Sample additional agreement on combining positions


The procedure for completing the personnel procedure

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

  • Position preparation. You need to make sure that there is a position in the staffing table, the functionality of which is transferred to the employee. If she is not there, you need to make adjustments to the staff. If a specialist replaces a colleague who is absent due to illness or vacation, the personnel documents indicate that he is performing the functions of a temporarily absent employee.
  • Agreement process. The interested party (employee or employer) sends a second written proposal, which indicates a list of functions, necessary documents, and conditions for future cooperation. If the recipient agrees, he can sign the paper and indicate “I do not object.”
  • Conclusion of an additional agreement. A sample additional agreement on combining positions can be downloaded on our website (just below). The document is signed by both parties.
  • Issuance of an order. The personnel document is prepared in free form; there is no unified version.

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

How to draw up an additional agreement correctly

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

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

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

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

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

A sample 2020 supplementary agreement for combining positions is provided at the link below. The preparation of this document is necessary to formalize the assignment of additional responsibilities to the employee. Refusal to sign the paper will result in the imposition of penalties on the employing company during inspection by the labor inspectorate.

If you find an error, please select a piece of text and press Ctrl+Enter.

  • 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. additional agreement to the employment contract on combining positions. Cancellation of combining positions. The combination of positions is terminated upon the expiration of the period for which it was agreed; in this case, no documents need to be drawn up to confirm this fact. It is advisable to issue an order to stop the accrual and payment of additional payments by the accounting department.

Combination and its termination: the correct procedure for registration

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. The employer cancels the performance of additional work as part-time internal work for the position of Deputy Director for General Affairs in full."2. Additional payment for combining positions to the Employee is stopped.3.

This amendment to the TD or Additional agreement. on internal combination comes into force on March 31, 2010. The remaining clauses of the employment contract dated November 12, 2007.

No. 12/2007 remains unchanged.4. This additional agreement is drawn up and signed in two copies having equal legal force, one of which is kept in the Employee’s personal file by the Employer, the other is transferred to the Employee. I want to draw the moderator's attention to this message because: A notification is being sent...

Additional agreement on part-time internal

1. In addition to work in the position ___________________, stipulated by employment contract No. __ dated “___”________ ____, the Employee undertakes to perform, within the normal working hours established for him, additional duties in the position _______________, namely:

______________, hereinafter referred to as "Employer" represented by ______________, acting___ on the basis of _______________, on the one hand, and gr. ________________________ hereinafter referred to as "Employee", on the other hand, have entered into this agreement as follows:

This is interesting: Repair work in residential buildings is carried out in Komi

What is the difference between internal part-time work and job combination?

An employee can get a part-time job in his company for two reasons, involving various mechanisms and standards of personnel records management.
They consist in the design:

  • internal part-time work (Article 60.1 of the Labor Code of the Russian Federation);
  • combining positions (Article 60.2 of the Labor Code of the Russian Federation).

In both cases, registration of a part-time job requires mandatory official employment in the same company where additional earnings are planned. The main criterion is the availability of the required competencies and education to perform the duties.

REFERENCE: Registration of a part-time job is necessarily based on the application and appointment order received from the applicant.

Despite the listed similarities, there are also fundamental differences. The main difference lies in the design method. In case of part-time work, an employment contract is drawn up.

It contains essential provisions, thanks to which the interested person acquires in total:

  1. Additional income;
  2. additional type of work;
  3. regulations on the scope of work;
  4. established working hours.


Any permanent employee, as well as a person signed under a fixed-term contract, can become an internal part-time worker.

The main thing is to reach the age of 18, and the absence of a profession in the list of prohibited combinations (Articles 282, 329 of the Labor Code of the Russian Federation).

The operating conditions are reflected in the employment contract concluded by the counterparties, which must be concluded, regardless of the fact that it was previously drawn up in the main specialty. That is, there should be two contracts.

