Order to cancel additional payment for combining positions (sample)

Combination of positions is the performance by a company employee of additional work in another place (Article 60.2 of the Labor Code of the Russian Federation), while cancellation of combination at the initiative of the employer implies the dismissal of a subordinate from his position. The manager hires a part-time employee when one of the employees is unable to perform their duties due to health reasons or goes on a business trip. Before a company employee begins to fulfill his obligations, it is necessary to draw up a combination agreement, taking into account the wishes of both parties.

Internal combination is beneficial to both the management of the enterprise and the employees, because it helps the former to solve the problem with personnel, and the latter to get the opportunity to earn additional income. But when there is no longer a need for such a procedure, the manager has the right to terminate the agreement with the other party. The employer is forced to notify about his decision three days before issuing an order to cancel the combination, which will be the final stage of canceling the combination. Once the combination of positions has been cancelled, there is no longer a need to pay the premium.

Procedure for canceling combined positions

The process of canceling the combination of positions takes place in accordance with the provisions of the Labor Code. It is important for the manager to take into account all the nuances of documentation in order to avoid possible mistakes. To completely terminate the secondary employment of an employee, you need to know how to draw up three acts:

application for cancellation (at the initiative of the employee);
order;
additional agreement.

Is there a concept of “firing a part-time worker”?

Release from a part-time (not to be confused with part-time) position is not legally considered dismissal. In official documents, this procedure is called “oh, calling it “part-time dismissal” would be a factual error.

Thus, in order to correctly remove an employee from a part-time job, you will need to initially correctly draw up an additional agreement and order.
If the desire to remove an employee from one of their positions comes from the employer, then notification addressed to the employee will be required. It is important to inform the employee of the end date for additional payments. In contact with

Drawing up an order

If the cancellation of the combination occurred at the initiative of the employer, then the process begins by warning the subordinate three days before drawing up the act.
Next, an order is issued indicating the termination of this form of cooperation with the employee. Verbal termination of the agreement is not acceptable. The boss's order is drawn up on the basis of a unified template. It should consist of two sections: the first section deals with the cancellation of combining positions, while the second paragraph should contain information about the cancellation of further payments. The decree must necessarily contain information about the reason for refusing to resign, and this also applies to situations where the employee himself wants to resign.

The above information is only relevant if we are talking about an open-ended relationship. If we are talking about a fixed-term relationship, then the employment contract ends automatically, and there is no need to draw up a protocol. Drawing up an act may also be necessary in case of early termination of the employment relationship. Situations when it is possible to cancel a combination of positions are presented below in this material.

Registration procedure

Refusal of combination or its cancellation has a rather complicated procedure.

The employer needs to take into account all the nuances of documentation in order to avoid annoying mistakes.

Three main documents are required (application or notification,

order and additional agreement), as well as strict adherence to the procedure.

At the first stage, a warning (notification) is made to the second party.

If the initiator is an employee, he writes and submits an application addressed to the head of the organization, institution or enterprise. This document does not have a single (unified) form, so it is written by the employee by hand.

The request is presented in free form, however, it is necessary to enter the main points and information:

Contact the management indicating the last name, first name and patronymic, as well as the position of the manager.
Enter the last name, first name and patronymic of the employee, as well as indicate his position.
Write the exact title of the document (it is placed in the center of the sheet).
Briefly and clearly state your request to terminate your employment as a part-time worker.
Enter the date the document was created, as well as your signature with a transcript.

If the initiator is the employer, he also draws up a notice in free form. Labor legislation does not provide a single form for this document. The document contains the following blocks:

Full name (about early cancellation).
An appeal to the employee with a brief statement of the essence of this appeal. As a basis, the article of the Labor Code under number 60.2 is indicated and information is entered on the agreement, which was amended by an additional agreement (registration number, date of signing of the agreement).
The manager’s signature contains a transcript and an indication of his position. For example, “General Director Sidorov V.I. (Sidorov Viktor Ivanovich)"

Having received the notification, the employee puts his signature on it (the wording “I have read the notification”). If the application is submitted by the employee himself, the employer is obliged to impose a handwritten resolution on him. This entry also serves as confirmation that you have read the document.

