Performing additional work by an employee without releasing him from his main job in the same organization

Expanding the service area or increasing the scope of work?

The Labor Code of the Russian Federation establishes that with the written consent of the employee, he may be entrusted with performing additional work in a different or the same profession (position) for additional pay during the established working day, along with the work specified in the employment contract. Additional work assigned to an employee in the same profession can be carried out by expanding service areas and increasing the volume of work (Article 60.2 of the Labor Code of the Russian Federation).

But, having fixed these two terms in the code, the legislator did not distinguish between the concepts of “expanding the service area” and “increasing the volume of work” and did not give them clear characteristics. Taking into account the fact that the procedure for registration, payment and legal regulation of labor relations is the same in both cases, you can use any term - and this will not be a legal error. In practice, it has developed that when assigning additional work to employees of blue-collar professions, the term “expanding the service area” is more often used, and in relation to employees and specialists they usually talk about “increasing the volume of work.”

We believe that the term “increasing the volume of work” is more universal, so we will use it later in this article.

Responsibility for violating the self-isolation regime

Liability is provided for in Article 6.3. Code of Administrative Offenses “Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population”

Violation of sanitary and hygienic rules is punishable by:

a citizen - a warning or an administrative fine in the amount of 100 to 500 rubles;
to the head of the organization - a fine of 500 to 1000 rubles; on persons
Individual entrepreneur – a fine of 500 to 1000 thousand rubles or administrative suspension of activities for up to ninety days;
organization - a fine of 10,000 to 20,000 rubles or administrative suspension of activities for up to ninety days.

Citizens who violate the self-isolation regime, in addition to a fine, may be forcibly isolated in a medical facility.

How to pay an employee in an emergency?

How to apply

The employer must instruct the employee to perform additional work in his profession or position, and the employee must give his written consent to this.

IMPORTANT!

Please note that the performance of additional work by an employee on his own initiative, from a legal point of view, does not constitute an increase in the amount of work, because the employer did not assign this work to a specific performer.

The agreement between the employee and the employer to increase the scope of work is concluded in writing. Indicate exactly what additional work the employee will perform, for what period, and for what additional payment. It is advisable to draw up such a document in the form of an additional agreement to the employment contract, but in practice, employers quite often use the form of an order to increase the scope of work and establish additional payment. This is not prohibited by law, just note that it is not enough to simply familiarize the employee with such an order - his written consent must be available.

By law, an employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel an order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.

Civil initiative

The new regulatory act has a number of fundamental differences from the previous order.

The difference, which is already in the name, speaks about the procedure for determining the teaching load of teaching staff, stipulated in the employment contract. This means that the teaching load must be clearly stated in the employee’s employment contract.

Pay attention to Appendix No. 2 “The procedure for determining the teaching load of teaching staff specified in the employment contract.”

In the previous order there was no such application.

Now the volume of the teaching load at the beginning of the school year is determined here.

Clause 1.1 : “The procedure for determining the teaching load of teaching staff stipulated in the employment contract (hereinafter referred to as the Procedure) determines the rules for determining the teaching load of teaching staff stipulated in the employment contract, the grounds for changing it, cases of establishing the upper limit of teaching load depending on the position and ( or) the specialties of teaching staff, taking into account the characteristics of their work .” And in paragraph 1.4 we read: “The volume of teaching load established for a teaching worker is stipulated in the employment contract concluded by the teaching worker with the organization carrying out educational activities.”

Important! If the teacher’s teaching load changes next year, then there must be an additional agreement to the employment contract on changing the teaching load, and, accordingly, it can be changed if the number of hours according to the curriculum has changed.

Please note clause 1.6, which states that the amount of teaching load established in the current academic year cannot be changed at the initiative of the employer for the next academic year.

Exceptions are indicated in a special paragraph of the application, and previously they were listed in standard provisions. Now there are no standard provisions, and everything is included in the general provisions.

An important point is clause 1.7 , which states: “Temporary or permanent change (increase or decrease) in the teaching load of teaching staff compared to the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract, concluded in writing, with the exception of changes the volume of teaching load of teaching staff in the direction of reducing it, provided for in paragraphs 1.5 and 1.6 of this Procedure.” That is, unilaterally, for example, on the initiative of the head, the teaching load cannot be reduced.

Also paragraph 1.9 states that “local regulations of organizations carrying out educational activities on the issues of determining the teaching load of teaching staff carrying out educational (teaching) work, as well as its changes, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if there is such a representative body).”

The previous order did not stipulate such participation of trade unions, but now it does.

Point 2.3 is important : “When determining the teaching load for the new academic year, teachers and lecturers for whom the organization carrying out educational activities is the main place of work, maintain its volume and ensure continuity in the teaching of academic subjects...” The words “as a rule” were removed from this paragraph , and it became mandatory.

Much attention is paid to determining the teaching load of teachers of secondary and higher vocational education and additional education. In principle, everything that was in the old order remains here.

