5/5 (4)
Is it a right or a duty?
The employer has the right to assign additional responsibilities to the employee.
In this case, we are talking about combining positions, but the employee also has his own rights. In particular, he may refuse the manager’s offer, since, according to the employment agreement, he is assigned specifically specified work responsibilities.
Additional types of work include:
- combination of positions. A situation where an employee, in parallel with his main position, performs duties in another profession occurs if the organization does not have a specific specialist. Thus, one person works simultaneously in two positions;
- assigning a larger volume of tasks to an employee, although they are not specified in the job description related to his main position. Such changes may be temporary (for example, repair work is being carried out at the enterprise);
- assigning the responsibilities of an employee who is temporarily absent from work to another person. This replacement is not permanent. In this case, the functions of the absent person are performed partially or fully;
- increase in the volume of work performed. This situation occurs periodically: due to seasonal changes or in the event of the start of production of new products.
Important! If an oral agreement is reached between the employer and the employee, it must be supported by a written agreement, which is an addition to the employment contract. The manager issues a special order.
The employee has a number of additional responsibilities. If we are talking about temporary replacement, the employee can perform new duties for most of the day, and devote the rest of the time to his position.
When an employee is completely transferred to the position being replaced, he has to fill out papers for a temporary transfer until the main employee returns to work.
According to Art. 151 of the Labor Code of the Russian Federation (hereinafter referred to as the Code), combining positions and increasing the amount of work is paid additionally.
In this case, the period of combination may vary: from several days to several months. If management has exact dates, they are reflected in all necessary documentation.
An employee who decides to prematurely interrupt the period of performing additional duties draws up a corresponding statement.
Features of additional payment for performing duties during vacation
According to the Labor Code of the Russian Federation, each employee is entitled to annual leave with pay. During this period, another employee has to perform his duties instead. Performing the duties of a colleague who is on vacation is often not paid, and the employee does not require additional payment for this work, often due to ignorance of the law. The manager has the right not to make additional payment to him if the absence of additional payment is provided for in the contract, since the replacement was included in the list of the employee’s main responsibilities. This situation is certainly beneficial to the employer, since by immediately including in the terms of the contract a clause on the employee’s obligation to replace colleagues during their vacation, without providing for payment for this, he saves significantly.
Important! When signing the initial employment agreement, each employee should pay close attention to each clause of the terms and conditions included in this document, otherwise he will be forced to perform additional work without receiving any payment for it.
The mistake can be corrected if there is no clause on the obligation to replace vacationers in the contract. To do this, an additional agreement must be drawn up. The employer does not have the right to refuse an employee to sign such an agreement, which includes a condition on payment for replacing the vacationer. This provision may be a one-time provision or subsequently included on a permanent basis.
Combination restrictions
There are no restrictions on combining positions according to labor legislation. That is, almost every employee can perform additional work duties. But at the same time, it is necessary to pay attention to the fact that the performance of duties for two positions is limited to the course of the working day .
Remember! We are not talking about overtime work.
It is important that the combined positions are close in the person’s profession and qualifications.
Thus, the performance of duties at the proper level is guaranteed, and there is no need for additional training.
Certain categories of citizens enjoy a special position, namely:
- pregnant women;
- mothers of children under 3 years of age;
- children under the age of majority;
- persons with disabilities.
At the legislative level, it is not prohibited to offer these categories a combination of responsibilities. But before employees belonging to the listed categories agree to perform additional duties, it is advisable to discuss the terms of the work and sign a written agreement.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
What is combination
Situations often arise when employees get sick or go on vacation. In this regard, there is a need to combine positions. In other words, a person works for himself and for an absent specialist. The period for which the two positions are combined is negotiated by the parties.
You can refuse the combination. To do this, a written refusal is sent to the employer. Art. 60.2 of the Labor Code of the Russian Federation established that it is necessary to warn in advance, so notification is sent three working days in advance.
Typically, an institution combines positions that belong to the same category: employees, workers.
Payments for combining positions
Additional work must be paid for. The amount of the additional payment is agreed upon in advance, but the labor legislation does not indicate specific amounts, that is, it does not specify what the minimum and maximum additional payment should be.
At the same time, according to Part 1 of Art. 151 of the Labor Code of the Russian Federation, combining positions must be paid.
The terms of payment for additional duties should be specified in the regulations on remuneration in a particular organization or enterprise.
When calculating additional payments, the salary for the main job and the amount of additional work performed are taken into account. works The additional payment is set as a percentage of the basic salary (50% of the salary, 70% of the salary or 0.5 salary, 0.7 salary).
