Sample notice of early cancellation of an additional agreement on combining positions

Sample application for payment for combining positions

Resolving issues of replacing absent employees is a common situation for many enterprises.
The employee confirms receipt of his copy with a signature and date of receipt on the document, which remains with the employer.

The Labor Code prohibits forcing workers to hold multiple jobs. Article 60.2 of the Labor Code states that the employer is obliged to obtain their consent to perform additional functions, and in writing. It can be given in different ways:

you can endorse the manager’s written proposal by putting a date, your signature and the word “AGREE” on it;
or write a free-form application for consent to combine positions in your own hand, expressing your good will to add official duties.

In practice, the latter option is more often used. By drawing up a statement, its author does not simply agree to additional work, but asks management to allow him to perform the functions of another employee.

The application for combination is written to the head of the organization or the person who temporarily replaces him. The law does not prohibit printing a document on a computer, but employers often require that it be written by hand in case of legal disputes (when a handwriting examination may be required).

Before an employee is offered a combination, the person interested in it (usually the head of a structural unit) draws up another document. He needs to inform the head of the enterprise about the need to involve one of the employees in combining positions. It often occurs when one of the “irreplaceable” employees is absent for a long time, for example, while on vacation or sick leave.

Only after receiving the consent of senior management, the head of the department turns to one of his subordinates with a proposal to combine two positions. Having agreed, the employee draws up an application for combining positions, an example of which was given above.

For a memo, printing is not a mandatory element. However, if it is possible to put it, it is better to do this by giving the document a more official status. It is important in the note to justify why the need for combination arose. Typically, company management responds positively to such requests.

Part-time work is a good way to earn extra money if the salary at your main job is not satisfactory. However, in order to do this, you need to correctly draw up a number of documents, and also understand the difference between combination and part-time work. Sometimes even HR specialists encounter difficulties with such registration. It depends on how exactly the employee’s job responsibilities will change in the future.

In this case, additional responsibilities are performed in parallel with the main ones. According to the article, an additional payment is required for this, the amount of which is not fixed by law, but is established through an agreement between the parties. Assignment of duties in another profession of a position occurs with the written consent of the employee, where the period, essence of the work and its volume are established. Let’s say an employee is listed as an accountant under an employment contract.

There is a vacant part-time position for a part-time economist. He is offered to take on these responsibilities, for which additional payment will be charged. The Contractor is not obliged to accept such an offer.

According to the standard rule, job responsibilities are performed by a specific employee. However, there are often situations when the main employee is absent. This may be due to his temporary disability, being on maternity leave, vacation or other circumstances.

A selection of the most important documents upon request Application for combining regulatory legal acts, forms, articles, expert consultations and much more. Employee's statement of consent to combine positions.

Employee's statement of consent to combine positions. The procedure for registering the assignment of additional work to an employee is not established by law; it has developed and is being applied in practice. Often this includes the employee writing an application to combine a profession. We will provide a sample of such a document and discuss important issues in its preparation.

Recently, working in two or more jobs has become a common phenomenon among workers. This earning option is relevant because it increases monthly income. To implement this process, you should familiarize yourself with the rules for its implementation.

The information presented in this article will help you with this. By law, a specialist can register an unlimited number of combined jobs. To do this, you need to follow the procedure for registering an additional type of activity. The standard procedure for such a process includes the following registration stages:.

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Business managers often have to use a system of combining professions to ensure uninterrupted production. When combining professions and positions, it is necessary to take into account a number of nuances that relate to both remuneration and documentation of the process. The issue of wages is perhaps the most important for both employees and employers.

The duties of an employee temporarily absent during illness are assigned to another employee by substitution, part-time work, or combining positions during sick leave. The combination of positions is carried out in accordance with Art. Responsibilities for combining are assigned to the employee of the enterprise on the basis of an additional agreement to the employment contract. The employee must give written consent to register the combination.

Often, within the framework of one enterprise, it may be necessary to implement certain functions by one employee. Carrying out such a procedure is required by law and must be carried out in a strictly established manner. The following publication will help you understand the features and rules of this process.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact a consultant:. Such measures are often taken to improve the efficiency of the organization, expand production volumes and solve other problems. At the same time, the employee has the right to take on additional work at his own discretion.

In what cases is there a need for combination? Most often, combination is required in cases where one of the employees goes on maternity leave, one of the employees is on long-term sick leave, on a business trip or on vacation.

Combination is also used to optimize the workforce, for example, in times of crisis, financial difficulties in the company, etc. Conditions for combining When combining, all work is carried out by the employee during a standard working day, i.e.

Along with his main responsibilities, the part-time worker also performs the functions of a second position. Combination necessarily implies an additional payment of wages, the amount of which is negotiated individually.

note

Who can initiate a proposal to combine positions can come from both the employer and his subordinate.

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Combining professions or combining positions Sometimes HR specialists confuse these two concepts. They are quite close, but, nevertheless, there is one key difference between them.

Attention: The term “combining positions” is usually used for employees working in offices. For those who work “in the fields”, i.e.

Often, especially in the summer, when many employees are on vacation, their work is performed by other employees, combining both positions at their own request or at the request of the head of the enterprise. Questions about registering a part-time job are quite difficult for many, as they have many pitfalls.