At the next stage, management issues an order. The basis for publication is a statement or a notice sent by the manager and signed by the employee, as well as an additional agreement.

Moreover, according to modern labor legislation, the agreement is drawn up both when hiring an additional workplace, and when canceling such work activity.

The document contains:

Full title and date of compilation.
A laconic listing of the conditions or reasons for terminating this combination.
Details of both parties. These include the TIN of a legal entity, its registration number, postal address and zip code, and contact numbers. For the employee, passport data, telephone number, and home registration are indicated.
Signatures of both parties with transcript.

The order also does not have a single form, but it is possible to draw up the document on a form approved by a specific enterprise or organization.

The document contains the following points:

The name of the legal entity, the name of the locality in which this legal entity is located, the number and date of publication of the document.
The title of the document, placed in the center of the sheet.
Brief instructions. For example, “in connection with the hiring of an employee on a permanent basis, I order.” The details of the document that serve as the basis must be given. In the above example, you should indicate the number and date of signing the agreement under which the new employee was hired.
The manager's order consists of two points. The first states that such and such employee’s job has been terminated. The second indicates that additional payments for combining are no longer accrued to him.
The basis for this is the signing of an additional agreement.
The manager’s signature with a transcript is placed below.

An order to remove the combination can be found here.

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Conditions for canceling a combination by a manager

You can read about all the main aspects of ending a part-time job in Article No. 60 of the Labor Code of the Russian Federation.
The specifics of the opt-out process depend on the specific terms of the employee's contract. To prevent the occurrence of possible labor disputes, the decree must be drawn up in accordance with all the rules of the current Labor Code of the Russian Federation. It is worth remembering that the employee himself has the right to refuse to combine and perform additional duties. Perhaps the employee is no longer attracted to the position under the agreed terms.

Regulatory framework and features

The provisions that regulate combination and part-time work are presented in the Labor Code of the Russian Federation - these are articles 60.1 (part-time work) and 60.2 (combination).

Labor Code of the Russian Federation

First you need to understand what is meant by combination.

Combination is work that a person does in conjunction with his main activity within the working day for the same or another position for additional money.

At the same time, the quality of the main work should not suffer.

Not to be confused with part-time work, which is regular work in your free time from your main activity, and possibly with another employer.

Article 60 of the Labor Code of the Russian Federation provides detailed information on this topic.

Conditions

To register a combination, the following conditions are required:

The appointed employee must have experience and skills in the combined work.
Combination is possible if a person is able to perform a specified range of tasks during working hours on his territory, without compromising his main job.
The staffing table contains a combined position.
The work is performed by mutual agreement of the parties.
The work can be divided among several persons, and one person can combine several positions.
Both parties can terminate this relationship by giving three days notice before the end.

Period for which the combination can be registered:

A specific period can be selected with a start and end date.
The period may be prescribed by a condition for termination, for example, the return to work of an absent person or a circumstance, for example, illness, business trip, study of the main employee.
It is more economically feasible to combine some positions than to have a permanent person in it. In this case, the period can be determined as permanent.

Works to be combined:

Work other than the main one. For example, a foreman combines the position of a driver, driving around objects independently and performing work transportation.
Increasing the service area or increasing the volume of work on core activities. For example, an accountant combines the work of the chief accountant while he is on vacation.

In this case, when combining, the following payment conditions may be established:

The surcharge can be set to a fixed amount.
May be calculated as a percentage of the employee's daily earnings.
It is set as a percentage of the hourly rate of the combined profession.

The Labor Code of the Russian Federation does not regulate the maximum standards for the minimum and maximum levels.