Sometimes a fixed amount of additional payment is established as a result of an agreement between the employer and employee.
Please pay attention to the fact that part-time payment and part-time payment are two different things. In the second case, we are talking about paying the second salary in full. When positions are combined, the employee receives only an additional payment.
The premium for combining is taken into account when calculating the regional coefficient and the percentage premium (Article 315, Article 316 of the Code). In addition, it is included in calculations of average earnings.
Watch the video. On combining professions and positions:
What is the difference between combination and part-time
At first glance, it seems that there is no difference in these terms. Actually this is not true. Part-time workers work for another company in their free time from their main job. When combining positions, a person works during his main working hours, but his schedule is more tightly scheduled. After all, in addition to your duties, you need to have time to work for another employee.
Combination can be carried out if the work process does not deteriorate: the quality of products and service remains at the same level.
Additional payment amounts
Work in an expanded scope requires additional remuneration (Article 151 of the Code). The agreement concluded between the employer and employee specifies the amount of payments.
In most cases, people receive additional money depending on the amount of work completed or for the time worked.
The amount of the surcharge may be:
- clearly fixed as specified in the agreement;
- calculated taking into account the salary or wages of the employee (for the main position) as a percentage.
As mentioned above, there is no legal limit on this amount. Thus, the parties to the employment agreement can independently decide on the amount of additional payment.
When a fixed size is established, the provisions of local regulations adopted by the enterprise are taken into account.
Please note! In order for the established amount of surcharge to be legal, a specific amount must be specified in the agreement.
Part-time and combined work in budgetary institutions
Without knowing the powers of each individual official listed in the question (chief physician, accountant, head of department), it is impossible to say who exercises the powers of the employer in a given situation. It is necessary to answer the question - which of these persons has the right to enter into employment contracts with employees. Only this same person has the right to enter into agreements to perform additional work for a temporarily absent employee. So in your example, the problem is that, most likely, the work was performed by the employee voluntarily, since the employer did not entrust him with this - there is no agreement on combination, or an order. The absence of a document that documents this is not so bad. The problem is that in the absence of such an agreement, there is no amount of additional payment (unless it is established in the collective agreement), which means it is unclear what amount to recover from the employer in court. The only way to avoid such situations in the future is to act according to the scheme “First an order (agreement) indicating the amount of additional payment - then work.” 2) Since the duties of a combined position are performed simultaneously with the main job, it is impossible to calculate how much time an employee spends on their implementation and divide this time into the main and “combined” ones, therefore, combined work is not measured in rates. That is why the additional payment for combination is not fixed, but is established by agreement of the parties. In general, the legislation does not contain any restrictions on combinations. 3) I would like to know what legal provisions your accountant relies on. Theoretically, Resolution of the Council of Ministers of the USSR of December 4, 1981 N 1145 “On the procedure and conditions for combining professions (positions)”, clause 6 of which established the maximum amount of additional payments for combining professions, has not been canceled to this day. Thus, in accordance with the Resolution, when performing work with a smaller number of personnel, additional payments are established in the following amounts: a) for combining professions (positions), expanding service areas or increasing the volume of work performed for workers and junior service personnel in production sectors of the national economy, as well as workers engaged in loading and unloading operations in all sectors of the national economy - up to 50 percent of the tariff rate (salary) for their main job. At the same time, by Resolution of the Council of Ministers of the USSR of May 31, 1988 N 689, this provision was recognized as no longer in force in terms of the maximum amount of additional payments to middle and junior medical personnel, as well as workers of health and social security institutions b) for the performance of temporary workers and junior service personnel, along with duties of temporarily absent workers from among the same categories of personnel (in case of illness, vacation, business trip and other reasons) - up to 50 percent of the tariff rate (salary) for the main job. However, these norms, although not repealed, cannot be applied, since the current Labor Code of the Russian Federation does not establish any maximum restrictions for such additional payments. In accordance with Art. 151 of the Labor Code of the Russian Federation, the amount of additional payment for combining professions (positions) is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This also answers your fourth question. 5) We are probably not talking about working off, but rather about “finishing work” after the end of the main working hours. However, neither one nor the other can be discussed, since from the legislative definition of combination it follows that additional work is performed during the established duration of the working day. If there is a need to carry out any work outside the established duration of the shift, this is overtime work, the involvement of which occurs in accordance with Art. 99 of the Labor Code of the Russian Federation, and payment in accordance with Art. 152 Labor Code of the Russian Federation. 6) In accordance with Art. 60.2 of the Labor Code of the Russian Federation, the period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. The law does not directly contain specific instructions on the registration method, so it can be any written document that states in what profession, by what employee, for what period and for what payment the part-time job will be carried out. Naturally, this document must be signed by the employer and employee. This can be either a separate agreement on part-time work, or an order with the consent of the employee, or a written statement from the employee and an order from the employer. We strongly recommend that you first reach a written agreement with your employer on the procedure for paying for part-time work, and only then work.
