It is certainly possible to assign additional responsibilities to an employee that are not provided for in his employment contract.

For example, during the absence of a specialist from the HR department, a secretary or accountant working in the same organization as the temporarily absent employee can hire new employees.

However, the employer does not have the right to unilaterally increase the amount of work by assigning additional responsibilities to the employee.

First, it is necessary to obtain the employee’s consent to perform the functions of an absent colleague. Secondly, document these changes in labor relations.

What are additional responsibilities?

IN labor law The concept of “additional duties” means the performance by an employee, for a fee, of additionally assigned labor functions on an equal basis with his main responsibilities (established in the employment contract) during the working day (Article 60.2 of the Labor Code of the Russian Federation).

There are no restrictions regarding the circle of persons who can be involved in carrying out additional assignments.

The manager has the right to assign additional responsibilities to any subordinate, based on his workload, experience, professional qualities. The main condition is obtaining written consent from the employee.

Labor related to the performance of functions not provided for in the employment contract is additional and is paid separately.

Selling shoes is one of the interesting options business. – read the link.

A person may be involved in additional work in the following cases:

• Absence from the workplace of a person for whom these duties are the main ones. The list of such cases allowing an employee to be legally absent from the workplace is established by the Labor Code of the Russian Federation. The most common of them are absence due to illness, vacation, or the employee undergoing a medical examination.

In all these cases The responsibilities of an absent colleague can be redistributed among working colleagues.

• In case a production task can only be performed by a certain specialist, but this specialty is not included in the staff list. The responsibilities of an absent specialist can be assigned to a specialist who has the necessary skills (combining professions).
• Increasing the volume of work within one profession. The employee is a qualified specialist and during the working day can perform, along with the main job responsibilities, also others, but within the limits of his profession (for example, when laying off staffing unit The duties of one employee can be transferred to another, more qualified one).

Order to assign additional responsibilities to an employee

Any change in working conditions can be made by the employer only after issuing a corresponding order (mandatory order for subordinates to execute).

The order to assign additional duties is issued by the personnel service.

Before issuing an order, the consent of management and the employee who is assigned these responsibilities must be obtained.

The employee’s consent is usually formalized in the form of a bilateral agreement, which must provide a list of responsibilities assigned to the employee, the amount of payment for additional labor, and the duration of the agreement. The agreement is signed by the employee and the employer.

After registration, the order is given to the employee for review. By signing the order, the employee agrees with its contents and confirms that he has read it.

• Responsibilities assigned. This paragraph must be stated in detail, indicating to what extent and what responsibilities are assigned to the person.

For example:

“Assign the accountant Smolina A.P. performing the duties of a cashier during the working hours established by the employment contract for additional payment.”

• Terms of payment. As a rule, if the duties are performed in full, then the amount of payment is set in the amount of the salary of the absent employee; if labor functions are performed partially, then in proportion to the volume of work performed.

But, in any case, the amount of payment will be established by agreement between the employee and the employer.

“Install Smolina A.P. additional payment for performing the duties of a cashier in the amount of 10,000 rubles.”

• A document base. Link to the number and date of the document assigning additional work to the employee (additional agreement).
• Signature company manager and employee.

If an employee refuses to sign the order, another employee may be nominated to perform the duties.

• Requisites, indicated in individual cases. In cases where the assignment involves combining positions, the assigned position will be additionally indicated.

For example:

“Assign the duties of an engineer to the chief mechanic Rysin O.K.”

Is it possible on your own? Step-by-step instruction And useful tips- link.

In the process of industrial relations, non-standard situations often arise that require work to be performed without complying with the parameters of working conditions and payment, approved by the internal labor documentation of the business entity. Assigning additional responsibilities to an employee is possible only after obtaining the employee’s consent and completing the appropriate documentation. It does not take into account whether the additional work qualifies as the main job or not.

Adding additional responsibilities to the main job

Legislative regulation

When assigning additional responsibilities to an employee, one should rely on current legislative norms and internal documentation of the enterprise.

The list of responsibilities of each employee is determined by the terms of the employment contract, the elements of which must be reflected in job description. When preparing documentation, you should take into account the range of responsibilities regulated by a particular profession and the qualification requirements for it.

