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Do not confuse combination and part-time

Part-time work is a broader concept. It involves performing different tasks at different times. That is, the responsible employee works at one of the places and performs only one set of tasks. And then, when working hours are over, he begins to perform the duties of the next position. Moreover, if you have a part-time job, you can work in different organizations.

Another thing is combining positions. Here the prerequisite is one leader and one organization. It is also possible to switch at the same time, if necessary, from the functions of one employee to the functions of another.

Judging from the employee’s point of view, combining positions is much more convenient than part-time work. Another difference: the first is defined in the second paragraph of Art. 62, and the second - in Art. from 282 to 288 of the Labor Code of the Russian Federation.

In short, when an order is issued to combine positions, in most cases there is no talk of a significant increase in time spent at the workplace. Rather, what is meant here is an increase in the area of ​​responsibility of an individual employee. Of course, an increase in the volume of work should significantly affect the intensity of the employee’s duties.

https://youtu.be/MJMFfok-TWo

Grounds for issuing an order to combine positions (professions)

Briefly about combining: Article 60.2 of the Labor Code of the Russian Federation allows you to combine professions or positions, subject to the written consent of the employee. But even before the employer talks with the employee, he must determine. Does this employee have the right to perform a new job function? Maybe the legislator has special requirements for representatives of such professions? Availability of a medical book, experience in the specialty, special education, certification. And if an employee does not meet such requirements, he cannot be entrusted with work.

The employer, as part of the combination, may instruct the employee to:

Additional work is performed only during the employee’s working hours. If we are talking about work outside of such hours, the employer hires the employee to work part-time. Remuneration and deadlines for performing additional duties are also established by agreement of the parties.

Important: the employee has the right to refuse to combine positions (professions).

In what cases are positions combined?

Most often, the employer resorts to this measure temporarily. If, for example, he wants to “wait” for the main employee to return from vacation and therefore sees no point in hiring a new one. Or there is no suitable candidate on the labor market, and an already hired employee wants to try himself in a new position.

Attention! The combination conditions are different. The only thing you should make sure of before signing the order is that the decision made will not affect the overall efficiency of the company.

Who might be suitable for combination?

An ordinary case is the combination of positions within the same category. But it happens that an employee with the same job descriptions and tasks wants to perform diametrically opposed ones. The law does not prohibit such a combination. The main thing is that the candidate meets the necessary requirements, including qualifications, medical ones, and has the necessary knowledge and skills or shows potential for their development. Only extremely short-sighted managers agree to issue an order to combine positions for an unprepared employee.

Cancellation of combined positions - conditions

The specifics of termination are spelled out in article number 60 of the Labor Code of the Russian Federation. The employer issues a special order to cancel the combination of positions in accordance with the established template. A unified surcharge form is attached and is set according to the sample. The specifics of refusing the form of an additional profession depend primarily on the terms of the contract that was concluded between the two parties to this process.

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There is such a type of working relationship as early or urgent. In this case, a unified form based on the sample is drawn up according to the application, which is handwritten by the employee himself. Verbal agreement to terminate this vacancy is not acceptable. After the employee has completed a special application, the employer issues an order that contains the main nuances of this process. According to the rules of the legislation of the Russian Federation, an order to terminate unified positions and pay must be issued no later than the period specified in the legislation and is 3 calendar days.

In practice, labor disputes often arise between an employee and an employer, which can be easily prevented if you fill out the appropriate documentation in accordance with all the rules and features of the Labor Code of the Russian Federation.

Main components of an order

There is no special unified form for this kind of documents, since each organization has its own specifics. It must be taken into account in the content. However, there are data without mentioning which the order does not have proper legal force or can be challenged in court. These include:

• Full name of the organization. It should always be located at the top, in the middle of the sheet.
• Order number. It is then entered into the journal of orders on personnel matters.
• Date of acceptance (signing) of the document.
• The city in which the document is signed.
• Leader motivation. The formal style describes what prompted management to resort to combining several positions with one employee. It is advisable to draw up a separate order for each such person holding multiple positions.
• Link to Article 151 of the Labor Code. It talks about this right of the employer.

All this information relates to the basics, but is not directly related to what exactly is being accepted. The whole point is contained in several paragraphs of the order on combining positions. They must inform the reader about:

• Full name of the employee who assumes additional functions.
• The date the employee began combining positions.
• If available, end date. It may not be a date, but an event in connection with which such a combination is completed. For example, “until the appointment of a new secretary” or “until A.A. Ivanova returns from maternity leave.”
• Amount of additional payment for combination. Usually it is 40-50% of the salary.
• The one who is obliged to inform the employee that he combines someone else’s responsibilities.

As an additional link, information about the amendment to the employment contract can be located. Without such an addition, the employee cannot begin combining responsibilities.