Part-time employment in one organization may be due to the following reasons:

long-term stay of an officially registered employee on sick leave;
maternity leave of the employee;
long-term business trip;
shortage of working personnel due to the company crisis;
removal from office of an employee due to his dismissal and the inability to hire a new one due to lack of funds;
necessary increase in the efficient execution of relevant production, computing or organizational tasks.

An employee performing part-time duties must complete an application in which he agrees to undertake additional work duties, indicating their names, along with the reasons.

The process of documenting the replacement of an absent employee is regulated by the Labor Code of the Russian Federation, namely Article 150. The head of the organization, in accordance with legislative norms, performs the following actions:

after receiving an application from an employee for part-time work, instructs the HR department to create an order. According to this order, the employee can begin to perform new tasks documented in the document.
draws up an additional employment contract with the employee, indicating the relevant conditions of activity and methods of incentives. The amount of remuneration in this case is equal to the salary of an employee who is temporarily not performing duties.

Notice of cancellation of combination

Part-time work must differ from the functionality being implemented in the main position. One of the legal requirements for the procedure is that part-time work must be carried out without changing the work schedule. Documentation Step by step, the entire procedure for appointing part-time workers can be presented as follows:

Selection of candidates who will be able to fulfill the full range of responsibilities for two positions at once.
Conducting a conversation with a future part-time partner or writing to him with a proposal to temporarily arrange a combination.
Obtaining verbal consent followed by a written response to the employer's request.

The next step is to sign an additional agreement to the current employment contract. The document must describe the employee’s updated job function.

According to this legal act, if an employee does not want to perform his additional job duties, he must notify his employer about this in advance. Moreover, this notification must be in writing.

Attention: If possible, you should send this refusal by registered mail, with a description of the attachment.

If the initiator in such a situation is the employer himself, then he is also obliged to notify his employee in advance about the termination of the additional agreement to the employment contract.

It is imperative to do this against signature, otherwise this procedure will be illegal. Deadlines Today, combining positions can be:

This point must be indicated in a special additional agreement.

Full name of the employee, his position) from performing additional work." A sample of filling out an order to cancel a combination may look like this: Rules for filling out an order:

In the upper right corner there should be the full official name of the organization, the locality in which it is located, and its address. Here you need to enter the date of registration.
The full name of the document is “On Cancellation of Combination” (located in the center of the form).
Information about the employee with whom the additional agreement is terminated (his full name).
A reference to the legislative acts according to which the document is issued (most often Art.

Combination and its termination: the correct procedure for registration

Themes:
Based on forum materials

Hello, please help me, I need to cancel the combination! How can I do it? As I understand it, the order and additional. Cancellation agreement, but I'm not sure! And if anyone has an example of an order and additional information.

Agreements, I would be very grateful...) the employee’s application for release from part-time work (or written consent), additional agreement, order to cancel part-time work. Combination is one of the types of additional work.

In accordance with Article 60.2 of the Labor Code of the Russian Federation, additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions).

Additional work is possible only by agreement of the parties to the employment contract.

Important If an employee wants to refuse to perform additional work early, he must also notify the employer in writing 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.

Question from practice: is it necessary to formalize a dismissal or transfer if an employee needs to cancel his or her job? No, it is not necessary. In this case, there is no talk of dismissal or transfer.

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.

How to notify about the cancellation of a combination?

Application An application for cancellation is required if this step is an employee initiative. It must be in writing, in two copies. The application form can be arbitrary; a specific format for this document is not established by law. The application must include the following information:

Date of preparation;
the person to whom the document is addressed (directly the head of the organization);
a succinctly stated requirement to terminate the combination, indicating the reason for refusing additional work;
signature of the employee and the person accepting the application (HR employee, accountant or boss).

Upon receipt of an application for early termination of the contract, the HR department must issue 2 types of documents: on the termination of additional work activity and on the elimination of the additional payment.

Additional agreement on the abolition of combining positions

If an employee refuses to sign the document, the manager makes a corresponding note in the order.

It must contain information about the terms of termination of the contract.
It is necessary to indicate information about the cancellation of additional payments for combining positions.
It must contain information about the position, duration and volume of work performed, as well as the amount of payment.
Conditions for canceling a part-time job by a manager You can read about all the main aspects of ending a part-time job in Article No. 60 of the Labor Code of the Russian Federation. The specifics of the opt-out process depend on the specific terms of the employee's contract. To prevent the occurrence of possible labor disputes, the decree must be drawn up in accordance with all the rules of the current Labor Code of the Russian Federation. It is worth remembering that the employee himself has the right to refuse to combine and perform additional duties.

Notice of cancellation of additional work assignment

The initiative can come from both parties; it is desirable that this decision be agreed upon. The employee must be aware of the employer's decision, but the manager is not required to formulate the reason for the cancellation.

At the employee's initiative, the Employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

Often the refusal is dictated by the unsatisfactory level of additional payment - its amount is usually established by a local order and is fixed. According to Art. 60 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of the early termination of his additional duties three working days in writing.

The employer is forced to notify about his decision three days before issuing an order to cancel the combination, which will be the final stage of canceling the combination. Once the combination of positions has been cancelled, there is no longer a need to pay the premium.