Sample employment contract for internal part-time work

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

This is interesting: The amount of subsidies for the resettlement of municipal apartments in the Moscow region

  • This change comes into force on February 1, 2020.
  • This agreement is drawn up in 2 copies and is an integral part of the agreement dated December 4, 2020 No. 8t.
  • The latter is worth paying special attention to, since it is necessary to distinguish internal part-time work from combining positions, the procedure for which is provided for in Art. 60.2 Labor Code of the Russian Federation. Combining positions involves either increasing the employee’s responsibilities for his main job (for example, when expanding the scope of the organization’s activities), or temporary work in another profession in order to replace an absent employee. In case of part-time work, the employee is registered for permanent employment in another position.

Is it necessary to conclude an employment agreement to simultaneously perform several duties?

When combining positions, instead of an employment contract, an agreement is drawn up, which has the form and form of an annex to the main employment contract, and does not have independent legal force.

It indicates that this person performs related duties, with additional pay, but without exceeding working time standards.

It is also permissible to use the wording here: “expanding the service area (sphere)” if we are talking about working with clients, patients, students and other contingent of persons served by the company (organization).

According to the conditions of the vacant position, registration takes place:

  • indicating the timing of the combination;

  • indicating the event that caused the combination (maternity leave, internship, etc.);
  • without specifying deadlines.

The established deadlines or the open-ended nature of the registration must be indicated at the beginning of the text of the document.

If they are not specified, then part-time work is carried out until the termination of the main contract or with a corresponding reduction in staffing or the number of employees.

The provisions are also formulated here, from which it follows:

  1. what functional responsibilities are assigned to the employee;
  2. related characteristics of performing duties;
  3. amount of surcharge, in numbers and words.

The document can be drawn up in free form, with the obligatory indication of the personal data of the parties:

  • Full name of the employee and employer;
  • contractor positions;
  • divisions and names of the organization.

An approximate wording of the employer’s responsibility may be as follows: “For accountant Miroshnichenko I.V. combining the position of cashier in the accounting department, with an additional payment to the basic salary of 30% of the base rate of an accountant, which is 6,758 (six thousand seven hundred fifty-eight) rubles.” It is also permissible to use it when drawing up an order.

The salary is added to the monthly salary, which is issued twice a month. Additional vacation days are not provided, since combination work is not a full-fledged option for performing job duties.

Vacation benefits are provided in the same amount as without combination.

The exception is when the employer takes the initiative to reward a conscientious employee with additional days of rest.

There are no regulations on working hours.

If an employee fits into the norms of his working day, conscientiously performing all types of duties, he is not required to do so.

If during his shift he cannot cope with the additional load, overtime is allowed or the terms of the agreement are canceled.

Additional agreement to the employment contract on combining positions – Legal Consulting

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. Usually it includes the conclusion by the employee and the employer of an agreement (additional agreement to the employment contract) to combine a position (profession). We will provide a sample of such a document and discuss important issues in its preparation.

The concept of combining positions (professions)

One of the types of additional work entrusted to an employee is combination regulated by Art. 60.2 Labor Code of the Russian Federation.

Combination is the performance by an employee, in parallel with the main job, of an additional one in another profession (position), as well as the performance of the duties of a temporarily absent employee for additional pay (Article 151 of the Labor Code of the Russian Federation). It is carried out without exemption from the main work within the normal working hours.

The concept of “combining professions” refers to blue-collar professions, and “combining positions” refers to employees and specialists.

For combination, you usually need:

  • mandatory written consent of the employee;
  • additional agreement to the employment contract on combining a position (profession);
  • issuance of an employer's order on combining positions (professions).

Combining positions (professions) must be distinguished from internal part-time work, in which an employee works under an independent employment contract outside of working hours under the main employment contract.

Since these are completely different labor regimes, mixing them leads to unacceptable errors in the timesheets, calculations of workers’ wages, their average earnings, vacation pay, temporary disability payments, etc.

The procedure for registration of combination

The first step in the registration procedure is to offer the employee additional work, as well as obtain his written consent to combine positions (professions). It can be in the form of a statement or an appropriate inscription (for example, “I agree with the combination on the proposed terms, full name and signature”) on the employer’s letter offering additional work.

https://youtu.be/wTl1y6PktbQ

The second step will be the conclusion of a written agreement on the combination of positions between the employee and the employer.

The third step is the employer issuing an order to combine positions (professions). From this moment on, corresponding rights and obligations arise for the parties to the employment contract.