At the very end of the order is the signature of the manager and the employee who accepts the fact of combining his position with someone else’s. Also, if there is a mention of the chief accountant, personnel officer or other specialists (if they are obliged to comply, take into account, inform, etc.), their signatures are also required.

Sample order for internal combination of positions

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How to correctly write an order for combining positions?

If a process occurs during which an employee is registered as a part-time employee, along with his main activity he will also perform additional activities. The employer must issue a corresponding order, during which work begins at an additional job.

Is there an order to combine positions?

The order must be written in accordance with the form established by law and with all the necessary signatures.

Combination is the process of one employee performing additional labor functions that occur along with their main responsibilities.

Peculiarities of issuing orders to combine positions

It is important to comply with all conditions for placing an order. You can issue an order and other documentation related to your job by familiarizing yourself with the legislative acts. It is necessary to pay special attention to the combination of one worker during the day.

When there is an applicant for the position, the text of an additional agreement is drawn up to cancel the position agreement.

The combination has a number of distinctive features:

• Labor activity takes place in one organization, like the main one;
• An agreement is drawn up and attached to the employment contract;
• Combine one job;
• Work occurs throughout the working period, regardless of time, without interruption from the main activity;
• Additional wages are paid for labor.

How to write an order to combine positions?

The Labor Code prescribes the rules for writing an order for combining primary and additional work activities.

• The employee must be notified by the employer that he is assigned additional responsibilities, for which the text of the notification is drawn up, during which the employee must sign this document, agreeing to this;
• Due to the inexpediency of drawing up a second employment contract, the employer draws up an additional agreement indicating the amount of the additional amount paid to the basic salary and the period for which this agreement is valid;
• In addition to the agreement, the employee must also sign local documentation;
• Complete the document. Job responsibilities must be indicated with the employee's full name. The text must indicate that it is possible to combine work activities at the same time by entering the amount of additional funds paid to the basic salary (in the form of a fixed amount or a percentage of the basic salary). It is necessary to indicate the number and date when the additional variation of the agreement was drawn up;
• Sign and familiarize the employee. If you wish to receive a copy, a duplicate of the agreement is made with its certification by the organization’s seal, having agreed on the document with the accounting department.

Order on combining positions - unified form T-58

More recently, legislation has developed a unified form of order for combining T-58 positions, in the preparation of which it is necessary:

• Fully indicate the legal entity and the name of the document at the top of the agreement;
• Indicate the date when the document was published, indicating its registration number and place of publishing (in which locality);
• State the essence of the main provisions of the document developed by management;
• Under number one, indicate the last name, first name and patronymic of the employee who expressed a desire to combine two types of activities, the main position and part-time;
• Number two contains data on additional earnings;
• Record the numbers that are in the text of the additional agreement, indicating the registration number of the document and the date of its signing;
• Familiarize the specified specialist with the text of this document;
• List the document details, indicating the date of signing with the registration number, which becomes the documentary basis for putting the order into operation;
• Indicate the manager's job responsibilities and put a personal signature with its explanation.

Sample of filling out an order to combine positions

Article 68 of the Labor Code states that it is the employer’s obligation to familiarize the employee, who will simultaneously perform primary and additional work, with the document within 3 days after the decision is made by management.

The employee must sign the text of the order agreeing to the combination. This operation is regulated by 2 articles of the Labor Code - 60.2 and 151, which set out the main points.

Storage period for orders for combining positions

By law, the retention period for employee documents must be respected. The agreement, based on the labor code, must be deposited in the employee’s personal file for a period of 75 years.

How to draw up a correct order for combining positions

Quite often, employers have a need to redistribute human resources. Accordingly, the correct execution of an order to combine positions is an integral skill that should be endowed with personnel department employees and enterprise managers. the editors of PPT.ru decided to understand the procedure for drawing up the document, as well as other papers related to the combination.

Article 60.2 of the Labor Code regulates the possibility of an employee combining positions and professions. Combination is possible only with the written consent of the employee.

At the same time, he may be entrusted with performing not only the work specified in the employment contract, but also other duties in his or another profession. For this work, the employee is entitled to an additional payment to his salary.

The legislation provides for several similar forms of legal relations in which an employee performs not only his own work, but also the duties of another employee. Let's take a closer look at them.

Types of part-time activities

Current labor legislation identifies the following forms of legal relations related to additional employment:

1. Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;
2. Part-time job.

Combination involves the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if an employee’s work schedule is from 8 a.m. to 5 p.m., then during this time he performs both his own duties and additional ones. It is especially worth noting that in this case he is performing work related to another profession.

The concept of “part-time work” means that a second employment contract must be concluded with the employee who will perform additional work. The fulfillment of duties under this agreement must take place during free time from the main job.

That is, if an employee works from 8 to 17, then from 17 to 19 he must perform work under the second employment contract. We emphasize that in this case, at the request of the part-time worker, an entry can be made in the work book stating that he worked under the second contract.