1 Procedure for canceling combined positions
2 Drawing up an order
3 Conditions for canceling combination by manager
4 Dismissal after certification
5 Dismissal due to the employment of other employees
6 Features of payment cancellation

The procedure for canceling combined positions The process of canceling combined positions takes place in accordance with the provisions of the Labor Code. It is important for the manager to take into account all the nuances of documentation in order to avoid possible mistakes.

Notice of cancellation of combination of positions

Art. No. 60.2 of the Labor Code of the Russian Federation - indicates the very possibility of assigning additional work to an employee with his written consent;
Art. No. 151 of the Labor Code of the Russian Federation - an additional payment regime is established for the combination itself (by agreement of the parties);
Article No. 72 of the Labor Code of the Russian Federation - the procedure for canceling an additional labor agreement on combination of jobs is not identical to the annulment of an employment contract.

Also, if possible, it is worth familiarizing yourself in detail with the judicial practice on this issue:

appeal ruling of the Moscow Court No. 33-19209/14 dated September 10, 2014;

Source: https://pbcns.ru/uvedomlenie-ob-otmene-sovmeshheniya/

https://youtu.be/jZeJ5B8bm3g

How to correctly write an application for combining positions, sample

Director of GMZ-2 Semenov S.S. from the head of workshop No. 3 Petrov P.P.

SERVICE NOTE

I propose to set the amount of the additional payment at 50% of Ivanov I.I.’s salary.

Signature __________P.P. Petrov. Date ___________

Some aspects of this example are discussed in the next section.

The manager may decide to allow the employee to combine positions.

7 (St. Petersburg)

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APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE!

The combination must be accompanied by the preparation of an application for combining vacancies (or professions).

In addition, the employer may provide the employee with consent in the form of notification of the availability of positions that can be combined.

Document form

There is no unified application form for combining positions, so the document is drawn up in any form.

The application must be drawn up three days before the start of additional duties.

Is it possible to work part-time without a main place of work? Read here.

Are part-time employees entitled to severance pay upon dismissal? See here.

Content

Each document accompanying the combination registration procedure indicates the deadlines.

The employee’s signature on the application means his consent to continue working in this organization under new conditions.

The employee’s application is the basis for drawing up an additional agreement to the employment contract, which reflects the conditions for the execution of the assigned work.

The additional agreement must indicate the right of the employee and the employer to terminate the new work early.

Based on this document, the manager draws up an order to assign additional work.

The employee familiarizes himself with the order against signature.

The application for consent to combine positions is recorded in the application log.

Drawing up a document usually does not cause difficulties either on the part of employees or on the part of managers.

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In one organization

It could be:

internal (in one organization);
external (in different).

At 0.5 bets

To complete it you only need:

vacant place;
lack of contenders for it.

The format is as follows:

Concluding an employment contract if a new employee is hired.
Writing an application for combining professions (positions).

The application, in addition to the standard list, indicates the size of the rate. This will determine the amount of work that will be assigned to the employee.

Conclusion of an additional agreement to the employment contract.
Publication of the Order.

In kindergarten

Let’s say the possibility of combining the professions of a teacher and a music director is being considered.

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In what cases is it permissible to terminate the combination?

The conditions for terminating the agreement (cancelling the combination) are specified in article TC under number 60.2 - both parties can take the initiative in this case.

If it is difficult for an employee to perform additional work or he is not satisfied with the additional payment, he has the right to notify the employer in writing three days before the termination of additional work activity.

If the employer is the initiator of the termination of additional work, he also draws up a notice and gives it to the employee.

An example of a notice of termination of combining positions can be downloaded here.

A mandatory condition is familiarization with a signature. Without the signature of the second party, the notice is considered not sent (has no legal force).

Also, the reason for canceling the combination may be the expiration of the additional agreement.

This document could be:

Indefinite or having no time limit. In this case, termination of additional labor relations occurs within three days after sending the notice.
Urgent or limited in duration. Most often we are talking about temporarily replacing an absent colleague. This agreement is terminated less frequently due to its duration.

Drawing up an application for combining positions and receiving an appropriate salary supplement

We talked about how to correctly write a response to a memo here.

From a new line, they state the essence of the application with a request to allow part-time work and the desired amount of additional payment for increasing responsibility and the volume of work performed.

The application is completed as usual - with the date of its preparation and the personal signature of the applicant. Driver of the transport department In connection with the voluntary dismissal of loader Moiseev I.

P. I ask for permission to carry out the scope of his work during the absence of a full-time employee with an additional payment of 6,000 rubles from 08/01/2020. 07/26/2020 signature A.

A. Klimov Since the document is not binding, how it is stored is decided by the person responsible for office work, usually a human resources specialist

Combination order

The initiative to combine can come from both the head of the organization and his subordinate. In any case, regardless of who was the author of such an assumption, in order to allow an employee to work combining two positions, it is necessary to carry out a number of preliminary actions.

