Types of part-time activities
Current labor legislation identifies the following forms of legal relations related to additional employment:
- Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;
- Part-time job.
Combination involves the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if an employee’s work schedule is from 8 a.m. to 5 p.m., then during this time he performs both his own duties and additional ones. It is especially worth noting that in this case he is performing work related to another profession.
The concept of “part-time work” means that a second employment contract must be concluded with an employee who will perform additional work. The fulfillment of duties under this agreement must take place during free time from the main job. That is, if an employee works from 8 to 17, then from 17 to 19 he must perform work under the second employment contract. We emphasize that in this case, at the request of the part-time worker, an entry can be made in the work book stating that he worked under the second contract.
In cases where the combination occurs in the same profession or position specified in the employment contract, we can talk about expanding service areas or increasing the volume of work.
When performing the duties of a temporarily absent employee, the employee may be entrusted with performing duties both in his specialty or position, and in another.
The existing procedure for registering the provision of additional work is determined by the practice of enterprises. It consists of several actions, which we will discuss below.
What is needed for an order
To correctly prepare a sample order for combining positions in one organization in 2021, you must:
- Determine what type of work the employee will temporarily perform: regular work or requiring additional qualifications. For example, a teacher needs a medical book, a welder needs a special permit to work, etc. If there are such requirements, the employee needs to be checked for compliance.
- Set deadlines. You can immediately indicate a specific period (from which date to which date) or just describe the situation (during the illness, etc.).
- Obtain the employee’s consent (mandatory requirement of the law, Article 60.2 of the Labor Code of the Russian Federation).
- Determine the amount of the additional payment (Article 151 of the Labor Code of the Russian Federation) and the way it will be established: in a fixed amount or as a percentage of the salary.
Employee consent
Before drawing up a sample personnel order on combining positions at one enterprise, it is necessary to obtain the employee’s consent. It can be done in any form, but must be in writing. The paper should record the will of the employee, his consent to perform additional work, its duration, content and volume. Here you need to focus only on the document flow rules adopted in a particular organization.
Examples of document formatting include the following:
- unilateral application by an employee addressed to the director of the organization;
- a bilateral agreement between an employee and the head of an enterprise to perform additional work;
- the employee’s resolution “I agree”, date and personal signature on the text of the employer’s proposal to perform certain duties.
Agreement concluded
When combining positions, this fact must be documented in an agreement. This paper acts as an addition to the agreement concluded between the employee and the director of the enterprise.
This personnel document states:
- Period of performance of duties.
- Composition and scope of work.
- Payment.
If there is an instruction that defines the procedure and responsibilities for the work performed, the employee must study it.
How to record a surcharge
For additional work, the administration pays the employee extra (Article 151 of the Labor Code of the Russian Federation). The amount of additional payment is established by agreement of the parties. When determining a specific amount, the content and scope of additional functions are taken into account. The employer also pays the tax for such additional payment.
An additional payment for additional work is established by the same order as the part-time work itself. A new sample order for additional payment for combining positions is not needed. Just make sure the appropriate item is available. It can be formulated, for example, as follows: “For performing the labor function of the position of assistant to the head of the personnel department, set the secretary V.V. Viktorova receives a monthly additional payment of 10,000 (ten thousand) rubles.”
Order on combining positions
The order for combination is the basis for the employee to begin working in additional functionality.
It is published subject to availability:
- A document with the employee’s written consent.
- Agreements to the employment contract.
The order must necessarily contain the following information:
- Characteristics of the type of additional work.
- Specification of the position for which the combination is assigned (according to the staffing table).
- Start and end dates (if the contract is fixed-term) of the combined work.
- Description (list) of additional functionality (or reference to the regulatory document).
- Agreed amount of compensation (can be set either as a fixed amount for the period or as a percentage of the salary for the combined position).
Legal meaning of the order
It is important to understand that the order on internal part-time work is a basic administrative document, on the basis of which all documentation related to this employee will subsequently be drawn up. For example, in pursuance of paragraph 10 of the rules approved by the Decree of the Government of the Russian Federation “On Labor...” dated April 16, 2003 No. 225, an entry in the employee’s work book is made by order of the organization’s administration (his details are indicated in the far right column when filling out the section “Work Information” labor).
Also, on the basis of an order for hiring part-time work, an entry is made in the employee’s personal card (form T-2), in accordance with the explanations to paragraph 1.1 of the resolution of the State Statistics Committee of the Russian Federation “On approval...” dated January 5, 2004 No. 1.
Document functions
Part-time work, just like the main one, must be officially registered - this is a legal requirement.
This type of activity is regulated not only by numerous articles of the Labor Code (58, 59, 77, 276, 281, 282, etc.), but also by Resolution of the Ministry of Labor of the Russian Federation No. 41.
manage his free time at his discretion, so he can perform an unlimited number of additional works, if they are properly executed.
It is worth noting that internal part-time work is not always a combination of several positions. For example, a school physics teacher, teaching children history in his free time, is an internal part-time worker and works as a teacher twice.
As a rule, part-time work occurs on the initiative of the employee: it is he who, having learned about the open vacancy, submits a corresponding application to the manager. Of course, for the employer, the combination option is also very beneficial, since it is more convenient to cooperate with proven employees than to hire someone “from the outside.”
