Sample form of an additional agreement to an employment contract on internal combinations

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Published: 07/14/2016

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Contracts concluded when formalizing labor relations between employers and employees are amended by means of an additional agreement - a separate document recording all changes made to the contract.

The need to use an additional agreement arises in a number of cases related to remuneration, transfer of an employee to another position, or appointment as a part-time employee. Part-time work refers to the performance of additional work duties at another workplace. In fact, an employee has two places of work - the main one and the additional one.

It is necessary to make changes to the contract in case of internal combination, when an employee occupies two positions at once with one employer.

Document functions
Structure and pattern
Nuances of design and storage

What is combination?

In current legislation, combination is understood as a method of assigning additional work, when a hired specialist, during the working day, along with his own functions, performs additional functions inherent in another profession. Art. is devoted to this type of relationship between the parties. 60 Labor Code of the Russian Federation.

New functions can be assigned to a specialist:

At the time of employment, when a clause about this is included in the text of the employment contract.
During the period of work in a commercial structure - in this situation, the parties enter into an additional agreement to the agreement on combining positions.

The timing of the assigned work, its essence and volume are determined with the employer, subject to the consent of the hired specialist. The parties have the right to terminate the concluded agreements ahead of schedule by notifying the second party to the labor relationship in writing at least three days in advance.

Sample employment contract for internal part-time work

"5.2. A part-time employee is given a monthly salary of 24 (twenty-four) thousand rubles. subject to working 20 (twenty) hours a week.”

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This change comes into effect on February 1, 2021.
This agreement is drawn up in 2 copies and is an integral part of the agreement dated 12/04/2021 No. 8t.

The latter is worth paying special attention to, since it is necessary to distinguish internal part-time work from combining positions, the procedure for which is provided for in Art. 60.2 Labor Code of the Russian Federation. Combining positions involves either increasing the employee’s responsibilities for his main job (for example, when expanding the scope of the organization’s activities), or temporary work in another profession in order to replace an absent employee. In case of part-time work, the employee is registered for permanent employment in another position.

Conditions for assigning additional work

Current legislation states that part-time work can be entrusted to an employee if three conditions are met:

Availability of open vacancy. The company's staffing table contains a position whose functionality will be performed by a specific specialist;
Mutual consent of the parties. The employing company and the specialist came to an agreement on new terms of interaction.
Preparation of documents. A set of personnel documents is required that mediate the combination of positions: an additional agreement to the employment contract, an order, the written consent of a hired specialist.

It is necessary to distinguish between the concepts of combination and part-time work. The first means that the employee performs additional functions during the working day, the second means that the employee’s free time is devoted to these duties.

The procedure for completing the personnel procedure

To formalize the combination in accordance with legal requirements, the hiring company must follow an algorithm that includes the following steps:

Step 1: Position Preparation

You need to make sure that there is a position in the staffing table, the functionality of which is transferred to the employee. If it is not there, you need to make adjustments to the “staff”.

If a specialist replaces a colleague who is absent due to illness or vacation, the personnel documents indicate that he performs the functions of a temporarily absent employee.

Step 2: Approval Process

The interested party (employee or employer) sends a second written proposal, which indicates a list of functions, necessary documents, and conditions for future cooperation. If the recipient agrees, he can sign the paper and indicate “I do not object.”

Step 3: Conclusion of an additional agreement

A sample additional agreement on combining positions can be found on our website. The document is signed by both parties.

Step 4: Issuing an order

The personnel document is prepared in free form; there is no unified version.

When all steps of the procedure have been completed, the specialist can begin executing the new functionality.

Part-time employment contract: drafting, features and varieties

There is also a list of persons who do not have the right to conduct part-time activities. It is quite extensive, but in general it can be summarized as follows: high-ranking officials, intelligence officers, executives and minor citizens.

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An external part-time employment contract is when an employee has a main place of work, but he works part-time at another enterprise, organization, in a word, not in the same place. Moreover, it does not matter whether he occupies a similar/similar position or performs completely different tasks there.

How to draw up an additional agreement correctly

The document drawn up by the parties must include the following information:

No. and date of signing;
data in the employment contract, to which an additional agreement is attached;
the name of the employing company according to the constituent documents;
Full name of the hired specialist;
name of the assigned position.

The main part of the combination agreement must provide answers to the following questions:

What duties will the employee perform? It is advisable to draw up a job description with a detailed list of them.
For what period are changes to the employment contract introduced? An additional agreement can be concluded for a limited period of time or indefinitely. The following formulations are possible: “Before the main employee returns from vacation,” “Before the main specialist is hired,” etc.
The amount of additional payment, which is set as a percentage of the specialist’s basic salary or the salary established for his new position.

The agreement is prepared in two copies, signed by both parties. Each retains a copy that has equal legal force.

Finding a sample 2021 supplementary agreement for combining positions on the Internet will not be difficult. The preparation of this document is necessary to formalize the assignment of additional responsibilities to the employee. Refusal to sign the paper will result in the imposition of penalties on the employing company during inspection by the labor inspectorate.

Additional agreement for combining positions: sample

In any organization, a situation may arise when one of the employees, for one reason or another, is absent from the workplace for a long time (due to illness, vacation, etc.). Then the employer has to look for a replacement for him or assign his job responsibilities to another employee.

In practice, a combination of positions is often used, in which an employee, in addition to his main job, during his working hours performs functions not provided for in his employment contract. The employer and employee enter into an additional agreement to combine positions, a sample of which is given below.