After this, an additional agreement to the employment contract is concluded between the management and the subordinate, which specifies all the conditions of the combination, including the nature and scope of additional responsibilities,
start date of their execution,
period,
amount and form of payment, etc. (in general, everything is as in the employment contract).

start date of their execution,

Then, based on this application, a special order is issued on behalf of the director of the enterprise.

period,

amount and form of payment, etc. (in general, everything is as in the employment contract).

all conditions of combination, including the nature and scope of additional responsibilities,

First of all, the employee must agree to the combination, always in writing.

It is not necessary to enter the fact of a part-time job in the work book (at least, there is no such requirement in the law), and there is also no need to reflect the hours worked by a part-time worker on additional duties in the time sheet - only the time spent on performing basic functions is recorded here. And only after all the formalities have been completed, the employee can begin part-time work.

How to write an application for combining positions?

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By law, a specialist can register an unlimited number of combined jobs.

To do this, you need to follow the procedure for registering an additional type of activity. The standard procedure for such a process includes the following registration stages:

The employee must write a statement addressed to the manager. The document requires you to indicate: your data and information about the manager, the full name of the organization and a request for a desire to perform additional work. The completed document is provided to the employer for review;
If the applicant meets the activity criteria, the supervisor signs the application. He must also draw up an order for the preparation of relevant documents and prepare a memorandum in writing;
Based on the completed procedure for registering an employee for additional activities, the manager issues an order.

It is mandatory to include information in the application regarding the duration of the process and the amount of remuneration.

The maximum period for submitting paper should not exceed three days.

To conclude an agreement for internal part-time work, the employee must write an application.

The following must be indicated:

Details of the manager who will receive the document and sign;
Personal information of the applicant: full name and post;
The essence of the appeal and the timing of readiness to begin the work process;
Date of drawing up the working agreement;
Employee signature.

Based on the request, the employer issues an order and, together with the subordinate, draws up an agreement to the employment contract on combining activities.

Despite the executed employment contract, according to Article 60.2 of the Labor Code of the Russian Federation, a specialist may refuse to perform additional duties. To formalize the refusal you need: It is worth noting that when you are removed from an additional place of work, this does not affect the duration of vacation pay and the calculation of length of service. Any action in the service of an employee or employer must be properly documented.

Correct adherence to all procedures will allow both parties to avoid the development of conflict situations and continue effective cooperation.

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In the application, the employee expresses in writing his consent to perform additional duties in addition to his main activities. The combination can be on a permanent or temporary basis.

In the application, the employee expresses in writing his consent to perform additional duties in addition to his main activities.

The combination can be on a permanent or temporary basis.

Content

Ultimately, a Combination Order is issued, which assigns new responsibilities to the performer.

In kindergarten

Sample notice of early cancellation of an additional agreement on combining positions

At the employee's initiative, the Employee has the right to refuse to perform additional job functions for personal reasons.

Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.

This practice is called combination - most often it means temporarily replacing an absent employee. Can only be internal, taking into account the main work schedule.

Examples of transferring part of the responsibilities to an employee whose colleague is temporarily disabled or on vacation are quite common. However, when the need for combination disappears, the employer needs to competently release the employee from the additional powers assigned to him.

1 Reasons 1.1 At the initiative of the employee
1.2 At the initiative of the employer

2 How to register

2.1 Statement

2.2 Order

2.3 Notice

2.4 Additional agreement

3 Is there a concept of “dismissing a part-time worker”?

Causes Deregistration usually occurs for various reasons.

How to issue an order to cancel combining positions?

The application form can be arbitrary; a specific format for this document is not established by law. The application must include the following information:

Date of preparation;
the person to whom the document is addressed (directly the head of the organization);
a succinctly stated requirement to terminate the combination, indicating the reason for refusing additional work;
signature of the employee and the person accepting the application (HR employee, accountant or boss).

Sample agreement on combining positions

Labor Code of the Russian Federation;

information about changes in the contract, its registration number and date of signing;
signature of the authorized person and its transcript, indication of the position of the manager.

After reading the notice, the employee must sign it, confirming that he is informed about the document and has received one copy. If a notice was not sent to the employee, the order reflects only the fact that the additional payment was withdrawn.

Attention Additional Agreement The Additional Agreement is a mandatory document when registering a part-time employee. It is in it that the terms for filling a vacant position, official responsibilities and payment regime are initially stipulated. Important In accordance with the law, it is drawn up both at the beginning of the combination and when it is cancelled.

If there is no fact of combination in the employment contract, the agreement must be formalized without fail.

Additional agreement on combining positions

It is also necessary to remember that in order to cancel the combination of positions, a special order must be drawn up.

Its format is also not established by law, but if possible, it is worth drawing it up according to the following model: Order to cancel the combination of positions Additional agreement Today, if it is necessary to carry out combinations, it is mandatory to draw up a special additional agreement to the employment contract.

It contains the following data:

date of compilation;
as concisely as possible, but indicating all the necessary facts, the conditions for terminating the combination agreement (or establishing a combination);
details of the parties;
signature of the manager and employee with a transcript.

In this case, the details should be drawn up at the bottom of the document, in tabular form, which somewhat simplifies the preparation procedure itself. Do you need an order? The presence of an order is always strictly necessary in the absence of a combination designation in the employment contract. In this case, there is no need to draw up a separate order - the termination of payment is formalized as a separate clause in the main order to cancel the combination.

