How to cancel a combination at the initiative of the employer

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Published: 08/07/2016

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Combining two or more positions (professions) means that an employee performs additional work duties during working hours. Such work activity does not allow the employee to work during free time from the main work functions. It is necessary to have time to complete all basic and additional work within one working day.

A characteristic feature of combination is the absence of a separate agreement. New working conditions are prescribed in an additional agreement, partially amending or supplementing the main contract. Cancellation of a combination or removal of additional labor functions also requires documentation, since the employee was engaged in official work activities.

• Legislation
• In what cases is it permissible to terminate the combination?
• Registration procedure
• Important points

Causes

Deregistration usually occurs for various reasons. The initiative can come from both parties; it is desirable that this decision be agreed upon. The employee must be aware of the employer's decision, but the manager is not required to formulate the reason for the cancellation.

At the initiative of the employee

An employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

Often the refusal is dictated by the unsatisfactory level of additional payment - its amount is usually established by a local order and is fixed.

According to Art. 60 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of the early termination of his additional duties three working days in writing.

At the initiative of the employer

This often happens due to the employee’s dishonest performance of his duties or disciplinary violations. The employer does not need to coordinate the removal of multiple positions with the employee . The legislation only requires issuing an order to terminate the combination from a certain date (Article 60, Part 2 of the Labor Code of the Russian Federation) and a notification . After this, the employee must familiarize himself with the document no later than three working days and put his signature on it.

From the date of cancellation, the employer is not obliged to make additional payments (Article 151 of the Labor Code of the Russian Federation).

Cancellation Conditions

The conditions for canceling this kind of combination are indicated in Article No. 60.2 of the Labor Code of the Russian Federation.

According to this legal act, if an employee does not want to perform his additional job duties, he must notify his employer about this in advance.

Moreover, this notification must be in writing. 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.

How to apply

According to the Labor Code, the process of registering a refusal is regulated by Article 60 (establishes the possibility of transferring additional powers to an employee with his consent) and Article 151 (denotes the payment regime).

The process of canceling an additional labor agreement on combinations is not identical to the liquidation of an employment contract.

HR department employees are also advised to familiarize themselves with the appeal ruling of the Moscow Court No. 33-19209/14 and No. 33-25641/14.

Statement

A cancellation application is required if this step is an employee initiative. It must be in writing, in two copies.

The application form can be arbitrary; a specific format for this document is not established by law. The application must include the following information:

• Date of preparation;
• the person to whom the document is addressed (directly the head of the organization);
• a succinctly stated requirement to terminate the combination, indicating the reason for refusing additional work;
• signature of the employee and the person accepting the application (HR employee, accountant or boss).

Upon receipt of an application for early termination of the contract, the HR department must issue 2 types of documents: on the termination of additional work activity and on the elimination of the additional payment.

Order

The order is a mandatory document for canceling the combination. Its main function is to record changes in the employee’s labor status. The order will help plan staffing and eliminate the accrual of additional payments.

If the supplementary agreement initially contains a start and end date, then there is no need to issue an order.

The main reasons for placing an order:

• Hiring a new employee for a vacancy. For example, “based on Part 4 of Art. 60.2 and art. 151 of the Labor Code of the Russian Federation in connection with the occupation of a vacant position (indication of the position).”
• The manager no longer needs the services of the employee or the employee is not satisfied with the work schedule or the amount of payment.

The wording in the order should be as follows: “based on Art. 60.2 I order to remove (full name of the employee, his position) from performing additional work.”

A sample of filling out an order to cancel a combination may look like this:

Rules for placing an order:

1. In the upper right corner there should be the full official name of the organization, the locality in which it is located, and its address. Here you need to enter the date of registration.
2. The full name of the document is “On Cancellation of Combination” (located in the center of the form).
3. Information about the employee with whom the additional agreement is terminated (his full name).
4. A reference to the legislative acts according to which the document is published (most often, Article 60 of the Labor Code of the Russian Federation is used).
5. An order indicating the essence of the order.
6. The fact that the employee was deprived of additional pay must be indicated.
7. The grounds for termination of additional functions are determined (information about the additional agreement, its number and date is entered).
8. The order is signed by the employee and the manager, and the wet seal of the institution is placed on the form.

Notification

Drawed up if the termination of additional duties of an employee occurs at the initiative of the employer. There is no single form for this document; it is drawn up arbitrarily, but the notification must contain the following items:

• full name of the document (“On early cancellation”);
• contacting the employee with a brief summary of the essence of the notice. The basis is usually Art. 60 clause 2 of the Labor Code of the Russian Federation;
• information about changes in the contract, its registration number and date of signing;
• signature of the authorized person and its transcript, indication of the position of the manager.