It only stipulates here that the amount of payments is limited to the savings in the wage fund of the unemployed rate and is established by agreement of the parties.

The basis for completing the combination can be:

The end of the period established by the documents.
An employee was hired for a vacant position.
The employer no longer needs this work.
The employee is not satisfied with such work under the agreed conditions, and he does not want to do it anymore.

How is dismissal carried out under a fixed-term employment contract? Find out from our article. Is it possible to cancel an employment contract at the initiative of the employee? Read here.

Dismissal after certification

There are often situations when a manager decides to cancel combining positions after passing certification. The procedure for dismissing workers is determined by federal and regional regulations. According to Article 81 of the Labor Code, an employee must be notified of a reduction in staff no later than two months in advance.

Separately, it is worth considering the situation when a part-time worker has not confirmed his qualifications in his main place. In such cases, the employer has the right to offer the employee to work part-time full-time if his qualifications allow him. However, here an incident arises - first, it is necessary to cancel the part-time job by dismissing the employee, and only then conclude a new contract with him in the main position. The entire procedure is regulated by Article 288 of the Labor Code.

Personnel nuances

When stopping combining positions and professions, you must remember the following important nuances:

if initially the additional agreement to the employment contract indicated the date of termination of the combination, then there is no need to generate an order and notify the employee about the cancellation of his duties;
if the fact of combination was not initially indicated in the employment contract, then drawing up an additional agreement is strictly necessary;
all documents regarding the combination must be drawn up in two copies - one is deposited in the HR department, the second is handed over to the employee for signature.

How to draw up an order to cancel combining positions? You will find a sample in our article. Is it possible to work part-time while on maternity leave? Read here.

How to draw up a part-time employment contract? Find out from this material.

Dismissal due to the employment of other employees

As stated in Article 288 of the Labor Code, this is only relevant for those who work part-time. An employee cannot be removed from his position in connection with the employment of a new subordinate, since the employer has no legal grounds for this. It turns out that a new employee can only apply for an additional position, which will subsequently become his main one. It is also worth noting that this only applies to those individuals who have entered into an open-ended contract with their employer. The employee must be notified of the replacement no later than 2 months before dismissal. Information must be provided exclusively in writing.

Important! To avoid future litigation, it is recommended to keep two copies of the notice at the same time (the first one should be given to the employee, and the second one should be kept with you).

After this, a standard stop order is submitted above, all the nuances of drafting which were indicated above. In some cases, the agreement may provide for subsequent payment of severance pay.

How to remove a part-time job from an employee at the employer’s initiative

Ovechkin Draw up the notification in any form The employee must be notified of termination of work in the combination of professions mode no later than three working days. Indicate the date from which work in the combination of professions mode is cancelled. Introduce the employee with the notice for signature. Sample: Order No. on the cancellation of combination of positions. »» 200 g. In connection with the hiring of a permanent employee for the position of courier, I order:

On the other hand, the absence of a second order (for part-time work) on hiring, the absence of an employment contract on part-time work, and the employee’s actual performance of work within working hours indicate that the work was performed on a part-time basis. It seems necessary that in this matter the parties bring the documents into proper form, resolving the issue under what conditions the additional work is performed. We are inclined to believe that the additional work in this case is performed on a part-time basis, since it occurs within one working time, for which the employee was not paid a salary, but an additional payment of 0.5 times the rate.

Features of payment cancellation

Internal matching work is usually paid based on the amount of time spent fulfilling contractual obligations. The amount of the surcharge is determined individually, and its specific amount must be indicated both in the agreement and in the cancellation order.

There are companies that provide a fixed system of additional payments, which were stipulated in the regulatory documentation. The head of the company may refer to this document when drawing up a decree to terminate the combination.

To remove the additional payment for combining positions, you can write a separate decree. Its text will look approximately as follows: “...Cancel the additional payment to I.I. Ivanov for a combined position, the amount of which is 00 rubles 00 kopecks from 01/01/2017.”