If there is a production need to perform work that is not taken into account by the internal regulatory documentation drawn up for a specific employee position, it is necessary to make appropriate changes to it. To do this, it is necessary to adjust the documentation regulating labor relations.

Legal norms

The Labor Code defines the rights of each employee of a business entity to work in accordance with the requirements of a formalized agreement with the employer. He is not authorized to assign additional duties to hired workers without obtaining their consent. To legally make changes to the documentation regulating changes in labor parameters, it is necessary to notify the employee in in writing about planned changes, no later than 2 months before their implementation. Adjustments to duties can only be made after receiving the employee’s written consent after two months from the date of the event.

It is worth noting that if, when the list of works is changed, the employee’s functional responsibilities do not change, then the internal documentation of the enterprise can be changed without the consent of the employees. After the internal documentation has been completed and put into effect, employees must be familiarized with the list of obligations set out in the new edition.

When additional responsibilities are necessary

Non-standard production situations that require additional obligations to be imposed on employees may be due to the absence of an employee from the workplace, whose responsibilities are transferred to the shoulders of other persons. The reasons for the event may be illness, vacation or medical examination. If the solution production task is within the competence of a specialist who has a specific qualification, a specialty for which is not included in the staffing table, then such obligations can be assigned to an employee who has the appropriate education and skills.

Dependence of labor parameters and remuneration on the applied method of assigning additional responsibilities

An increase in the volume of product output, as well as changes in production regulations, may require additional work not previously provided for by the business entity. New responsibilities may be assigned to an employee within the limits of his competence. It is important to correctly formalize additional responsibilities for the employee in order to eliminate later disputes regarding remuneration and incompetent performance of duties, which the employee may not be aware of.

The courts clearly state that assigning additional responsibilities to an employee if they are not specified in his job description is unacceptable.

When accepting a new employee, the employer enters into a contract with him employment contract. This document is fundamental in the relations between the parties labor relations, since it is it that contains the employee’s labor function, which, in accordance with Art. 57 of the Labor Code of the Russian Federation is to perform work according to the position in accordance with staffing table, profession, specialty indicating qualifications or the specific type of work assigned to the employee.
In accordance with Art. 60 of the Labor Code of the Russian Federation, it is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by the Labor Code of the Russian Federation and other federal laws.
An employee can perform work not stipulated by the employment contract, for example, replacing an absent employee, but in any case this must be justified from the point of view of labor legislation and formalized accordingly.
But there are cases when an employee is assigned to perform work that he should not do, without registering a transfer or combination. What does it say arbitrage practice in such cases?
The employee's job responsibilities, as specified in the employment contract or job description, must be clearly defined, understandable and consistent with the position held by the employee. When drawing up a job description, some employers include such a clause as carrying out other instructions from the immediate supervisor. What specific instructions are in this case must the employee perform and can he refuse if he considers that the assignment does not correspond to his position?

