Sample order for removal of duties from an employee

Order to remove the “combination of dues.”

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The combination is urgent, i.e. limited by time frame. The employee and the employer have the right to terminate the combination early by notifying each other in writing no later than 3 working days in advance (Article 60.2 of the Labor Code of the Russian Federation). Limited Liability Company "Luch"

Moscow January 11, 2010

On the cancellation of Ivanova T.P. combining positions.

Based on Art. 60.2 of the Labor Code of the Russian Federation

1. Tatyana Prokofyevna Ivanova, with her written consent, from January 25, 2010, to cancel additional work in the order of combining the position of cashier. 2. Tatyana Prokofyevna Ivanova stop paying additional payments for combining positions.

Reason: additional agreement to the employment contract dated March 2, 2006 No. 103

Limited Liability Company "Luch"

NOTICE No. 1 about early cancellation of an order to perform additional work

Moscow January 11, 2010

Dear Ivanova Tatyana Prokofievna!

I inform you that in accordance with Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, the employer ahead of schedule, from January 25, 2010, cancels the assignment given to you to perform additional work, namely: to perform the duties of a cashier in full in order to combine positions assigned to you on the basis of the agreement to employment contract No. 103 dated 02.03. 2006, concluded between you and the employer.

Head of HR Department T.V. Serova

I have read the notification. One copy received ___________________ /_________________/ (signature) (transcript)

“_____”_________________ ____ year + additional agreement on canceling the combination

Additional agreement to the contract for the performance of labor duties No. 103 dated March 2, 2006.

Moscow January 11, 2010

Limited Liability Company "Luch", represented by General Director A.S. Serko, acting on the basis of the Charter, hereinafter referred to as the “Employer” on the one hand, and citizen Ivanova Tatyana Prokofyevna, passport series No. —— issued —— hereinafter referred to as the “Employee”, on the other hand , have entered into this additional agreement as follows:

1. Contract for the performance of labor duties No. 103 dated 03/02/2006 should be supplemented with the following paragraph: “The employer cancels the performance of additional work in the order of combining the position of cashier in full.” 2. Additional payment for combining positions to the Employee is terminated. 3. This amendment to the employment contract comes into force on January 25, 2010. The remaining clauses of the Contract for the performance of labor duties No. 103 dated March 2, 2006 remain unchanged. 4. This amendment to the employment contract is drawn up in 2 copies having equal legal force, one for each of the parties. 5. This change is an integral part of the Contract for the performance of labor duties No. 103 dated March 2, 2006. Employer: Employee:

_________________ / A.S. Serko/ _____________ /T.P. Ivanova/

Performing the duties of a temporarily absent employee

Without the written consent of the employee (additional agreement), the employer cannot involve him in replacing another employee.

Organizational order. Any replacement option must be formalized by order of the head of the institution, carried out in the usual manner.
Assignment of additional payment for additional work.
The temporary replacement must be paid in addition to the regular remuneration of the employed employee. The amount is not specified by law; it can be calculated in any way convenient for the employer and to which the employee agrees.

FOR YOUR INFORMATION!

The employee’s signature confirming familiarization with the order does not constitute a legal basis for issuing a replacement.

An additional document is also required that specifically formalizes the consent of both parties, that is, both clauses 1 and 2 must be available, without excluding or replacing each other. The Labor Code of the Russian Federation provides the employer with a choice of several possible ways to attract an employee to temporarily perform additional duties.

On your own.

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Order to stop performing additional work and cancel additional payments

On behalf of the employer, during the established duration of the working day (shift), along with the responsibilities defined by the employment contract, the employee can perform additional work in a different or the same profession (position) for additional pay (Part 1 of Article 60.2 of the Labor Code of the Russian Federation). In this case, the employer must obtain the written consent of the employee.

Types of additional work are:

combination of professions (positions);
expanding service areas, increasing the volume of work;
performance of duties of a temporarily absent employee without release from current duties specified in the employment contract.