Additional agreement of the parties for combination

The agreement of the parties to the employment contract on the employee’s performance of additional work is a mandatory stage of the procedure for assigning a combination.

But the law does not establish clear requirements for the form of such an agreement, so it may look like:

  • agreements between the parties on combining a position (profession) that is not an integral part of the employment contract;
  • additional agreement to the main employment contract.

Therefore, the question of whether it is necessary to conclude an additional agreement to the employment contract when combining positions is decided by each employer independently, depending on the procedure for registering additional work established in the organization.

Most organizations believe that it is still more convenient to draw up a combination agreement as an additional agreement to the employment contract.

In any case, this document must include the conditions mandatory for this type of agreement: the duration, content, volume and payment of combined work.

additional agreement for combining positions or professions

Sample additional agreement on combining positions in 2018

If the company has work that requires regular execution, management has the right not to hire a new employee, but to entrust this functionality to an existing one. In order to consolidate the decision made and comply with legal requirements, the parties enter into an additional agreement on combining positions, which prescribes significant conditions for future interaction.

What is combination?

In current legislation, combination is understood as a method of assigning additional work, when a hired specialist, during the working day, along with his own functions, performs additional functions inherent in another profession. Clause 2 of Art. is devoted to this type of relationship between the parties. 60 Labor Code of the Russian Federation.

New functions can be assigned to a specialist:

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

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

Conditions for assigning additional work

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

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

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

The procedure for completing the personnel procedure

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

Step 1: Position Preparation

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

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

Step 2: Approval Process

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

Step 3: Conclusion of an additional agreement

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

Step 4: Issuing an order

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

https://youtu.be/orUpLUB3PmE

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

How to draw up an additional agreement correctly

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

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

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

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

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

Finding a sample 2020 supplementary agreement for combining positions on the Internet is not difficult. The preparation of this document is necessary to formalize the assignment of additional responsibilities to the employee. Refusal to sign the paper will result in the imposition of penalties on the employing company during inspection by the labor inspectorate.

DOWNLOAD ADDITIONAL AGREEMENT FOR COMBINATION OF POSITIONS

Source: “HR Blog”.

Source:

Instructions for correctly filling out an additional agreement to an employment contract for combinations according to the sample

If an employer has the opportunity to fill a vacant vacancy using its own human resources, it can arrange an internal combination for its employee.

In the article we will look at how internal part-time work differs from combining positions, and whether it is necessary to conclude an employment agreement to simultaneously perform several duties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7. It's fast and!

What is the difference between internal part-time work and job combination?

An employee can get a part-time job in his company for two reasons, involving various mechanisms and standards of personnel records management.

They consist in the design:

  • internal part-time work (Article 60.1 of the Labor Code of the Russian Federation);
  • combining positions (Article 60.2 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 60.1. Part-time work

An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job). The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

In both cases, registration of a part-time job requires mandatory official employment in the same company where additional earnings are planned. The main criterion is the availability of the required competencies and education to perform the duties.

REFERENCE: Registration of a part-time job is necessarily based on the application and appointment order received from the applicant.

Despite the listed similarities, there are also fundamental differences. The main difference lies in the design method. In case of part-time work, an employment contract is drawn up.

It contains essential provisions, thanks to which the interested person acquires in total:

  1. Additional income;
  2. additional type of work;
  3. regulations on the scope of work;
  4. established working hours.

Any permanent employee, as well as a person signed under a fixed-term contract, can become an internal part-time worker.

The main thing is to reach the age of 18, and the absence of a profession in the list of prohibited combinations (Articles 282, 329 of the Labor Code of the Russian Federation).

The operating conditions are reflected in the employment contract concluded by the counterparties, which must be concluded, regardless of the fact that it was previously drawn up in the main specialty. That is, there should be two contracts.

Is it necessary to conclude an employment agreement to simultaneously perform several duties?

When combining positions, instead of an employment contract, an agreement is drawn up, which has the form and form of an annex to the main employment contract, and does not have independent legal force.

It indicates that this person performs related duties, with additional pay, but without exceeding working time standards.

It is also permissible to use the wording here: “expanding the service area (sphere)” if we are talking about working with clients, patients, students and other contingent of persons served by the company (organization).