Example. Determination of the Judicial Panel on civil cases Supreme Court Republic of Komi dated June 14, 2012 in case No. 33-2195AP/2012.
The plaintiff filed a lawsuit against JSC "XXX" to cancel the order from... N... on the obligation to provide work stipulated by the employment contract and job description, the obligation to provide necessary equipment And technical documentation to perform the work, citing the fact that the order from... N... assigned him a duty not provided for by the employment contract and job description.
At the court hearing, the plaintiff supported the demands.
The defendant's representative did not admit the claims at the court hearing.
From the case materials, it appears that the plaintiff works at a branch of CJSC "XXX".
By Order N... the employment contract with the plaintiff was terminated due to absenteeism without good reasons. By a decision of the Vorkuta City Court that entered into legal force, the plaintiff was reinstated at work.
By order of the director of supply of Federal Joint-Stock Company "XXX" dated... N..., in order to properly monitor compliance with the conditions of storage of material assets, the plaintiff was entrusted with the obligation to check the storage conditions of goods and materials, equipment during the period from... to... in structural divisions the defendant and, based on the results of the inspection of each joint venture, submit a report to the director of DMTS writing on the last day of inspection of the structural unit.
Having disagreed with the order, the plaintiff appealed memo addressed to the Director of Supply, in which he indicated that the assignment of work under the order of... N... is work not provided for by his job description and job responsibilities.
By order of the HR director of Federal Joint-Stock Company "XXX", the plaintiff was reprimanded for failure to comply labor responsibilities, expressed in failure to comply with orders from... N...
Having assessed the evidence collected in the case in its entirety, the court of first instance came to the conclusion about the legality of the appealed order based on the fact that the work assigned by the defendant - checking the storage conditions of inventory and equipment - is included in the main duties of the position in which the plaintiff works, and by virtue of clause 2.1.2 of the employment contract, the plaintiff undertook to fulfill oral and/or written assignments, instructions, instructions and orders of immediate managers, not provided for in the job description, but related to the tasks and areas of activity.
Meanwhile, it is impossible to agree with the indicated conclusions of the court of first instance, since the circumstances relevant to the case were incorrectly determined.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract.
Articles 15, 57 of the Labor Code of the Russian Federation establish that the labor function is understood as working in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee.
The exercise of the right to conclude an employment contract is directly related to the employee’s right to perform work that corresponds to the labor function defined by the concluded employment contract.
Name of position, specialty, profession indicating qualifications - required condition employment contract. They determine the range of responsibilities of the employee. The legislator prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).
In accordance with the employment contract concluded between the parties, the plaintiff assumed the duties of a specialist in accordance with the job description; undertakes to carry out oral and/or written tasks, instructions, instructions and orders of immediate supervisors, other competent officials and authorized representatives of the employer, not provided for in the job description, but related to the tasks and areas of activity.
From the text of the job description it is clear that the main purpose of the position... is timely coordination in the SAP system and high-quality execution applications for the purchase of goods and materials with the implementation of all necessary operations. When concluding an employment contract, direct responsibilities and joint responsibilities were determined. Joint responsibilities include conducting annual and random inventories at UMTS warehouses.
Indeed, in accordance with the regulations on the directorate for material and technical supply of the branch of JSC "XXX", the main activities of DMTS include monitoring compliance with the conditions of storage of goods and materials and equipment in the warehouses of the structural divisions of JSC "ZZZ".
Taking into account the plaintiff’s labor function related to the execution of requests for the purchase of goods and materials, the panel of judges believes that assigning the plaintiff the duties of checking the conditions of storage of material assets in the warehouses of the defendant’s structural divisions is not included in the main responsibilities of the employee established by the job description. The defendant’s reference to clause 2.1.2 of the job description, in accordance with which the plaintiff undertook to carry out orders of immediate superiors that were not provided for in the job description, but related to the tasks and areas of activity, in this case cannot be taken into account, since the assignment of duties to the employee for all types of DMTS activities not related to the labor function defined by the concluded employment contract, it violates the principle of certainty of the labor function performed by the employee.
As can be seen from the case materials, in violation of the requirements of labor legislation, the employer assigned the plaintiff to perform work not stipulated by the employment contract, knowing about the plaintiff’s disagreement to carry out this order, it decided to bring the plaintiff to disciplinary liability.
Application disciplinary action for failure to fulfill duties not provided for in the employment contract is unfounded, and therefore the contested orders are illegal.

The employer issues an order to assign additional responsibilities to the employee. Is the employee subject to punishment if he fails to comply?