Another innovation that was not in the order before. Regulation V talks about “the specifics of determining the teaching load of teaching staff who are on parental leave until the child reaches the age of three years, as well as persons filling the positions of teaching staff for a certain period of time, part-time, or performing other work along with the work determined by the labor contract.” agreement." This provision clearly states what workload is established and how it is then distributed among other teachers. Previously, in the previous order, this was not the case, and all the features were prescribed in separate local acts and in standard provisions.

Section VI talks about determining the teaching load of teaching staff classified as teaching staff and the reasons for changing it. And in the last, seventh provision, we are talking about establishing an upper limit for the teaching load of teaching staff. General educational organizations are not mentioned here, only institutions of higher and secondary vocational education. A new point is the determination of the upper limit of the teaching load for the teaching staff. It is established in a volume not exceeding 900 hours per academic year. Less is possible, higher is not possible.

As for the hourly workload, basically the norms remained the same, as in the previous order, with the exception of the norm of hours for teachers of children's art schools and children's music schools (a single norm has now been established for them - 18 hours!).

Two new positions have also appeared - teacher-librarian and tutor , who determine the standard hours for the rate, this was not determined before. Now it is clear: the working hours are 36 hours per week of teaching work, and this category includes teacher-librarians and tutors.

Be careful and use this order to your advantage.

https://www.pedagog-prof.org/index.php?option=com_k2&view=item&id=722

How to pay

Labor legislation does not establish either a minimum or maximum amount of additional payment for an increase in the volume of work. It is established by agreement of the parties, taking into account the content and volume of the additional load. The additional payment can be set either as a fixed amount or as a percentage of the employee’s salary (tariff rate).

If you assign additional duties to several employees, the amount of additional payment may be the same for everyone, or may vary depending on the amount of work assigned. In practice, such surcharge usually ranges from 5 to 50%. We recommend establishing the procedure for establishing additional payments in the local regulatory act of your organization - Regulations on remuneration, etc.

IMPORTANT!

According to Part 2 of Article 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with equal pay for work of equal value.

Conditions for increasing

Before allowing a subordinate to perform new additional duties, the management of the enterprise must obtain his approval for this.

The proposal itself can be expressed either in writing or orally, but consent must be recorded only in writing.

Thus, the employee will testify that he voluntarily agreed to increase the amount of work, and the employer, in the future, if something happens, will have on hand evidence that there were no violations of legal norms on his part.

Controversial issues

Often an employee believes that he is doing more than he is supposed to and demands additional payment for increasing the amount of work. And the employer believes that the employee is fulfilling his duties, and he is not entitled to any additional payment. How to understand this issue?

In a situation where a person, along with his work, performs the duties of an absent colleague, everything is quite simple - the presence of additional work is obvious, and the parties can only agree on who will perform it and under what conditions.

In other cases, everything is more complicated. Since the work is performed in one profession (position) and during established working hours, it is often very difficult to distinguish which amount of work is the main one for the employee and which is additional. This question could be easily answered by applying labor standards for a specific type of activity. For information on how to do this, read the article “Working Time Timing and Labor Standardization.”

However, in recent years, the institution of standardization has been undeservedly forgotten, and for many professions and positions there are currently no labor standards. If this is the case in your organization, focus on the staffing table. When activities are carried out by employees whose number corresponds to the number of staff positions in a given profession, we can assume that people are working in a normal mode, and there are no grounds for additional payment. If the work is performed by fewer employees, there is reason to talk about an increase in the amount of work for all or individual employees.

How to cope with increased stress at work

Content

Even if you are a super-duper pro, a crisis can still throw up problems. Managers are laying off staff in order for the company to continue to function. And the responsibilities of the dismissed employees are distributed among the remaining “lucky” ones. How to cope with increased loads? And is it worth taking on more and more new responsibilities for fear of losing your job? We are developing a “rescue plan.”

Try to detach yourself from emotions and honestly answer yourself the question: what makes you feel tension? By and large, there are not many options:

- there are more responsibilities, and it is physically impossible to cope with them, but because of the fear of losing your job, you are afraid to voice this fact to management;

- you are worried that you will have to work more for the same money, your usual work routine will need to be changed;

— experiences are associated with the fact that more and more responsibilities are being transferred to you that do not correspond to the position you hold.

“A year ago there were five people in the department, and after the crisis there were two left - the management decided that it was time to tighten their belts. There was no less work, and my colleague and I divided between two people the responsibilities that had previously been performed by a whole team. At first it was even fun: endless rushes and adrenaline before each reporting meeting. A couple of months later, the boss cut another department after reading a long speech about how “two people could calmly handle what five people did.” And I suddenly felt scared. Because my colleague and I constantly stay late in the office, we stopped going to lunch, there is tense silence in our office. I’m terribly tired, I’m afraid to the point of panic that I won’t be able to cope with the next assignment. But at the same time I understand that I cannot afford to remain without work.” Yulia Komarovskaya, 26 years old, marketer, patient at the neurosis clinic

For myself and for that guy

So, you have come to the conclusion that you really have to work for two or three, and stress is caused by exhaustion. Of course, you can work at the limit of your strength for several weeks or even months, but if this goes on for too long, emotional and physical “burnout” inevitably begins, and fatigue appears. A person can no longer work with the same intensity, and the fear of dismissal only grows.