According to the conditions of the vacant position, registration takes place:

  • indicating the timing of the combination;
  • indicating the event that caused the combination (maternity leave, internship, etc.);
  • without specifying deadlines.

The established deadlines or the open-ended nature of the registration must be indicated at the beginning of the text of the document.

If they are not specified, then part-time work is carried out until the termination of the main contract or with a corresponding reduction in staffing or the number of employees.

The provisions are also formulated here, from which it follows:

  1. what functional responsibilities are assigned to the employee;
  2. related characteristics of performing duties;
  3. amount of surcharge, in numbers and words.

The document can be drawn up in free form, with the obligatory indication of the personal data of the parties:

  • Full name of the employee and employer;
  • contractor positions;
  • divisions and names of the organization.

An approximate wording of the employer’s responsibility may be as follows: “For accountant Miroshnichenko I.V. combining the position of cashier in the accounting department, with an additional payment to the basic salary of 30% of the base rate of an accountant, which is 6,758 (six thousand seven hundred fifty-eight) rubles.” It is also permissible to use it when drawing up an order.

The salary is added to the monthly salary, which is issued twice a month. Additional vacation days are not provided, since combination work is not a full-fledged option for performing job duties.

Source: https://lawyernovikov.ru/drugoe/dopolnitelnoe-soglashenie-k-trudovomu-dogovoru-o-sovmeshhenii-dolzhnostej.html

How to conclude a hiring contract with an internal part-time worker? Sample additional document

In this section, you will learn about filling out an additional agreement to an employment contract on combination according to the sample.

Often, internal part-time work is dictated by the vacancy of a position during maternity leave or a long business trip, internship, etc.

At the request of the applicant, a replacement may be selected from among persons working for the same employer. In this case, the contract is of a fixed-term nature, limited to the period of absence of the main employee.

If a vacant position is open, at the request of the applicant, an employment contract for a period of one year can be drawn up, as well as permanent part-time work in the established amount, but not exceeding 0.5 of the rate.

It is preferably more convenient for an employer to draw up a fixed-term contract. But he can only rely on the officially stated request of the applicant.

Otherwise, arbitrary determination of the work period is unacceptable and is considered a violation of the applicant’s labor interests.

If, upon expiration of the contract, it is not officially terminated or extended for a commensurate period, its validity automatically becomes permanent (indefinite).

The essential provisions of the contract for taking office are:

  • work time:
  • vacations and days off;
  • wage.

Working hours cannot exceed the established regulations - 4 hours a day. Accordingly, during a working week, a person can work no more than 20 hours.

Such standards correspond to half the rate, unless otherwise established by law (Article 284 of the Labor Code of the Russian Federation).

A separate clause specifies the frequency of performance of functional duties, which can vary as follows:

  1. distributed evenly, 4 hours a day with a five-day week, with two days off.
  2. Work only on weekends.
  3. The main operating mode is set on one or both weekends, with a commensurate reduction in load on weekdays.

Rest mode optional the contract is determined independently, regardless of the main employment contract. The days when the employee is released from part-time work are indicated here, providing for the rest required by sanitary standards of labor legislation.

Part-time workers are required to accrue vacation days. They are provided not as additional days, but as an additional payment to the vacation assigned for the main position.

The rest of the days not included in the vacation are not paid or provide for part-time work during the vacation in the main specialty.

Salaries are calculated in monthly installments and are issued on set days together with the basic salary. Its size is determined by calculating the amount of earnings from a fixed rate, or based on hourly wages.

If employees are provided with additional payment in the form of bonuses or thirteenth salary and other incentive payments, an internal part-time worker has the right to claim these payments.

The amount of wages and additional accruals for part-time work are indicated in the relevant provision of the contract in a separate paragraph, in numbers and in words.

The provisions established by the contract are subject to strict execution in order to avoid disputes. If changes are made to one or another essential provision, an addition to the main agreement is drawn up, indicating the changes being made.

A package of documentation when registering a part-time job may be attached to the application. Otherwise, the required photocopies of documents stored here in the HR department are used. Their list is regulated by the norms of Article 283 of the Labor Code of the Russian Federation.

If you need additional certificates for access to the workplace, a medical book required only for combination purposes, provide them at the request of the employer.