Example. Determination of the judicial panel for civil cases of the Tambov Regional Court dated July 11, 2012 in case No. 33-1536.
The enterprise issued an order to keep track of the working hours of the administrative and managerial apparatus in the central office and in branches.
09/29/2011 to the name general director a memo was received about the plaintiff’s failure to provide working time cards.
On 10/03/2011, the plaintiff reported the reasons for the lack of timekeeping cards, explaining that he does not belong to any category of subjects to which this order applies. By order dated October 21, 2011 N..., a disciplinary sanction was imposed on him in the form of a reprimand for his failure, through his fault, to fulfill the labor duties assigned to him.
The plaintiff filed a lawsuit against OJSC "XXX" to cancel the above-mentioned penalty.
By the decision of the Oktyabrsky District Court of Tambov dated March 21, 2012, the plaintiff’s claims were satisfied in full.
In satisfying the claim, the court indicated that the plaintiff was hired under an employment contract. The job description, with which the plaintiff was familiarized with signature, contains the job responsibilities listed in section. 2. It is not the plaintiff’s responsibility to keep track of working hours. Assigning additional responsibilities to an employee that are not stipulated by the employment contract and job description without his consent is not permitted. In this case, the employer does not have the right to refer to the emergence of “momentary” tasks facing the enterprise. In any case, the organization (enterprise) must have the employee’s consent to perform other work, and if he refuses, the employer does not have the right to force the employee to perform work not stipulated by the employment contract.
The court rejected the arguments of the defendant’s representatives that, according to the terms of the employment contract, the plaintiff is obliged to carry out orders, instructions and other local regulations employer, and therefore was obliged to obey the order to conduct timekeeping. An employee is obliged to comply with orders, instructions and other local regulations of the employer only to the extent that they relate to his function, and the implementation of timekeeping does not relate to his labor function.
In its appeal, OJSC "XXX" considers the court decision illegal and unfounded, and asks to cancel it. Indicates that the basis for imposing a disciplinary sanction on the plaintiff was the failure to comply with the order of OJSC "XXX" "On the timing of working hours." The court's conclusions that the plaintiff should not have executed it, since the order contained therein goes beyond the scope of the employment contract concluded between the defendant and the plaintiff, do not correspond to the circumstances of the case. The order prescribed by this order consisted of recording by employees of OJSC "XXX" the operations (functions) performed by them during the working day, provided for by job descriptions, indicating the time spent and did not entail for them a change or increase in the range of their work responsibilities. The employees who took part in self-timing did not perform any other work not stipulated by the employment contract; accordingly, the court had no reason to believe that they carried out additional labor duties.
The panel of judges comes to the following conclusion.
According to clause 2.2 of the employment contract concluded between the plaintiff and OJSC "XXX", the employee is obliged to conscientiously fulfill his labor duties assigned to him by this employment contract and job description, to carry out orders, instructions and other local regulations of the employer and his immediate supervisor.
Thus, the plaintiff is entrusted with the obligation to comply with orders, instructions and other local regulations of the employer.
At its core, timekeeping is a report on the work done in one’s position during the working day, photographing which is carried out. Therefore, the plaintiff had to comply with the disputed order.
The decision of the Oktyabrsky District Court of Tambov dated March 21, 2012 was cancelled. A new decision has been made in the case.
IN in this example Two points can be highlighted. Firstly, this is a decision of the court of first instance, in which the court indicated the inadmissibility of assigning to an employee responsibilities not directly provided for in the employment contract or job description. The court in the first example had a similar opinion. The decision was canceled due to the court’s incorrect interpretation of the essence of the order, in which it saw the imposition of duties not provided for by the labor function, although in essence the order did not in any way affect the employee’s labor function. Secondly, the regional court, overturning the decisions of the district court, indicated that if the order does not impose obligations beyond job responsibilities employee, it is subject to execution, and the employee’s refusal may result in disciplinary action being taken against him.

The employer issues an order to assign additional duties to the employee; the employee does not agree with the order, but still fulfills the assigned duties. How does the court look at this?