An agreement on additional work may be terminated (cancelled) at the initiative of the employee or the employer. To do this, it is enough to notify the other party in writing at least three working days in advance. In this case, an order to cancel additional work is issued.

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.

How to draw up a sample order to cancel additional payment and stop additional work

Labor legislation does not provide for a unified form of order to cancel an increase in the volume of work, so HR specialists draw up this document in any form.

Conclusions (+ video)

Based on all of the above, we can conclude that in order to cancel a previously made decision or make adjustments to administrative acts, the head of the company should draw up a special order. It is important to note that drawing up the document in question is only advisable if the previously issued document has not yet entered into force. In order to cancel his decision, the head of the company must provide compelling reasons. It must be recalled that many officials have the right to draw up the documents in question. As a rule, personnel department employees are involved in drawing up acts related to company employees. Employees of the office management department maintain documents related to the company's activities. Today, there are two main methods for canceling orders. The first method is to issue a separate document that cancels the previous one. The second method involves making additions and adjustments to the current management order. According to the established rules, the issued order must be assigned a registration number, which is recorded in a special register. The storage period for such documentation is five years. After this time period has expired, the orders must be transferred to the city archive.

How to formalize the procedure for removing additional duties from an employee?

Questions and answers on the topic

Please advise: the employee has been appointed responsible for supervising the work of the cleaners. For the additional amount of work, an additional payment was established for him by order. Now they want to assign these responsibilities to another person. Tell me how to formalize the procedure for removing assigned responsibilities and additional payments?

The employer has the right to cancel the order to perform additional work ahead of schedule. The employee must be notified in writing of the early termination of part-time work no later than three working days in advance. This procedure is provided for in Part 4 of Article 60.2 of the Labor Code of the Russian Federation.

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Which was adopted and came into force this month.

Based on the notification issued, issue an order to cancel the combination. There is no standard form for the order, so compose it in any form. The order will confirm that both parties are aware of the cancellation of the combination and will fix its date, as well as inform all interested parties about this change. In particular, the order will become the basis for the accounting department to stop payments for combinations.

It is possible, but not necessary, to conclude a separate additional agreement to the employment contract to cancel the combination. In this case, the parties do not agree on anything. Cancellation occurs unilaterally by notification without the need to obtain the consent of the other party.

Details in the materials of the Personnel System:

ORDER No. 5 on the abolition of combining professions (positions)

Moscow 04/14/2016

During the employee’s absence, a combination of positions can be arranged for one of the existing employees. 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). 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. To register a combination, the following conditions are required:

The staffing table contains a combined position.
Both parties can terminate this relationship by giving three days notice before the end.
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 work is performed by mutual agreement of the parties.
The work can be divided among several persons, and one person can combine several positions.

Period for which the combination can be registered:

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.
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.
A specific period can be selected with a start and end date.

Works to be combined:

Work other than the main one.

Order to remove the combination

Moscow January 11, 2010

ORDER No. 1-K clause 2 On the cancellation of Ivanova T.P. combining positions. Based on Art. 60.2 of the Labor Code of the Russian Federation I order: 1. Tatyana Prokofyevna Ivanova, with her written consent, from January 25, 2010, to cancel additional work in the order of combining the position of cashier. 2. Tatyana Prokofyevna Ivanova stop paying additional payments for combining positions. Reason: additional agreement to the employment contract dated March 2, 2006 No. 103

Limited Liability Company "Luch" NOTICE No. 1 about early cancellation of the order to perform additional work, Moscow January 11, 2010

Dear Ivanova Tatyana Prokofievna! I inform you that in accordance with Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, the employer ahead of schedule, from January 25, 2010, cancels the assignment given to you to perform additional work, namely: to perform the duties of a cashier in full in order to combine positions assigned to you on the basis of the agreement to employment contract No. 103 dated 02.03. 2006, concluded between you and the employer. Head of HR Department T.V. Serova I have read the notice. One copy received ___________________ /_________________/ (signature) (transcript)

“_____”_________________ ____ year + additional agreement on canceling the combination

Orders, personnel and non-personnel, on personnel and main activities, developed by lawyers and personnel specialists (not Goskomstat)

Storing an order

For each category of documents, the legislation of the Russian Federation establishes certain storage periods. The order on the removal of obligations for the position being filled contains information on personnel, as it establishes:

additional responsibilities;

salary supplement from which social and pension contributions are calculated.