What is the agreement

An additional agreement on combining positions is drawn up to the main employment contract so that an employee of the organization has legal grounds for working in two positions. The employer benefits from concluding such an agreement, since it solves the problem of staff shortages. From a salary point of view, combining positions is also often a winning option.

The additional agreement on combining positions does not have a form approved by law. The text of the document stipulates all the essential conditions: the name of the combined position, the amount of additional payment, the duration of the agreement, etc.

This document displays information related solely to alignment. No other information is included in it. Based on the concluded additional agreement, an order is issued. The conditions specified in the combination order and in the additional agreement must match.

Either party can terminate the agreement at any time, but to do this, the other party must be notified no later than 3 days (working days).

Is it necessary to draw up an agreement?

Is an additional agreement necessary when combining positions or can you do without it? Let's look at this question.

If the combination of professions is initiated by the employer, he must make such an offer to the employee in writing. This is required by labor legislation. The employee has the right to independently decide whether to agree to combine positions or refuse the employer’s offer.

It is mandatory to draw up an additional agreement on combining positions. Assigning additional responsibilities to a hired employee changes his job function, and these changes must be made to the employment contract (Article 57 of the Labor Code of the Russian Federation). And this is allowed only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation).

What governs the drafting of a document?

Art. 60.2 of the Labor Code of the Russian Federation regulates that an employer can entrust an employee with additional work (in the same or another profession, position) along with the main job. To do this, written consent must be obtained from the employee.
Art. 151 of the Labor Code of the Russian Federation regulates the procedure for remuneration for combined work. The amount of additional payment is determined by the parties taking into account the amount of additional work.

How to compose a document

An additional agreement for combining positions (the sample presented below can be taken as a basis) is always drawn up in two copies. One remains with the employer, and the second is given to the employee.

The procedure for drawing up the document will be as follows:

At the top, indicate the name of the document and the number of the agreement to which the additional agreement was drawn up.
The place and date of drawing up the agreement are indicated below.
After this comes the standard preamble for all contracts: indicate the name of the legal entity, full name. manager, position and full name. an employee who will be assigned additional work responsibilities.

Then all the essential terms of the agreement are described point by point:

indicate the name of the combined position; here you should list the duties that the employee will have to perform;
they prescribe a specific period during which the employee will perform additional work;
indicate the amount of the surcharge;
it is also necessary to indicate that the parties have the right to cancel the combination early;
provide a link to the employment contract to which an additional agreement has been drawn up.

At the end of the document the details of the parties should be indicated:

FULL NAME. employee, passport number and series, place of residence;
name of the employing organization, location, bank details, full name. General Director

The document is signed by the head of the organization and the employee who has agreed to perform additional labor functions. A sample additional agreement on combining positions can be downloaded at the end of the article.

If the employer refuses to draw up this document and this violation is discovered by a labor inspector, he will face penalties for violating labor legislation under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

All changes and additions to the terms of the additional agreement are made only by mutual agreement of the parties.

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general information

As it turned out, legally these are completely different concepts with a long list of differences.

Kind of work

When working part-time, activities do not mix: having completed his daily functions at his main job, a person goes to perform other duties after a full working day.

You can work part-time (Article 60.1 of the Labor Code of the Russian Federation) under the following conditions:

with the same employer (internal part-time job), or in another enterprise (external part-time job);
no longer than 4 hours a day (so that the total labor time does not last more than 12 hours);
in jobs that are not classified as particularly difficult, or with hazardous working conditions, if the main activity takes place in equally difficult conditions (Article 282 of the Labor Code of the Russian Federation).

Both in one and in the other enterprise separate contracts are concluded.

At each job, work time is entered into time sheets, which are used to keep track of working hours.

The combination of positions (Article 60.2 of the Labor Code of the Russian Federation) takes place at the same enterprise, and during the main working day.

There may be a combination of positions and professions . The main and additional work cannot be piecework, they must be similar, similar, most often these are positions with time wages or those occupied by engineering and technical personnel.

The combination of positions or professions occurs in such a way that during a normal working day a person does everything that is required of him for his main job, and still has time to take on additional functions (Article 151 of the Labor Code of the Russian Federation).

The last name of this employee is not repeated in the report card, but is counted only once, for his main job.

Who can be a part-time worker?

Someone must take over the duties that were performed by the absent employee. By decision of the enterprise administration, an internal part-time worker may be appointed, who has agreed to compress his working hours, with the following qualities:

over 18 years old;
possesses skills and special knowledge , as well as professional training, allowing him to perform the duties of a combined position;
Possessing stress resistance , composure, and diligence.

The place where additional work is concentrated must be in close proximity to the territorial location of the main position (wasting time on covering the distance between two workplaces is irrational).

The second position must be based on the staffing table in force at the enterprise, and the nature of the work for both positions must be similar.

In what cases can it be issued?

Every employee has the right to solve family problems , improve health, etc. Sometimes circumstances arise such that a person holding a certain position in a company is absent for one of the following reasons:

fell ill for an indefinite period of time;
took time off to care for an infirm parent or a sick child;
went on maternity leave;
went on a long business trip, etc.

These and other cases, by law, do not give the administration the right to fire a person and hire another in his place, and in order to at least partially cover the functions of an employee who is absent, internal combination of positions is allowed (p. 60.2 of the Labor Code of the Russian Federation).

This solution is simply ideal for the administration: you can entrust the duties of the absentee to your employee, all of whose advantages are well known.

In addition, there is no need to temporarily attract a new person whose qualifications and abilities are still in question, but a situation may arise in which it will be difficult to get rid of him.