Example. Decision of the Livensky District Court of the Oryol Region dated June 24, 2015 in case No. 1/2-924/2015~M-799/2015.
The plaintiff filed a lawsuit against XXX LLC, in support of which she stated that the general director of XXX LLC issued an order assigning her the duties of the general director of the factory for the period of his next vacation in combination with her main job responsibilities.
She asks to cancel the order issued against her and to recover compensation for moral damage in her favor.
At the court hearing, the plaintiff supported the stated demands, explaining that she did not give her consent to perform work not stipulated by the employment contract as an additional burden to her job duties. When the order was brought to her attention, she did not agree with it. Since the general director did not accept her objections, and in order not to suspend the work of the factory, she was forced to issue a series of orders to manage the company.
The defendant's representative did not admit the claim. The Deputy for Economics and Marketing is one of the officials who can primarily apply for filling the position of the General Director during his temporary absence. Despite her objections, the plaintiff immediately began to fulfill the additional duties assigned to her and began to issue numerous personnel orders and orders regarding the release of products. According to the job description of the Deputy for Economics and Marketing, this executive is obliged to act as the general director in the event of his temporary absence without any additional consent.
The court comes to the following conclusions.
It follows from the order of the general director that, due to his being on vacation, he entrusts the temporary performance of his duties to the plaintiff along with the work specified in the employment contract.
This order was brought to the attention of the plaintiff, which she did not deny, but explained that she did not give her consent to combine responsibilities for additional work not stipulated by her employment contract.
The order does not contain the employee’s note indicating her consent to the additional workload in order to combine it with her main responsibilities.
However, the argument of the defendant’s representative that the plaintiff was obliged to perform the duties of the general director during his temporary absence in order to combine with her main job functions without her consent was not confirmed at the court hearing.
The submitted documents do not establish such an obligation, in accordance with the testimony of witness B., executive director factory, the plaintiff’s job description did not provide for such a duty; the duties of the general director were not assigned to any of the factory employees according to their official duties; the general director always chose who would perform his duties during the period of temporary absence.
The defendant did not provide evidence that the employee agreed to the additional workload.
The argument of the defendant’s representative that the plaintiff actually approved his order, having begun to perform the duties assigned to her, does not indicate the employee’s consent with the employer’s actions, since the performance of duties in this situation on the part of the plaintiff could have been dictated by the need to fulfill the issued order in order to compliance labor discipline. Employee consent, as provided labor legislation, must be expressed in writing, which may indicate the freedom of the agreement reached between the employee and the employer.
In the absence of this condition The court believes that the actions of the general director of the company to assign to his deputy, in order to combine the duties of the general director with the main responsibilities, violate the provisions of Art. 60.2 of the Labor Code of the Russian Federation, and, accordingly, the rights of the employee. In this regard, the court finds the plaintiff’s demand for compensation in her favor for moral damages for this basis justified.
The claim was satisfied.

When considering this category of cases, the courts quite clearly indicate that assigning additional responsibilities to an employee if they are not specified in his job description is unacceptable.
Therefore, it is very important not only to properly formalize the assignment of additional responsibilities, but also to ensure that the provisions relating to the employee’s job responsibilities are spelled out as clearly as possible, do not contain vague wording and do not allow multiple interpretations.

extra work

How the assignment of new job responsibilities is regulated by law

Many employees have probably had to deal with attempts by their employer to obligate them to perform any additional work. Moreover, some employers approach this issue from a position of strength, declaring that in any case they will force the employee to perform additional duties, and at the same time they strive to either save on paying for additional work or not pay for it at all. This state of affairs is fundamentally contrary to the interests of employees.

Let us consider the issues of assigning additional responsibilities to an employee in the form in which this procedure is regulated by the legislation of the Russian Federation.

ADDITIONAL WORK AND ITS TYPES

The scope of work of a particular employee and the list of his job responsibilities are determined upon hiring and are enshrined in the employment contract and job description. For completing this amount of work it is established wage, the size of which is also fixed in the employment contract. Unilateral deviation by the employer from the terms of the concluded employment contract, including an increase in the scope of work, is not allowed.

At the same time, situations often arise when there is no one to do this or that work. There is only one reason - a shortage of workers, but the roots of this reason can be different: a person got sick, went on vacation, quit (or was fired at the initiative of the employer), the scope of activity expanded, the volume of work increased, etc. To quickly resolve such problems, the legislation provides for the possibility of assigning the necessary additional work to one of the existing employees.

The employee may also have a certain interest in doing additional work - the possibility of additional income.

Part 1 art. 60.2 of the Labor Code of the Russian Federation establishes: with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay.

Taking into account the provisions of Part 2 of Art. 60.2 of the Labor Code of the Russian Federation, additional work assigned may be carried out in various forms depending on whether it is provided this work profession (position) of the employee.

1. If an employee is entrusted with work in another profession (position), then such work can be carried out by combining professions (positions). It is necessary to immediately identify the differences between working on conditions of combining professions (positions) and part-time work. These two types of works, which have similar names, at the same time are fundamentally different in their content.

Work under the conditions of combining professions (positions) involves the employee, along with his main work, which is provided for in the employment contract, additional work in another profession (position). Such additional work is performed within working hours at the main job (during the working day, shift) and cannot be carried out outside working hours.