According to the provisions of the List approved by the Order of the Ministry of Culture of Russia dated August 25, 2010 (No. 558), the employer stores any document on personnel for 75 years after its signing.

release from duties

If the duties were assigned in the order of combining positions (i.e., without interruption from the main job), then, if necessary, the combination of positions can be canceled both at the initiative of the employee and at the initiative of the employer (Part 4 of Article 60.2 of the Labor Code of the Russian Federation) .

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The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

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Employer initiative

Termination of a working relationship at the initiative of the employer will be illegal while the person being dismissed is on vacation or sick leave.
Dismissal of pregnant women and minors is also prohibited. To terminate a contract with the latter, it is necessary to obtain permission from the state labor inspectorate. But all these rules do not apply in case of liquidation of the organization. There are only two reasons why an employer can fire an employee at will:

guilty actions of the employee;
circumstances beyond the control of the worker.

The first group of grounds includes gross violation of labor discipline by an employee. These could be illegal acts that fall under criminal liability, absenteeism, being drunk during working hours, violation of labor safety rules, or negligent attitude towards work duties. The second group of reasons involves staff reductions or complete liquidation of the enterprise, deterioration of the employee’s health, resulting in his inability to fulfill his duties.

Circumstances beyond our control

In this case, one of the main conditions for dismissal is to warn the employee about terminating the employment contract with him at least two months in advance. In this case, the organization must make every effort to find a suitable new job, as well as pay the required payments and compensation.

The procedure for dismissal for reasons beyond the employee’s control consists of the following stages:

delivery of written notice two months before the date of dismissal against receipt;
conversation with the boss and offer of all available vacant positions;
issuance of a dismissal order;
full payment.

In this case, it is important to offer all available vacancies to the employee in writing. This will help avoid possible litigation in the future.

Guilty actions

Dismissal for disciplinary offenses occurs in a different way. In order to terminate the employment relationship under this article, the employer must have clear evidence of the employee’s guilt.

The dismissal procedure can be represented as follows:

receiving information about a disciplinary offense;
collection of evidence;
a written explanation by the employee of his action;
issuing an order on disciplinary punishment in the form of dismissal;
issuance of a work report with a notice of dismissal under Article 81 of the Labor Code.

It is also important to note that all evidence collected must be reflected in writing, otherwise the dismissal order may be appealed in court.

If the employee refuses to sign the order, an act is drawn up in the presence of three witnesses, which they must certify with their signatures.

If an employee does not pick up his work book, then he is sent a notification by mail. It is from this day that the employer is released from liability for the delay in issuing it. The shelf life of a work book is established by law for at least 50 years. The dismissed person may submit a written request to transfer the work to third parties or send it to him by mail.

How to remove a combination: features of order execution

Labor legislation does not prohibit the assignment of additional job responsibilities to employees who have agreed to such an expansion of their responsibilities. Such duties most often mean temporarily replacing an absent colleague.

For example, one of the employees went on vacation, was sent on a long business trip, or is receiving long-term treatment in a hospital. There is an urgent need to transfer the responsibilities of an absent person or a certain part of these responsibilities to another qualified employee.

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The initiator of combining positions or professions can be either an employer or an employee who wants to receive additional monetary remuneration for work. Even long-term combination does not require signing a separate agreement . It is enough for the manager to formalize the agreement, issue an order and order changes to be made to the existing staffing table, as well as to accrue an additional payment to the employee.

Who has the right to issue such orders?

Canceling an order is a standard procedure that occurs quite often in the office work process . It is important to note that not every employee has the right to generate such documentation. According to the current rules, these rights are closely related to the area of competence of officials:

Representatives of the personnel department have the right to prepare orders regarding the company’s personnel.
Clerks are involved in the preparation, correction and cancellation of documents related to the general activities of the company.
Accounting department employees prepare financial reports and other documents.

