Instructions: write an application for combining positions

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Published: 07/25/2016

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A working citizen has the right to expand his labor functions through the performance of additional job responsibilities without drawing up a separate employment contract with employers. Such work activity within one enterprise or organization is called combination (not to be confused with part-time work!).

Additional responsibilities are assigned to the employee with his consent . In fact, such activity is possible only if approval is achieved from both interested parties (employee and employer).

If an employee takes the initiative and submits an application with a corresponding request, the employer has the right not to satisfy it, since in this case the employer evaluates the employee’s qualifications and his business qualities necessary for the combination.

• Legislation
• When is registration possible?
• Design nuances
• Registration procedure
• Payment
• Providing leave
• External alignment

Information for the document

Basically, employees perform certain work and occupy a position specified in the employment contract. But in practice, very often situations arise when one employee has to combine a position or perform additional functions that are not provided for in his employment contract. This phenomenon is called “combination of positions or professions.” Issues related to combining positions are regulated in Art. 60.2 of the Labor Code of the Russian Federation.

Features of document preparation

1. Completed sample agreement
2. The concept of combining positions
3. Form for registration of an agreement on combining positions
4. What should be provided

The concept of combining positions

Combining positions (professions) can be characterized as performing additional work in another or the same position (profession), which are not provided for in the employment agreement signed between the employee and the employer.

Important! Combining positions in accordance with labor legislation must be carried out during the working day or shift. This means that work outside working hours, including work at night, cannot be considered a combination: another legislative regulation is provided for this.

This concept also means expanding work responsibilities, increasing the volume of work, or performing the work duties of an employee who is temporarily absent.

There may be a combination:

• positions;
• professions.

Combining positions is used for employees, specialists, etc., and combining professions is used for blue-collar jobs.

Important! When combined, the employee also continues to perform his job duties.

Form for registration of an agreement on combining positions

In accordance with current legislation, combination is possible only with the written consent of the employee. In practice, there are 2 ways to obtain written consent from an employee:

• the employee writes an application with a request to combine positions (professions);
• the head of the department draws up a memo on the need to combine positions (professions), and the employee supplements this memo with his written consent and signature.

Important! in accordance with Art. 9 of the Labor Code of the Russian Federation, labor relations, as well as relations directly related to labor, must be regulated by concluding collective agreements and labor contracts, as well as agreements.

Accordingly, when combining positions or professions, this fact must be documented in an appropriate agreement. In this case, the agreement on combining positions (professions) is an addition to the contract concluded between the employee and the employer.

What should be provided

The agreement must provide:

• the period during which the employee must combine positions or professions;
• content and scope of work;
• payment.

If there is a job description, the employee must familiarize himself with it.

Important! In accordance with Art. 151 of the Labor Code of the Russian Federation, for combining positions or professions without exemption from the performance of work duties provided for in the employment contract, the employer pays the employee an additional payment.

The amount of additional payment is determined by agreement of the parties. When determining the amount of additional payment, the content and volume of additional obligations assigned to the employee are taken into account.

Possibility of refusal

The possibility of early cancellation and refusal to combine positions or professions is provided for both the employee and the employer. In particular, the employee may prematurely refuse to fulfill additionally assigned work obligations, and the employer may cancel his assignment ahead of schedule.

But the legislation provides for a certain procedure for refusal. In particular, it is necessary to notify the other party of refusal or cancellation in writing at least 3 working days in advance. This is a mandatory legal requirement.

Combination and part-time

Do not confuse the combination of positions provided for in Article 60.2 of the Labor Code of the Russian Federation with internal part-time work, the procedure for registration of which is fixed in Article 282 of the Labor Code of the Russian Federation!

In the first case, the employee, along with his direct job responsibilities, carries out assignments for another position for an additional fee. At the same time, the duration of his shift or working day remains the same. And an internal part-time worker performs other work on a regular basis only in his free time from his main job. To formalize a combination of professions, you do not need to conclude another employment contract with the employee; it is enough to make appropriate changes to the contract concluded upon hiring. A part-time worker enters into employment contracts for all positions held - primary and additional, and the number of additional positions is not limited in any way by law.

Agreement on combining positions No. 30

__________________ "___" _____ 20__
Limited Liability Company "MIR" represented by director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and legal adviser Petrov Petr Petrovich, hereinafter referred to as " Employee", on the other hand, in accordance with part two of Article 60.2 of the Labor Code of the Russian Federation, signed this Agreement on combining positions:

1. During the established duration of the working day, along with the main work, the employee in the period from June 1, 2012 to August 31, 2012 undertakes to perform additional work in order to combine positions in the position of “HR Inspector” in the amount determined by the job description for the specified positions.

2. For performing additional work in the position of “HR Inspector”, the Employee is given a monthly additional payment in the amount of ______________ (____________) rubles.