In this case, you should tactfully draw the attention of your colleagues and superiors to the fact that your workload is too heavy and ask them to distribute responsibilities more rationally. Prepare carefully for the meeting and try to exclude the emotional side of the issue. It is best if your claims are reasoned and supported by facts, and you provide your work plans and proposals for redistributing the load. A reasonable leader will always listen to the arguments of his subordinates and try to find a way out of the current situation.

Master time management

It’s a completely different matter if management’s decision to lay off employees was justified. And in fact, there were too many tasks, and your stress was caused by the very fact of the changes that had come. Firstly, congratulations - you kept your job, which means the company is interested in you. Secondly, there will really be more responsibilities, and it’s up to you whether this avalanche will overwhelm you.

Think about whether it’s time to analyze how rationally you distribute the load throughout the day. Do you know how to set priorities, do you not waste energy on unimportant, habitual actions, which in time management are usually called “time wasters”?

Start by recognizing that a relaxed work routine will have to be replaced by a well-planned, efficient and energetic approach. Say goodbye to smoking breaks, drinking tea and hanging out on social networks. Instead, the time comes for new tasks and challenges. You will have to work hard to shift your focus from the position of “unfortunate victim of circumstances” to the position of “yes, I’ll have to work harder, but I’ll learn a lot of interesting things.” A loyal employee is more difficult to tempt and has a better chance of staying in place during the second wave of layoffs.

“People who stayed and for whom the number of tasks has increased can be advised to be more hardworking, stronger, more attentive. If the financial situation in the company improves, you have the right to start a conversation with management about raising wages.” Yulia Oleynikova, head of the company

Don't forget about the basic ways to combat fatigue:

1. Take breaks. Choose your personal rhythm - it doesn’t matter whether it’s the classic ten-minute break every two hours or the revolutionary “pomodoro” time management - 25 minutes of working on one task, a 5-minute break, switching to another.

2. Create your own space. You spend more than a third of your day at work—make your workspace as personal as you can. A little touch can give you something to smile about throughout the day.

3. Perform breathing exercises to relax. It is not so important which breathing practice you choose, the main thing is that you spend these few minutes in relaxation and peace.

4. Make it a rule to think about home at home, and about work at work. The key to a healthy psyche is balance.

Both the Swede and the Reaper

When downsizing, sometimes an absurd situation arises - an employee is given functions that are completely beyond the scope of his duties or even conflict with them. For example. You are a specialist from the finance department, and you are tasked with keeping the meeting room in order, ordering stationery for the entire office, or organizing coffee breaks for partners.

“Since the New Year, they began to give me strange tasks - print out reports, hand over a folder with documents at nine in the evening. My work has not gone away, I note. No one is offering me any additional payment. Yes, I don’t need to - I didn’t get a job as a secretary. Now is a difficult situation: it’s not the time to think about changing jobs, but I’m afraid I can’t stand it for so long.” Maria, 40 years old, customer service manager

Think about why the “extra responsibilities” were transferred to you? If you weren't happy with it, why did you agree? And if this was not even discussed with you, why does management consider it possible to do this to you? Remember that your career depends on how well you cope with your immediate responsibilities, and not on the fact that you take on an overwhelming load of tasks without fail, being under stress and making more and more mistakes.

Read also: Paths between neurons. Interview with Asya Kazantseva

This situation most often indicates that you have problems setting boundaries when interacting with people. In order to properly protect your borders. It’s worth thinking about what exactly requires protection and clearly understanding your position:

— formulate as specifically as possible what exactly and why you are not satisfied;

— avoiding emotions, formulate how you see a way out of the current situation;

— calmly and reasonably voice your position to your manager.

Remember that the space for manipulation is in the “gray zone” - the area of omissions, unclear obligations and unwritten agreements. Therefore, when talking with your manager, clarify, agree and record the terms of cooperation: your direct responsibilities, workload, acceptable additional work, plans and deadlines. Only you yourself know how much work you can do.

Do you have a plan?

As a conclusion, let's think about the question: what, in fact, causes us concern? Events? Data? Incidents? Emotions are not shaped by an event, but by how we perceive it. That is, we often worry about the future because we do not estimate our chances of coping with upcoming trials very highly. We do this not consciously, but out of habit, in accordance with previously formed attitudes.

Try to look at the situations that times of crisis present from a different point of view. Think through several detailed action plans for each case that worries you. Ask yourself questions: “What can I do to get the job done? What will I do if I get fired? The more escape routes you have for each threat, the less anxiety you will have in your life, and the future will look much more optimistic.