It is important to note that an administrative act canceling the previous order must be registered in a special report card.

The basis for canceling the order of the above officials is a written order from the head of the company. As practice shows, it is more advisable to issue an order canceling a previous order before the actual execution of a previously made decision . In other cases, the procedure for carrying out this procedure can become significantly more complicated.

Document functions

Removal of registration may be due to various reasons. Initiative in

In such cases, it also comes from any of the parties, as when making a decision to expand labor responsibilities for a particular employee.

An employee may refuse to bear additional responsibilities for personal reasons. For example, he cannot bear the load due to deteriorating health or family circumstances.

Combination does not imply the provision of additional working time. An employee is forced to fit within the strict framework of one working day or shift, but at the same time perform both his duties and the labor functions of his absent colleague. Working under such intense pressure is not always possible. Also, a person may not be satisfied with the amount of additional payment. It is often set according to local documents and is a fixed amount.

The initiative can also come from a manager who is dissatisfied with his subordinates. If an employee has been found to be dishonestly performing additional labor functions or commits gross disciplinary violations, the employer has the right to cancel the combination or deprive the employee of additional remuneration for work.

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The main reasons for issuing the order:

expiration of the additional agreement;
hiring a new employee to fill a vacant position on a permanent basis;
the employee is no longer satisfied with the terms of payment and working conditions;
the employer no longer needs the employee's services.

Release at will

You can vacate your position by your own decision using Articles 77 and 80 of the Labor Code. In this case, the main condition for dismissal is to inform the employer of your desire in advance. The procedure for terminating the contract is as follows:

Within the period established by law (two weeks or three days), an application is submitted to the manager, which sets out your desire. The employee's two-week period of service begins on the next day the application is submitted.
As soon as the employee’s application is registered with the personnel service, the employer draws up an order for his dismissal. The basis in the order is the initiative of the employee. The most commonly used form is No. T-8, adopted by the State Statistics Committee.
The employee reads the order and, if he has not changed his mind, signs it.
On the last working day, the employee is given all payments due and a correctly completed work book.

An employee can indicate any reason for dismissal, for example, change of place of residence, family circumstances, illness, retirement, deterioration of working conditions. The application is written in your own hand in any form, but in compliance with the official business style.

The working relationship is actually terminated when the work book is issued and there are no financial claims. If an employee does not go to work on the last day, the employer is obliged to inform him of the need to pick up his documents at the enterprise. This is usually done by postal notification. Otherwise, the employer will be required to pay a fine and penalty for each day of delay in issuing the work book. The financial calculation usually includes two items: salary for time worked and compensation for unused vacation.

It is important to note that when dismissing on his own initiative, the employee has the right to withdraw his application at any time until he is given a work book, even if an order for his dismissal has already been issued. To do this, he withdraws his application or writes a new one, on the basis of which the issued order is canceled. The only case in which it will not be possible to withdraw the application is if a new transfer employee is hired to fill the vacated position.

Structure and pattern

The combination procedure and all its nuances are regulated by the provisions of article of the Labor Code numbered 60.2, and all the differences between this type of work activity and part-time work are reflected in article 60 of the Labor Code.

The order can be drawn up in free form on the standard letterhead of an organization or enterprise. To unify the document, it is necessary to include in its structure:

information about the position held and the nature of work activity;
information about the timing of the combination and the volume of work performed (responsibilities);
information on payment for this activity (the amount of additional payment).