After reading the notice, the employee must sign it, confirming that he is informed about the document and has received one copy.

If a notice was not sent to the employee, the order reflects only the fact that the additional payment was withdrawn.

Additional agreement

An additional agreement is a mandatory document when registering a part-time employee. It is in it that the terms for filling a vacant position, official responsibilities and payment regime are initially stipulated. In accordance with the law, it is issued both at the beginning of the combination and when it is cancelled.

If there is no fact of combination in the employment contract, the agreement must be formalized without fail.

Document structure:

• registration number;
• number of the employment contract for which the agreement has been prepared;
• details of the parties.

Features of surcharge withdrawal

For combining positions and professions, additional payment is always required.

At the same time, HR department employees should definitely understand some important issues.

Do you need an order?

The presence of an order is always strictly necessary in the absence of a combination designation in the employment contract.

In this case, there is no need to draw up a separate order - the termination of payment is formalized as a separate clause in the main order to cancel the combination.

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

Is an additional agreement required when combining positions?

According to the Labor Code of the Russian Federation, it is not necessary to amend the act on cooperation of the parties. Because work is not the employee’s key occupation, therefore, changes should not be made without fail. These actions are regulated by Article 60.2 of the Labor Code of the Russian Federation.

It should be noted that when registering a full-time employee for a new position, it may be necessary to change some of the conditions of interaction between the employer and the employee. This process must be implemented in accordance with legal regulations. This involves concluding a new employment contract or annex to it. When combining work activities within one enterprise, the creation of a second contract to an existing one is often used, while the employee is entrusted with another job. The submitted document must be drawn up without fail, since it must stipulate and reflect the key points of further cooperation between the parties under new conditions.

How to correctly draw up an additional agreement on combination?

First of all, you should note personal information about all participants in the transaction. In order to correctly draw up an additional agreement to the current contract, it is necessary to enter information into the main part of the document. Next, information is noted regarding the grounds for its preparation, and you also need to indicate the position itself, the amount of remuneration, and the timing of the work. The document is drawn up in two copies and signed by both parties. If the additional professional activity of a subordinate will be carried out on an ongoing basis, then the time frame for completing this work is not indicated. A prerequisite is to clarify the time period in the content of the document if it is intended to perform labor functions temporarily.

The text also indicates the fact that the two parties reached an agreement among themselves to combine two positions with one employee. Changes made to the current agreement are also specified. After indicating all changes, information about the employee and employer is filled in and their signatures are placed. Another signature is placed by the employee in order to confirm receipt of the copy in hand.

Additional agreement on internal combination of positions

The most common additional agreement to a working agreement is when combining positions internally. This fact is explained by the fact that the worker is a full-time employee, and therefore reform of the original work act is not required. You can make adjustments only to some paragraphs. In this case, the content of the agreement will include the following points:

• Date at the time of document preparation;
• Number of the agreement and the contract to which it relates;
• Employer's name (in full);
• Employee's passport data;
• Employee's first workplace;
• Second workplace;
• List of part-time work obligations;
• The provisions that have undergone changes are also noted. In most cases, this concerns monetary remuneration for work and working environment conditions;
• At the end of the document, signatures of both persons are placed.

Additional agreement on the abolition of combining positions

The process by which the combination of positions is canceled can be initiated by both the employer and the subordinate. If an employee wishes to stop performing additional work functions, then he must send a written statement to the manager indicating his decision. The employer, in turn, must issue a notice of cancellation. The cancellation procedure ends with the issuance of an order. There is no need to enter into an additional agreement to cancel the combination. In this case, it will be sufficient to complete the previously submitted documents.

How to make changes to the additional agreement on combining positions?

The additional agreement on combining positions acts as an annex to the main working agreement of the parties. This document contains all the changes that took place in the originally executed agreement. It must be compiled correctly, without errors or inaccuracies. If for any reason it is necessary to make amendments to its text, a new document must be drawn up and an order drawn up for this case.

Order on additional agreement for combination

In order for the combination of positions to acquire legal force, it is necessary to issue an order that will indicate the completion of this procedure. Only the issuance of an order is considered a legal basis for the further work of a subordinate.

When placing an order, the following points should be taken into account:

• Employee's passport data;
• Name of the organization and serial number of the order;
• Job title;
• Mandatory functional requirements for the worker in the new position;
• Terms of provision and amount of remuneration for work.

If the head of an enterprise has a need to attract full-time employees to carry out additional labor functions, new terms of cooperation should be drawn up properly. To do this, it is necessary to provide for the main nuances of work activities and support each change with the publication of an appropriate document.

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.

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.

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.