7) From the point of view of labor law, the employer independently disposes of his property, in accordance with the norms of civil and, in this case, budget legislation. 8) In accordance with Art. 8 of the Labor Code of the Russian Federation, employers adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements. Those. local regulations may not be higher than the level of your employer. Let's now figure out who the employer is. In accordance with Art. 20 of the Labor Code of the Russian Federation, employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. In your case (since you work in a healthcare organization), the employer is a legal entity (!). Those. not the head doctor, not the head of the department, not individual structural units, namely, a legal entity. The above and other officials may be representatives of the employer if such powers are granted to them by job description, power of attorney, constituent documents or transferred in another way provided for by law. The right to issue local regulations containing labor law norms may also be transferred. With regard to local regulations, the following should be kept in mind. In accordance with Art. 8 of the Labor Code of the Russian Federation, in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if there is such a representative body). Norms of local regulations that worsen the situation of workers in comparison with established labor legislation and other regulations containing labor law norms, collective agreements, agreements, as well as local regulations adopted without observing the procedure for taking into account the opinions of the representative body of workers established by Article 372 of this Code , are not applicable. In such cases, labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements are applied. As for the right to information, it is formulated as follows. In accordance with Art. 17 Federal Law “On trade unions, their rights and guarantees of activity”, in order to carry out their statutory activities, trade unions have the right to freely and unhinderedly receive information from employers on social and labor issues.
| Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. Combination - performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in another profession (position) for additional pay. (Article 60.2 of the Labor Code of the Russian Federation) Increasing the volume of work - performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in the same profession (position) for additional pay (Article 60.2 of the Labor Code of the Russian Federation) Part-time work: OTHER paid work, e.g. either in the same profession, but with a DIFFERENT employer, or with the same employer, but in a different profession. At the same time, an exception has been made for medical workers - you can work in the SAME profession with the SAME employer; in free time from main work, i.e. The working hours for the main job have ended, let’s start part-time work; drawn up in a separate employment contract. Combination: work in another profession with the same employer; at the same time as your main job; formalized by an additional agreement, or by order of the employer, on which there is the written consent of the employee to comply. Increase in the volume of work performed: Work in the same profession for the same employer; at the same time as your main job; formalized by an additional agreement, or by order of the employer, on which there is the written consent of the employee to comply. 1) In accordance with Art. 60.2 of the Labor Code of the Russian Federation, in order to fulfill the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either another or the same profession (position). The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee. |
| © 2008-2018, Labor Consulting LLC |
Formula and calculation examples
When working part time
It should be noted that employees working part-time have the right to insist on determining a part-time working day (shift) for them. This right arises for them on the basis of Article 93 of the Code.
For example, the volume of additional payment for work under such conditions is determined to be 10% of the established salary amount, then the calculation will be carried out using the following formulas:
- The salary amount is multiplied with the actual number of hours worked. The resulting number is divided by 160 hours (the number of working hours per month, provided that the person was fully employed);
- the calculated value (salary, which does not include additional payment) is multiplied with the amount of additional payment (10%). The resulting value is divided by 100%;
- the amount of salary for an incomplete workday (received in the first calculation action) is added to the additional payment (received in the second calculation action) - the amount that is calculated in the employer’s accounting department and due to the employee comes out.
External and internal part-time work
Unlike a part-time job, which cannot be outside the main place of work, a part-time job can be arranged both within the enterprise and outside it. You need to understand that due to the employee performing various functional duties and varying degrees of responsibility, this type of work activity will have its own characteristics.
This may include:
- Availability of separate employment orders for each position. For example, if an engineer at an enterprise, working on a daily five-day work schedule, also got a job as a watchman at 0.5 rate at the same enterprise and will perform his duties on weekends, these are different types of work, and accordingly their design should be different.
- To synchronize vacation pay with companies, employees must inform their employers about the availability of other work. The right to simultaneous leave in the presence of a part-time job is provided for by the Labor Code. Therefore, the employer does not have the right to refuse such an employee, provided that he is officially notified about this.
- If disciplinary sanctions are applied to an employee for one job, this should not be reflected in the level of pay and treatment for another. In practice, this is possible if there is external part-time work.