The Labor Code, however, defines a list of persons for whom part-time work is in principle (both internal and external) impossible:
- these are minors
- employees of municipal and state enterprises,
- judges,
- lawyers,
- members of the Government, etc.
Combining positions where work is performed in difficult and dangerous conditions is also unacceptable.
Hiring an employee for an internal part-time job requires compliance with the following conditions:
- Open vacancy in the staff list;
- Drawing up an additional employment contract;
- Issuance of an order;
- Separate accounting of additional working time.
Document structure and sample
An order on internal part-time work must necessarily contain the following information: full name of the employer and part-time employee, number, name and date of the document, position and unit in charge of which it is located, date of start of the part-time job, signature of the manager and a note on familiarization with it by the employee.
Form of order for combining positions (professions)
During Soviet times, personnel workers used many standardized forms. And at present, “old-school” personnel officers insist on the use of special forms. Including for combining positions (professions) - form KP-152. But unlike the order on hiring, on granting leave, etc., form KP-152 “order on combining positions (professions)” was not approved by State Statistics Committee Resolution No. dated January 5, 2004. That is, she was born in the vastness of the USSR.
If the head of the organization insists on using the KP-152 form, it must be approved. The document form contains the corresponding stamp – “I approve”. And the form itself is not particularly different in content from the example we posted.
Concluding an additional agreement to the employment contract (if necessary)
After receiving the employee’s consent to combine professions (positions), in general, an additional agreement to the employment contract should be drawn up. However, when establishing a condition for combining professions (positions) during employment, you can add a condition for combining directly into the employment contract with the employee. In this case, combining professions (positions) becomes part of the employee’s labor function.
The agreement must provide for the following conditions:
- an indication that additional work is assigned to the employee with his written consent;
- an indication of the profession (position) in which the employee will perform the additional work assigned to him by combining professions (positions);
- content of additional work and its volume (reference to the job description (tariff and qualification requirements) is possible);
- an indication that the employee will perform work during the working day (shift) of the established duration without exemption from the main work provided for by the employment contract;
- the period during which the employee will perform additional work;
- the amount of additional payment for combined work, established taking into account the content and (or) volume of additional work (current legislation does not establish minimum or maximum amounts of such additional payment). An additional payment is established if the combination is not part of the employee’s labor function in accordance with the employment contract.
Confirmation: parts 1-3 tbsp. 60.2, art. 151 of the Labor Code of the Russian Federation, letter of the Ministry of Health and Social Development of Russia No. 22-2-897 dated March 12, 2012, letter of Rostrud No. 1180-6-1 dated August 31, 2012.
The agreement on combining professions (positions) must be drawn up in two copies, each of which is signed by the parties. One copy of the agreement must be given to the employee, the other will be kept by the employer. The employee must sign a copy of the agreement kept by the employer to receive his copy. For example, in this form: “I have received a copy of the agreement. Signature, date."
Confirmation: part 1 art. 67 of the Labor Code of the Russian Federation.
Order to combine positions in one organization
At the last stage, an order is issued. Each organization develops its own sample order for combining positions - the unified form of this document is not approved by law. A sample of it is presented below.
The final paragraphs of the order are intended to indicate the basis for the appointment, as well as to certify the document with the signatures of managers and an accountant.
The employee must be familiarized with the contents of the order upon signature. If the position or profession that an employee receives is related to the sale of goods or the use of funds, it is worth concluding a separate agreement on the imposition of financial liability.
How to record a surcharge
For additional work, the administration pays the employee extra (Article 151 of the Labor Code of the Russian Federation). The amount of additional payment is established by agreement of the parties. When determining a specific amount, the content and scope of additional functions are taken into account. The employer also pays the tax for such additional payment.
An additional payment for additional work is established by the same order as the part-time work itself. A new sample order for additional payment for combining positions is not needed. Just make sure the appropriate item is available. It can be formulated, for example, as follows: “For performing the labor function of the position of assistant to the head of the personnel department, set the secretary V.V. Viktorova receives a monthly additional payment of 10,000 (ten thousand) rubles.”
Cancellation of combined positions
The algorithm for canceling a combination of positions depends on how it was formalized. If the order specified a specific period for which the employee will occupy an additional position, then cancellation occurs automatically after this period. If the legal relationship was formalized indefinitely, then it is necessary to draw up an order to cancel it, indicating the reason.
Termination of legal relations can be formalized at the initiative of the employee or employer. In the first case, the employee submits a corresponding application. In the second case, the employer submits a notice no later than three days before the completion of additional functions. During these three days, an appropriate order must be issued.
Existing legislation has not approved a sample order for the abolition of combining positions, so it is drawn up in an arbitrary order. However, it must include the following information:
- Job title;
- Period of work completion;
- Its volume;
- Set wages.
A sample order to remove combined positions is presented below.
We emphasize that an employee’s refusal to perform additional functions is his right. And the use of this right does not entail any legal consequences or penalties on the part of the manager.
Order form for combining positions (professions)
Nuances
Completely new responsibilities of the employee are described in the addendum to the employment contract. But if the combined position has any financial responsibility, then the employee taking the combined position is required to sign an agreement on full financial responsibility. A link to it may also be present in the order.
By law, either party has the right to terminate the combination by notifying the other in writing at least three business days in advance.
If the order refers to a newly hired employee for two positions at once, then the link below should not be to the additional agreement to the employment contract, but to the employment contract itself.