3. The agreement is drawn up in two copies having equal legal force.

SIGNATURES OF THE PARTIES:

Employer Employee

Ivanov___ ____ Petro in___

I.I. Ivanov P.P. Petrov

Ivanov received a copy of the agreement

Download the document “Sample agreement on combining positions”

Design nuances

Additional work, as mentioned above, can only be obtained at one enterprise or in one organization or institution.

But this workplace is not necessarily located in the same building (building); however, the employer adheres to the principle of accessibility and proximity of workspaces for the employee who received the combination.

More often, similar (similar) positions are combined, but it is also possible to replace an absent colleague or hire a vacant position for another position. In this case, the availability of free space is confirmed by the timesheet and staffing table. According to the information contained in these documents, the reason for the employee’s absence and the possibility of replacing him with another employee are clear.

The scope of activity of a temporary deputy is determined by the nature of the position:

1. If an employee takes a position in his profession, he will have to expand his responsibilities without a clear delineation of official powers.
2. If an employee has received a position in a position other than his main job, he expands his responsibilities with a clear definition of the type and order of work performed.

It should be noted that the combination can be either urgent (time-limited) or indefinite.

In the latter case, there is a risk of termination of the employment relationship, since labor legislation allows the combination to be terminated at the request of one of the parties.

In this case, the interested party sends a written notice to the other party within three days, and then terminates the employment relationship.

The combination itself contains quite a lot of controversial issues, for which workers go to court for resolution. For example, disputes arose about the calculation of regional coefficients or whether the assigned additional payment corresponded to the volume of work performed.

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The procedure for registration of combination

Important! When establishing a part-time job, the responsibilities for an employee indicate either the amount of work that will need to be performed, or only the type of work.

For example, for a guard guarding one parking lot, guarding another parking lot is assigned as additional work. An agreement is concluded with the watchman, which specifies the expansion of the service area. For example, an accountant is entrusted with conducting personnel records as an additional job. In this case, the agreement specifies only important types of work, and the scope of work does not need to be specified. That is, it is possible to indicate that the employee’s duty will be to fill out work books, but to indicate that filling out 15 work books is not necessary.

But, having determined the labor costs for each type of work, you can distribute the work of the replaced employee among several employees. One is assigned one type of work, for example, filling out books, and another employee is charged with issuing orders. In this case, it will be possible not to indicate the scope of work, but to write down only a list of works.

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Combining more than two positions

Situation: can an employee combine more than two positions in the same organization?

Yes maybe.

In labor legislation there are no restrictions on the number of positions that the same employee can hold (Article 60.2 of the Labor Code of the Russian Federation).

The only exception is provided for the head of the organization: he should not be a member of the bodies exercising control and supervision functions in this organization. That is, the manager cannot simultaneously be its auditor, auditor, etc. This procedure is provided for in Part 2 of Article 276 of the Labor Code of the Russian Federation.

Other employees have the right to combine more than two positions in the same organization.

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How to write an appeal

There are no strict rules established by law on how to write an application for combination; it is drawn up in free form. The text should indicate:

• FULL NAME. and the position in the organization of the recipient - the head of the organization;
• Full name, position in the organization and personnel number of the applicant;
• the name of the position that the applicant plans to take;
• the date from which the applicant plans to begin performing additional work;
• date of the document and signature of the applicant.

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Additional payment for combination

When combining professions (positions), the employee is entitled to an additional payment in addition to his earnings. At the same time, the legislation does not establish either the maximum or minimum amount of such additional payment. This follows from the provisions of Article 151 of the Labor Code of the Russian Federation. Thus, the additional payment for combining professions (positions) is determined by agreement of the parties individually for each case of combination. In addition, it can be established in advance in a collective agreement with employees or in another local document of the organization, for example in the Regulations on Remuneration (Articles 149 and 8 of the Labor Code of the Russian Federation).

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How to finish the combination

Situation: is it necessary to formalize a dismissal or transfer if an employee needs to cancel his/her job?

No no need.

In this case, there is no talk of dismissal or transfer. When combining, a separate employment contract is not concluded and an entry is not made in the employee’s work book (Article 60.2 of the Labor Code of the Russian Federation, Section 3 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69). The combination is formalized for a certain period by order of the manager by agreement of the parties. After this period, the employee stops working in the combined profession (position) and continues to perform only the work provided for in the employment contract. Both the organization and the employee have the right to cancel the combination early by notifying the other party in writing no later than three working days in advance. This procedure is established by Article 60.2 of the Labor Code of the Russian Federation.

Replacement of temporarily absent employees (temporary substitution)

This type of combination is used by the employer in cases where it is necessary to replace an employee who is on a business trip, on sick leave or absent from the workplace for other valid reasons.

Part-time work is possible, both in the same profession and in a different one.

The name itself speaks of the temporary nature of this type of combination. The replaced employee retains his job, and the part-time work itself is performed only until the permanent employee returns to work.

In this case, a unilateral refusal to combine is also possible.