In cases where the combination occurs in the same profession or position specified in the employment contract, we can talk about expanding service areas or increasing the volume of work.

When performing the duties of a temporarily absent employee, the employee may be entrusted with performing duties both in his specialty or position, and in another.

The existing procedure for registering the provision of additional work is determined by the practice of enterprises. It consists of several actions, which we will discuss below.

Preparation of a proposal for combination

The form of such a proposal is not defined in legislative acts. Therefore, at each enterprise this document is drawn up in free form. After receiving the proposal, the employee must put an o.

If the possibility of combining is discussed during the employment process, then the need to draw up such an offer, in principle, disappears since such details can be agreed upon within the framework of the employment contract.

Conclusion of an additional agreement to the employment contract

The additional agreement must contain the conditions for providing part-time work. First of all, it is indicated that the work is assigned with the written consent of the employee.

Then data about the profession or position for which the employee will perform additional functions is entered, the scope of work and its details are specified. It is mandatory to enter information that the work will be performed during regular working hours, and the deadline is also indicated.

In addition, the agreement must contain data on the amount of additional payment for performing additional functions.

It is worth remembering that the additional agreement is published in two copies, one of which remains with the employee. The employee confirms receipt of his copy with a signature and date of receipt on the document, which remains with the employer.

Order to combine positions in one organization

At the last stage, an order is issued. Each organization develops its own sample order for combining positions - the unified form of this document is not approved by law. A sample of it is presented below.

https://youtu.be/HoZEylNbcqc

The final paragraphs of the order are intended to indicate the basis for the appointment, as well as to certify the document with the signatures of managers and an accountant.

The employee must be familiarized with the contents of the order upon signature. If the position or profession that an employee receives is related to the sale of goods or the use of funds, it is worth concluding a separate agreement on the imposition of financial liability.

Additional payment for combining positions

According to Article 151 of the Labor Code of the Russian Federation, the employer is obliged to make additional payments to employees who work part-time. The amount of this additional payment is determined by agreement of the parties and is fixed in an additional agreement to the employment contract, as well as in the order. In this regard, a sample order for additional payment for combining positions is not approved by law.

The algorithm for canceling a combination of positions depends on how it was formalized. If the order specified a specific period for which the employee will occupy an additional position, then cancellation occurs automatically after this period. If the legal relationship was formalized indefinitely, then it is necessary to draw up an order to cancel it, indicating the reason.

Termination of legal relations can be formalized at the initiative of the employee or employer. In the first case, the employee submits a corresponding application. In the second case, the employer submits a notice no later than three days before the completion of additional functions. During these three days, an appropriate order must be issued.

Existing legislation has not approved a sample order for the abolition of combining positions, so it is drawn up in an arbitrary order. However, it must include the following information:

1. Job title;
2. Period of work completion;
3. Its volume;
4. Set wages.

A sample order to remove combined positions is presented below.

We emphasize that an employee’s refusal to perform additional functions is his right. And the use of this right does not entail any legal consequences or penalties on the part of the manager.

Nuances

Completely new responsibilities of the employee are described in the addendum to the employment contract. But if the combined position has any financial responsibility, then the employee taking the combined position is required to sign an agreement on full financial responsibility. A link to it may also be present in the order.

By law, either party has the right to terminate the combination by notifying the other in writing at least three business days in advance.

If the order refers to a newly hired employee for two positions at once, then the link below should not be to the additional agreement to the employment contract, but to the employment contract itself.

One person can hold any number of positions. Each organization decides on the distribution of official responsibilities independently.

The employer is required to pay extra for the combination. An exceptional situation is when the job description clearly states that the employee’s duties include performing the duties of a colleague. The amount of the additional payment is specified separately in the order on combining positions, is taxed and depends on the amount of work performed, as well as on other factors taken into account by the employer.

Legal basis

The legal basis for combination is established in Art. 60.2, 151 of the Labor Code of the Russian Federation. They involve regularly performing additional duties during the working day for additional pay. You can combine your obligations:

• with equivalent functions (for example, the duties of a lawyer with the duties of a legal assistant);
• with other work (for example, combining the position of HR specialist and secretary).

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It is necessary to distinguish from part-time work part-time work, which is carried out in the time free from the performance of basic labor functions. Combination is only possible with the same employer. On the contrary, you can work part-time in different organizations.

Important! The employee combines his duties with other job functions based on the order of the manager. Additional wages should be established for this.

You can remove additional obligations from an employee:

• at his request;
• at the initiative of the employer;
• by mutual agreement.

Combination powers may be terminated:

• upon expiration of the period specified in the order;
• ahead of schedule (for example, if a permanent employee was hired for this position or the employee does not want to perform additional functions).

Upon expiration of the combination period, job responsibilities terminate automatically. When an employee is released early from combined work functions, the employer must issue an order.