After a person is dismissed from another position, he is given a copy of the order so that changes can be made to the work book on its basis. If the employee remains working in the main position, then the work book is not issued to him.

How to remove a part-time job from an employee at the employer’s initiative

The order must be issued within three days from the moment the employer receives the application from the employee or from the moment the employer sends a notice to the employee. Dear readers, the information in this article may be out of date. Author of the article Andrey Chernov Lawyer. Practice in real estate, labor law, family law, consumer protection.

The completed order must be signed by both the employee and the employer. After which the document is filed in the employee’s personal file. To avoid controversial situations, the employer and employee should take care of timely notification. If the agreement is terminated early, the employer sends notice three days before the termination of the combination. An employee who wishes to stop additional work also submits an application three days before the termination of additional work activity.

Ways to stop alignment

Termination of combination is a rather complicated procedure that requires strict compliance with all documents of the highest legal force.

The grounds for termination include:

official registration of another specialist for a specific place;
expiration of the period of performance of the agreed functions;
eliminating the need for this profession for the enterprise;
violation of at least one of the points of the written agreement on the part of management;
violation of labor laws;
legal incorrectness of drawing up an employment contract or agreement;
personal initiative of the employee.

The ways to terminate the agreement may be:

proactive (early) termination - one of the parties to the agreement expressed a desire to terminate the relationship on the grounds given above;
automatic termination (urgent) – upon the arrival of the specified date for completion of duties.

Legislation

The regulation of labor relations of this kind has a fairly extensive regulatory framework:

The possibility of performing additional functions during regular working hours is provided for in article of the Labor Code under number 60.2. To assign additional work to an employee, the employer must obtain his written consent.
Additional payment for additional work is calculated in accordance with Article 151 of the Labor Code and the agreement of the two interested parties (employee and employer).
Termination of part-time work is carried out in accordance with Article 72 of the Labor Code. It should be taken into account that this is not annulment of the main agreement, but only a cancellation (change) of the previous agreement.

You should also remember that you can get a part-time position only at one enterprise or in one organization or institution. This is an internal type combination. For the external combination of two positions, the law provides for another term - part-time work, which requires the mandatory signing of a separate agreement.

Is it legal to remove a part-time job without the employee’s consent?

In addition to the grounds provided for by this Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person at least two weeks before the termination of the employment contract (Article 288 of the Labor Code of the Russian Federation).

I work as a teacher of additional education plus 0.5 times as a laboratory assistant. By order of the director, 0.5 of the part-time salary was removed from me and transferred to another employee. There was no written consent on my part. Oksana

How to write a request

There are no legal requirements on how to write an application for refusal of combination. The appeal is presented in free form, the main requirement: the text must clearly indicate the employee’s disagreement to perform additional work in the future. The document should indicate:

FULL NAME. and the position of the addressee: the head of the organization or other official who is authorized to make official personnel decisions;
Full name, position in the organization and personnel number of the applicant;
what kind of work the employee refuses: the name of the rate, details of the agreement, according to which these responsibilities fell on his shoulders;
a clear refusal, the wording should not leave doubts about the interpretation and room for double interpretation;
link to article 60.2 of the Labor Code of the Russian Federation, which establishes the possibility of refusing combination;
the date from which the applicant intends to stop performing additional work.

The document is signed and dated by the applicant.

Retrenchment of a part-time worker: procedure and step-by-step instructions for dismissal at the initiative of the employer

Internal workers are part-time workers who work in one organization or for one individual entrepreneur. But these employment relationships should not be confused with expanding the service area or combining positions, where an additional payment is made in a fixed amount or as a percentage of the basic salary by order of the manager without drawing up a second employment contract.

The part-time worker has a second contract concluded with one employer . Accordingly, it is permissible to terminate it without dismissal from the main position. At the initiative of the employer, such an employee can be dismissed in accordance with Article 288 of the Labor Code of the Russian Federation if a permanent employee is hired in his place.