The completed document contains the following sections and paragraphs:

Full name of the organization, enterprise or institution. The name of the locality in which this legal entity is located. Date of document preparation.
The full name of the document, placed in the center of the form (about canceling the combination).
Indication of the last name, first name and patronymic of the employee from whom additional labor duties will be removed.
A list of the legal grounds on which this order is issued. For example, a reference is made to article of the Labor Code numbered 60.2 or another legislative document.
A short order outlining the essence of the order. For example, it is indicated that the employee has expressed a written desire to relieve himself of additional duties (the registration number of the application and the date of its submission to the manager are also indicated here). Or it is indicated that the employee has violated discipline. In this case, a reference is made to the relevant acts and memos.
The next paragraph states that the employee loses all additional payments accrued to him for combining jobs.
Indication of documentary grounds. Here you enter information on the additional agreement (its number and date of signing).
Signatures of both interested parties with a transcript and a wet seal of the organization, institution or enterprise.

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The document is prepared by personnel department employees on the basis of an order received from the management of an organization or enterprise.

The manager should take into account that the issuance of an order depends entirely on the type of combination:

If an additional agreement on combination of a fixed-term type (with a limited validity period) was signed, such employment relations are terminated automatically at the moment the agreement expires. In this case, there is no need to issue an order.
If the signed agreement was of an indefinite nature, it is terminated at the request of one of the parties, and, therefore, it is necessary to issue an appropriate order indicating the reason for the termination of this agreement.

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.

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.

Registration procedure

In order to cancel actions carried out according to the order of the company's management, the head of the department should draw up a memo addressed to the general director. This note should include information about the need to cancel the order. Next, the owner of the company imposes a resolution with the help of Fr. After this, a new document is drawn up, which indicates the phrase “The order numbered XX shall be considered invalid.”

Legal requirements

The current legislation does not have standards regulating the procedure for making adjustments to administrative documentation. Legal experts recommend that officials adhere to the rules set out in the twelfth article of the Labor Code. This document contains a list of grounds that can be used to cancel administrative documents. Such grounds include introducing amendments to legislative acts that have a direct impact on the company’s activities.

Order to cancel combining positions (sample)

Reproduction, subsequent distribution, communication on air or to parties via cable, making materials available to the public. However, in almost every communications organization such a statement must be written. Such a document is needed more. 2. The employee submits an application for part-time employment. The Labor Code of the Russian Federation does not provide for an employee to submit an application for employment. Therefore, this step is not mandatory. However, in practice, this is where applying for a job begins, because This allows the personnel employee to see the visa of the head of the organization, confirming his consent to hire the applicant. An application for a part-time job is written in any form, because A unified form for this application is not provided for by law, and is stored in the employee’s personal card. 3. Familiarization of the employee with signature with the internal labor regulations, job descriptions, and other local regulations. The procedure for familiarizing the employee. In addition, if: It should be remembered that an employee’s refusal to perform additional duties is, first of all, his right. Which does not entail any punishment. Example of a notification: Sample of a notification to an employee Sample of an additional agreement: Example of an additional agreement Example of a statement: Sample of an application to remove a part-time job Features of withdrawal of payment The process of payment for a part-time job is usually carried out at the main place of work within the time spent on performing duties. The amount is determined in each specific case, but always by agreement between the parties. The amount of the surcharge must be reflected both in the additional agreement and in the order. In some companies, there is a uniform procedure for additional payments, specified in the regulatory document, in this case. Sample certificate for residence permit

Your lawyer

The order is issued in free form, contains the employee’s full name, the reason for the transfer, the date of transfer, if the transfer has a deadline, then the transfer deadline.

If they are absent or if the employee refuses the proposed options, the employment contract is terminated (according to clause 1.ch.1.

The second mandatory document is an additional agreement to the employment contract, which defines the terms of the transfer; 3) when transferring to another position for which the work schedule differs from full-time (for example, when transferring a maternity leaver to light work). To correctly prepare documents for such a transfer, you can use either an order issued in any form or a unified form T-5 or T-5a if several employees of the organization are transferred at once.

An employee’s application for transfer to part-time work is an additional document confirming the voluntariness of the transfer and the concluded agreement expressing the consent of the employee and the employer (parties to the labor relationship).

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The conditions for transferring to full-time or part-time must be reflected in the change in working hours, which is properly recorded in the timesheet (the timesheet includes data on working hours under the new work schedule in accordance with the actual time worked for each employee).