An entry in the work book about part-time work can be made only at the request of the employee, based on his submission of a written application addressed to the employer.

Sample additional agreement to an employment contract on combining positions.

Sample employment contract for internal part-time work.

Methods for terminating a contract

The same standards for terminating a contract apply here as in standard cases.

A part-time worker can resign: of his own free will;

  • at your own request;
  • for disciplinary action;
  • to reduce numbers or staff;
  • at the initiative of the employer - when hiring a permanent employee.

If a person resigns from his main job, the additional contract remains in force. An employee has the right to move to another organization, reserving the right to work part-time.

When retiring without service, only simultaneous dismissal from the main and additional places is allowed. In case of staff reduction, preferential benefits are provided only in the amount of two salaries, the third month is not paid.

Upon dismissal, the initiating party is obliged to notify the counterparty in writing - two weeks before leaving.

An exception is dismissal due to retirement or disciplinary action. In case of dismissal for absenteeism, the person is notified 3 days before the date of termination of the employment contract.

Internal part-time work differs significantly from external part-time work or combination of positions. HR standards apply here, reflecting the specifics of the employee’s status.

Today, various employers often practice such policies as combining positions.

But both to formalize such a combination and to cancel it, it is necessary to prepare a fairly extensive list of documents.

The cancellation procedure has its own characteristics and nuances.

Part-time employment contract: drafting, features and varieties

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

This is interesting: Federal Law 66 Federal Law On Horticulture for 2020 With Changes

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

How to 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.

In this case, the required documents include the following:

  • employee statement;
  • notice of cancellation;
  • order;
  • additional agreement.

Employee statement

An employee’s application with a request to cancel an additional agreement on combining positions is drawn up in free form; the legislation does not establish the format of this document.

The application must provide only the following information:

  • date of application;
  • addressee - director, immediate superior;
  • request to cancel the combination as concisely as possible and indicating all the necessary facts;
  • signature of the applicant and the receiving person (accountant, HR employee).

Cancellation Notice

If for some reason the employer decides on his own initiative to terminate the procedure for combining positions, he needs to notify his employee accordingly.

This type of notification looks like this:

Notice of cancellation of combination of positions

Order

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 should be formatted according to the following model:

Order to cancel combining positions

Additional agreement

Today, if it is necessary to carry out a combination, 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.

Example:

Additional agreement for combining positions: sample

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

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

What is the agreement

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

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

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

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

Is it necessary to draw up an agreement?

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

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

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

What governs the drafting of a document?

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

How to compose a document

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

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

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

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

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

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

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

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

https://youtu.be/3_rb-RSvcRE

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

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

Source: https://spmag.ru/articles/dopolnitelnoe-soglashenie-na-sovmeshchenie-dolzhnostey-obrazec

Features of surcharge withdrawal

For combining positions and professions, additional payment is always required.

At the same time, HR department employees should definitely understand some important issues.

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:

  • FSS;
  • Pension Fund;
  • Compulsory medical insurance.

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

In this case, it is imperative to take into account a fairly extensive list of various legally important points.

Fresh materials

  • Certificate of non-admission to the apartment, sample EVERYTHING THAT CONCERNES THE COMPANY BURMISTR.RU CRM system APARTMENT.BURMISTR.RU SERVICE FOR REQUESTING EXTRACTS FROM ROSSREESTR AND CONDUCTING…
  • Balance sheet of JSC Accounting (financial) statements of enterprises 39,149.84 billion rubles — JSC VTB CAPITAL 4,892.93 billion…
  • Additional agreement translation Additional agreement to the employment contract. Transferring an employee to another position Every company experiences changes: expansions,…
  • Tax planning Tax planning in an organization Tax planning can significantly affect the formation of the financial results of an organization,…

We make changes to the employment contract

One of the options to change the nature of the employment relationship with a part-time worker is to make changes to the employment contract concluded with him (for more information, see “We formalize the transition of a part-time worker to the main place of work”).

As you know, all adjustments to employment contracts are made by concluding additional agreements. After all, the current legislation does not provide for any other way to change the terms of an employment contract (Article 72 of the Labor Code of the Russian Federation, letter of Rostrud dated October 22, 2007 No. 4299-6-1).

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends:
Business guide