Accounting nuances Usually there is an additional payment for combining. In this case, it is necessary to deduct from the additional payment for part-time work:

Personal income tax – in the amount of 13% in favor of the state;
deductions of various types - according to a writ of execution or on another basis.

You should remember the need for appropriate deductions from the surcharge in favor of state extra-budgetary funds:

Combination today must be documented accordingly, and the situation is similar with cancellation.

Labor Code of the Russian Federation).

An order indicating the essence of the order.
The fact that the employee was deprived of additional pay must be indicated.
The grounds for termination of additional functions are determined (information about the additional agreement, its number and date is entered).
The order is signed by the employee and the manager, and the wet seal of the institution is placed on the form.
The notice is drawn up if the termination of the employee’s additional duties occurs at the initiative of the employer. There is no single form for this document; it is drawn up arbitrarily, but the notification must contain the following items:

full name of the document (“On early cancellation”);
contacting the employee with a brief summary of the essence of the notice. The basis is usually Art. 60 p.

If an employee wishes to refuse combination work, he will need to notify his employer no later than 3 working days in advance - in accordance with Article No. 60.2 of the Labor Code of the Russian Federation. If the initiator of termination of the additional agreement is the employee, the deadline is not set.

The only condition is that the employee familiarize himself with the cancellation of the additional agreement. How to formalize the termination of combining positions? Today, the procedure for canceling combined positions has a very large number of different complexities and nuances.

This procedure includes the preparation of special documentation.

Combination can be useful for quickly replacing an absent employee (on maternity leave, business trip, sick leave). To formalize the combination, it is necessary to agree on its terms with the employee and conclude an additional agreement on combining positions.

Who can be entrusted with combining positions Combining positions can be offered to both one and several employees, depending on the specific functionality assigned. It is important to take into account that the position for which the combination will be performed must be provided for by the current staffing schedule in the company.

Source: https://law-uradres.ru/obrazets-uvedomleniya-o-dosrochnoj-otmene-dopolnitelnogo-soglasheniya-po-sovmeshheniyu-dolzhnostej/

We arrange a combination of positions: a cheat sheet for a personnel officer

Decision of the Severomorsk City Court dated January 10, 2012 in case No. 2-1952/2011

The wording “combining professions” is used for blue-collar professions, and “combining positions” is used for employees, specialists and managers. Restrictions on the possibility of combining positions are imposed by other conditions.

For example, the employee’s qualifications may not correspond to the new position, or work in the position requires additional documents (for example, medical clearance).

Position preparation If we are talking specifically about combining positions as such (as opposed to expanding the service area), then the following conditions must be met: 2. Written consent of the employee In accordance with Article 60.2 of the Labor Code of the Russian Federation, additional work can be assigned to an employee only with his written consent.

Payment can be set in both absolute and relative units. For example - 6,000 rubles. per month or 40% of the employee’s salary in accordance with the staffing table.

COURT PRACTICE: The defendant argued that the orders indicated specific amounts of additional payments; the application of an allowance for work in the Far North and a regional coefficient to them was not provided. Based on this, the court satisfied the plaintiff’s demands in full.” Decision of the Severomorsk City Court dated January 10, 2012 in case No. 2-1952/2011

When is combination used?

In what circumstances is combining positions necessary?

There are different situations in which a company may decide that a combination is necessary:

More efficient solutions to a variety of problems.
When an old employee is dismissed, when a new one cannot be hired due to financial difficulties.
Lack of labor at the enterprise.
Long business trips.
Registration of maternity leave for one of the employees.
Completion of long-term treatment, which is confirmed by documents.

In any such situation, it is recommended to submit an application for combining positions. The document is needed to confirm receipt of consent from the employee.

New job functions are started only after the application is signed.

Article 60.2 of the Civil Code talks in detail about the concept of “combining positions.” It states that combining should be understood as performing additional work over a period of time, for which the performer should receive additional remuneration.

Combining positions is important when expanding service areas and increasing production capacity. Applications are required in any situation. You just need to use different wording.

Application for a salary increase for combination

If an employee is offered to replace someone who is absent from work, he should not immediately agree to it. First, you need to discuss all the nuances and clarify the details of payment for this part-time job. If an agreement on the amount of payment for additional work cannot be reached, the work may be offered to another employee.

The application is drawn up by the employee independently, by hand or using office equipment. In addition, the employee’s consent to the proposed conditions may be expressed in an additional agreement concluded with the employer. So the question of the need for this document is decided within each individual organization, taking into account its established office practices.

The manager and other persons involved in processing personnel issues must familiarize themselves with this document. If the combination turns out to be not what the employee imagined, he can write a statement refusing it at any time.

Of course, the unworked period will not be paid, but the burden of additional responsibility will fall off your shoulders.

Registration procedure

Refusal of combination or its cancellation has a rather complicated procedure.

The employer needs to take into account all the nuances of documentation in order to avoid annoying mistakes.

Three main documents are required (application or notification,

order and additional agreement), as well as strict adherence to the procedure.

At the first stage, a warning (notification) is made to the second party.

If the initiator is an employee, he writes and submits an application addressed to the head of the organization, institution or enterprise. This document does not have a single (unified) form, so it is written by the employee by hand.

