speaking about whether it is necessary to write an application for combining positions - yes, it is necessary if the initiative comes from the employee. With this document, he demonstrates to the employer his intention to perform additional work.
Providing leave
Annual paid leave is not provided for a part-time position.
But at the same time, the employee is released from additional duties for the period of legal rest, issued in accordance with the vacation schedule established at the enterprise or organization.
When calculating vacation funds, the additional payment accrued for additional work is taken into account (according to Article 139 of the Labor Code).
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