Unlike work on conditions of combining professions (positions), part-time work can be performed by an employee either for the same employer or for another. Part-time work requires the conclusion of a separate employment contract and is performed only in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation).

2. An employee may also be assigned additional work within the framework of his profession (position). Such work may be accomplished by increasing the scope of work or expanding service areas. In this case, the person actually does his job, but on a larger scale.

3. In addition, additional work in a different or the same profession (position) may be assigned to perform the duties of another, temporarily absent employee who is on sick leave, on vacation, on a business trip or absent for other reasons, and in accordance with the legislation he retains his place of work (position).
The legislation does not establish any restrictions on assigning additional work for an absent employee to more than one employee; in such cases, each of them takes on a certain part of the work of the absentee.

In all of the above cases, the employee is not released from his main job and performs additional work by tightening the labor process, increasing labor intensity, and using hidden reserves of working time. To perform additional work, you do not need to enter into a new employment contract.

The second part of the article will discuss issues related to the timing, content, volume of additional work, its execution, and payment.

Denis ZHURAVLEV, legal consultant

The ending follows

It is possible to assign additional responsibilities to the employee in the form of combination. This article discusses the features of using various options.

Now, when organizations are saving on personnel, many functions that were hired by a new employee before the crisis are distributed among the old ones.

When concluding an employment agreement (contract) in accordance with Art. 19 Labor Code RB (hereinafter - LC) between the employer and the employee determines the employee’s labor function (work in one or more professions, specialties, positions indicating qualifications in accordance with the employer’s staffing table, functional responsibilities, job description).

The range of functional duties that each employee must perform in his profession, specialty, qualification or position is determined by the Unified Tariff qualification directory jobs and professions of workers, the Unified Qualification Directory of Employee Positions, job (work) instructions, regulations, technical rules, regulations.

In this case, the functional responsibilities of the employee relate to the essential terms of the employment agreement (contract). A complete listing of the employee’s functional responsibilities is, as a rule, set out in the job description (work) description, and the employment agreement (contract) provides a direct reference to these instructions.

When hiring, the employer is obliged to acquaint the employee with signature with the assigned work, conditions and remuneration and explain his rights and obligations (clause 2 of article 54 of the Labor Code). The employer does not have the right to require the employee to perform work not stipulated by the employment contract, except for cases provided for by legislative acts (Article 20 of the Labor Code).

The employer is obliged to organize the work of employees in such a way that everyone performs work in their specialty and qualifications in accordance with the position or profession defined in the concluded employment contract, during working hours. In the Labor Code there are 2 similar ways to assign additional responsibilities to an employee: internal part-time work and combination of professions (positions). Let's figure out which option is more suitable in your situation.

How does combination differ from internal combination?

Both combination of professions (positions) and internal part-time work means that in addition to the main one, the employee has some additional work in the organization. Moreover, it does not have to be related to the main position (for example, it is not forbidden to combine the work of a telephone operator and, for example, a courier). The difference between combination and part-time work is subtle, but fundamental for document flow. Combination means that an employee has additional responsibilities in addition to his main job in the organization.

The legislation establishes that combination is the performance by the same employer, along with one’s main work, stipulated by an employment contract, of additional work in another profession (position) or the duties of a temporarily absent employee without release from his main job during the working day established by law ( work shift) (part one of Article 67 of the Labor Code).

IT IS IMPORTANT! When combining both work - both primary and additional - the employee performs work time. But internal part-time work assumes that the employee, having completed the main job, begins additional work. Thus, he performs part-time work in his free time from his main job. At the same time, he occupies the corresponding vacancy part-time.

The legislation establishes that part-time job - this is the performance by an employee, in his free time from his main job, of another permanently paid job for the same or another employer under the terms of an employment contract (part one of Article 343 of the Labor Code). The length of working time established by the employer for part-time workers cannot exceed half of the normal working time established by Art. 111-114 TK (Article 345 TK).

In accordance with the provisions of Art. 346 of the Labor Code, remuneration for part-time workers is made in proportion to the time worked. When established, working part-time with time-based payment For standard tasks, payment is made based on the final results for the amount of work actually completed. Work performed by part-time workers for the same employer while performing another function, as well as for another employer in excess of the main work time, is not recognized as overtime (clause 3 of part two of Article 119 of the Labor Code).