Legal basis

The legal basis for combination is established in Art. 60.2, 151 of the Labor Code of the Russian Federation. They involve regularly performing additional duties during the working day for additional pay. You can combine your obligations:

with equivalent functions (for example, the duties of a lawyer with the duties of a legal assistant);
with other work (for example, combining the position of HR specialist and secretary).

It is necessary to distinguish from part-time work part-time work, which is carried out in the time free from the performance of basic labor functions. Combination is only possible with the same employer. On the contrary, you can work part-time in different organizations.

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Important! The employee combines his duties with other job functions based on the order of the manager. Additional wages should be established for this.

You can remove additional obligations from an employee:

at his request;
at the initiative of the employer;
by mutual agreement.

Combination powers may be terminated:

upon expiration of the period specified in the order;
ahead of schedule (for example, if a permanent employee was hired for this position or the employee does not want to perform additional functions).

Upon expiration of the combination period, job responsibilities terminate automatically. When an employee is released early from combined work functions, the employer must issue an order.

How to remove internal combination from an employee at the initiative of the employer

Then you need to issue an order to remove the combination of positions, a sample of which will be presented below. The issuance of an order will confirm the completion of cooperation between the employer and employee in terms of combination. The order must be issued within the above three days.

Thus, the employer has the right at any time to cancel the order to perform additional work as a combination and the additional payment for it, warning the employee in writing no later than three working days in advance. At the same time, the employer is not obliged to give the employee reasons why additional duties and additional payment for them are being removed.

How to refuse part-time work

How to file a claim in court?

Yu.V. Krylov appealed to the Supreme Court of the Russian Federation with a complaint to declare the above-mentioned provision of the legal act illegal (ineffective), citing its inconsistency with the current legislation of the Russian Federation. Some issues of compliance with claims or other pre-trial dispute resolution procedures Correct filing of a claim.

Pre-trial order. Whatever you call the boat, that’s how it will float! Return of the criminal case in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation for the imputation of new crimes, violation of the Code of Criminal Procedure of the Russian Federation? No, reality. I am asking for help in developing the legal structure of a joint business between Russian and foreign companies. Damage was caused to the property and apartment by the actions of the tenant. The judge did not accept the claim for proceedings due to the documents attached to the claim not being properly certified.

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If possible, you should send this refusal by registered mail, with a description of the attachment. If the initiator in such a situation is the employer himself, then he is also obliged to notify his employee in advance about the termination of the additional agreement to the employment contract.

It is imperative to do this against signature, otherwise this procedure will be illegal. Today, combining positions can be: This point is necessarily indicated in a special additional agreement. If an employee wishes to refuse combination work, he will need to notify his employer no later than 3 working days in advance - in accordance with Article No. 60.2 of the Labor Code of the Russian Federation.

If the initiator of termination of the additional agreement is the employee, the deadline is not set.

{amp}gt;How to refuse combining positions

The Labor Code of the Russian Federation allows free use of one's own labor resources. One of these opportunities is performing functions in several positions for one employer. Article 60.2 of the Labor Code of the Russian Federation makes it possible for the employer and employee to agree that the employee performs additional work during working hours, in addition to the duties at his rate. To assign new functions to an employee, in addition to the basic ones, it is necessary that two conditions be simultaneously met:

establishment of additional payment;
obtaining the employee's written consent.

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An employee has the right to refuse to perform duties that do not relate to the basic pay:

when initially discussing the granting of new powers. For example, when an employer sends an employee a formal agreement to assign additional responsibilities, on this agreement, without signing it, the employee writes “Disagree” and signs this resolution;
at any time after the conclusion of the agreement, the employee has the right to submit a written request for refusal. It is submitted at least three days before the expected termination of duties.

The employer does not have the right not to accept the employee’s refusal and neglect his will.