- An employee can simultaneously have several personal affairs at one enterprise (with internal part-time work). At the same time, working hours are recorded and wages are calculated using different personal accounts, which are maintained by the accounting department of the enterprise.
- Accordingly, salary certificates should be requested separately for each position (for example, to collect alimony).
Remember, part-time work is a full-fledged, albeit actually additional, job that must be formalized in accordance with all legal requirements.
Minimum payout amount
As noted earlier, labor standards do not establish any maximum restrictions on the amount of additional payments to employees performing part-time work.
The actual remuneration for work is directly related to the agreement established between the parties (employee and employer), which is reflected in the add. agreement.
The employer himself focuses on the benefits of the economic component of the issue. For this reason, cases of “overpayments” are extremely unlikely. It will be easier to hire another employee for a temporarily empty position.
The amount of additional payments is usually determined so that it is not higher than the salary accrued for the main job of the part-time worker.
It happens that the employer is guided by the minimum wage established annually at the government level, with the calculation of the current inflation rate.
A separate article 133 of the Labor Code of the Russian Federation establishes a rule that is followed when calculating salaries, thus guaranteeing the protection of the rights of employees in this financial matter.
The person who has worked the temporary quota in full, fulfilled the entire scope of his duties, receives the entire salary, which cannot be inferior to the minimum wage.
This rule applies only to part of the basic salary and does not apply to additional payments, since such amounts are a component of the employee’s salary.
But here the norm of Article 22 of the Code cannot be ignored, which determines that payment for an employee’s work must correspond to the level of its complexity and the qualifications of the specialist.
On a note! To ensure employee interest and incentive to do additional work, in practice the employer promises to pay 50% of the salary of the second combined position.
If an employee says that 10% will be enough for him, and this point will be reflected in the additional. agreement, then exactly this amount of additional payment will be issued.
When setting additional payments, the employer often takes as the calculation basis the figures indicated in collective agreements and employment contracts.
The clause that describes the conditions for calculating payment for additional work performed by an employee in one working day sometimes includes the exact amount.
For example, 3600 rubles may be indicated. And if this point is present in the documents, then the employee will not be able to receive more.
Application, order for combination
Any employee’s work duties must be documented. The employer issues an order for this purpose. The document contains information about the employee who is responsible for combining, replacing or increasing the area of responsibility.
If deadlines are known, they must be indicated or the justification for increasing the workload and expanding job responsibilities is written down. An agreement is also drawn up with the employees, which specifies all the working conditions, including payment.
To prevent conflicts, it is better to take a statement from the employee in which he gives his consent to perform additional work. This is especially important to do with a privileged category of workers (pregnant women, disabled people, minors, mothers of young children).
When payment for combination is not due
There are only 2 circumstances in which the employer has the right to legally refuse additional payment for work performed in combination:
- the employee performed the work assigned to him on a part-time basis in a poor manner;
- the specialist violated the labor discipline established in the organization.
The additional payment will be canceled in full from the moment a specialist whose functional duties are performed on a part-time basis starts working, or when another person is hired for the position on a full-time (shift) basis. In both cases, there is no need for combination.
How is combination and part-time work done?
One of the main issues with which citizens turn to professional lawyers for advice is the correctness of registration of this type of work, in order to be able to fully receive payment for their work in the future. Of course, there are many similarities in the design of part-time and combination jobs, but there are also certain differences.
Therefore, we suggest that you familiarize yourself step-by-step with the actions of how labor relations are formalized in the case of using such forms of labor.
When combined:
- A vacancy is temporarily created within the existing staffing table (the position may be occupied, but no one will actually do the work due to the absence of the employee for valid reasons).
- The employer agrees with the employee, who is asked to perform the duties of an absent colleague, along with his main job, on the conditions, period, and level of monetary compensation. The form of approval can be a statement from the employee, his signature with consent on a memo from the immediate supervisor.
- An order is issued for the enterprise (division), on the basis of which the employee is assigned additional responsibilities. They immediately describe the amount or percentage of his compensation payments. The work is performed within the normal hours allocated for the implementation of labor functions in the main specialty.
When working together:
- A potential employee finds a vacancy with a job that interests him.
- Coordinates with his future (existing) employer the application for this vacancy within a certain period of time. Here you need to understand that he will be able to fulfill his duties only during the period of time that is free for his main work.
- He is registered as a newly hired employee (regardless of whether he gets a job at this or another enterprise). A passport, military ID, and insurance certificate are required. A personnel order is issued, the employee is approved (introduced to the existing) job description, and a workplace is determined.
- Here, the standard hours are calculated separately for each type of action performed.