It is clear that at what time the employee is engaged in the main work and at what additional time, most often it is not tracked in any way, and this is impossible. Therefore, as a rule, you can arrange both an internal part-time job and a combination of your choice. The exception is situations when it is obvious that it is more correct to use one or another option. For example, the courier is assigned the duties of a telephone operator specifically in the evening hours.

It is clear that in this case it is more correct to arrange an internal part-time job. But if you do not specify exactly what hours the courier also works as a telephone operator, you can arrange both a part-time job and a part-time job. Meanwhile, it is easier to arrange a combination: there will not be as many documents as with a part-time job, and the accountant will be able to avoid conflicts with inspectors, who often find fault with the calculation of individual payments to part-time workers.

In addition, if the organization no longer needs the employee to perform additional functions for a fee, it is much easier to terminate the agreement with him with a combination of jobs than with a part-time job.

Combination requires less documents than part-time

If the employee will combine responsibilities, there is no need to draw up a second employment contract, as with a part-time job. It is enough to conclude with the employee additional agreement to the current employment contract. In the agreement The following conditions must be specified:

Additional duties and the period of time during which they must be performed;

Amount of additional payment for work;

Make a note that the employee agrees to combine 2 or more professions (positions).

When establishing an employee in accordance with Art. 32 and 67 of the Labor Code of Combination, it is necessary, in connection with justified production, organizational or economic reasons, to notify the employee in writing no later than 1 month in advance of a change in significant working conditions (establishment of combination).

If the employee agrees, issue an order (instruction) to establish the combination. If an employee refuses to continue working due to a change in significant working conditions, it is necessary to issue an order for his dismissal in accordance with clause 5 of Art. 35 TC, make the final payment, make an entry in work book and issue it to the employee on the day of dismissal.

Additionally, it should be noted that in order to assign additional responsibilities to an employee ( additional functions) for another profession (position), it is necessary to have justified production, organizational or economic reasons. Otherwise, the dismissal of the employee due to refusal to continue working with the changed employees essential conditions labor according to clause 5 of Art. 35 of the Labor Code may be regarded as illegal.

Important Terms

When assigning additional work to an employee or assigning additional functions in another profession (position), consider the following important conditions:

Additional work (additional functions) should not deteriorate the quality of the main work performed by the employee;

The assignment of additional work (assignment of additional functions) must be economically feasible;

Performing additional work (functional responsibilities) in the relevant profession (position) requires the employee to have the appropriate qualifications.

Thus, additional work (functional responsibilities) can only be assigned in writing and subject to the above conditions. Please note that when combining, it does not matter how many hours the employee needs to complete the additional work. But part-time work cannot take more than 4 hours a day, except for cases provided for by law (50% of the monthly norm).

When combined there are no such restrictions. This means that the amount of additional payment can be any - not necessarily half the salary.

The work is also simplified by the fact that the time that the employee spent on additional duties does not need to be reflected in the time sheet. In addition, an entry about part-time work in the employee’s work book is made at the request of the employee at the place of his main job (clause 6 of the Instructions on the procedure for maintaining work books of employees, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated 03/09/1998 No. 30).

The basis for the entry is a document confirming part-time work (an order from the employer, if the part-time job is established within one employer, or a copy of the order of another employer for whom the employee works part-time). The entry is made according to the general rules established by the said Instructions, with an additional indication that the employee is being hired on a part-time basis. In case of combination in a work book Additional Information, as a rule, is not entered.

It is easier to remove additional responsibilities when combining them than when working part-time.

When combining, it is assumed that the employee performs additional work temporarily. The organization has the right to stop engaging an employee in additional work at any time; all you need to do is issue an order from the director. To terminate an employment contract for part-time work, you must follow other rules.

If management decides to hire a new employee, they should be notified about this. internal part-time worker. His consent is not needed in such a situation. But if there is no need for a part-time worker for other reasons (for example, due to a reduction in the amount of work), then general rules. That is, it will be possible to terminate a part-time contract only for the reasons listed in the Labor Code (for example, by agreement of the parties).

Alexey Parkhimovich, leading labor economist

Return