The request is presented in free form, however, it is necessary to enter the main points and information:

Contact the management indicating the last name, first name and patronymic, as well as the position of the manager.
Enter the last name, first name and patronymic of the employee, as well as indicate his position.
Write the exact title of the document (it is placed in the center of the sheet).
Briefly and clearly state your request to terminate your employment as a part-time worker.
Enter the date the document was created, as well as your signature with a transcript.

If the initiator is the employer, he also draws up a notice in free form. Labor legislation does not provide a single form for this document. The document contains the following blocks:

Full name (about early cancellation).
An appeal to the employee with a brief statement of the essence of this appeal. As a basis, the article of the Labor Code under number 60.2 is indicated and information is entered on the agreement, which was amended by an additional agreement (registration number, date of signing of the agreement).
The manager’s signature contains a transcript and an indication of his position. For example, “General Director Sidorov V.I. (Sidorov Viktor Ivanovich)"

Having received the notification, the employee puts his signature on it (the wording “I have read the notification”). If the application is submitted by the employee himself, the employer is obliged to impose a handwritten resolution on him. This entry also serves as confirmation that you have read the document.

At the next stage, management issues an order. The basis for publication is a statement or a notice sent by the manager and signed by the employee, as well as an additional agreement.

Moreover, according to modern labor legislation, the agreement is drawn up both when hiring an additional workplace, and when canceling such work activity.

The document contains:

Full title and date of compilation.
A laconic listing of the conditions or reasons for terminating this combination.
Details of both parties. These include the TIN of a legal entity, its registration number, postal address and zip code, and contact numbers. For the employee, passport data, telephone number, and home registration are indicated.
Signatures of both parties with transcript.

The order also does not have a single form, but it is possible to draw up the document on a form approved by a specific enterprise or organization.

The document contains the following points:

The name of the legal entity, the name of the locality in which this legal entity is located, the number and date of publication of the document.
The title of the document, placed in the center of the sheet.
Brief instructions. For example, “in connection with the hiring of an employee on a permanent basis, I order.” The details of the document that serve as the basis must be given. In the above example, you should indicate the number and date of signing the agreement under which the new employee was hired.
The manager's order consists of two points. The first states that such and such employee’s job has been terminated. The second indicates that additional payments for combining are no longer accrued to him.
The basis for this is the signing of an additional agreement.
The manager’s signature with a transcript is placed below.

An order to remove the combination can be found here.

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Labor consultant

Most employees never turn down additional part-time work and the opportunity to increase their regular salary.

The optimal way for this is combination, which can be carried out in one organization, with one employer.

However, you should not immediately agree with the employer’s proposal; it is better to think through all the nuances in advance and foresee the possible consequences. All requirements for preliminary discussion of the nuances of future combination are aimed, first of all, at protecting the rights of employees. They must understand exactly what they are agreeing to, and what exactly the manager will expect from them.

In this case, the employer has the legal right to offer additional work to other employees. The current regulations do not establish the exact form for this document, however, the procedure for office work, as well as other regulations, require the mandatory indication of the following essential information: The application can be written either by hand or typed on a computer - any of these options is considered acceptable.

In addition, the absence of objections from the employee must be recorded in an additional agreement, which is also signed by the employee and his employer. This document is mostly required for the manager to ensure the clearest possible accounting of work processes and all changes occurring within the organization.

It is acceptable to store the application along with other orders of the institution or in another special folder, as well as in the personal file of the employee, in respect of whom the additional payment for combination was established. Combination is often an excellent way not only to increase your regular income, but also to gain new skills, try yourself in a new position and discover additional skills.

In addition to basic information, it must also indicate the exact amount of payment due to the employee. Did you find this article helpful? Share with your friends!

Tags: position, sample, payment, combination, petition

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Internal combination of positions and work book

Both of these categories assume that the employee performs work in addition to his main position in the organization, but are fundamentally different. Part-time work involves working in your free time from your main job. Chapter 44 of the Labor Code of the Russian Federation is devoted to the legal status of part-time workers, where it is established, for example:

standard working hours;
the procedure for granting leave to part-time workers;
grounds for dismissal of a part-time worker.

If it is possible to combine positions only with the same employer, then they work part-time both in the same company and in another.

The procedure involves several stages: 1. First of all, it is necessary to offer the employee additional work: verbally or in writing.2. If an employee agrees to perform additional functionality, written consent must be provided, although the form of such consent is not established by law. We believe that in this case any written form is acceptable:

separate agreement of the parties;
the employee’s record of his consent to the company’s offer (if it was made in writing);
a separate statement from the employee expressing his consent to fulfill the additional requirement. functionality.

3. Apply for additional agreement to the employee’s employment contract, fixing his changed labor function. By analogy with an employment contract, the agreement must be drawn up in two copies, one of which is given to the employee, and the other is kept in the company. The agreement must indicate the conditions:

about the very fact of the order of additional functionality;
about the position or profession for which additional work is expected to be performed. work;
about the actual content of the assigned work and its volume;
about the deadline for assigning work;
about payment for such work (indicate the amount of additional payment).

The employee's signature on the agreement will indicate his agreement with the proposed conditions.4. Issue an order to establish the combination, indicating in it all the necessary conditions for the latter. The order is drawn up in free form; a unified form is not provided.

With internal combination, the employee is assigned additional functionality, which he performs during his working hours. So, for example, if an employee works according to a standard schedule from 9 a.m. to 6 p.m., then during this time he performs both his main work under the employment contract and internal part-time functions.

In this case, the combination can only be carried out in another position or profession (Article 60.2 of the Labor Code of the Russian Federation). If the same profession or position is involved, additional work may be assigned by expanding service areas or increasing the scope of work.

In case of internal part-time work, it is necessary to conclude a second employment contract, and work under such a contract must be performed in free time from the main job (Article 60.1 of the Labor Code of the Russian Federation). In other words, an employee works from 9 a.m. to 6 p.m. under the main contract and from 6 p.m. to 8 p.m. on an internal part-time basis.

An entry about a combination of jobs is not made in the work book, but a part-time job is entered at the request of the part-time worker.

First of all, it is necessary to obtain the employee’s written consent to increase his functionality. There is no official form for obtaining consent in the legislation, and the company can independently develop the appropriate form and approve it by order or provide for it in a local regulatory act.

In practice, three methods are used:

an agreement between the parties on combining positions is signed;
the employee is invited to put a resolution “I agree” on the employer’s written proposal;
the employee himself writes a free-form application containing consent to combine positions.

You can choose any of the three options indicated; the law does not prohibit this.

The next step is the execution of a written document specifying the duration of the proposed combination, as well as the content, scope of work and the amount of compensation (additional payment). This is a requirement of the Labor Code of the Russian Federation (Part 3 of Article 60.2, Part 2 of Article 151 of the Labor Code of the Russian Federation). The legislation does not provide for an official form of such a document, nor does it oblige the conclusion of an additional agreement to the employment contract.

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As in the case of the employee consent form discussed above, the company has the right to develop an appropriate form and approve it by order or provide for it in a local regulation. The only recommendation is that this document must be drawn up in two copies, so that one remains with the employee and the other is kept in the company’s HR department.

Finally, the final stage of registration of combining positions is the issuance of a corresponding order.

Like other documents discussed above, the order is drawn up in free form; there is no unified form.

The order must duplicate all the conditions for combining positions agreed upon by the parties: the type of work assigned and its content, the period for which the combination is expected, as well as the amount of the agreed fee for performing additional work.

The order is issued on the basis of a signed agreement between the parties to perform additional work.

The employee must be familiarized with the order against signature.

Current regulations that provide for the procedure for filling out and maintaining work books do not allow the possibility of making a record of combination in the work book. There is no need to make such an entry in the work book.

Registration of termination of combining positions

And since even during the worker’s absence the volume of his work does not disappear, and the production process certainly does not stop, the duties of a vacation worker, as a rule, are assigned to another employee in the manner prescribed by law.

The legislative framework

From the first day of employment, an employee has a certain range of responsibilities, which are assigned to him on the basis of an employment contract, as well as a job description, if any.

At the same time, by virtue of Article 60 of the Labor Code of the Russian Federation, the employer cannot demand the fulfillment of additional duties that are not enshrined in these acts, with the exception of certain cases.

Thus, within the framework of Article 60.2 of the Labor Code of the Russian Federation, in the absence of the main employee, who, for example, is on vacation, it is possible to assign additional responsibilities to another employee by combining two positions and expanding service areas.

But only if certain mandatory conditions are met:

employee consent;
compensation for more intensive work in monetary terms.

Concept

Within the framework of the law, combination is the assignment of additional duties to another employee without relieving them of their own or increasing the workload due to the fulfillment of the workload of the vacationer, and for the same 8 hours as provided for by the work schedule in the company.

At the same time, taking into account that an employee may be assigned both similar tasks and ones completely different from his usual range of responsibilities, the combination can be done in two ways:

Simultaneous performance of duties, but at a more intensive pace, given that we are talking about expanding service areas.
Alternate execution of tasks in order of their importance for both positions or according to other criteria that are determined by the employee himself.

Within the framework of Article 60.2 of the Labor Code of the Russian Federation, combination can be carried out only with the written consent of the employee, and the deadline for fulfilling the additional load is also agreed upon.

The work schedule for the main position may be different during the month and, accordingly, at the beginning of the month the employee still has the opportunity to perform an additional amount of work, but at the end, if the same quarterly reports are to be submitted, he no longer has the opportunity.

And since, without the consent of the worker, the employer cannot oblige him to perform the amount of work of the vacationer, combination is a right, given that the worker can choose whether to agree to an increased amount of work or not.

Who can be involved?

The law does not contain a list of restrictions on being involved in part-time work. However, this does not mean that they do not exist at all.

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That is, it is possible to attract a pregnant woman or a minor employee, as well as a disabled person, to work in such a mode, but it is not advisable, given that they already work under conditions of reduced workload and shortened work shifts.

Restrictions

Also, additional restrictions when combining are the following aspects:

a ban on the assignment of duties for a vacant position, which is confirmed by judicial practice;
the impossibility of being hired for a position with higher qualifications, given that an employee without proper education or clearance does not have the right to perform such duties; therefore, combinations are permissible only between equivalent categories of blue-collar professions or specialists;
a ban on hiring without a medical examination, if the position requires the issuance of a medical record;
the impossibility of assigning duties without undergoing training, given that the rules of safe behavior are established in all workplaces without exception.

By virtue of the law, combination is the assignment of additional duties without exemption from one’s own, while replacement is a transfer to another position before the main employee leaves.

As a rule, replacement is used in the event of a long-term absence of a worker, for example, maternity leave, with the likelihood of remaining at the workplace permanently due to transfer. While the combination is used only for a very short time, that is, for the same period of annual rest.

When performing labor duties in conditions deviating from the norm, the Labor Code of the Russian Federation contains not only clear standards for payment, but also a minimum fixed amount, but not in the case of combination.

However, given that the amount of work for each position is calculated in proportion to the standard hours per week, performing duties in two positions at the same time can be not only difficult, but also impossible.

Naturally, in such a situation, the amount of additional payment will naturally be different, given that the complexity and intensity of the work will vary.

Order

Within the framework of Art.

151 of the Labor Code of the Russian Federation, the amount of the additional payment is determined by agreement of the parties, which is reached both when issuing an order on combination, and, possibly, earlier, for example, under the terms of a collective agreement, in which a condition on the basic amount of the additional payment in the event of replacing the main employee can be previously introduced.

At the same time, regardless of whether the amount of the additional payment is stipulated in the agreement adopted collectively or not, the order indicating the amount of the additional payment is issued anyway, taking into account that several employees can be involved in the part-time mode, and with different workloads.

That is, if the vacationer’s salary was 12 thousand, the additional payment, even based on three shift workers, cannot be higher than the specified amount, but it can be less.

Of course, each company has different financial capabilities. And the parties may have their own opinion regarding the full remuneration, and therefore several options for calculating the additional payment are possible.

In particular, the most common method is a percentage of the vacationer’s salary in an amount that is determined by agreement of the parties or based on the conditions enshrined in the same collective agreement.

For example, in most companies the additional payment is 50% of the salary, and in some it is 30%, but if we are talking about a management position, say, that of a line manager, the additional payment, as a rule, is made at the level of 100%.

In a flat amount

Also, remuneration for an additional amount of work can be made in a fixed amount, which implies a condition for payment, for example, of the same 12 thousand rubles for a full month one-time after the main employee returns from vacation.

But the lack of remuneration is completely unacceptable, given that both Article 60.2 of the Labor Code of the Russian Federation and Article 151 of the Labor Code of the Russian Federation stipulate the condition of mandatory additional payment for additional workload.

That is, if an order is issued to perform the duties of a temporarily absent employee, the condition for additional payment must be included. Otherwise, when inspected by regulatory authorities, the company will face penalties.

Payment amount

In 1981, Resolution of the USSR Council of Ministers No. 1145 was adopted, which has now lost force, which does not prevent many companies from using it as a base.

That is, many employers to this day set an additional payment of no more than 50% for blue-collar workers, and up to 30% for specialists.

And since additional responsibilities are also labor, they should be rewarded accordingly, that is, in proportion to the effort expended.

What does it depend on?

Of course, ideally, the percentage of additional payment for performing additional work should depend on the complexity of the work and the number of tasks completed.

However, in practice, management prefers to set a small percentage in the form of an additional payment, thus fulfilling the provisions of Article 151 of the Labor Code of the Russian Federation and no more.

As a rule, in most cases, the additional payment for combining positions during vacation is set at 50%, similar to Soviet times.

But it is possible to increase the surcharge, given that the law prohibits providing guarantees lower than those approved by local acts or federal regulations, but making payments in an increased amount is not prohibited.

Calculation features

Often, additional payment for combining positions is made as a percentage equivalent to the salary of the absent employee, but taking into account some features.

If the enterprise is located in the North, the surcharge increases by the corresponding coefficient. If the salary also includes some allowances, for example for secrecy or hazardous working conditions, they are also included.

Taxes and fees

Remuneration for part-time work is income.

Consequently, from the accrued amount not only personal income tax is charged under Article 208 of the Tax Code of the Russian Federation, but also other fees are transferred, such as insurance premiums in accordance with Article 425 of the Tax Code of the Russian Federation.

Example

Let’s say a vacationer’s salary is 12 thousand rubles. He is also entitled to a monthly bonus for hazardous working conditions of 10%.

In accordance with the order, an employee who is employed part-time is given an additional payment of 50%.

In this case, the vacationer will remain on vacation for 28 days.

Calculation: 12000 10% (1200): 168 (monthly hours) x 160 (hours for 28 days) x 50% = 6285.6 rubles.

Personnel registration

Both the performance of certain duties and the payment of remuneration for work performed are possible only on the basis of administrative documents - the same orders. Therefore, before an employee begins additional tasks, it is necessary to document his admission and the amount of additional payment.

Notification

That is, at the initial stage, the line manager draws up a memo or report stating that the main employee is going on vacation, therefore, in order to avoid downtime, it is necessary to assign his responsibilities to one or another worker.

As a rule, many workers seek to increase their income through even temporary part-time jobs.

Therefore, if one of them goes on vacation, the workers themselves can initiate the combination in the form of an application with a request to be assigned additional responsibilities.

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